10 - Girl Scouts - Renewing of Lease Agreement for Lake GibbonsItem No. 10
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Robert G. Vine, Assistant City Manager
SUBJECT: RENEWING OF LEASE AGREEMENT FOR LAKE GIBBONS
PROPERTY WITH GIRL SCOUTS OF NORTHEAST TEXAS
DATE: February 28, 2022
BACKGROUND:
The City of Paris previously entered into a lease agreement with the Girl Scout Council of Red
River Valley, [now Girl Scouts of Northeast Texas], for property on Lake Gibbons for an initial
term of five (5) years beginning March 20, 2017 and ending March 19, 2022, with an option to
renew said lease for an additional five (5) years. The City of Paris leased this property for one
dollar ($1.00) per year with the lessee bound and obligated to properly maintain, care for, and keep
clean the various areas of the property and grounds. This property has been used by the Girl Scouts
for a camp in the summer and for various other activities throughout the year and they wish to
continue the lease and partnership with the City of Paris.
STATUS OF ISSUE:
The Girl Scouts of Northeast Texas organization has expressed notice to the City of Paris of their
intention to renew a five (5) year lease of city property on Lake Gibbons, which expires March 19,
2022. The Girl Scouts of Northeast Texas have fulfilled their obligations of the previous lease and
have proven to be a good partner, specifically in maintaining, caring for, and keeping clean the
picnic grounds and swimming area and approaches and maintaining a groundskeeper to look after,
protect, and care for the property and grounds during the term of the lease. If this lease is renewed,
it is the intent of the Girl Scouts of Northeast Texas to continue to use the property in the same
manner.
The only amendments to this lease are as follows:
- Girl Scout Council of Red River Valley is now Girl Scouts of Northeast Texas [the
appropriate paperwork documenting this fact is on file with the City of Paris.]
Section 8 — concerning policies of insurance, specifically the required dollar amounts, have
been changed to reflect a more appropriate amount, which Girl Scouts of Northeast Texas,
have proven to be in compliance with.
BUDGET:
If approved by City Council, this lease will bring a revenue of five dollars, ($5), and will save the
City of Paris both money and personnel hours by eliminating this property from a list of other
properties, that must be maintained by city staff.
RECOMMENDATION:
It is city staff's recommendation that the lease for the Lake Gibbons property with Girl Scouts of
Northeast Texas be renewed for a period of five (5) years with the terms and conditions outlined
in the lease agreement.
LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS AGREEMENT IS MADE AND ENTERED INTO this 20a' day of March, 2022,
by and between the CITY OF PARIS, TEXAS, a municipal corporation ("City"), acting by and
through its Mayor, duly authorized, hereinafter referred to as LESSOR, and the GIRL SCOUTS
OF NORTHEAST TEXAS ("Girl Scouts"), acting by and through its President, duly authorized,
hereinafter referred to as LESSEE, WITNESSETH:
That the said LESSOR does by these presents lease and demise unto the said LESSEE the
following described property, to—wit:
SITUATED within the corporate limits of the City of Paris, County
of Lamar, State of Texas, a part of the Hobbs #A447, N. Matheison #A640,
Wallace #A1035, and Harrell #443 Surveys, and being a part and portion of
Lake Gibbons and the property owned by the City of Paris and known as the Lake
Gibbons property, and being more particularly described as follows:
BEGINNING at the most eastern southeast comer of said Lake
Gibbons property;
THENCE westerly with the boundaries of said Lake Gibbons property to
the northwest comer of the Hathaway property;
THENCE N 35° W across said lake and lake property approximately
3,345 feet to a point on the north boundary line of said property, said point being
the west end of the most northerly boundary line;
THENCE southeasterly with the meanders of the present boundaries of
said property to the place of beginning,
To be occupied and used for the benefit of the Girl Scouts, and otherwise, upon the covenants
and conditions following:
1. This lease shall be for an initial term of five (5) years beginning March 20, 2022 and
ending March 19, 2027, with an option to renew said lease at the expiration of the initial term, for
an additional five (5) year term by producing written notice to LESSOR of LESSEE's intention
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to renew said lease thirty (30) days prior to the expiration of the initial term of said lease;
provided, however, the City shall have the right in each calendar year of the initial term or any
renewal thereof to cancel said lease by giving at least thirty (30) days advance written notice to
LESSEE of LESSOR's intent to terminate the lease, said termination to be effective thirty (30)
days later, but no sooner than April 1' of that calendar year.
2. In consideration of the payment of one dollar ($1.00) per year and other good and
valuable consideration by the Girl Scouts of Northeast Texas, the receipt of which is hereby
acknowledged, LESSOR hereby lets, leases and demises the property to the Girl Scouts of
Northeast Texas in and for the term and pursuant to the conditions set out herein.
3. LESSEE shall be bound and obligated to properly maintain, care for, and keep clean the
picnic grounds and swimming area and approaches thereto, and LESSEE shall make
arrangements for and maintain a groundskeeper or caretaker to look after, protect, and care for
the property and grounds of said leased premises during the term of said lease.
4. At all times during the term of said lease, LESSEE shall have the sole and exclusive use
of the premises above described and shall be charged with the supervision and control thereof.
5. LESSOR shall not be liable to LESSEE or its employees, patrons, invitees, or visitors, for
any personal or bodily injuries (including death) or damage to any property caused by the act of
negligence of anyone upon or using said leased premises, or any part thereof, or due to any
building, pier, or structure of any kind located thereon being improperly constructed, or being or
becoming out of repair, nor for any damages from any defects or want of repair of any part of the
building or structure of which the leased premises form a part, but LESSEE accepts such
premises as suitable for the purposes for which same are leased and accepts the building and
structures of which the leased premises form a part, and waives defects therein and agrees to hold
LESSOR harmless from all claims for any such damage.
6. LESSEE agrees to make at its sole cost and expense any and all repairs and
improvements deemed necessary upon and to the leased premises or any structure thereon at any
time during the period of this lease.
7. LESSEE hereby agrees to defend, indemnify, and hold LESSOR, its elected officials,
officers, and employees harmless from and against any and all 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, its invitees, agents, servants,
or employees' use, and LESSOR shall not be liable to LESSEE, its invitees, agents, servants,
employees, or visitors due to the improvements located thereon, or hereafter constructed, or any
other condition of the premises being improperly constructed, maintained, or being or becoming
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out of repair, LESSEE hereby accepting the leased premises and all improvements thereon AS
IS.
8. LESSEE 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
$1,000,000.00 per person and $1,000,000.00 for any single occurrence for bodily injury or death
and $1,000,000.00 for any single occurrence for destruction of property, indemnifying LESSOR
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 LESSEE, its
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, its elected officials, officers, and
employees included as additional insured, 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 and all such
policies to the City Clerk of the City of Paris, 150 1" Street S.E., Paris, Texas 75460, and furnish
to City so that 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written,
ATTEST:
Janice Ellis, City Clerk
CITY OF PARIS, PARIS, TEXAS LESSEE
By:
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Paula Portugal, Mayor
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
GIRL SCOUTS OF NORTHEAST TEXAS LESSOR
By:
Title: