1991-055-RES WHEREAS, the City Council of the City of Par is did heretofore in Resolution No. 1924 approve the
RESOLUTION NO. 91-055
WHEREAS, the City Counc il of the City of Par is did
heretofore in Resolution No. 1924 approve the execution of a
Lease Agreement from F. Andrew Fasken, Harley Wagnon and Lorna
Alto Corporation; thereafter a~signed on January 20, 1981, to
F. Andrew Fasken, Harley Wagnon, Lorna Alto Corporation and
Rick Brock; and,
WHEREAS, the terms of the lease agreement are in need of
revision and an Addendum Number One to Lease Agreement dated
August 2, 1979, 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 Lease Agreement dated August 2,
1979, 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 Lease Agreement dated August 2,
1979, attached hereto as Exhibit A.
Passed and adopted this 10th day of June, 1991.
ATTEST:
,
Mattie Cunningham,
ADDENDUM NUMBER ONE TO LEASE AGREEMENT DATED
AUGUST 2, 1979, ASSIGNED TO F. ANDREW FASKEN
HARLEY WAGNON, LOMA ALTO CORPORATION AND RICK BROCK
STATE OF TEXAS ~
Ii
COUNTY OF LAMAR Ii
KNOW ALL MEN BY THESE PRESENTS that this Addendum to
Lease Agreement, made this 10th day of June, 1991, by and
between F.
ANDREW FASKEN,
HARLEY WAGNON,
LOMA AL TO
CORPORATION and RICK BROCK, hereinafter called LESSEES, and
the City of Paris, Paris, Texas, acting by and through its
Acting Mayor, Billy 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:
13. That LESSEES agree to indemnify, 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, his invitees, agents, servants or
employees' use, and LESSOR shall not be 1 iable 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
agrees 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
negl igence of LESSEES, their inv i tees, agents, servan ts 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 policies shall be written so that 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
day of
, 1991.
CITY OF PARIS
By:
Billy Joe Burnett, Acting Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSOR
LESSEES
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
undersigned authority on this date
F. Andrew Fasken, of
, 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.
ME, the
appeared
BEFORE
personally
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of June, 1991.
day
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: