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1992-034-RES WHEREAS, the City Council of the City of Paris, did at its regular meeting on February 9, 1992, approve RESOLUTION NO. 92-D34 WHEREAS, the City Council of the City of Paris, did at its regular meeting on February 9, 1992, approve proceeding with plans to use the Old Safeway Store building at 520 Clarksville for youth and senior activities and to secure building by lease for one year and, WHEREAS, as directed, the City Manager of the City of Paris did execute a lease contract with J. D. Wilmoth for a term of one year beginning April 15, 1992 and ending April 14, 1993, which execution should be in all things ratified; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the acceptance of the lease contract in the form attached hereto as Exhibit A is hereby ratified and the form of such lease contract is approved; and, BE IT FURTHER RESOLVED; that the execution of the lease contract attached hereto as Exhibit A with J. D. Wilmoth by the City Manager of the City of Paris on the 15th day of April, 1992, is hereby ratified. Passed and adopted this 11th day of May, 1992. ~;/~ Ge rge isner, Mayor ATTEST: ~b~\~~ Mattie Cunning am, Ci y er FORM: , Clty Attorney --\J( LEASK OONtRACT This lease, by and between J. D. Wilmoth, Lessor, and City of Paris, Paris, Texas , Lessee, entered into on the day .nd d.te herein.fter st.ted as follows. 1. PRKHISKS. Subject to the terms, conditions and provisions hereof Lessor leases to Lessee a building Appro~imately 20,000 square feet shown on Exhibit "A" tosethat' with the COIl'dllen are. outlined \ in red upon Exhibit. "A", which is attached hereto and made A part hereof for all purposes. 2. TKaK. Th. t.rm of this 1.... is April 15. 1992 and .nding one year April 14. 1993 belinnins 3. UNT. draft Texas Lessee agree. t.o p.y Lessor the follewing rent p.y.ble to J. D. Wilmoth and mailed to Box 109, 75606, or as designated in writing by Lessor. by check er Lungview, (.) A fixed minimum rental in the sum of $1.000 per month, payable in advance on the first day of each calendar month during the term. The minimum rent for any fractional calendar month shall be prorated. (b) Security Deposit NONE 4. ATTORNKkNT. If Landlord's interest in the Property is acquired by any ground lessor, beneficiary under a deed of trust, mortgase or purchaser at a foreclosure sale, Tenant shall attorn to the tran.feree of or succe..or to Landlord'a interest in the Proparty And recognize such transferee or succassor s. Landlord undar this L..... Tenant waiv.. the protection of any statute or rule of law which gives or purports ~o give Tenant any right to terminate this Lease or surrender possession of the Property upon tha trans far of Landlord's interest. 5. SIGNlNG OF DOCUHlNTS. Tenant shall sign and deliver any instru- ments or documents necgssary or appropriata to evidence any such attornmen~ or subordination or ag~eement to do so. If Tenant fails to do so within ~Bn (10) days after written request. Tenant hA~Aby make., constitutes and irrevocably appoints Landlord, or any transfer.e or auccessor of Landlord, the attorney-in-fact of Tenant to execute and deliver any such in.trument or documant. 6. ISTOPPIL CKRTUlCATIS. (.) Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying. (i) that none of tho terms or provisions of this Lease have bean changed (or if they have been changed, stating how they have been changed); (ii) that this Lease has not boen cancelled o~ terminated; (iii) that la.t date of payment of ~he Base Rent and othar chargas and the time period covered by such payment; and (iv) that Landlord is not in default under this Lease (or, if Landlord is claimed to be in default, _. \. ____.... _'--_1'\1 _~_..._____ _.._L _.L_L_-'-__.... .._ (iii) that not more than one month'. Base RenL U~ other charges have been paid in advance, and (iv) that Landlord is not in default under the LIlas". In such event. Tenant shall bs estopped frum denying the truth of such facts. 7. CatfON AllKA. All areas outlined in red on Exhibit "A" which ate not covered by building including parking lot. drives. truck ramp and those areas covered by grass shall be maintained 1n good repair by Lessee. 8. LESSRK'S R&PAlRS. Lessee agrees to assume full responsibility for all maintenance. without any way limiting thll; obliglltion Llls","" "grees to keep t.h.. building and all componClnts th..reof. heating. ventilating and cooHng equipment, wldnl!> plumbing, sprinkler system. plate glass, floor covering, interior painting and exterior door repairs and painting in goo~ repair and Lu ,.epair ,,11. damage to the leased premises, and that on Aurrendering possession. Lessee will leavo the leaaed premises in good condition, reasonable wear and tear exceptsd. Lesse~ may. "i th Lessor's "d tten approval, make such rspairs, Illt"I:atlulIs and improvements to the leased premieea as Lesooe determines ~p.8lrable, but Lessee agrees not to permit any liens to stand sgainst the leased pr.emises for work dono or materials furnished. Lessee may paint the interior of the leaaed promiaes in such color!: ..II T.A!'see ol..cts. Lessee shall, with Loosor' s approval, have the right to paint, erect or authorize signs in. on or about the leased premises and may at Dny time, with Lessor's approval, remove signs and color effects installed by Les81le. On surrendering possession, Lossee shall be required to restore LIle leased premiees to their condition at the cOlMlencement of tho t..rm, and Lessor sgrees to accept the leased premises with alterations and improvenlents mllde by Lessee "ml approved by Lessor. Lessee sgrees to pay all charges for electricity. gas.. heat, water. telephone and other utility services used by Lessee en, the leased premises. 9. LESSEE'S FtXTURKS. Lessee may install in the loased premises such fixtures and equipment as Lessee deems desirable and all ur said items exclusive of the air conditloning equipment and ducls shall remain Lessoe'. property, "hether or not affixed or at.t.ached to the leased premises. All Il1r conditioning equIpment and ducts shall become the property of tho Lessor and the sams shall not he removed from the leased premises. Exclusive of the sir conditioning equipment Ilnd ducts. Lessee may remOVe all items installed by him from the leasBd premises at any tlmA but shall repair any damage caused by sueh removal. 10. OOMFLIANCE WITH LAWS. Lessee agrees not to violate ~lY law, ordinance, rule or regulation of any governmental authority having jurisdiction of the leased premises and to mille non- structural repairs, improvementa and slterlltions to the lnLerior of the building on the laased promisee required by such suthority, if rsquired solsly by reasun of Lessee's type of bus1neu. All such changBs and alterations shall be subject to the writt"n approval of Lessor. fifteen (15) days aftar said date. If Lessee is deprived of the . use of any aubstantial portion of the leased pumina either by r...aon of said damage or during reatoration, the rent shall be absted or propnrUnnllhly reduced according to the extent to . which Le8llao 1& deprived of such use. Lessee sgrees to kaep in effect on the leased premises fire lns\.rance with extended coverase endorsement in an amounb not less than eight.y percent (80::1:) of the Imlllrable value of the bunding improvement.. thoreon, naming J. D. Wilmoth as the insured. L..ss.... 9ho agrees to keep 111 ..ffect un Les"..e'.. merchandlse and fixtures fire insurance with extended coverage endorsement in an amount not less than eighty percent (SO::l:) of the insurable value of said merchandise and fixtures. Evidence of this coverage to furni..hed to Lessor. 12. ASSICNHKNT AND SUBLKTTING. Lessee shall not a.sign thls lease nor sublet the leased premisas without Lessor's written conaent, which shall not ba unreasonably withhold. 13. INDKHNIllCATION. Lessee sgrees to indemnify Lessor against and saVe Lessor harmless from all demands, claims, onURes of Action or Judgments, and all reAsonable exponsRs incurred in invest i.' gating or resisting the seme, for injury to porson, loss of life or damsge Lo property occurring on the leased promisns and Artstng out of Lessoe's uso and occupancy except if causod by the Act or neslect of LeGGor, its eontrAotora, sgents or empleyees. ThQ Lessee ahall maintain edequate in..urance covering Lessee's obligations under this paragraph in respect of injury to person and loss of Ilf$ And furnish Lessor . with evidence of such coverage. Lessee shAll satisfy its obligation of indemnification by' adding Lessor to Lessee's policy as an additional insured. 