1991-082-RES WHEREAS, the City Council of the City of Paris did in Resolution No. 91-078, dated July 15, 1991,
RESOLUTION NO. 91-082
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 235 acres of Lake Gibbons
property consisting of 175 acres of hay and 60 acres of
pasture, which bids were received until 3:00 o'clock P.M.,
Wednesday, July 31, 1991; and,
WHEREAS, the best bid for such pasture lease was made by
TERRY McFATRIDGE, Brookston, Texas, and he should be awarded
the bid for such lease; and,
WHEREAS, the form of lease agreement for such pasture
lease, attached hereto as Exhibit A, should be approved, and
the Mayor should be author ized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the bid of TERRY McFATRIDGE, for the pasture lease in
the amount of $1,351.00 is hereby accepted and let
cond i t ioned upon the lessee meet ing all of the terms and
specifications included in the bid documents, and,
BE IT FURTHER RESOLVED, that the form of Pasture 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 pasture lease agreement with TERRY
HcFATRIDGE, upon the terms and conditions and in the form
attached hereto as Exhibit A.
Passed and adopted this 12th day of August, 1991.
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ATTEST:
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Mattie Cunning am, Ci y C er
APPROVED
, City Attorney
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STATE OF TEXAS
COUNTY OF LAMAR
PASTURE LEASE AGREEMENT
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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
Three Hundred Fifty-One Dollars ($1,351.00) cash to it in
hand paid by Terry McFatridge, hereinafter called LESSEE, the
receipt of which is hereby acknowledged, and in consideration
of a like payment of $1,351.00 each year, said $1,351.00 to
be due on or before September 1st of each year, has bargained
and sold, and does by these presents bargain and sell unto
the sa id LESSEE, for a period of five (5) year s, beginning
september I, 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 60 acres South of F .M. Road 2820 for grazing
purposes.
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
purpose of grazing said lands, and for the purpose of
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.
LESSEE agrees to hold LESSOR harmless from any liability
. ~rr"'''' 0'- I.ESSEE' S agents or employees
iRjury 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
75461-9037.
LESSEE agrees to pursue good land management practices
with regard to the leased premises.
In the event that LESSEE shall keep each and every
for and in consideration of the sum of $1,351.00, payable in
equal annual installments of $1,351.00 each, the first of
which will be due and payable on or before September 1, 1996,
with a like payment being due and payable on or before the
1st day of September 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 Fisber, Hayor
ATTEST:
Mattie Cunningham, City Clerk
LESSOR
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
TERRY McFATRIDGE, LESSEE
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on tbis 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
, .. ~_~ .....t..._ _..__~___ __...:I _.,,__.:...:I........^~.:........... t-I-.""~",,,';.....
STATE OF TEXAS ~
COUNTY OF LAHAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared TERRY McFATRIDGE, 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 August, 1991.
Notary Public, State of Texas