1992-012-RES DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF PARIS, PARIS, TEXAS
RESOLUTION NO. 92-012
WHEREAS, the City Council of the City of Paris has for
several years leased a certain area on Lake Gibbons to the
Red River Valley Girl Scout Council of Texas, a corporation,
for the purpose of maintaining recreation and camp facilities
for the Girl Scouts of America, located in the Red River
Valley Girl Scout Council; and,
WHEREAS, the Red River Valley Girl Scout
Texas has repaired and maintained said area and
thereon; and,
Counc il of
facilities
WHEREAS, said lease expires on the 10th day of April,
1992; and,
WHEREAS, the City Council of the City of Paris is aware
of the good works of the Girl Scouts, and wishes to encourage
the same by the re-leasing of said property on the same terms
and conditions as previously leased, except that the City of
Paris must have the privilege of cancelling said lease on or
before the 1st day of April of each year during the term of
the lease; 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, a lease with the Red River Valley Girl
Scout Council of Texas, upon the terms and conditions and in
the form attached hereto as Exhibit A.
Passed and adopted this 9th day of March, 1992.
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org FIS er, Mayor
ATTEST:
Mattie Cunningham, City
ORM:
City Attorney
LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS AGREEMENT MADE AND ENTERED INTO this 9th day of
March, 1992, by and between the CITY OF PARIS, a municipal
corporation, acting by and through its Mayor duly authorized,
hereinafter referred to as LESSOR, and RED RIVER VALLEY GIRL
SCOUT COUNCIL OF TEXAS, a corporation, acting by and through
its President duly authorized, hereinafter referred to as
LESSEE, WITNESSETH:
That the said LESSOR does by these presents lease and
demise unto the said LESSEE the following described property,
to-wit:
Lying and being situated in the County of
Lamar and State of Texas, and being a part and
portion of Lake Gibbons and the property owned by
the Ci ty of Par is and known as the Lake Gibbons
property, being the following described part and
portion of said Lake Gibbons property, to-wit:
BEGINNING at the most Eastern Southeast corner
of said Lake Gibbons property;
THENCE Westerly with the boundaries of said
Lake Gibbons property to the Northwest corner of
the Hathaway property;
THENCE North 35 Deg. West across said lake and
lake property approximately 3345 feet to a point on
the North Boundary Line of said property, said
point being West end of the most Northerly boundary
line;
THENCE Southeasterly with the meanders of the
present boundaries of said property to the place of
beginning.
for a term of five (5) years from the date of this agreement,
with an option to renew said lease at the expiration of the
primary term, for an additional period of five (5) years by
giving notice in writing of the intention of LESSEE to renew
said lease thirty (30) days prior to the expiration of the
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2. LESSEE shall be bound and obligated to properly
maintain care for and keep clean the picnic grounds and
swimming area and approaches thereto, and said Red River
Valley Girl Scout Council of Texas shall make arrangements
for and maintain a keeper or caretaker to look after, protect
and care for the property and grounds of said leased premises
during the term of said lease.
3. At all times during the term of said lease said
LESSEE shall have the sole and exclusive use of the premises
above described and shall be charged with the supervision and
control thereof.
4. LESSOR shall not be liable to LESSEE or its
employees, pa trons, invi tees or v is itor s, for any damage to
person or property caused by the act of negligence of anyone
upon or us i ng said leased premises, or any par t thereof, or
due to any building, pier or structure of any kind located
thereon being improperly constructed, or being or becoming
out of repair, nor for any damages from any defects or want
of repair of any part of the building or structure of which
the leased premi ses form a par t, but LESSEE accepts such
premises as suitable for the purposes for which same are
leased and accepts the building and structures of which the
leased premises form a part, and waives defects therein and
agrees to hold LESSOR harmless from all claims for any such
damage.
5. LESSEE agrees to make at its sole cost and expense
any and all repairs and improvements deemed necessary upon
and to the leased premises or any structure thereon at any
time during the period of this lease.
6. LESSOR shall at any and all times have the right to
debts, liabilities, suits, claims and causes of action of
every kind and character whatsoever for damage or injuries to
persons and/or property occurring on the leased premises
resulting from LESSEE'S, his invitees, agents, servants or
employees' use, and LESSOR shall not be liable to LESSEE, his
invitees, agents, servants, employees or visitors due to the
improvements located thereon, or hereafter constructed, or
any other condition of the premises being improperly
constructed, maintained or being or becoming out of repair,
LESSEE hereby waiving any defects therein and agrees to hold
and save LESSOR harmless from all claims for any such damages
or injuries, and LESSEE must at all times during the term of
this agreement, and any extensions thereof, keep and maintain
in full force and effect a policy or policies of insurance,
providing at least $250,000.00 per person and $500,000.00 for
any single occurrence for bodily 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 negligence of LESSEE, his
invitees, 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 LESSOR as an additional insured, subject to approval by
the City Attorney of the City of Paris, and LESSEE or his
insurance carrier or carriers shall deliver a copy of any
such policies to the City Clerk of the City of Paris, 150 1st
S.E. Street, Paris, Texas 75460, or furnish to said City
so that the LESSOR 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 the LESSOR at the following address:
City Clerk, City of Paris, P. O. Box 9037, Paris, Texas
75461-9037.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
CITY OF PARIS
By:
George Fisher, Mayor
ATTEST:
LESSOR
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
RED RIVER VALLEY GIRL SCOUT
COUNCIL OF TEXAS
By:
Connie Stauter, President
ATTEST:
Cindy Simpson, Secretary
LESSEE
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
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STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the unders igned author i ty, on th is day
personally appeared Connie Stauter, President of the Red
River Valley Girl Scout Council of Texas, 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
of March, 1992.
day
Notary Public, State of Texas