1989-037-RES WHEREAS, THE RED RIVER VALLEY FAIR ASSOCIATION REQUESTED CITY COUNCIL
.
.
RESOLUTION NO. 89-037
WHEREAS, the Red River Valley Fair Association, Inc.,
has requested the City Council of the City of Paris, to
subordinate its landlord's lien upon a 0.41 acre lot upon
which a poultry barn is to be constructed which lot is near
the intersection of 6th Street N.E. and Hickory Avenue, and
upon the existing exhibits building, being a 0.21 acre lot
located near the intersection of 6th Street N.E. and Center
Street, upon the fairground property heretofore leased to
Red River Valley Fair Association, Inc., as authorized in
Resolution No. 87-006, with its term extended as authorized
in Resolution No. 89-036, each of the City of Paris; and,
WHEREAS, the City of Paris wishes to continue to
encourage the Red River Valley Fair Association, Inc., to
improve the fairground property by construction of new
buildings and is therefore agreeable to subordinate its
landlord lien as requested, upon the terms and conditions
described in the form of the Subordination Agreement
attached hereto as Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, Eric S.
Clifford, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris, the landlord's
subordination Agreement in favor of the First National Bank
of Paris, Lamar National Bank and First Federal Savings and
Loan Association of Paris, Paris, Texas, upon the terms and
conditions and in the form attached hereto as Exhibit A.
Passed and adopted this
10th day of April,
~~~
1989.
-=:>
~'1ayor
ATTEST:
'~
'\. \.1
~unn~~ er
o FORM:
AGREEMENT TO SUBORDINATE LANDLORD'S LIEN
STATE OF TEXAS ~
COUNTY OF LAMAR ~
WHEREAS, on the 1st day of January, 1987, a Lease
Agreement was made and entered into by and between the CITY
OF PARIS, a municipal corporation, of Paris, Texas, as owner
and Lessor, and RED RIVER VALLEY FAIR ASSOCIATION, INC., a
corporation, as Lessee, covering the property and premises
in Lamar County, Texas, commonly known as the Fairgrounds
and being described in Exhibit A attached hereto and incor-
porated herein for all purposes; and,
WHEREAS, Red River Valley Fair Association, Inc., is
arranging for the construction and erection of a poultry
barn to be located on the fairground property, construction
and erection of the poultry barn will have to be financed
and the debt secured by a security agreement and financing
statement on and against the property described on Exhibit B
attached hereto, and in order to obtain such financing it is
required by the lenders that the City of Paris subordinate
its landlord's lien created by the execution of the afore-
mentioned lease agreement; and,
WHEREAS, the First National Bank is the managing
financial institution and the loan will be participated in
by Lamar National Bank and First Federal Savings and Loan
Association of Paris; and,
WHEREAS, the financial institutions providing the
financing for the construction and erection of the poultry
barn are requiring additional security in the form of the
exhibits building and the property upon which it is located,
described on Exhibit C attached hereto, and it is necessary
that the City of Paris's landlord's lien created by the same
above described lease, be subordinated to the security
instruments securing the financing for the construction and
erection of the poultry barn; and,
WHEREAS, the construction of the poultry barn will be
of substantial value and benefit to the City of Paris and
its residents; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS: That the City of
Paris, pursuant to a duly authorized resolution, being
Resolution No. 89-037, acting by and through its duly
authorized Mayor, Eric S. Clifford, and attested by the City
Clerk, Mattie Cunningham, has and does hereby subordinate in
favor of First National Bank of Paris, Lamar National Bank
and First Federal Savings and Loan Association of Paris, in
consideration of their lending Red River Valley Fair
Association, Inc., as much as but not more than SIXTY
THOUSAND AND NO/lOO ($60,000.00) DOLLARS, to finance the
construction of a poultry barn on the property described on
Exhibit B attached hereto, the landlord's lien it has and
will hold on the newly constructed poultry barn, and the
further agreeing that the existing exhibits building, all
furni ture, furnishings, fixtures and equipment .at any time
placed thereon or affixed thereto shall not be integrated
into the real estate but will remain personal prop,rty so
long as any portion of the loan for the construction of
these improvements remain unpaid.
