2000-142-RES AUTHORIZING THE EXECUTION OF A LEASE
RESOLUTION NO. 2000-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS RADIO
CONTROL ASSOCIATION TO LEASE 3.673 ACRES OF LAND NEAR
LAKE GIBBONS FOR THE PURPOSE OF MODEL AERONAUTICS
ACTIVITIES; MAKING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on September 11, 1995,
in Resolution No. 95-096, authorize the execution ofa lease agreement with the Paris Radio Control
Association to lease 3.673 acres ofland near Lake Gibbons for the purpose of model aeronautics
activities for a term offive (5) years beginning October 1, 1995, and ending November 30,2000; and,
WHEREAS, the City Council of the City of Paris has received a request from the Paris Radio
Control Association to renew said lease; and,
WHEREAS, the City Council is desirous of renewing said lease for a term of five (5) years,
beginning December 1, 2000, and ending September 30,2005; and,
WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A., should in all
things be approved, and the Mayor of the City of Paris should be authorized to execute the same;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the form of the Lease Agreement with the Paris Radio Control
Association for 3.673 acres of land near Lake Gibbons be, and the same is hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, the Lease Agreement with the Paris Radio Control Association, upon the terms
and conditions and in the form shown in Exhibit A., attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of October, 2000.
~o~~
ATTEST:
st. City Attorney
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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)
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KNOW ALL MEN BY THESE PRESENTS:
THIS LEASE AGREEMENT between the CITY OF PARIS, PARIS, TEXAS, a municipal
corporation, acting by and through its Mayor, Michael 1. Pfiester, duly authorized, hereinafter called
LESSOR, and PARIS RADIO CONTROL ASSOCIATION, Paris, Texas, acting by and through its
President, Victor Abeles, duly authorized, hereinafter called LESSEE, is made this 9th day of
October, 2000.
WITNESSETH
For and in consideration of the payment to the CITY OF PARIS, a municipal corporation,
of the sum of ONE AND NOlI 00 DOLLARS ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the CITY OF PARIS, a municipal
corporation, does hereby lease, rent, and let unto the PARIS RADIO CONTROL ASSOCIATION
3.673 acres of Lake Gibbons property more particularly described on Exhibit A, attached hereto.
IN CONSIDERA nON WHEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
I. The term of this lease is for five (5) years, beginning on the 1st day of December, 2000, and
ending on the 30th day of November, 2005, at which time and on which date the same shall terminate,
unless sooner terminated as herein specified and provided, during which time LES SEE may and shall
use the same for model aviation purposes only.
2. That LESSEE shall pay to LESSOR, or order, at the City Hall in the City of Paris, the
agreed rental in advance, promptly and without neglect, default, and delay.
3. That LESSEE will, at its sole cost and expense, construct and maintain all necessary
appurtenances for model aeronautics and any and all roadways and parking areas to serve the same.
4. That LESSEE will police and supervise the safe use of the property described on Exhibit
A
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EXHIBIT A
5. That LESSEE agrees to indemnifY, save, keep, and hold harmless LESSOR from and
against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and
character whatsoever for damage or injuries to persons and/or property occurring on the leased
premises resulting from LESSEE'S, its invitees', agents', servants', or employees' use, and LESSOR
shall not be liable to LESSEE, its invitees, agents, servants, employees, or visitors due to the
improvements located thereon, or hereafter constructed, or any other condition of the premises being
improperly constructed, maintained, or being or becoming out of repair, LESSEE hereby waiving any
defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages
or injuries, and LESSEE must, at all times during the term of this agreement and any extensions
hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least
$250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and
$100,000.00 for any single occurrence for injury to or destruction of property, indemnifYing all
persons for any and all damages, personal injuries, or property damages sustained in or upon the
premises of said leased property, or any part thereof, as the result of the negligence of LES SEE, its
invitees, agents, servants, or employees, and shall pay all premiums due thereon when due. It is
expressly provided that such insurance policy or policies shall and must be written and issued by a
reputable insurance company or companies, with LESSOR as an additional insured, subject to
approval by the City Attorney of the City of Paris, and LESSEE or its insurance carrier or carriers
shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E.
Street, Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such
company or companies evidencing the fact that such insurance is in full force and effect at all times
during this lease and any extension hereof, and specifically noting thereon that LESSOR is an
additional insured. All such policies shall be written so that the LESSOR will be notified of
cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the
effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt
requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box
9037, Paris, Texas 75461-9037.
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6. Any and all structures, or parts thereof, placed upon the leased premises shall be
considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the
right .to remove, and the obligation to remove, if so requested by LESSOR, the same within a
reasonable time upon termination of this Lease or any renewal hereof
7. That LESSEE will conduct the leased premises in accordam;e with safety procedures
recommended by the Academy of Model Aeronautics and will post warning and safety signs and rules
on the property lines.
8. That LESSEE shall not commit, or suffer to be committed, any waste on the leased
premises, nor shall LESSEE maintain, commit, or permit the maintenance or commission of any
nuisance on the leased premises or use the leased premises for any unlawful purpose. LES SEE shall
not do or permit anything to be done in or about the leased premises which shall in any way conflict
with any law, ordinance, rule, or regulation affecting the occupancy and use of the leased premises
which is or may hereafter be enacted or promulgated by any public authority; or suffer to be
committed any waste on the leased premises; or allow the premises to be used for any improper,
immoral, or unlawful purpose.
9. That LESSEE will take good care of the leased premises and be responsible and make
good to LESSOR all injuries and damages to the same caused by LESSEE or those under it and will
deliver same to LESSOR at the expiration or termination of this lease in as good condition as when
completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease,
peaceably yield up the premises to LESSOR. LESSEE shall not install, erect, or provide any device,
in addition to such devises and equipment presently located at and in use and in connection with the
operation of the leased premises, without first securing the written permission for such installation
or provision from the City Manager of the City of Paris.
10. That it shall be lawful for LESSOR to enter upon and into the leased premises and every
part thereof at all times for the purpose of inspecting and examining the condition thereof
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11. That LESSEE will not sublet the rented premises or any part thereofwithout the consent,
in writing, of LESSOR first had and obtained, provided, however, that such consent'may be given
by the City Manager in the event such subletting shall not exceed one week.
12. That LESSOR shall have the right and privilege of using any portion of said property so
leased for functions sponsored by the City of Paris, or any department thereof, which function has
been approved by the City Council of the City of Paris, which use shall be conducted on a non-
interfering basis with the PARIS RADIO CONTROL ASSOCIATION program.
13. That LESSOR shall have the right and privilege, at its option, to terminate this lease for
necessary municipal functions so declared by the City Council of the City of Paris, and, upon the
giving of ninety (90) days written notice by LESSOR, LESSEE shall vacate such portion to be so
utilized and shall be given the privilege of removing any improvement constructed on said property
by LESSEE.
14. Should LESSEE default in or fail or refuse to keep any of the covenants, conditions,
stipulations, and/or provisions herein contained, notice thereof shall be given to LESSEE by
LESSOR, and, in the event such default, failure, or refusal has not been corrected or performed
within sixty (60) days from the date of such notice, then this lease contract may be terminated at
LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all
persons, property, and effects therefrom, all and every claim for damages for or by reason of said re-
entry being expressly waived.
15. That all notices provided for herein must be made by registered or certified mail, return
receipt requested, addressed as follows:
If to LESSOR:
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
If to LESSEE:
Secretary/Treasurer
Paris Radio Control Association
559 Lamar Avenue
Paris, TX 75460
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That the parties have the right to change their addresses by giving at least fifteen (15) days
written notice to the other party of the new address.
EXECUTED on the dates shown in acknowledgments below.
CITY OF PARIS, PARIS, TEXAS
By:
Michael 1. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, Asst. City Attorney
PARIS RADIO CONTROL ASSOCIA nON
By:
Victor Abeles, President
ATTEST:
Gary Floyd, Secretary-Treasurer
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL J.
PFIESTER, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of October, 2000.
Notary Public, State of Texas
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STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared VICTOR
ABELES, President of Par is Radio Control Association, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October, 2000.
Notary Public, State of Texas
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EXHIBIT A
FIELD NOTES
(FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GffiBONS)
SITUATED about 6 Y, miles West Northwest of the City of Paris, County of Lamar and State
of Texas, a part ofthe N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part
of two tracts ofland conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as
described in deed recorded December 23, 1898, in Volume 88, Page 2;!9, Lamar County Deed
Records, and being more particularly described as follows:
BEGINNING at a point for corner, said point being in the West Boundary Line of the first
tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South
a distance of 936 feet from the Northwest Corner of the N. Matheison Survey, same being the
Northwest Corner of said first tract;
THENCE, continuing South with the WBL Matheison Survey, at a distance of ] 89 feet
passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace
Survey, a total distance of 400 feet, a point;
THENCE East 400 feet, a point;
THENCE North, at 211 feet crossing into the N. Matheison Survey, a distance of 400 feet,
a point;
THENCE West a distance of400 feet to the point of beginning and containing 3.673 acres,
more or less, 1. 736 acres, more or less, from the Matheison Survey and 1. 93 7 acres, more or less,
from the A. S. Wallace Survey.
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