14. DKrA~T. If Lessee shell be in default for more than twenty (20) clays after receipt of Lessor's notice specifylns such default, Lassor may declare the term ended and re-enter the lea..ed premises with or without proce..s of law. If Le....or shall be in default for. mol'S than twenty (20) days aftor receipt of Lessae'. notice specify ins such default, Lessee may incur Any expense necessary to perform any obligation of Lessor specified in such notice and deduct such expense from the rents thereafter to become due. 15. LANDLORD'S ACCESS. Landlord and its authorizod asents shall have the risht, durins normal business hours, to enter the Property (A) to inspect the s..neral condition And state of r..pair thereof, (b) Lo make repairs required or permittod under this I.ease, (c) to show th.. property to any prospective tenant or purcha..er .or (d) for any other r..aaonable purposo. Durins the lease Term, Landlord and its authorized 88ents shall have Lhe right to erect ancl maintain on or about the Property customary signs advertising the Property for lease or for sal... 16. 1.nn:TATION OF LANDWRD'S LIA1lILITY. As used in this I.ease, the tOlrm "Landlord" mesns only tho our rent owner or owners of the fee title to the Property or the 1easeheld estste under a ground - . - .~ The rent for any period of time sf tel' expiration of this lesse or option will be 150% of last rent paid on loaso or option. 18. TAXIS. Lessee agree to pay the Ad VAlorem tAxas on tho lons~d . premises and common areas during the term of the lease and any extensions of the lease. 19. APPRARAHCR OF LRASRD PRllKISRS. Lessee sgrees that, in addition to Lessee's other obligations hereunder and subject to Lessor's obligations hereunder to repair and restore, Lessee shall at all times maintain both the interior and extafior of the leAsed prAmi.... along Ifith all cOlll1\on areas in a neat, clean and presentable condition. 20. NOTICBS. Any notice provided for horein shall bo glvon by registered or certified United Ststes mail, postage prepaid, addressad, if to I,a.eor to tha panon to whom the rent 1. the" payable at the address to which the rent is then mailad, and if t.o l.es...., to it at 1'. O. Box 9037. Paris. Texas 75461-9037 The person and the place to which notices are to be mailed may be chAnged by either party by notice to the other party, or addi- tional persons and/or places may be designated. 21. ~RKlDt&S CUHUtATlYK. No remedy heroin conforred upon or reserved to Lessor or Lessee shall exclude any other remedy herein or by law provIded, but each shall be cumulatlve and In addition to every other remedy given hereunder or hereafter existing at law or in equity or by statute. 22. SHORT FORM LHASR. This loase shall not be recorded, but it is agreed that, upon request by either party, tho partios will execute a short form of this lease which may be recorded by either party. 23. PARAGRAPH HEAblNGS. The paragraph headings of this loaso are inserted only for reference and in no way define, limit, or d8!lcdbe the scope or intent of this lease nor affect its terms and provisions. 24. FORCI HAJEURE. In the eyent performance by Landlord of any term, condition or covenant in this Leaso is delayod or prevented by any Act of God, strike, lockout, shortage or material or labor, restriction by any governmental authority, civil riot, flood, or any other cause not within the control of Landlord, the period for performance of such term, condition or covenant shall be extended for a period equal to the period Landlord i. so delayed or hindered. 25. WAtvkkS. All waivers must be in writing and signed by the waiving party. Landlord's failure to on force any provisions of this Lease or its acceptance of rent shall not be a waiver and shall not prevent Landlord from enforcing that provision or any other provision of this Lease in the future. No statement on a payment check from Tenant or in a lattar accompanying a payment check shall be binding on Landlord. Landlord may, with or without notice to Tenant, negotiate such check without being bound to the conditions of such statement. partia.. Any other attempted amendment shall be void. 29. RIGHTS OF SUCCESSORS. All of the rights and obligstions of the partie. under this lease shalt blnd and insure to the benefit of .respective heirs, personal representatives, succassors and asslgns. 