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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 ~ ----- 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