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1997-131-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 12TH DAY OF JANUARY 1970 -, . . RESOLUTION NO. 97-131 JOINT RESOLUTION NO. J97-006 WHEREAS, the City Council of the City of Paris did heretofore, on the 26th day of January, 1995, in Resolution No. 95-018, approve and adopt the Parks and Recreation Master Plan for the City of Paris; and, WHEREAS, said Parks and Recreation Master Plan for the City of Paris states that the City of Paris should acquire open lands and develop youth sports facilities adequate for small tournaments; and, WHEREAS, Paris Junior College is desirous of leasing to the City of Paris its property known as Dragon Park, which is located south of Paris Junior College between 24th Street S.E. and S. Collegiate Drive and north of Jefferson Road, and which is adequate for the uses recommended by said Parks and Recreation Master Plan, and the City of Paris is desirous ofleasing the same from Paris Junior College for a term of twenty-five (25) years; 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, Eric S. Clifford, and the President of the Board of Regents of Paris Junior College, Daon Wall, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE BOARD OF REGENTS OF PARIS JUNIOR COLLEGE, that the form of the Lease Agreement between the City of Paris and Paris Junior College, attached hereto as Exhibit A, for the property known as Dragon Park, which is located south of Paris Junior College between 24th Street S.E. and S. Collegiate Drive and north of Jefferson Road, for a term of twenty-five (25) years, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, and the President of the Board of Regents of Paris Junior College, Daon Wall, be, and they are hereby, authorized and directed to execute, on behalf of the City of Paris and Paris Junior College, respectively, the Lease Agreement for Dragon Park, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 10th day of November, I ATTEST: ~~~~~ Mattie Cunningham, City Clerk ~ . . ATTEST: ;<O-~.LAc. .1: c civ,) Karen Lodes, Secretary I I . . LEASE AGREEMENT COUNTY OF LAMAR ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS THIS LEASE AGREEMENT is made this 10th day of November, 1997, by and between PARIS JUNIOR COLLEGE, acting by and through its President of the Board of Regents, Daon Wall, duly authorized, hereinafter referred to as "PJC," and the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as "CITY." WITNESSETH For and in consideration of the improvement of the leased property, a general description of which is attached hereto as Exhibit A, and the maintenance of the improvements on the leased premises, PJC does hereby lease, rent, and let unto CITY the property described on said Exhibit A, attached hereto arid made a part hereof for all legal purposes. The purpose of the lease is to establish a sports complex known as "Dragon Park." The term of this lease is for a period of twenty-five (25) years, beginning December 1,1997, and ending November 30, 2022. It is mutually agreed by and between PJC and CITY: 1. CONSIDERATION As consideration hereof, CITY agrees to maintain the property described in Exhibit A, attached hereto, for park and sports complex purposes throughout the term of this Lease Agreement. CITY also agrees to refurbish the existing walking track for safety and improve lighting for security. 2. HOLD HARMLESS That CITY agrees to indemnifY, save, keep, and hold harmless PJC from and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damages or injuries to persons and/or property occurring on the leased premises . . I defects thereon and agreeing to hold and save PJC harmless from all claims for any such damages or injuries. 3. OPTION That CITY shall have the option to continue this lease on the terms and conditions and for a term to be agreed upon by the parties on or before November I, 2021, which date is one (I) year before the final termination hereof. In the event that an agreement cannot be made by the above date, the property will revert to PJC along with any and all improvements thereupon. 4. TAXES That CITY shall hold the PJC harmless for all ad valorem taxes upon the leased property, 5. SUBLETTING That CITY will not sublet the rented premises, or any part thereof, without the consent, in writing, ofPJC first had and obtained. 6. USE BY PJC That PJC shall have the right and privilege of using any portion of said property so leased for functions sponsored by PJC, which use shall be conducted in a non-interfering basis with CITY's use. 7. DEFAULT Should CITY 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 CITY by P JC, 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 Agreement may be terminated at PJC's option, and it shall be lawful for PJC 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. 8. NOTICE REOUlRED All notices provided for herein will be made by personal service. . . I ATTEST: Karen Lodes, Secretary CITY OF PARIS, PARIS, TEXAS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared DAON WALL, President of the Board of Regents of Paris Junior College, 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 November, 1997. Notary Public, State of Texas STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared ERIC S. CLIFFORD, 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.