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1991-094-RES WHEREAS, the City Council of the City of Paris did in Resolution No. 91-078, dated July 15, 1991, RESOLUTION NO. 91-094 WHEREAS, the City Council of the City of Paris did in Resolution No. 91-078, dated July 15, 1991, authorize the advertising for bids for lease of approximately 360 acres of Lake Gibbons property consisting of approximately 175 acres of hay and Approximately 185 acres of pasture, which bids were received until 3:00 o'clock P.M., Wednesday, July 31, 1991; and, WHEREAS, the City Council of the City of Paris did on August 12, 1991, award the bid on a pasture lease, but rejected the bids for a hay lease on Lake Gibbons property consisting of approximately 175 acres of hay meadow, and authorized the advertising for bids for the lease of rights to the hay crop, which bids were received until 3:00 o'clock P.M., Tuesday, September 3, 1991; and, WHEREAS, the best bid for such hay lease was made by Richard Finley, 1123 14th St. S.E., Paris, Texas, and he should be awarded the bid for such lease; and, WHEREAS, the form of lease agreement for such hay lease, attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of Richard Finley, for the hay lease in the amount of $1,101.00 annually is hereby accepted and let conditioned upon the lessee meeting all of the terms and specifications included in the bid documents, and, BE IT FURTHER RESOLVED, that the form of Hay Lease Agreement attached hereto as Exhibit A, is hereby approved, and 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 hay lease agreement for approximately 175 acres of Lake Gibbons property with Richard Finley, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 9th day of September, 1991. L~ /~ . o~sher, Mayor ATTEST: ~~: ~ ~"'~M'~ ~\t{10 HAY 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 LESSOR, for and in consideration of the sum of One Thousand One Hundred and One Dollars ($1,101.00) cash to it in hand paid by Richard Finley, hereinafter called LESSEE, the receipt of which is hereby acknowledged, and in consideration of a like payment of $1,101.00 each year, said $1,101.00 to be due on or before October 1st of each year, has bargained and sold, and does by these presents bargain and sell unto the said LESSEE, all the grasses and hay now standing and growing and to be grown, and the right to cut and bale the same, for a period of five (5) years, beginning October 1, 1991, upon all that certain tract of land owned by the City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property, consisting of approximately 175 acres of land in hay meadows. Said LESSOR does hereby further grant and sell unto the said LESSEE the right of ingress and egress to and from said property at any time during the period of this lease for the purposes of cutt ing, mowing, baling, removing, inspecting, improving or fertilizing such lands. Said LESSOR does own all fence now existing on the Lake Gibbons property, and all additional fence built upon said property becomes the property of the LESSOR. Maintenance of fences shall be the responsibility of the LESSEE. during the term of this agreement, and any extensions there- of, 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, its members, 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 the CITY OF PARIS as 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 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 LESSOR is an additional insured. All such policies shall be written so that 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 LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas the hay and grasses grown and to be grown on said premises, but the said LESSEE assumes all risks incident to and connected with the same. LESSEE agrees to pursue good land management practices with regard to the leased premises. In the event that LESSEE shall keep each and every agreement contained herein and do and perform all the obliga- tions required of LESSEE hereunder during the term of this lease, an option is hereby given and granted to LESSEE 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 the sum of $1,101.00, payable in equal annual installments of $1,101.00 each, the first of which will be due and payable on or before October 1, 1996, with a like payment being due and payable on or before the 1st day of October of each year thereafter during the term of said five year option period. Said option may be exercised by Lessee's giving notice in writing of Lessee's intention to renew said lease on or before the 1st day of January, 1996. Executed on the dates shown in acknowledgements below. 'CITY OF PARIS By: George Fisher, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: LESSOR 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 9th day of September, 1991. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Richard Finley, 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 September, 1991. Notary Public, State of Texas