1988-030-RES WHEREAS, the City Council of the City of Paris, did in Resolution No. 88-024 on March 14, 1988, approve
RESOLUTION NO. 88~030
WHEREAS, the City Council of the City of Paris, did in
Resolution No. 88-024 on March 14, 1988, approve the adver-
tisement for bids for lease for the 265 acres of Lake
Gibbons property and authorizing Lease Agreement for the hay
lease, which bids were received until 10: 00 0' clock A.M.,
Wednesday, March 30, 1988; and,
WHEREAS, the best bid for such hay lease was made by
B. J. Fain, P. O. Box 194, Paris, Texas, and he should be
awarded the bid for such construction; and,
WHEREAS, the form of lease agreement for such hay lease
is attached hereto as Exhibit A, and such form should be
approved, and the Mayor should be authorized to sign the
same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Bid of B. J. Fain, for the hay lease in the
amount of $2,400.00, is hereby accepted and let conditioned
upon said lessor meeting all of the terms and specifications
included in the bid documents; and,
BE IT FURTHER RESOLVED, That the 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 the
Lease Agreement with B. J. Fain for lease for the 265 acres
of Lake Gibbons property, upon the terms and conditions and
in the form shown in Exhibit A attached hereto.
Passed and adopted this 11th day of April, 1988.
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B1. e Burnett, ayor
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ATTEST:
,\,\\~,'~ \:~~~
Mattie C;unning am, Cit C er
APPROVED AS FORM:
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T. K.Haynes, City Attorney
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
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~
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF PARIS, a municipal corporation, of the
County of Lamar and State of Texas, hereinafter called
Lessor, for and in consideration of the sum of TWO THOUSAND
FOUR HUNDRED AND NO/100 DOLLARS ($2,400.00) cash to it in
hand paid by B. J. FAIN, hereinafter called Lessee, the
receipt of which is hereby acknowledged, and in
consideration of a like payment of $2,400.00 each year, said
$2,400.00 to be due on or before June 1st of each year, has
bargained and sold, and does by these presents bargain and
sell unto the said B. J. FAIN, all the grasses and hay now
standing and growing and to be grown, and the right to cut
and bale the same, for a period of five (5) years, beginning
June 1, 1988, upon all that certain tract of land of the
City of Paris, situated in Lamar County, Texas, and known as
the Lake Gibbons property, consisting of approximately 635
acres of land, including the lake thereon situated, and
Lessor for the same consideration further leases for grazing
purposes that City owned property South of F.M. Road 2820,
being approximately 60 acres.
Said City does hereby further grant and sell unto the
said B. J. FAIN the right of ingress and egress to and from
said property at any time during the period of this lease
for the purposes of cutting, mowing, baling, removing,
inspecting, improving or fertilizing such lands and for the
purpose of grazing said lands.
Said City does hereby recognize Lessee's property
rights in and to such fences purchased from Morrison George.
Lessee agrees to hold Lessor harmless from any
liability claim resulting from Lessee or Lessee's agents or
employees actions of whatever nature.
It is understood, agreed and provided that the CITY OF
PARIS shall not be liable or responsible to the said B. J.
FAIN for damages or loss of any kind whatsoever concerning
the hay and grasses grown and to be grown on said premises,
but the said B. J. FAIN assumes all risks incident to and
connected with the same.
Lessee agrees to pursue good land management practices
with regard to the leased premises.
In the event that Lessee shall keep each and every
agreement contained herein and do and perform all the
obligations required of Lessee 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
five (5) years from and after the expiration of this
agreement, for and in consideration of the sum of
$12,000.00, payable in equal annual installments of
$2,400.00 each, the first of which will be due and payable
on or before June 1. 1993. with a like navment bein2 due and
Said option may be exercised by Lessee's giving notice in
writing of Lessee's intention to renew said lease on or
before the 1st day of January, 1993.
Executed on the dates shown in acknowledgements below.
CITY OF PARIS
By:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
LESSOR
T. K. Haynes, City Attorney
B. J. FAIN
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 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 ____ day
of April, 1988.
Notary Public, State of Texas
STATE OF TEXAS S
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on' this day
personally appeared B. J. FAIN, known to me to be the person
whose name is subscribed to the foregoing ins trument, and
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