1995-029-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 95-013
RESOLUTION 95-029
WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 95-
013, on the 9th day of January, 1995, authorize and direct T. K. Haynes, City Attorney of the
City of Paris, to negotiate for the lease of property located on part of Lots 6 and 7, City Block
251A, being number 1231 N. Main Street, Paris, Texas; and,
WHEREAS, the City Council of the City of Paris has received a request from Larry
Richardson to lease said property for the purpose of opening a used-car lot; and,
WHEREAS, it is deemed to be in the best interest of the City of Paris that such lease
be granted, and that the City Manager, Michael E. Malone, be authorized to execute the Lease
Agreement attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
City Manager, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, the fourteen (14) month, with one (1) year option, Lease Agreement
with Larry Richardson for property located on part of Lots 6 and 7, City Block 251A, being
number 1231 N. Main Street, Paris, Texas, upon the terms and conditions and in the form
attached hereto as Exhibit A.
PASSED AND ADOPTED this 13th day of February, 1995.
ATTEST:
~n~l.\ .~\~'^^~NR)
Mattie Cunningham, City ClerK
LEASE AGREEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
LEASE AGREEMENT BETWEEN THE CITY OF PARIS, a municipal corporation,
acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter
referred to as LESSOR, and LARRY RICHARDSON, Rt. 4, Box 94, Paris, Lamar County,
Texas 75462, hereinafter referred to as LESSEE,
WITNESSETH
For and in consideration of the payment of the sum of THREE THOUSAND FIVE
HUNDRED AND NO/lOO DOLLARS ($3,500.00), payable to the CITY OF PARIS, a
municipal corporation, as follows: $250.00 on or before February 1, 1995, with a like payment
on or before the 1 st day of each month thereafter during the remainder of the term hereof, said
CITY OF PARIS does hereby lease, rent and let unto LARRY RICHARDSON that certain
property located on part of Lots 6 and 7, City Block 251A, being number 1231 N. Main Street,
Paris, Texas, more fully described on Exhibit A, attached hereto and made a part hereof.
1. TERM
The term of this lease is for fourteen (14) months, beginning on the 1 st day of February,
1995, and ending on the 1st day of April, 1996, 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 occupy the same and use the same as a used-car lot, and for no other
purpose.
It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an additional period of one (1) year, the rental for the renewal to be based
on the fair market value at the time of renewal, being April 1, 1996.
2. RENT
That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the agreed
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
premises being improperly constructed, maintained or being or becoming out of repair; LESSEE
hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims
for any such damages or injuries.
4. INSURANCE REQUIREMENTS
That LESSEE must, at all times during the term of this Agreement, and any extensions
thereof, 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, his 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 companies, with
LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris,
and LESSEE or his 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 thereof
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
5. 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 lease 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.
6. 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 to LESSOR all and singular the premises and all
future erections, additions or repairs to or upon same, in good repair.
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.
7. 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.
8. 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,
said lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate
said lease, and LESSOR shall have the immediate right of possession to any and all properties,
improvements or equipment thereon located which may be disposed of by the LESSOR as it sees
fit.
If LESSEE shall at any time abandon such leased property and premises, or shall by and
means evidence his desire or intention to cease to operate thereon a used-car lot, 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, his heirs or assigns, and in such
event LESSOR shall be entitled to and may dispose of, as it may see fit, any and all
improvements or equipment located thereon.
10. TERMINA nON
That either party may, at its option, terminate this lease by giving the other party thirty
(30) days notice, in writing, of its intention.
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, LESSOR:
By:
Michael E. Malone, City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSEE:
STATE OF TEXAS }
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COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL
E. MALONE, City Manager 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
February, 1995.
Notary Public, State of Texas
STATE OF TEXAS }
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COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared LARRY
RICHARDSON, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
February, 1995.
day of
Notary Public, State of Texas