Should Red River Valley Fair Association, Inc., default
in payment of the indebtedness contemplated to be created by
it in favor of the First National Bank of Paris, Lamar
National Bank and First Federal Savings and Loan Association
of Paris, for the purpose aforementioned, and if this lender
or anyone of them should institute foreclosure or
repossession proceedings, the lenders may dismantle the
existing improvements and the improvements contemplated by
this loan and/or remove it and its contents from the above
described tract of land without thereby incurring any kind
of obligation to the City of Paris (unless it should, having
received ten (10) days prior notice of the intended removal
dismantling, elect to and wi thin a reasonable time there-
after pay to the First National Bank of Paris, the full
amount then owing to it by Red River Valley Fair
Association, Inc., principal, interest, court costs, and
attorneys fees, if any). Notice of acceptance hereof by the
First National Bank of Paris is expressly waived.
Witness the execution hereof in triplicate, this 15th
day of May, 1989.
CITY OF PARIS
By:
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
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 Eric S. Clifford, Mayor of the City of
Paris, known to me to be the person whose name is subscribed
to the foregoing instr~ment, and ackn?wled~e? t~ .me :?a~_~=
STATE OF TEXAS
COUNTY OF LAMAR
s
~
s
KNOW ALL MEN BY THESE PRESENTS:
LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal
corporation, herein called LESSOR, and RED RIVER VALLEY FAIR
ASSOCIATION, INC., a Texas Corporation, herein called
LESSEE, executed in duplicate the !.')d~ day of January,
1987, witnesseth:
The leased premises consist of the following described
property of Lessor in Paris, Lamar County, Texas, namely:
BEGINNING at the intersection of the N.B.
line of Hickory Avenue with the W. B. Line of
Fitzhugh Avenue, also designated as 9th St., N.E.,
the same being the S.E. corner of a 12 acre tract
of land sold to the Lamar County Fair Association
by N. E. Clement Estate in 1936, described in deed
recorded in Vol. 245, Page 575, Lamar County Deed
Records:
THENCE North 1501.5 feet to the N.E. corner
of said 12 acre tract, same being the S. B. Line
of Clement Road, said Clement Road being 60 feet
in width;
THENCE West at 380 feet to the N.W. corner of
said 12 acre tract, same being the N.E. corner of
a tract of land purchased by the Lamar County Fair
Association in 1916, described in deed recorded in
Vol. 160, Page 322, Lamar County Deed Records,
continuing West in all 1710 feet to the N.W.
Corner of Block No. 31, Fairview Addition to the
City of Paris, same being the E. B. line of 3rd
St., N.E., same being the most Northerly N.W.
corner of a tract of land purchased from H. E.
Clement in 1921 out of the Fairview Addition and
described in deed recorded in Vol. 199, Page 311,
Lamar County Deed Records;
THENCE South 1356 feet to the E. B. Line of
3rd St., N.E., to the N.B. Line of Hickory Avenue;
THENCE East with the N.B. line of Hickory
Avenue approximately 804.0 feet to the S.W. Corner
of the Emmett Reece Ball Field property;
THENCE North 600 feet;
THENCE East 600 feet;
THENCE South 600 feet;
THENCE East 300 feet to the place of begin-
ning.
SAVE AND EXCEPT the following described tract of
land:
Situated within the corporate limits of the
City of Paris, Lamar County, Texas, and being a
,. -.. ~ ^,. , ~ ....... - ~ -'--'-
drainage ditch, 460 feet to said point of begin-
ning.
THENCE North 880 30' West 287 feet to a
point;
THENCE
THENCE
point, same
Street, N.E.;
THENCE in a Southerly direction with the East
Margin of 6th St., N.E., 16 feet to a point;
THENCE South 880 30' East 477 feet to a
point;
THENCE South 10 30' East, 200 feet to a
point;
THENCE South 880 30' East 297 feet to a point
in the center line of a drainage ditch;
THENCE North 20 00' West with the center line
of the drainage ditch 300 feet more or less to the
place of beginning, containing 2.19 acres of land
more or less.
