Loading...
1994-133-RES WHEREAS, CITY COUNCIL IN RESOLUTION NO 94-109 PASSED ON AUGUST 29 1994 RESOLUTION 94-133 WHEREAS, the City Council of the City of Paris did, in Resolution No. 94- 109, passed on August 29, 1994, authorize and direct the Director of Facilities, Dick Boots, to prepare cost estimates for the construction of a new park in west Paris; and, WHEREAS, the cost estimates are now complete and the plan of improvement for said park, to be known as "Oak Park", attached hereto as Exhibit A, should be approved; and, WHEREAS, the City Council of the City of Paris did also, in said Resolution No. 94-109, authorize and direct the City Attorney, T. K. Haynes, to proceed with negotiations on behalf of the City of Paris to lease property for said park in west Paris; and, WHEREAS, said negotiatIOns are also now complete, and it would be appropriate for the City of Paris to enter into a Lease Agreement with Oak Park United Methodist Church, the form of which is attached hereto as Exhibit B, for the property located at the corner of Bonham Street and 27th Street S.W., which is more fully described on Exhibit B to the Lease Agreement, for a term of twenty-five (25) years; and, WHEREAS, the plan of improvement prepared by the Director of Facilities, attached hereto as Exhibit A, should, in all things, be approved; and, WHEREAS, the form of said Lease Agreement attached hereto as Exhibit B should, in all things, be approved, and Don Shelton, Mayor of the City of Paris, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the plan of improvement for a new park in west Paris, to be known as "Oak Park", prepared by the Director of Facilities, Dick Boots, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the form of the Lease Agreement between the City of Paris and Oak Park United Methodist Church for the property located at the corner of Bonham Street and 27th Street S.W., attached hereto as Exhibit B, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that Don Shelton, Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute on behalf of the City of Paris the Lease Agreement with Oak Park United Methodist Church, upon the terms and conditions and in the form shown in Exhibit B, attached hereto. PASSED AND ADOPTED this 10th day of October, 1994. ATTEST: f"1'T :) 1- J " L_ ,. r"<IB-':)-'-'--'--;'.-~,.--~=--~-:~ . -'l': -;-,~.j.; .- a- '\ - "I "': i I ___ ~ .' 'y/ ! (1lf@j~:.. e 8 \ l/~' ,: l J I ___ () C),~s~)_() jr~-~-:()\ B1' , ,,' . (:l~ f' e C I o@ [...~ f " z o@ 0 c,.... Fl o@ ~ CJ) :J CJ a <( t" , 1 " 0 <fl .." ~ o ?;- u o ~ o u o <;' ! ~ ; ~! i -; mo. ~. ~ ~ ~~ ~ J i ~ ,,04; % "" i ~ z~ 0_ ~ j P.\ ~ 8:: -; ~ .10 , 0_0 0 2' ab ~ tJ 3 ~a~i i~:~ ~ b ~a~r _~. ~~ ~ ~lI::"""'" ,.,...:e.N"'t::; ~5 ~ UF~~ ~~'l~ z~ ~ S.~~J g~~~~~ ~~~ l~ ~~og~ ~~~oz~ffico~ ~-~ ~. '" w<< <w~El1'o<< ~ ....:!?~ o:uj-l!:~~n z~ g~€a~I~~~U~8~~~3~~8~G ~~~~E~:~~~ ~~-z m~~lI:: o 3~~~~~~~~~~5~i~%a~~5 z ii:~/Itl)::Q..zi501Q.. ~ Or~~.a~~G~~ W ~N~~~~~G~__________ -' "l ~ c" It: o )f H.lSZ'M'S 'c.~^~~) 0 0 ,) 0 ..,--_.-----~- (<rt..,~"..-r.~' ) l"v........................ .~..~,.I-. ^,J-J" _ "-. ) (- ] , o ;.;;...-.__.~- J o ~!ii Jeb ["-'-'-'--'1 ~o8 " ~~~ -- c_~------ I () I ;1- ---------- ------'-->,,, \ I . .---------- -- ----- --.------- ___mm_, -'--<:;- i I ~r-=-m~1-1-11~Jl:i:;:rTi:~-(m-( (r '~~-~-:=~~. . o.C-;) I :i , . : oVI e ~ : /_'.:;::::'1 lJ 111111111+11+11-1 I, I ~c?)"~, - / / ; _ lJ .I _'- I JL .I.Ll. ILL -- III It~', 1__... ~ e A- ''II , . . . }! . . , ,1 -. --. , " . () , ~) t; ,/-.- II '.,J , ~ , I Z ,. f g I , >:::: ('~~ . ~ ! lx__ e -..