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