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1991-056-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 85-084 approve the RESOLUTION NO. 91-056 WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 85-084 approve the execution of a Lease Agreement and thereafter in Resolution No. 89-013 did approve a Corrected Lease Agreement from Eric S. Clifford and Victor Abeles; and, WHEREAS, the terms of the lease agreement are in need of revision and an Addendum Number One to Corrected Lease Agreement dated December 27, 1988, 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 Corrected Lease Agreement dated December 27,1988, 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 Corrected Lease Agreement dated December 27, 1988, attached hereto as Exhibit A. Passed and adopted this 10th day of June, 1991. Bi ATTEST: Mattie Cunningham, City ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED NOVEMBER 14, 1988, AND CORRECTED LEASE AGREEMENT DATED DECEMBER 27, 1988, BETWEEN ERIC S. CLIFFORD AND VICTOR ABELES AND THE CITY OF PARIS, PARIS, TEXAS STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS tha t th is Addend um to Lease Agreement, made this 10th day of June, 1991, by and between Eric S. Clifford and Victor Abeles, hereinafter called LESSEES, and the City of Paris, Paris, Texas, acting by and through its Ac t ing Mayor, Bi lly Joe Burnett, duly authorized, hereinafter called LESSOR, WITNESSETH: It is hereby mutually agreed by LESSEES and LESSOR, that the following paragraph be amended to read as follows: 12. That LESSEES agree to indemn ify, 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 LESSEES, their invitees, agents, servants or employees' use, and LESSOR shall not be liable to LESSEES, their invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter EXHIBIT A constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEES hereby waiving any defects therein and agree to hold and save LESSOR harmless from all claims for any such damages or injur ies, and LESSEES mus tat 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 LESSEES, their 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 LESSEES or their 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 polic ies shall be wr it ten so tha t 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: LESSOR T. K. Haynes, City Attorney Eric S. Clifford Victor Abeles LESSEES STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority on this date personally appeared Eric S. Clifford and Victor Abeles, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of June, 1991. 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 consideration 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: