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1996-109-RES WHEREAS, COP POLICE DEPARTMENT IS IN NEED OF ADDITIONAL OFFICE SPACE FOR ITS CRIMINAL DIVISION RESOLUTION NO. 96-109 WHEREAS, the City of Paris Police Department is in need of additional office space for its criminal investigation division, and Richard Margraves, Betty Margraves, Marshall Caldwell, and Deborah C, Perry have generously offered the use of their building located on the south side of Lot 6, City Block 126, being number 87 8th Street S.W., Paris, Texas, for and in consideration of the maintenance of the leased premises, the payment of all utilities used, and the providing of liability insurance on 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 form of the Lease Agreement with Richard Margraves, Betty Margraves, Marshall Caldwell, and Deborah C. Perry, owners, by and through Richard Margraves and Betty Margraves, for the building located on the south side of Lot 6, City Block 126, being number 87 8th Street S.W., Paris, Texas, 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 Richard Margraves and Betty Margraves, upon the terms and conditions and in the form shown in Exhibit A, attached hereto. ATTEST: ~~\S_'- ~ ~~~~~J Mattie Cunningham, City Clerk LEASE AGREEMENT STATE OF TEXAS COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT is made this 14th day of October, 1996, by and between RICHARD MARGRAVES, BETTY MARGRAVES, MARSHALL CALDWELL, and DEBORAH C. PERRY, owners, acting by and through, RICHARD MARGRAVES and BETTY MARGRAVES, duly authorized, hereinafter called LESSOR, and the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSEE. WIT N E SSE T H: For and in consideration of the maintenance of the leased premises, the payment of all utilities used, and the providing of liability insurance on the same by the CITY OF PARIS, and other good and valuable consideration, RICHARD MARGRAVES and BETTY MARGRAVES do hereby lease, rent and let unto the CITY OF PARIS the following described property, to-wit: Situated within the corporate limits of the City of Paris, County of Lamar and State of Texas, being located on the south side of Lot 6, City Block 126, and being number 87 8th Street S.W. The term of this Lease is for two (2) years, beginning on the 1st day of October, 1996, and ending on the 30th day of September, 1998. IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE will use and maintain the described premises for office space. 1 EXHIBIT A 2. That LESSEE will be responsible for the maintenance, repair and upkeep of the said premises, ordinary wear and tear excepted. 3. 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 shaH 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 Lease, and any extensions hereof, list LESSOR as an additional insured on its insurance policy. 4. 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 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. 5. That either party hereto may, at its option, terminate this Lease by giving the other party sixty (60) days notice, in writing, of such intention. 2 6. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of it hereunder during the term of this lease, LESSOR grants to LESSEE the first right to renegotiate an extension of this Lease, which right may be exercised by LESSEE giving notice, in writing, of its intention to renegotiate an extension of said Lease thirty (30) days prior to the expiration of the primary term hereof. 7. All notices provided for herein must be made by registered or certified mail, return receipt requested, to the following addresses: If Lessor: Richard and Betty Margraves Rt. 6, Amherst Road, Box 800 Paris, IX 75462 If Lessee: Michael E. Malone, City Manager City of Paris P. O. Box 9037 Paris, IX 75461-9037 8. The terms of this Lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSOR and the successors and assigns of LESSEE. EXECUTED ON the dates shown in the acknowledgements below. LESSOR By: Richard Margraves By: Betty Margraves CITY OF PARIS, PARIS, TEXAS, LESSEE By: Eric S. Clifford, Mayor 3 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 RICHARD MARGRAVES and BETTY MARGRAVES, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they 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, 1996. 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of October, 1996. Notary Public, State of Texas 4