1995-049-RES WHEREAS, CITY COUNCIL HAS RECEIVED REQUEST FROM DIRECT OUTDOOR ADVERTISING
RESOLUTION 95-049
WHEREAS, the City Council of the City of Paris has received a request
from Direct Outdoor Advertising to lease property located on Lot 6, City Block 276,
for the purpose of constructing, erecting, building and maintaining an advertising
structure; and,
WHEREAS, Direct Outdoor Advertising 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, it is deemed to be in the best interest of the citizens of the City
of Paris that such Lease Agreement, attached hereto as Exhibit A, be approved and
that such Easement, attached hereto as Exhibit B, be granted, and that Eric S.
Clifford, Mayor of the City of Paris, be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, 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 Direct Outdoor Advertising for property located on Lot 6, City
Block 276, upon the terms and conditions and in the form attached hereto as Exhibit
A.
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 Direct Outdoor Advertising upon the terms
and conditions and in the form attached hereto as Exhibit B.
PASSED AND ADOPTED this 8th day of May, 1995.
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ATTEST:
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Mattie Cunningham, City Cle
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LEASE AGREEMENT
STATE OF TEXAS )
)
COUNTY OF 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 DIRECT OUTDOOR ADVERTISING, acting by and through its
Division Manager, James Martinez, duly authorized, hereinafter referred to as LESSEE,
WITNESSETH
For and in consideration of the payment of the sum of SEVEN HUNDRED FIFTY AND
NO/IOO DOLLARS ($750.00), payable to the CITY OF PARIS, a municipal corporation, as
follows: $600.00 rent for July 1, 1993, through June 30, 1995, payable on or before July 1,
1995, and $150.00 rent for July I, 1995, through December 31, 1995, on or before July 1,
1995; said CITY OF PARIS does hereby lease, rent and let unto DIRECT OUTDOOR
ADVERTISING 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 10' x 40' back-to-back 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
4. RENT FOR PREVIOUS YEARS
That LESSEE shall pay to LESSOR, as rent for July I, 1993, through June 3D, 1995,
the amount of SIX AND NOIlOO DOLLARS ($600.00), which said amount shall be due and
payable on or before July I, 1995.
S. 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 OF 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
premises being improperly constructed, maintained or being or becoming out of repair; LESSEE
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.
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.
II. 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,
privileges and obligations contained in this lease.
13. DEFAULT
Should LESSEE default in or fail or refuse to keep any of the covenants, conditions,
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 01<' PARIS, PARIS, TEXAS,
LESSOR:
By:
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
DIRECT OUTDOOR ADVERTISING,
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 May,
1995.
Notary Public, State of Texas
STATE OF TEXAS }
}
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared JAMES
MARTINEZ, Division Manager of Direct Outdoor Advertising, 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 OFI<'ICE, this the _ day of May,
1995.
Notary Public, State of Texas
UTILITY EASEMENT
STATE OF TEXAS
}
}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
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 DIRECT OUTDOOR ADVERTISING, of Paris, Lamar
County, Texas, whose mailing address is 3605 N.E. Loop 286, Suite 400, Paris, Texas 75460,
a utility easement for the purpose of allowing Direct Outdoor Advertising 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 Ci ty 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 Jess.
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
City of Paris shall give the Grantee thirty (30) days notice in writing of its intention to so utilize
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, Direct Outdoor Advertising 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 Direct Outdoor Advertising against every person
whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS its hands this 8th day of May, 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 OF.FICE, this _ day of May, 1995.
Notary Public, State of Texas