South 10 30' West 84 feet to a point~
North 880 30' West 477 feet to a
being in the East Margin of 6th
The term of this lease is ten (10) years, beginning on
the 1st day of January, 1987, and ending the 31st day of
December 1996.
IN CONSIDERATION of the leasing and letting of said
premises and the use and occupancy thereof by Lessee, Lessee
agrees to effect and perform repairs to existing buildings,
structures and other improvements and to make additional
improvements on the leased premises to the extent of ten per
cent (10%) of its annual gross receipts, Lessee hereby
agreeing to expend for such purposes the sum herein set out
during each year of this agreement, the total amount to be
expended by Lessee for such purposes during the term of this
lease to be not less than ten per cent (10%) of its total
gross receipts for the ten year period coveTf'!d by this
agreement; provided however, that in the event Lessee
expends in excess of ten per cent of its gross receipts
during anyone year hereof for such purposes, such excess
may be credited on the total amount to be expended by Lessee
hereunder. The term "gross receipts" shall mean the total
receipts of Lessee from all sources by reason of the use of
(1) That Lessee will, at its sole cost and expense,
effect repairs to all existing buildings and structures on
the leased premises, as speedily as it can finance' same, so
that same will be safe and suitable for the purposes for
which they may be used by Lessee and will keep and maintain
same in good, safe and sanitary condition.
(2) That no repairs, improvements or changes in
location or otherwise, will be made to any buildings,
structures or other things located thereon nor will any new
structures be placed on any part of the leased premises
without the prior approval of Lessor.
(3) That Lessee, for the benefit of Lessor, will keep
all bUildings\and other insurable improvements on the leased
premises insured against loss by fire, lightning and all
risks included in the term "extended coverage" to the full
extent of their insurable value, 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,
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 any 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.
(4) That Lessee will pay for all lights, water, heat
and/or other utilities used on the leased premises.
(5) That
all
buildings,
structures,
additions,
...._ ___.:'1_ _____ __ _..:I.1.....:I.l-_ ...1.-.... '..............A
(6) That Lessee will deliver to Lessor annually a
verified copy of the audit of its books and accounts not
later than thirty (30) days after December 1st of each year
or part of a year covered by this lease.
(7) That Lessee will not sublet the rented premises or
any part thereof without the consent in writing of Lessor
first had and obtained, provided, however, that such consent
may be given by the City Manager in the event such sub-
letting shall not exceed one week.
(8) Lessee agrees 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 Lessee's use, Lessee's sub-lessee or any
tenant of Lessee, and Lessor shall not be liable to Lessee,
its employees, invicees, patrons, licensees or visitors due
to the buildings or other structures thereon being
improperly constructed or being or becoming out of repair,
Lessee hereby waiving any defects therein and agreeing to
hold and save Lessor harmless from all claims for any such
damages or injuries, and Lessee shall and must at 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 $100,000.00 per
person and $300,000.00 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
"I. ,.. ._1
must be written and issued by a reputable insurance company
or companies, subj ect to approval by the City Attorney of
the City of Paris, and Lessee or its insurance cartier or
carriers shall deliver a copy of any 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.
(9) That Lessor shall not make or be liable for any
repairs or improvements of any kind on the leased premises
during the term of this lease.
(10) That Lessee take good care of the rented premises
and all buildings and structures thereon and be responsible
to Lessor for any damage or injuries thereto caused by
Lessee or those under it.
(11) That Lessee conform to and observe all sanitary
rules, regulations and laws of the State of Texas and
ordinances of the City of Paris applicable to the leased
premises and not use or permit the same to be used for any
unlawful or illegal purpose.
(12) Should Lessee default in, or fail or refuse to
keep any of the covenants, conditions, stipulations and/or
i
provisions therein contained, notice thereof shall be given
to Lessee by Lessor, and in the event such default, failure
or refusal has not been corrected or performed within ninety
(90) days from the date of such notice, then this lease
contract may be terminated at Lessor's option, and it shall
be lawful for Lessor to re-enter the leased premises and
remove all persons, property and effects therefrom, all and
_, ~~__ L:_~_ -'______ t:_.... __ 1...... _"'................. "'.;: ,......f..:l .....O_LlIo""+-~...r
(14) In the event Lessee shall keep each and every
agreement contained herein and do and perform all the
obligations required of it hereunder during the term of this
lease, an option is hereby given and granted to Lessee to
renew and extend this lease for an additional period of ten
(10) years from and after the expiration of this agreement,
which option may be exercised by Lessee giving notice in
writing of its intention to renew said lease ninety (90)
days prior to the expiration of the primary term of the
lease.
