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:
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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
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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
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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
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Paris. Texas 75460 903-785-3551 fox 903-785-3399
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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