( . .;c.;- 'I LEASE AGREEMENT STATE OF TEXAS ) ) COUNTY OF LAMAR ) LEASE AGREEMENT between OAK PARK UNITED METHODIST CHURCH, acting by and through its Chairman of the Trustees, John Hanna, duly authorized, hereinafter referred to as CHURCH, and the CITY OF PARIS, a municipal corporation, acting by and through its Mayor, Don Shelton, duly authorized, hereinafter referred to as CITY, WITNESSETH For and in consideration of the improvement of the leased property in accordance with the approved plan, a general description of which is attached hereto as Exhibit A, and the maintenance of the improvements on the leased premises, CHURCH does hereby lease, rent and let unto the CITY the property described on Exhibit B, attached hereto and made a part hereof for all legal purposes. The purpose of the lease is to establish a park known as "Oak Park". The term of this lease is for a period of twenty-five (25) years beginning on November 1,1994, and ending November I, 2019. It is mutually agreed by and between CHURCH and CITY: 1. CONSIDERATION As consideration hereof, CITY agrees to maintain the joint-use parking lot depicted as number 20 in the legend on Exhibit A, and to maintain "Oak Park" for park purposes throughout the term of this Lease Agreement. 2. JOINT USE OF CHURCH PARKING LOT That CITY shall have the authority to reserve the pavilion to requesting citizens or groups and will authorize the use of CHURCH's parking lot by said citizens or groups, it being expressly agreed and understood that the pavilion will never be reserved on Sundays except L_..______ ..1-_ L~..__ ~& 1.An ............ ..........1 C.iI" .... rt'\ leased premises resulting from CITY's, its members', invitees', agents', servants' or employees' use, and CHURCH shall not be liable to CITY, its members, invitees, agents, servants, employees, licensees or visitors due to the parking lot, when used as part of the park, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, CITY hereby waiving any defects thereon and agreeing to hold and save CHURCH harmless from all claims for any such damages or injuries. 4. OPTION That CITY shall have the option to continue this lease on the terms and conditions and for a term to be agreed upon by the parties on or before November I, 2018, which is one year before the final termination hereof. In the event that an agreement cannot be made by the above date, the property will revert to CHURCH along with any and all improvements thereupon. 5. TAXES That CITY shall hold the CHURCH harmless for all ad valorem taxes upon the leased property. 6. SUBLETTING That CITY will not sublet the rented premises, or any part thereof, without the consent in writing of CHURCH first had and obtained. 7. USE BY CHURCH That CHURCH shall have the right and privilege of using any portion of said property so leased for functions sponsored by Oak Park United Methodist Church, which use shall be conducted in a non-interfering basis with the CITY's use. 8. DEl<'AULT Should CITY 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 CITY by CHURCH, and in the event such default, failure or refusal has not been corrected or performed ...;t-I-.;.... ..~....t-u lJ:.rI\ A.....~ -&_~_ ..1.._ ..1_.._ _I: ____L __..:__ ..L___ LL~_ 1_ 9. NOTICE REOUIRED All notices provided for herein will be made by personal service. WITNESS our hands this 10th day of October, 1994. OAK PARK UNITED METHODIST CHURCH BY: John Hanna, Chairman of the Trustees ATTEST: Margaret Biggers, Secretary CITY 01<' PARIS BY: Don Shelton, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE m'TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared JOHN HANNA, Chairman of the Trustees, Oak Park United Methodist Church, 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 consideration therein expressed and in the capacity therein stated. STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared DON SHELTON, 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 consideration therein expressed and in the capacity therein stated. 1994. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of October, Notary Public, State of Texas )) ) :. J , , , , , }: , , , )1 , .-, , " '-' .', ,/ ~ I Z ,. (, g -= rl.-r ~ r J J ~t' rl"."'"'\ ,-,_.,-~~:~,~=--,..:: .. .~ [-rX~-J,- r.:.__ ~. ".ft.,. '\'- 'I ...._,~I lfl~. L-~.-j..-. '> Ir.. -)!.Q \.." / ! [- -. . V i ~~. t" '- . .~ \ -I:'>) (:' ! I --.J ,I. .") ( .1~~_~~-'L_~)J\.__.-=-_(), sr , , ('I~ r' ~ o ];0 u & 8 o .< ;; ~ ~1 l "i OJ': v 3 '- b to-. ~ e . n -< ~ o.! i ~ 13< x... i ~ %1 ~_ ~ 1 P.1 ~ A. W ~ .!iii II: 5........0 8" .2 ib ~ t:J ~ 15~~jt EU;s: ~ U fD"-"Jl -':xi ~ ~~~~ =~~78 S!g g ~ ~~F ~ ~v ~ w~u ~ -~~od -j~ ~w~~Oz ~~ ~~~~Oi ~-~~z~~go~ ~o~~~~~g O~~~~~G8 z~ g8zea~'~~~~~85~~~~8 D ~ ~~E~:~~- <<~~~ m~ ~ ~-<~~~;~~!!..~..8~igxa~~o o ~~ii~~~~~ 0 ~ ~~ O~N~~~~~~~N ~ ~N~.~~~cm______ ':J y t! l'<l ~ '" It, Q 8 '~)O HlSZ 'M'S o ,) 0 ('''-'-Y;:;:;:;:';''~) l..."\""'O'........".......^........,~_.I.~. ~;.: '-'f C:) o J ~a~ 11 r-'-" .'1 ~~~ -~c_~---_.- I (~ I - ----. \ ,>c' I (~-mi~1-~~~~~~~:;;;;i~~;~~r~f~:i=,~' -......~~~~-~ -~.y. ~ i o.cv: ~ ./~., lj HHiiIHHI-ftti ,I?: FJ /.,// [ IIILJ III II; " .. II:' / -: . lJ J J. I. '". . __ .00 . ,~, 'h._. .(3 A ~ . (~J '0 :.~:-.--tJl@ 0J (;j ~ I I i . "@ , I {O"(_ . v- i t.-- Q ........( <0:;" '/ ~I Nelson 5urve)ing Co. J.M. Nelson. RPL5 of Texas, 14025 920 N. Main 51. Paris. Texas 75460 903-785-3551 fox 903-785-3399 o.kfI.......lhOI~J *-$ ..'" Bonham St. ...~~" N89'59 50 E co' o (<f) .,; N on (:, lXl >f' N (f) - round (s) - set w gi---. . .., '" . P:l: 0- lf) w E 466.38 , 'II !Pl. 100 50 0 ~ SCALE s 100 200 I FEET 30 vi ~ Sol '" N 8 .n!l'S z \......... ..~?" '" ":/0 . ....'5'). ,0 ~o~ .t>. '" ~ .~ &~~ , \". ",-,--.1 ~...' roq '" ,'\J .'\1 .,.,. ~'5 .<:f) .~ ~"'\ .,Q 6,1 '" ~.,: \,,) ,,#; (,) S89' 1'58'W W. Austin St. ~ \,. '" p ~ N89'52'41'E \" 99.91( '" lp . ",b .... .~, .,'lo .p ". ,,'''':~'<c, v olro' a-" ~, ,"> c; 7.096 AC .<:; ~ ,.... N So, >>. .$,9. "'. 0- ',9". 417. 1 eLl C..' 1."70/1' S'2"_; 1/.. "0 Js'1V '64'22' 70.25' a v FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar. and State of Texas. 0 port of the Aso Jarmon Survey #479, and being 011 of 0 6.720 acre tract of land conveyd United Methodist Retirement Homes of North Texas, Inc., by deed recorded in Vol. 705. Page 481, and 0 port of 0 4.98 ocre tract of land conveyed Garrett Memorial United Methodist Church by deed recorded in Vol. 505, Page 428, and o port of 0 7.18 acre tract of land conveyed Garrett Memorial Methodist Church by deed recorded in Vol. 500, Page 499. of the Deed Records of said County and State. Beginning at on iron pin (s) for corner at the Northwest corner of said 6.720 acre tract. said point be- ing the original Northwest ,corner of said 7.18 acre tract. Thence North 89 Oeg. 59 Min. 50 Sec. East along the South Boundary Line of Bonham St. 0 distance of 466.38 ft. to on iron pin (s) for corner at the bock of curb on the West side of the entrance of said Church; Thence South 1 Oeg. 06 Min. 00 Sec. East 0 distance of 144.37 ft. to on iron pin (s) for corner at the West end of the bock of curb at the Northwest corner of on asphalt parking lot; Thence South 0 Oeg. 05 Min. 12 Sec. West 0 distance of 350.25 ft. to on iron pin (s) for corner at the West end of the back of curb at the Southwest corner of said parking lot; Thence along the bock of sold curb os follows; North 89 Oeg. 52 Min. 41 Sec. Eost 0 distance of 99.91 It. to on iron pin (s); Around 0 curve (R=6.96'. C=South 31 Oeg. 41 Min. 51 Sec. East 11.52 ft.) to the right o distance of 13.56 ft. to on iron pin \s); South 27 Oeg. 32 Min. 32 Sec. West 0 distonce of 19.98 ft. to on iron pin (s); Around 0 curve (R=164.22. C=South 12 Dog. 56 Min. 35 Sec. West 70.25 ft.) to the left 0 dis- tance of 70.8 ft. to on iron pin (s); South 1 Oeg. 17 Min. 59 Sec. West 0 distance of 46.92 ft. to on iron pin (s) for corner; . Thence along the Northerly Boundary Line of W. Austin St. os follows: South 89 Oeg. 11 Min. 58 Sec. West 0 distonce of 417.81 ft. to on iron pin (s); North 89 Oeg. 26 Min. 17 Sec. West 0 distance of 55.89 ft. to on iron pin (s); North 59 Deg. 19 Min. 50 Sec. West a distance of 46.95 ft. to on iron Din (s) for ~nrnf!r