1991-078-RES WHEREAS, the City Council of the City of Paris did in Resolution No. 88-030, dated April 11, 1988,
RESOLUTION NO.
91-078
WHEREAS, the City Council of the City of Paris did in
Resolution No. 88-030, dated April 11, 1988, authorize the
awarding of the bid for a hay crop lease on Lake Gibbons
property to B. J. Fain; and,
WHEREAS, Mr. Fain is not desirous of continuing the
lease on said property and has requested cancellation of his
lease and has offered to give ownership of the barbed wire
fences on the hay lease property as compensation for the
balance owed on the lease through 1993; and,
WHEREAS, it is agreeable that said Lease be cancelled
which can be accomplished by execution of the Release of
Lease, form attached hereto as Exhibit "A"; and,
WHEREAS, the sale of existing meadow grass as hay, if
a market is available, should be authorized; and,
WHEREAS, it would be right and proper to advertise for
bids for lease of 235 acres of Lake Gibbons property
consisting of 175 acres of hay lease and 60 acres of pasture
and in the alternative accept separate bids for 175 acres of
hay lease and 60 acres of pasture; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the lease with B. J. Fain on Lake Gibbons property be,
and the same is hereby cancelled.
BE IT FURTHER RESOLVED, that the Release of Lease,
releasing B. J. Fain from further obligation under hay crop
lease authorized by Resolution No. 88-030 is hereby approved.
BE IT FURTHER RESOLVED, that the said Release of Lease
is hereby approved, and the Mayor of the City of Paris,
George Fisher, be, and he is hereby author ized and directed
to execute on behalf of the City of Paris the Release of
Lease in the form of Exhibit A, attached hereto.
BE IT FURTHER RESOLVED, that the sale of existing meadow
grass as hay, if a market is available, is hereby authorized.
BE IT FURTHER RESOLVED, that the City Clerk, Mattie
Cunningham, be, and she is hereby authorized to advertise for
bids for lease for 265 acres of Lake Gibbons property, to be
received after due notice and thereafter returned to City
Council for letting at 3:00 P.M. on Wednesday, July 31, 1991,
and should be presented to the City Council on the next
regular or special council meeting, for the purpose of
letting such bid.
Passed and adopted this the 15th day of July, 1991.
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RELEASE OF LEASE
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
WHEREAS, on the 1st day of June, 1988, a certain lease
was entered into by and between the CITY OF PARIS, a
municipal corporation, of the County of Lamar and State of
Texas, hereinafter called LESSOR, and B. J. FAIN, hereinafter
called LESSEE, covering all the grasses and hay now standing
and growing and to be grown and the right to cut and bale the
same upon all tha t cer ta in trac t of land of the City of
Paris, situated in Lamar County, Texas, and known as the Lake
Gi bbons proper ty cons i sting of approx ima tely 635 acres of
land, said lease being for a term of five years beginning on
the first day of June, 1988, and whereas it is the desire of
the parties thereto to cancel and release said lease;
NOW THEREFORE,
in
consideration
of
the
LESSOR'S
discharging the LESSEE (as LESSOR hereby does) from all the
covenants and obligations contained therein, the said LESSEE
does hereby release and surrender all of his right, title and
interest in and to the above described lease and premises,
and the ownership of the barbed wire fences on the hay lease
property, effective the 15th day of July, 1991, and the said
J. B. FAIN, LESSOR, does hereby accept said release and
surrender and hereby consents and agrees to the cancellation
of said lease.
IN WITNESS WHEREOF the said parties have hereunto set
their hands this the 15th day of July, 1991.
CITY OF PARIS, PARIS, TEXAS
LESSEE
J. B. FAIN
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
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 15th day of
July, 1991.
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared J. B. FAIN, known to me to be the
person(s) whose name(s) is/are subscribed to the foregoing
instrument, and acknowledged to me that he/she/they 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
July, 1991.
day of
Notary Public, State of Texas