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1995-086-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 11TH DAY OF MAY 1992 RESOLUTION NO. 95-086 WHEREAS, the City Council of the City of Paris did heretofore, on the II th day of May, 1992, in Resolution No. 92-038, authorize the execution of a Pasture Lease Agreement with Carey Eatherly for the property located at Cox field Airport; and, WHEREAS, the terms of the lease agreement are in need of revision, and an Addendum Number One to Pasture Lease Agreement dated May II, 1992, in the form attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, 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 Addendum Number One to Pasture Lease Agreement dated May II, 1992, in the form attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, Addendum Number One to Pasture Lease Agreement dated May 11, 1992, in the form attached hereto as Exhibit A. PASSED AND ADOPTED this 14th day of August, 1995. arb -/ ~________ Eric ~~~;r ATTEST: ~tU\,,-~~~~N'{\ ) Mattie Cunningham, City Cler ADDENDUM NUMBER ONE TO PASTURE LEASE AGREEMENT DATED MAY 11,1992, BETWEEN CAREY EATHERLY AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to Pasture Lease Agreement dated May II, 1992, between Carey Eatherly and the City of Paris, Paris, Texas, is made this 14th day of August, 1995, by and between Carey Eatherly, hereinafter called LESSEE, and the City of Paris, Paris, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR. WITNESSETH It is hereby mutually agreed by and between LESSOR and LESSEE that paragraphs 21 and 22 be added to said Lease Agreement so that such shall read as follows: "21. In the event that LESSEE exercises the first option herein granted, which would end May 14, 2002, and in the event that LESSEE keeps each and every agreement contained herein and does and performs all the obligations required of LESSEE hereunder, and in the event that LESSEE sews one hundred twenty-five (125) acres of the leased property with common bermuda grass during the term of the first option herein granted, a second option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of five (5) years from and after the expiration of the first option herein granted in paragraph 20, above. Said option may be exercised by LESSEE giving notice, in writing, on or before the 1st day of January, 2002, of LESSEE's completion or intention to complete said planting of 125 acres of common bermuda grass before the expiration of the first option herein granted. "22. In the event that LESSEE exercises the second option herein granted, which would end May 14, 2007, and in the event that LESSEE keeps lease for an additional period of five (5) years from and after the expiration of the second option herein granted in paragraph 21, above. Said option may be exercised by LESSEE giving notice, in writing, on or before the 1st day of January, 2007, of LESSEE's completion or intention to complete said planting of 125 acres of common bermuda grass before the expiration of the second option herein granted. In the event that LESSEE exercises all option herein granted, this lease would terminate on May 14, 2012." EXECUTED on the 14th day of August, 1995. CITY OF PARIS, PARIS, TEXAS, LESSOR By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney LESSEE Carey Eatherly 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 _ day of August, 1995. STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared CAREY EA THERL Y, 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. 1995. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of August, Notary Public, State of Texas