1996-124-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON FEBRUARY 12, 1996
RESOLUTION NO. 96-124
WHEREAS, the City Council of the City of Paris did heretofore, on February 12, 1996,
in Resolution No. 96-017, authorize the application to the Texas Parks & Wildlife Department
for a Texas Recreation & Parks Account (TRPA) Program Grant for the Wade Park
Improvements Project 1996; and,
WHEREAS, the Texas Parks and Wildlife Department approved the Paris Wade Park
n, Project Number 50-00106 on August 31, 1996; and,
WHEREAS, the City of Paris Parks Department is in need of space for temporary
storage of playground equipment for said project; and,
WHEREAS, space belonging to Wal-Mart Stores, Inc. is available at 3170 Clarksville
Street, at no cost to the City of Paris, which would be satisfactory for storing such items until
all equipment has been installed at Wade Park; and,
WHEREAS, it is deemed to be in the best interests of the citizens of the City of Paris
that the form of a Lease Agreement with Wal-Mart Stores, Inc., attached hereto as Exhibit A,
be, in all things, approved, and that the City Manager, Michael E. Malone, be authorized to
execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 01<' PARIS, that the
form of Lease Agreement between Wal-Mart Stores, Inc. and the City of Paris, attached hereto
as Exhibit A, be, and the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael
E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of
Paris, the Lease Agreement with Wal-Mart Stores for use of the garden center area, located at
3170 Clarksville Street, Paris, Texas, for temporary storage of playground equipment for the
Paris Wade Park II Project Number 50-00106 upon the terms and conditions and in the form
shown in Exhibit A, attached hereto.
PASSED AND ADOPfED ilii, tHh "" of NO'=~
Eric S. Clifford, Mayor
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ATTEST:
~~S:~~~~~~~M))
Mathe Cunningham, City Clerk
APPROVED A }O FORM:
I/~/
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this ...l.l1!:L day of November , 1996, by
and between W AL-MART STORES. INC. ,Lessor, and CITY OF PARIS ,Lessee.
WITNESSETH
WHEREAS, Lessor is the owner of the huilding formerly known as Wal-Mart, located at
3170 Clarksville Street ("Premises"); and,
WHEREAS, Lessee under this agreement proposes to store new Dlav!!round eauiDment at
the facility formerly known as Wal-Mart Garden Center (outdoor area on the northeast corner of
build in!! enclosed with chain link fencin!!l
WHEREAS, Lessor and Lessee now desire to enter into an agreement whereby such business
shall be conducted by Lessee at the facility formerly known as Wal-Mart under such terms and
conditions as are hereinafter more particularly set t()rth.
NOW, THEREFORE, in consideration ofthe mutual promises herein contained, the parties hereto
do hereby agree as follows:
I. The Lessee is given permission to temporarily install and occupy the building for the purpose of
plaYl!r~und eauiDment stora!!e ,and for no other reason. Should the premises be used for
another purpose, Lessor can terminate this Agreement immediately and Lessee shall evacuate the
Premises immediately upon notitication.
2. The term of this Agreement shall be for the perilld November 25.,1996 ,through Januarv
15. 1996 ,unless terminated earlier as herein provided.
3. All correspondence to be sent to: Wal-Mart Stores, Inc. 70 I S. Walton Blvd. Bentonville, AR
72716-8707, Attn; Clara Willis ,Asset Manager.
4. Lessee agrees that all items placed in or on the Premises by Lessee, will be removed from the
Premises as soon as practicable t()llowing termination of this Agreement, but in no event later
than Januarv 15. 1996 , unless approved in writing by Wal-Mart.
5. Lessee hereby agrees and covenants that it will remove all property and clean the Premises at
Lessee's sole expense and the licensor shall not be required to do any work whatsoever. Lessee
will contact Linda Tosh ,Store Manager of Wal-Mart, at Paris. Texas for a walk-
through and return of key upon vacating the premises.
6. Lessee covenants and agrees that Lessee at all times will indemnify and save, protect, defend and
hold harmless the Lessor and the Premises of, from and against any and all liability, cost,
damage, expense, reasonable attorney's fees, and tines whatsoever which may arise or be claimed
against the licensor or the Premises by any person or persons for any loss, injury, damage or
death to any person or property whatsoever arising from or out of the business, operations, use
or occupancy of the Premises by the Lessee's agents, employees or servants or arising from or
in connection with any other act or omission of Lessee.
EXHIBIT A
7. All property belonging to Lessee, employees, agents, invitees of Lessee, or any occupant of tbe
Premises shall be there at the risk of licensee or other person only, and Lessor shall not be liable
to damage thereto or theft or misappropriation thereof. .
8. Lessee will carry and keep in force, at its own expense, Comprehensive General Liability
insurance with companies licensed to do business in this State, in an amount not less than
$2,000,000 single limited personal injury and property damage; and $2.000,000 combined
personal injury and property damage. All policies of insurance shall be considered primary of
any existing, similar insurance carried hy Lessor. Lessee shall furnish Lessor with a Certificate
of Insurance showing Lessor as additional insured. To the maximum extent permitted by
insurance policies which may he owned hy Lessor or Lessee, Lessee or Lessor, for the benefit
of each other, waive any and all rights of suhrogation which might otherwise exist.
9. It is understood by licensee that in the event Lessor obtains a long-term tenant to occupy these
premises during the period November 15. 1996 through Januarv 15. 1996 , this Lessee
Agreement shall immediately hecome null and void.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
by their duly authorized corporate officers.
LESSEE
LESSOR
CITY OF PARIS, PARIS, TEXAS
W AL-MART STORES, INC.
.
.
By:
Michael E. Malone,
City Manager
By:
Clara Will is, Asset Manager