30. LANDLORD'S LIEN. In addition to the statutory Landlord's lien. Tenant hereby grants to Landlord a security interest to secure payment of all rent and other sums of money becoming due here- under from Tan.nt, upon all Boods, wares, oquipment, fixtures, furniture and other personal property of Tenant situated in or upon the Property, together with the pr.oceeda from tho salo or lesss thereof. Such property shall not be removed without the consent of Landlord until all arrearages in ront and other sums of monay then due to Landlord hereundar shall first haye been paid and dlachargad. Upon the occurrence of an avant of dofau1t, Landlord may, in addition to any other remedies provided harain or by law, enter upon the Property and take possesaion of any and all goods, wares, equipment, fixtures, furniture and othar personal property of Tenant situated on the Property without liability for trespass or convarsion, and sell the same at public or private sale, with or without haYing such proparty at tha sale, after giving Tenant reasonable notice of the time and place .of any such sde. Unless otherwise required by law, notice to Tenant of such sale 8hall be deemed sufficient if given in the manner prescribed in thia Lease at least ten (10) days befora the time of the sale. Any public sale made under thie psragraph I'Ihall be deemed to have been conducted in a comt1lercially reason- able manner if hald on the Property or where the property is located, after the time, place and method of sale and n general description of the types of property to be sold have been advertised in a daily newspaper published in Lamar County, Texas, for five consecutive days before the date of the sale. Landlord or its assigns may purchaso at a public sale and, unless prohibited by law, at a private ssle. The proceeds from any disposition dealt with in this paragraph, less any and all expenses connected with tha taking of posseasion, holding and selling of the property (including reasonable attorneys' fees and legal expenses), shall be applied as a credit against the indebt- edness secured by the security interest granted herein. Any surplus shall be paid to Tenant or as otherwise required by lawl Tenant shall pay any deficiencies forthwith. Upon reqllast by Landlord, Tenant agrees to execute and deliver to Landlord a financing statomnnt in form sufficient to perfect the security interest of Landlord in the aforementioned property and procaeds thereof under the provisions of the Uniform Comt1lsrcia1 Code in force in the State of Texas. Ttle atatutory lien for rent is expressly reserved, the security intereat herein granted is in addition and supplementary thereto. 31. BANlRUPTCY. If Lessee, its successors, assigns or sub-lessees, if any, should file a petition in bankruptcy or should bank- ruptcy proceedings be begun against Lessoo, its successors or assIgns, or should anyono of them make an assignment for the benefit of creditors or should the premises be placed in tho possession of a receiver, then and in that event, Lessor shall Lease Term. If Tenant falls to deliver Landlord written notice of the exercise of an Option within the prescribed Um.. period, such Option and any 8uccoodin8 Optlon~ .h.ll lapse, And there shall be. 110 furtbar ri8ht to llxtend the T.RAse Term. Each Ort.lon shall be exerciaable by Tonant on the oxpresg condittnn that at lhe time of the exercise, and at all tlmu prior to the commencement of such Extonsion(s), Tonant .hall not be in default under any of the provhions uf thb Lense. Thl\ fore80ing Option(s) are per.onal to Tanant end may not be exercised by any 8ss1gnee or tub-tenant. 33. PURCHASE OPTION. At any time during tho term of t.ho luuRe the Le..ae shall hava the option to purchase the laased property for the sum of $200.000. IXICUTBD in duplicate thi. the 15th day nf April , 1992. CITY OF PARIS, PARIS, TEXAS By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, ,. '" '. . . ."-.u. 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