1991-048-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 1440, approve the
RESOLUTION NO.
91-048
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 1440, approve the execution of
an Agreement of Option to Lease from Agpro, Inc.; and,
WHEREAS, the terms of the lease agreement are in need of
revision and an Addendum Number Four to Agreement of Option
to Lease dated August 9, 1971, in the form of Exhibit A
attached hereto should be approved; NOW, THEREFORE,
that Addendum Number Four
dated August 9, 1971, in
hereto, is hereby approved.
to Agreement
the form of
of Option
Exhibit A
OF PARIS,
to Lease
attached
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
BE IT FURTHER RESOLVED, tha t the Ac t ing Mayor of the
City of Paris, Billy Joe Burnett, be, and he IS hereby
authorized and directed to execute on behalf of the City of
Paris, Addendum Number Four to Agreement of Option to Lease
dated August 9, 1971, attached hereto as Exhibit A.
Passed and adopted this 10th day of June, 1991.
ATTEST:
Mattie CunnIngham, City
ADDENDUM NUMBER FOUR TO AGREEMENT OF OPTION
TO LEASE DATED AUGUST 9, 1971, BETWEEN AGPRO,
INC. AND THE CITY OF PARIS, PARIS, TEXAS
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS that this Addendum to
Agreement of Option to Lease, made this 10th day of June,
1991, by and between Agpro, Inc., by and through its
President, Joe Gribble, hereinafter called LESSEE, and the
City of Paris, Paris, Texas, acting by and through its Acting
Mayor, Billy Joe Burnett, duly authorized, hereinafter called
LESSOR,
WITNESSETH:
It is hereby mutually agreed by LESSEES and LESSOR, that
the following paragraphs be amended to read as follows:
8.
That LESSEE agrees to indemnify, save, keep
and hold harmless LESSOR from and against any and all
demands, 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, its invitees, agents,
servants or employees' use, and LESSOR shall not be liable to
LESSEE, its invitees, agents, servants, employees or visitors
EXHIBIT A
due to the improvements located thereon, or hereafter
cons true ted, or any other cond i t ion of the premises be ing
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 proper ty, or any par t thereof, as the res ul t of the
negligence of LESSEE, its 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 its 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 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 LESSOR is an additional
insured.
All such policies shall be written 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.
Executed on the 10th day of June, 1991.
CITY OF PARIS
By:
Billy Joe Burnett, Acting Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSOR
AGPRO, INC.
By:
Joe Gribble, President
ATTEST:
Joann Gribble, Secretary
LESSEE
STATE OF TEXAS ~
&
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority on this date personally
appeared Joe Gribble, President of Agpro, Inc., 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
June, 1991.
day of
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally
appeared Billy Joe Burnett, Acting Mayor of the City of
Paris, Paris, 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 consid-
eration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of
June, 1991.
Notary Public, State of Texas
Printed Name:
My Commission Expires: