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: