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1993-106-RES WHEREAS, trade of fill land; and, the City of Paris has received an offer of dirt for the lease of 149.201 RESOLUTION NO. 93-106 WHEREAS, trade of fill land; and, the City of Paris has received an offer of dirt for the lease of 149.201 acres of pasture WHEREAS, the City Council of the City of Paris deems it to be in the best interest of the citizens of Paris to lease said property; and, WHEREAS, the lease agreement attached hereto as Exhibit A should be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, George Fisher, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the lease agreement with Richard D. Swint for 149.201 acres of pasture land in the form of Exhibit A attached hereto. Passed and adopted the 11th day of October, 1993. ~~ e rge lS er, ayor ATTEST: Mattie Cunningham, APPROVED , City Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: That the CITY OF PARIS, a municipal corporation, of the County of Lamar and State of Texas, hereinafter called CITY, for and in consideration of the the agreement to furnish fill dirt on property adjacent to the leased premises resulting from excavation performed by Richard B. Swint, hereinafter called SWINT, has bargained and sold, and does by these presents lease unto the said SWINT, approximately " 140.844 acres of land in the John Wilson Survey being the remainder of a tract of 157.768 acres purchased by CITY from Walter Rosson and wife, Patsy Bell Rosson conveyed to CITY by' deed dated December 28, 1989, recorded Volume 131, Page 273, Real Property Records, Lamar County, Texas, and approximately 8.357 acres of land out of the John Wilson Survey conveyed to the CITY by Richard B. Swint in deed dated May 17,1993, recorded Volume 362, Page 180 Real Proper ty Records, Lamar County, Texas, for a total of 149.201 acres, more particularly described on Exhibit A attached hereto, for a period of five (5) years beginning November 1, 1993, and ending on the 30th day of October, 1998, for a total consideration of 8,920.10 cubic yards of fill dirt, and in the event SWINT fails to produce all of the fill dirt herein traded to CITY, SWINT must pay to CITY fifty cents (50C) for each cubic yard traded to but not furnished to CITY. Said CITY does own all fence now existing on said property, and all additional fence built upon said property l~~...................... t-h", ........,.........n.,..t-u nf rh,:. r.TTV. M,qintenal1ce of fences of, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per per son and $500,000.00 for any single occurrence for bod ily 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 negl igence of SWINT, its tnembers, inv i tees, 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 the CITY OF PARIS as as an additional insured, subject to approval by the City Attorney of the City of Paris, and SWINT or its insurance carrier or carriers shall deliver a copy of such policies to the City Clerk of the City of Paris, 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 CITY is an additional insured. All such policies shall be written so that CITY 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 CITY at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. SWINT agrees to pursue good land management practices with regard to the leased premises. In the event that SWINT shall keep each and every agreement contained herein and do and perform all the obliga- tions required of SWINT hereunder during the term of this lease, an option is hereby given and granted to SWINT to renew and extend this lease for an additional period of five (5) years from and after the expiration of this agreement, for and in consideration of a sum set by CITY, payable in equal annual installments, the first of which will be due and payable on or before November 1, 1998, with a like payment being due and payable on or before the 1st day of November of each year thereafter during the term of said five year option period. Said option may be exercised by SWINT'S giving notice in writing of SWINT'S intention to renew said lease on or before the 1st day of January, 1998, followed by CITY setting the total lease price on or before the last day of Apr il, 1998 and SWINT'S acceptance of the lease pr ice on or before the 31st day of May, 1998. Executed on the dates shown in acknowledgements below. CITY OF PARIS, LESSOR By: George Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared GEORGE FISHER, 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 11th day of October, 1993. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Richard D. Swint, 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 day of October, 1993. Notary Public, State of Texas