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1995-083-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 8TH DYA OF MAY 1995 the City Council of the City of Paris did heretofore, on the 8th day of May, 1995, pass RESOLUTION NO. 95-083 WHEREAS, the City Council of the City of Paris did heretofore, on the 8th day of May, 1995, pass Resolution No. 95-049 with Exhibits A and B attached thereto, which said Resolution and Exhibits were incorrect due to inaccurate information being given to the City of Paris, and said Resolution and Exhibits require correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that Resolution No. 95-049 and Exhibits A and B thereto, be, and the same are hereby, amended to read as follows: "WHEREAS, the City Council of the City of Paris has received a request from Outdoor Displays, Inc. to lease property located on Lot 6, City Block 276, for the purpose of constructing, erecting, building and maintaining an advertising structure; and, WHEREAS, Outdoor Displays, Inc. has also requested a Utility Easement from the City of Paris on said lot for the purpose of securing access to the advertising structure for lighting and maintenance purposes; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, and the form of the Utility Easement, attached hereto as Exhibit B, 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 the form of the Lease Agreement, attached hereto as Exhibit A, and the form of the Utility Easement, attached hereto as Exhibit B, be, and the same are 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 Outdoor Displays, Inc. for property located on Lot 6, City Block 276, upon the terms and conditions and in the form attached hereto as Exhibit A; 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 Utility Easement to Outdoor Displays, Inc., in the form attached hereto as Exhibit B. " PASSED AND ADOPTED this 14th day of August, 1995. 4?p~ Eric S. Clifford, Mayor .--:> ATTEST: , (\ \) ) LEASE AGREEMENT STATE OF TEXAS ) ) COUNTY 01<' LAMAR ~ ) LEASE AGREEMENT 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 OUTDOOR DISPLAYS, INC., acting by and through its President, Henry Walls, duly authorized, hereinafter referred to as LESSEE, WITNESSETH For and in consideration of the payment of the sum of SEVEN HUNDRED FIFTY AND NO/lOO DOLLARS ($750.00), payable to the CITY OF PARIS, a municipal corporation, as follows: $600.00 rent for July I, 1993, through June 30, 1995, payable on or before July I, 1995, and $150.00 rent for July I, 1995, through December 31, 1995, on or before July I, 1995; said CITY OF PARIS does hereby lease, rent and let unto OUTDOOR DISPLAYS, INC. the east side of that certain property located on Lot 6, City Block 276. 1. TERM The term of this lease is for six (6) months, beginning on the 1st day of July, 1995, and ending on the 31st day of December, 1995, 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 use the same for the purposes of constructing, erecting, building and maintaining a 12' x 24' stack advertising structure and supports thereon, together with the right to bill-post and service advertisements upon said structure, and for no other purpose. 2. OPTION It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of six (6) months, the rental for the renewal to be based on the fair market value at the time of renewal, being January I, 1996. 4. RENT FOR PREVIOUS YEARS That LESSEE shall pay to LESSOR, as rent for July I, 1993, through June 30, 1995, the amount of SIX AND NO/IOO DOLLARS ($600.00), which said amount shall be due and payable on or before July I, 1995. 5. OWNERSHIP OF STRUCTURES Any and all advertising structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove the same within a reasonable time upon termination of this Lease or any renewal hereof. 6. RIGHT OJ' INGRESS AND EGRESS LESSEE and its authorized agent or agents are hereby granted the right of ingress and egress to and from the leased premises over property owned or controlled by LESSOR for the purpose reasonably necessary for the erection, maintenance, changing, or removal of said advertising structure. 7. OTHER ADVERTISING STRUCTURES PROHIBITED LESSOR agrees not to use or permit any use to be made of the herein leased premises, or any other property owned or controlled by said LESSOR that is located within five hundred (500) feet of LESSEE's advertising structures or displays, for any other advertising structures. 8. 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 oremises being imorooerlv constructed. maintained or being or becoming out of repair; LESSEE 9. 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 or permit the maintenance or commission of any nuisance on the leased premises or use the leased 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 by any public authority; or suffer to be committed any waste on the leased premises; or allow the premises to be used for any improper, immoral or unlawful purpose. 10. PROPERTY CONDITION That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver 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 the premises to LESSOR. 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. 11. INSPECTION That it shall be lawful for LESSOR to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 12. 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 rights, orivilel!es and oblil!ations contained in this lease. said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said lease. If LESSEE shall at any time abandon such leased property and premises, or shall by any means evidence its desire or intention to cease to maintain thereon an advertising structure, the LESSOR may, at its option, cancel this lease by delivery of written notice of cancellation, signed by the City Manager of the City of Paris, without liability to LESSEE, its heirs or assigns. 14. TERMINATION That either party may, at its option, terminate this lease by giving the other party thirty (30) days notice, in writing, of its intention. In the event that this Lease Agreement is terminated, LESSOR shall refund to LESSEE, within thirty (30) days, any unearned rental paid in advance to LESSOR. In the event that the LESSEE's signs located upon said premises become partially or entirely obscured or destroyed without fault of the LESSOR, or if LESSEE be prevented by law or ordinance or other official regulation from erecting or maintaining its signs, the LESSEE may, at its option, terminate this Lease forthwith, and LESSOR shall refund to LESSEE, upon request, any unearned rental paid in advance to LESSOR. The terms of this lease are binding on and the benefits herein inure to the heirs, administrators and executors of LESSEE and the successors and assigns of LESSOR. EXECUTED ON the dates shown in acknowledgements below. CITY OF PARIS, PARIS, TEXAS, LESSOR: By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: 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, 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 the _ day of August, 1995. Notary Public, State of Texas COUNTY OF } } } STATE OF TEXAS BEFORE ME, the undersigned authority, on this day personally appeared HENRY WALLS, President of Outdoor Displays, Inc., 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 the _ day of August, 1995. Notary Public, State of Texas UTILITY EASEMENT COUNTY OF LAMAR } } KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, of Lamar County, Texas, acting by and through its Mayor, Eric S. Clifford, duly authorized, does hereby give, grant, convey, deliver and confirm unto OUTDOOR DISPLAYS, INC, of Paris, Lamar County, Texas, whosemailingaddressis3605N.E.Loop286.Suite 400, Paris, Texas 75460, a utility easement for the purpose of allowing Outdoor Displays, Inc. to secure lighting for its outdoor advertising structure on property described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Reddin Russell Survey, and being part of that certain tract of land conveyed the City of Paris, Paris, Texas, by deed recorded in Volume 238, Page 621, Deed Records of Lamar County, Texas, and being Lot 6, City Block 276, and being more particularly described as follows: BEGINNING at the Northwest corner of said tract conveyed the City of Paris, same being in the South Boundary Line of Loop Highway 286; THENCE South 57 Deg. 09' East with the South Boundary Line of said Loop, a distance of 540 feet, the northeast corner of said tract; THENCE South 2 Deg. 26' 15" East with the East Boundary Line of said tract a distance of 18.38 feet; THENCE North 57 Deg. 09' West a distance of 539.89 feet to a point in the West Boundary Line of said tract; THENCE North 3 Deg. 19' 30" West with said tract's West Boundary Line a distance of 18.44 feet to the place of beginning and containing 0.186 acre of land, more or less. SAVE AND EXCEPT, the easement herein granted is conditioned upon the City of Paris having the right to terminate all or part of this easement in the event the City of Paris declares the need to use the property included in this easement, or any portion thereof, for municipal use. This easement runs concurrently with the Lease Agreement on this tract of land and if, for any reason, said lease terminates, this utility easement terminates at the same time. In the event of termination, the Grantee has the obligation to vacate and abandon the easement by moving all utilities or other property located thereon. In the event of any of the above contingencies, the r;lv of Pori. .h~1I pivp. thp. r;r~ntee thirtv (30) davs notice in writing of its intention to so utilize premises, or any part thereof, and maintaining any and all utilities facilities placed therein; provided that Grantee will, after doing any work in connection with the construction, reconstruction, relocating or maintenance of said utilities facilities, restore the surface to the condition to which said surface was found when such work was undertaken, and that in the use of said rights and privileges herein granted, Outdoor Displays, Inc. will not create a nuisance or do any act that will be detrimental to said premises. Grantor does hereby bind itself, its successors and assigns to warrant and forever defend, all and singular, said premises unto Outdoor Displays, Inc. against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS its hands this 14th day of August, 1995. CITY OF PARIS, PARIS, TEXAS, GRANTOR By: Eric S. Clifford, Mayor 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 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.