1991-049-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 87-041 approve the
RESOLUTION NO.
91-049
WHEREAS, the City Counc il of the Ci ty of Par is did
heretofore in Resolution No. 87-041 approve the execution of
an assignment of the Cox Field property Lease Agreement from
Roger Allen Boxwell to John Gann, III; and,
WHEREAS, the terms of the lease agreement are in need of
revision and an Addendum Number One to Lease Agreement dated
August 10, 1982, in the form of Exhibit A attached hereto
should be approved; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that Addendum Number One to Lease Agreement dated August 10,
1982, and assigned to John Gann, III, in the form of Exhibit
A attached hereto, is hereby approved.
BE IT FURTHER RESOLVED, that the Acting 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 One to Lease Agreement dated August 10, 1982, attached
hereto as Exhibit A.
Passed and adopted this 10th day of June, 1991.
~_ J~/ __
Bi oe urnett, Acting Mayor
ATTEST:
Mattie Cunningham,
ADDENDUM NUMBER ONE TO LEASE AGREEMENT
DATED AUGUST 10, 1982, ASSIGNED TO
JOHN GANN,III ON March 19, 1987
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS that this Addendum to
Lease Agreement, made this 10th day of June, 1991, by and
between John Gann, I II, here inaf ter 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 LESSEE and LESSOR, that
the following paragraphs be amended to read as follows:
12. 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, 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
EXHIBIT A
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 At torney of the City of Par is, 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
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
John Gann, III
LESSEE
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority on this date
personally appeared John Gann, III, 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
of June, 1991.
day
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS ~
~
COUNTY OF LA~illR ~
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: