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:
,
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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.