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1997-078-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY OF APRIL 1997 RESOLUTION NO. 97 -078 WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of ApTil, 1997, in Resolution No. 97-042, which was amended on the 12th day of May, 1997, by Resolution No. 97-054, authorize the advertisement fOT a lease on property located on part of Lots 6 and 7, City Block 251A, located on N. Main Street, which bids were received until 3:00 p.m., Tuesday, June 3, 1997; and, WHEREAS, the best bid for such lease was made by Larry Richardson, and he should be awaTded the bid for the same; 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, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid by Larry Richardson for a lease on property located on part of Lots 6 and 7, City Block 251A, located on N. Main Street, in the amount of $3,000.00, be, and the same is hereby, accepted and let; and, BE IT FURTHER RESOLVED, that the form of the Lease Agreement between the City of Paris and Larry Richardson, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with Larry RichaTdson upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOpfED "'" 14ili d., of J01'~ V" Eric S. Clifford, Mayor "" ATTEST: Mattie Cunningham, City Clerk TO FORM: LEASE AGREEMENT STATE OF TEXAS } } } KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR TillS LEASE AGREEMENT is made this 14th day of July, 1997, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as LESSOR, and LARRY RICHARDSON, Rt. 4, Box 94, Paris, Lamar County, Texas 75462, hereinafter referred to as LESSEE, WITNESSETH For and in consideration of the payment of the sum of THREE THOUSAND AND NO/lOO DOLLARS ($3,000.00) per year, payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before July I, 1997, with a like payment on or before the 1st day of each month thereafter during the remainder of the term hereof, said CITY OF PARIS does hereby lease, rent and let unto LARRY RICHARDSON that certain property located on part of Lots 6 and 7, City Block 251A, being number 1227 N. Main Street, Paris, Texas, more fully described on Exhibit A, attached hereto and made a part hereof. 1. TERM The term of this lease is for two (2) years, beginning on the 1 st day of July, 1997, and ending on the 30th day of June, 1999, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall occupy the same and use the same as a used-car lot, and for no other purpose. It is further agTeed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of one (1) year, the Tental for the renewal to be in the sum of THREE THOUSAND AND NO/lOO DOLLARS ($3,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before July 1, 1999, with a like It is further agreed to by LESSOR and LESSEE that LESSEE shall have a second option to Tenew such Lease faT an additional period of one (1) year, the rental for the second renewal to be in the sum of THREE THOUSAND AND NO/lOO DOLLARS ($3,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before July 1,2000, with a like payment on or before the 1st day of each month thereafter during the Temainder of the term of the second option, which ends June 30, 2001. The granting of said second option is subject to the requirements set forth in paragraph 10. It is further agreed to by LESSOR and LESSEE that LESSEE shall have a third option to renew such Lease for an additional period of one (I) year, the rental for the third renewal to be in the sum ofTHREE THOUSAND AND NOlloo DOLLARS ($3,000.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $250.00 on or before July I, 2001, with a like payment on or before the 1st day of each month thereafter during the remainder of the term of the third option, which ends June 30, 2002. The granting of said thiTd option is subject to the Tequirements set forth in paragraph 10. 2. RENT That LESSEE 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. HOLD HARMLESS 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, his invitees', agents', servants', or employees' use, and LESSOR shall not be liable to LESSEE, his 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 .. 1 . thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per peTson and $500,000.00 for any single occurrence for bodily injury OT 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 LESSEE, his 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 Teputable 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 his insurance carrier or carriers shall deliveT a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letteT or certificate from such company OT companies, evidencing the fact that such insurance is in full fOTce and effect at all times during this lease and any extension thereof and specifically noting thereon that LESSOR is an additional insuTed. 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. 5. WASTE, NUISANCE AND UNLAWFUL USE PROHIBITED That LESSEE shall not commit, or suffer to be committed, any waste on the leased premises, nor shall LESSEE maintain, commit OT permit the maintenance OT commission of any nuisance on the leased premises or use the lease premises for any unlawful purpose. That LESSEE 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 _11____"-1__ to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deli veT 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 to LESSOR all and singular the premises and all futuTe erections, additions or repairs to or upon same, in good Tepair. 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. 