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1995-099-RES WHEREAS, COP DID BY DEED DATED MARCH 27, 1984 RECEIVE A THREE-TENTHS RESOLUTION NO. 95-099 WHEREAS, the City of Paris did, by deed dated March 27, 1984, receive a three-tenths (3/IOths) undivided interest in and to Lots I, 2 and 2A, City Block 201-B, upon which the Chamber of Commerce of Lamar County office is located; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of March, 1992, in Resolution No. 92-018, authorize the execution of a Lease Agreement with the Chamber of Commerce of Lamar County, Inc. for the City's undivided interest in and to said property, which lease will expire on the 30th day of September, 1995; and, WHEREAS, the City Council is desirous of continuing to lease its undivided interest in said property to the Chamber of Commerce of Lamar County, Inc. for an additional term of five (5) years, beginning October I, 1995, and ending September 30,2000; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris, 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 with the Chamber of Commerce of Lamar County, Inc., for the City of Paris' undivided interest in and to Lots I, 2 and 2A, City Block 201-B, be, and the same is 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 the Chamber of Commerce of Lamar County, Inc. upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND AOOPI'ED mO 11m "'y OfS~ Eric S. lifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: J~~ T. K. Haynes, City Attorney DRAFT LEASE-94UCHAMBER.LES September 8. 1995 LEASE AGREEMENT STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT is made this 11th day of September, 1995, by and between the CITY OF PARIS, a municipal corporation, acting by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR, and the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC" Paris, Texas, acting by and through its President, William D. Vaughan, duly authorized, hereinafter called LESSEE. WIT N E SSE T H: For and in consideration ofthe payment to the CITY OF PARIS, the sum of One and no/lOO Dollars ($1.00), and other good and valuable consideration, the CITY OF PARIS does hereby lease, rent and let unto the CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. all its undivided interest in and to the properly described on Exhibit A, attached hereto and made a part hereof for all legal purposes. The term of this Lease is for five (5) years, beginning on the 1 st day of October, 1995, and ending on the 30th day of September, 2000. IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: I EXHISIT A 1. That LESSEE will use and maintain the described premises for Visitors and Convention Council activities, as permitted by Section 30-38 of the Code of Ordinances of the City of Paris, and for Chamber of Commerce activities. 2. That LESSEE will be responsible for the main\enance, repair and upkeep of the said premises, ordinary wear and tear excepted. 3. 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, its invitees, agents, servants or employees' use, and LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must, at all times during the term of this agreement and any extensions hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, its invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insurance company or 2 companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or its insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 4. That LESSEE will not sublet the rented premises, or any part thereof, without the consent, in writing, of LESSOR first had and obtained, provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one week. 5. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written approval of LESSOR. 6. That LESSOR shall have the right and privilege of using any portion of said property so leased for functions sponsored by the City of Paris, or any department thereof, which function has been approved by the City Council of the City of Paris, which use shall be conducted on a non-interfering basis with the Chamber of Commerce of Lamar County, Inc.'s activity. 3 7. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within sixty (60) days from the date of such notice, then this Lease contract may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived. 8. All notices provided for herein must be made by registered or certified mail, return receipt requested. WITNESS our hands this 11th day of September, 1995. CITY OF PARIS, PARIS, TEXAS By: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney CHAMBER OF COMMERCE OF LAMAR COUNTY, INC. By: William D. Vaughan, President 4 A TIEST: George Struve, Secretary 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 September, 1995. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared WILLIAM D. VAUGHAN, President of the Chamber of Commerce of Lamar County, 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 day of September, 1995. Notary Public, State of Texas 5 EXHmIT A TRACT I Field notes of a survey of Lots 2 and 2-A of City Block No. 102-B, situated within the Corporate Limits of the City of Paris, Lamar County, Texas; being a part of the Larkin Rattan Survey, Abstract No. 778; also being the same property described in a Deed from Douglas M. Solomon to George D. Solomon, recorded in Volume 523, Page 607, Lamar County Deed Records; said tract being more particularly described as follows, to-wit: BEGINNING at an iron pipe set for a corner, said point being the southwest corner of Lot 2 of said Block 102-B; also being a point in the East Boundary Line of 16th Street S.E.; also being a point 63 feet north of the point of intersection of the East Boundary Line of 16th Street S.E. and the North Boundary Line of Clarksville Street; THENCE with the East Boundary Line of said 16th Street S.E., at 88 feet passing the northwest corner of Lot 2, continuing in all North 00 55' West a distance of 140.5 feet to an iron pipe set for a corner, said point being the northwest corner of Lot 2-A; THENCE with the North Boundary Line of Lot 2-A, North 890 55' East a distance of 148.5 feet to an iron pipe set for a corner, said point being the northeast corner of Lot 2-A and being a point in the West Boundary Line of 17th Street S.E.; THENCE with the West Boundary Line of 17th Street S.E., at 55.7 feet passing the southeast corner of said Lot 2-A, continuing in all South 00 06' East a distance of 150.2 feet to an iron pipe set for a corner, said point being the southeast corner of Lot 2; THENCE with the South Boundary Line of said Lot 2, North 860 19' West a distance of 147.1 feet to the place of beginning. TRACT 2 Field notes of a survey of Lot I of City Block No. 102-B, situated within the Corporate Limits of the City of Paris, Lamar County, Texas; being a part of the Larkin Rattan Survey, Abstract No. 778; also being the same property described in a Deed from George D. Solomon to Socony Mobil Oil Company, dated July 29, 1960, recorded in Volume 368, Page 480, Lamar County Deed Records; said Lot I being more particularly described as follows, to-wit: BEGINNING at an iron pipe set for a corner, said point being the southwest corner of said Lot I; also being the point of intersection of the East Boundary Line of 16th Street S.E. and the North Boundary Line of Clarksville Street; THENCE with the East Boundary Line of 16th Street S.E., North 0055' West a distance of 63 feet to an iron pipe set for a corner, said point being the northwest corner of said Lot I; THENCE with the North Boundary Line of said Lot I, South 860 19' East a distance of 147.1 feet to an iron pipe set for a corner, said point being the northeast corner of said Lot I and being a point in the West Boundary Line of 17th Street S.E.; THENCE with the West Boundary Line of said 17th Street S.E., South 00 06' East a distance of 160 feet to an iron pipe set for a corner, said point being the southeast corner of Lot I and being the point of intersection of the West Boundary Line of 17th Street S.E. and the North Boundary Line of Clarksville Street; THENCE with the North Boundary Line of said Clarksville Street, North 530 50' West a distance of 180.5 to the place of beginning.