(15) Lessor is given and granted the right to place
streets or utilities or drainage appurtenances in, on or
under any of the property herein leased to the RED RIVER
VALLEY FAIR ASSOCIATION, INC.
(16) That Lessor shall have the right and privilege of
using any portion of said property so leased for functions
sponsored by the City of Paris or any department thereof,
which function has been approved by the City Council of the
City of Paris, all of which functions shall be conducted on
a non-interfering basis with the annual Fair conducted by
the Red River Valley Fair Association, Inc.
(17) That Lessor shall have the right and privilege at
its option to terminate this lease as to any part of the
realty not improved with buildings, including reasonable
access to such buildings, for necessary municipal functions,
such as enlarging the fire training area, erection of
municipal facilities, construction of streets or for other
municipal functions.
In the event of any of the above contingencies, Lessor
lease agreement.
IN WITNESS WHEREOF the undersigned have executed this
ATTEST:
~~'.'~~~~
attie Cunn~ng am, ty C erk
""-
A~ FO~,
.. . ~~~
T. K. .y aa. ~i'y A"omay
ATTEST:
~,-~~ ,~~,
Steve over, Secret y
....
.....
CITY OF PARIS
By, ~A-44
Bi1, oe urnett, Mayor
LESSOR
RED RIVER VALLEY FAIR
ASSOCIATION, INC.
By:
ent
LESSEE
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared Billy Joe Burnett, 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 the
same was the act of the said City of Paris, a municipal
corporation, and that he executed the same as the act of
such municipal corporation for the purposes and consid-
eration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /~~
day of January, 1987.
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared Rita Jane Haynes, President of the Red
River Valley Fair Association, Inc., known to me to be the
person whose name is subscribed to the foregoing instrument,
and acknowledged to me that the same was the act of the said
Red River Valley Fair Association, Inc., and that she
executed the same as the act of such association for the
purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
of January, 1987.
)1/10 day
. I
/, u _
(..---- /'-";-'->"/1 .'
Notary, u ~c,
Printed Name:
My Commission Expires:
----
214/885-1641
Lynn Swanner, Inc.
ENGINEERING. SURVEYING
0.41 ACRE TRACT
REDDING RUSSELL SURVEY A-786
cITY OF PARIS, TEXAS
LAMAR COUNTY I TEXAS
FIELD NOTES
All that LEASEHOLD ESTATE in and to a certain lot, tract or parcel of land situated
in the Redding Russell Survey A-786 located in the City of Paris, Lamar County, Texas
being out of that certain 62.5 acre tract described in a deed to the City of Paris
dated July 17, 1945 recorded in Vol. 274 page 4J2 of the Deed Records of Lamar County,
Texas and being more particularly described as follows;
BEGINNING at a 3/8" iron stake in the EBL of 6th Street N.E.. said point being
N 00 30' W - 722,95' from the intersection of the EBL of 6th Street N,E. and the NBL
of Hickory Ave.;
THENCE N 00 JO' W along the EBL of 6th StreetN.E. - 180' to a 3/B" iron stake;
THENCE N 890 30' E - 100' to a 3/B" iron stake;
THENCE S 00 JO' E -lBO' to a J/B" iron stake;
THENCE S B90 30' W - 100' to a 3/8" iron stake in the EBL of 6th Street N.E. being
the POINT OF BEGINNING and containing 0.41 acre of land more or less.
I, LQnn Swanner, Registered Public Surveyor in the State of Texas certify the above
survey was performed on the ground and is true and correct to the best of my knowledge
and that there are no visible easements or encroachments other than those shown hereon.
Dated this the lOth day of April, 19B9
~4.~JJ~,~l'" -.-
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"'1/ (HlO- 10'11
Lynn Swanner, Inc.
ENGINEERING - SURVEYING
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30'
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FIELV NOTES
N88'4f"VII
. . S.uu.a.ted W,{tlUn the ColtpolUlte Um.i..
06 the CU:.y 06 Pcvr...i..6, CoWLty 06 LamM,
and State 06 T UM, a paA-t 06 the RedcU.1
~j Ru.o~e..U SuIlvey H786, and bUng a paA-t 0,
lo~ 2,3, and 5, and all 06 lot 4, bloc!
-.: 78, 06 the FtWtv.tWl AddJ.tion, ~iU.d AdcU..
tion be.tng duly Itecoltded .tn the Plat Re.
COItdJ, 06 lJiU.d County and State.
. Beg.i.nn1.ng at an .LIton ~n 601t COltne).
at the NoM:healJt. COItYleJr. 0 6 ~iU.d lot 4.
. Thence NoM:h 88 Veg. 45 M.i.n. WeAt
a.tong the South BoundMY Une 06 CenteJL
Ave. at 62 6t. pa..s~.<.ng the NoM:hweAt.
cOltneJL 0 6 ~iU.d .f..ot 4 and the NoM:hea..st
coltYleJr. 0 6 ~iU.d lot 5 and cont.bilLi.ng on a
tota.t cWotance 06 75 6t. to an .LIton p.<.n
601t cOltYleJL; . .
Thence South 0 Veg. 30 M.i.n. Ea..st at
145 6t. pMlJ.tngthe NoM:h BoundaAy Une
06 an Alley and at 157 6t. pMlJ.i.ng the
Sou:.th BoundaAy Une 06 ~tUd Alley and
cont.i.nu.i.ng On a total cWotance 06 170 6t
to tin .LIton p.(.n' 601t cOltneJL;
Thence South, 88 Veg. 45 M.i.n. EMt
at 13 6t. pMlJ.tng the Ea..st BoundMY ~e
06 lJiU.d lot 2 and the WeAt BoundaAy Une
06 ~tUd .f..ot 3 and conUnlLi.ng on a total.
cWotance 06 75 6t. to an' .LIton p.i.n 601t
- - _ ,_ -"- coltneJL; .
~ /1- - - -.~ ~ Thence NoM:h 0 Veg. 30 M.i.n. EMt
~ LLE'I ~ a.tong the WeAt BoundMY Une 06 6th N.E.
-.-f- -- -Sa.z"_ ~ at 13 6t. pM~.i.ng the NOJr..thea..s,t coltneJL
~ ;...~: I ~ 06 lJaJ..d lot 3 and at 25' 6t. pa..s~.tng the
.fBS''1.r"E: _
70S' Southea..st coltneJr.' 06 lJaJ..d lot 4 and con-
/ / ZS"' tinlLi.ng on a tota.e. cWotance 06 170 6t.
~.r' 'f,f. to the place 06 beg.<.nn1.ng and con.tLU..n..ing
293 aC/leA 06 land, w/U.ch .{.nc1.udeA 0.021 aC/leA .i.n Mu.d Alley.
I, J.M. Nelson, Registered Public Surveyor of Texas, No. 4025, certify
~hat the above depicted and described tract of land was taken from an actual
;.urvey made by me on the gro.und on the 10th day 06 Septe.mbeJL, 1982, anJIuu. the
UllptLOv e.men..tA ~hown theJLeon. Me cOlUlec.t.. ~ .""oJ' , /
. r (I /Yf. ~.
-J.M. Nelson, .R.P.S. No. 4025
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,TATE OF TEXASI
:OUNTY OF LAMARI
8EFORE ME, the undersigned authority, a Notary Public in and for said
:ounty and State, on this day personally appeared J.M.' Nelson, known to me'
:0 be the person whose name is suscrfbed to the foregoing instrument, and
Icknowledged to me that he executed the same for the purpose and considera-
;10n therein expressed.
. GIVEN UNDER MY HAND AND SEAL
OF OFFICE, this the 13th day.06 Septe.mbeJL, 1982.
W . /l. ?--i--1/.,.1;or--
Notary Public, Lamar County, Texas