7. INSPECTION That it shall be lawful for LESSOR to enteT upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 8. ASSIGNMENT OF LEASE That LESSEE has the right to assign this lease, only after first having received written permission from the City Manager of the City of Paris, with such assignee having all Tights, privileges and obligations contained in this lease. 9. DEFAULT Should LESSEE default in or fail or refuse to keep any of the covenants, conditions, stipulations or provisions herein contained, then the LESSOR shall have the right to terminate said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said lease, and LESSOR shall have the immediate right of possession to any and all properties, improvements or equipment thereon located which may be disposed of by the LESSOR as it sees fit. If LESSEE shall at any time abandon such leased property and premises, or shall by and means evidence his desire or intention to cease to operate thereon a used-car lot, the LESSOR Ill. OPTION In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of him hereunder during the primary term of this Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for a period of one (1) year from and after the expiration of this agreement, which option may be exercised by LESSEE giving notice, in writing, of his intention to renew said lease ninety (90) days prior to the expiration of the pTimary term of the Lease, and shall be under such terms as previously provided. Further, in the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of him hereunder during the fiTst option of this Lease, a second option is hereby given and granted to LESSEE to renew and extend this Lease for a period of one (1) year from and after the expiration of said first option, which second option may be exercised by LESSEE giving notice, in writing, of his intention to renew said lease ninety (90) days priOT to the expiration of the first option of the Lease, and shall be under such teTms as previously provided. Further, in the event LESSEE shall keep each and every agreement contained heTein and do and perform all the obligations required of him hereunder during the second option of this Lease, a third option is hereby given and granted to LESSEE to renew and extend this Lease for a peTiod of one (1) year from and after the expiration of said second option, which third option may be exercised by LESSEE giving notice, in writing, of his intention to renew said lease ninety (90) days prior to the expiration of the second option of the Lease, and shall be under such terms as previously provided. ILTERMINATION That either party may, at its option, terminate this lease by giving the other party thirty (30) days notice, in writing, of its intention. l"', ~_ _ _ _ __ __ "'-_ ..LL ~ L _~_._ CITY OF PARIS, LESSOR: By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSEE: Larry Richardson STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, City Manager of the City of Paris, 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 theTein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 14th day of July, 1997. Notary Public, State of Texas STATE OF TEXAS } } COUNTY OF LAMAR } BEFORE ME, the undersigned authority, on this day personally appeared LARRY RICHARDSON, known to me to be the peTson whose name is subscribed to the foregoing instrwnent, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1997. ," .....'.~ ".::,::.::;. ~..' ~:,.P''''' . . ';':;;;/ Y?' . ~' " :1 -:i. ;.1 .;) ,'" ;'1' ., :.1' :1. ~ 'I" , , I( , i EXHIBIT "A" SITUATED within the corporate limits of the City of parisr County of Lamar and State of Texas, a part of the Larkin Rattan Survey and the Reddin Russell Survey #70G, and being a part of a 5.G70 acre tract of land described in deed to Ray Spencer, recorded in Volume G1G, Page G97, Deed Records, Lamar County, Texas, being Lots G and 7, City Block 251A, and being more particularly described as follows: BEGINNING at a brass cap (f) for corner at the Southeast corner of said 5.G70 acre tract, said point being the Northeast corner of a tract of land conveyed Edward R. Jenkins by deed recorded in Vol. 14, Page lOG, of the Real Property Records of said County and State. THENCE South 70 Deg. 17 Min. 31 Sec. West along the South Boundary Line of said 5.G70 acre tract and the North Boundary Line of said Jenkins tract at 10G.05 feet passing an iron pin (s) and an el corner of proposed 1st Street N.W., and at 1GO.15 feet passing the proposed center line of said 1st Street N.W., and continuing on a total distance of 208.49 feet to an iron pin (s) for corner; THENCE along the Westerly Ooundary Line of proposed 1st Street N. W. as follows: Northerly around a curve (R=G02. 9G feet, C=North 34 Deg. 10 Min. 25 Sec. East 85.4G feet) to the right a distance of 05.53 feet to an iron pin (s); North 30 Deg.14 Min. 15 Sec. East a distance of G2 feet to an iron pin (s); Northerly around a curve (R=GOO.05 feet, C=North 31 Deg. 17 Min. 42 Sec. East l15.0G feet) to the left a distance of 145.42 feet to an iron pin (s) for corner in the Easterly North Boundary Line of said 5.670 acre tract, said point being in the South Boundary Line of a lot conveyed D. S. Lane by deed recorded in Vol. 29G, Page 317, of said Deed Records; THENCE South 88 Deg. 58 Min. 20 Sec. East at 32.53 feet passing the center line of proposed 1st Street N. W., and continuing on a total distance of 30.24 feet to the Easterly Northeast corner of said 5.G70 acre tract and the Southeast corner of said Lane lot; THENCE South 01 Deg. 13 Min. boundary Line of North Main Street the place of beginning determined by actual survey Registered Professional Land 28th day of June, 1991. 24 Sec. West along the West a distance of 172.40 feet to As on the ground by J. M. Nelson, Surveyor of Texas, #4025 on the "