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1986-087-RES WHEREAS, the City Council of the City of Paris, wishes to continue to encourage the good work being RESOLUTION NO. 86-087 WHEREAS, the City Council of the City of Paris, wishes to continue to encourage the good work being done by Lamar County Human Resources Council, Inc.; and, WHEREAS, the Lamar County Human Resources Council, Inc. has since 1979 leased the building at 260 East Booth Street to be used as a Senior Citizen Center and is now desirous to use said building for the distribution of commodities; and, WHEREAS, it will be in the best interest of the citi- zens of Paris that the lease, in the form of Exhibit A attached hereto, for a term of two years beginning October 1, 1986 and ending September 30, 1988, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 a lease agreement in the form of Exhibit A attached hereto with Lamar County Human Resources Council, Inc. Passed and adopted this 8th day of September, 1986. ~!2Lf - Bi Y e tlurnett, Mayor ATTEST: /'J4'~--f~"", / JJ,~ 'l~ Barbara Denny, Assistltnt City Clerk ~' - ~ '---T. K. a,",'. c'y A"orn'y LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ LEASE AGREEMENT between the CITY OF PARIS, a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as Lessor, and LAMAR COUNTY HUMAN RESOURCES COUNCIL, INC., Paris, Texas, acting by and through its President duly authorized, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal corporation, the sum of One and No/100 Dollar ($1. 00) and other good and valuable consid- eration, the CITY OF PARIS does hereby lease, rent and let unto the LAMAR COUNTY HUMAN RESOURCES COUNCIL, INC" the property described on Exhibit "A" attached hereto and made a part hereof for all legal purposes, The term of this Lease is for two (2) years, beginning on the 1st day of October, 1986 and ending on the 30th day of September, 1988. IN CONSIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessee: 1. That Lessee will use and maintain the described premises for distribution of commodities. 2, That Lessee will be responsible for the maintenance, repair and upkeep of the said premises, ordi- nary wear and tear excepted. 3. Lessee agrees to indemnify, save, keep and resulting from Lessee's, its members, invitees, agents, servants or employees' use, and Lessor shall not be liable to Lessee, its members, invitees, agents, servants, employ- ees, licensees or visitors due to the building or any other condition' of the premises being improperly constructed, maintained 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 must at all times during the term of this Agreement, and any extensions thereof, keep and main- tain 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, indenmifying 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 Lessee, its members, invitees, agents, servants or employ- ees, 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 insur- ance 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 pol- icies 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 insur- ance is in full force and effect at all times during this that such consent may be given by the City Manager in the event such subletting shall not exceed one week. 5. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written approval of Lessor. 6. That Lessor shall have the right and privi- lege 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, which use shall be conducted on a non-interfering basis with the Lamar County Human Resources Council, Inc. 's program. 7. That Lessor shall have the right and privi- lege at its option to terminate this Lease for necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of ninety (90) days written notice by Lessor, Lessee will vacate such portion to be so utilized. 8. Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein 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 sixty (60) 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 every claim for damages for or by reason WITNESS our hands this day of September, 1986. CITY OF PARIS By: Billy Joe Burnett, Mayor ATTEST: LESSOR Mattie Cunningham, City Clerk APPROVED AS TO FORM: T, K. Haynes, City Attorney LAMAR COUNTY HUMAN RESOURCES COUNCIL, INC, By: , President ATTEST: , Secretary LESSEE STATE OF TEXAS ~ COUNTY OF LA}~R ~ 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 of September, 1986. day STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared President of the Lamar County Human Resources Council, Inc, known to me to be the person whose name is subscribed to the foregoing instru- ment, 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 of September, 1986. day Notary Public, State of Texas Printed Name: My commission expires: A part of the Larkin Rattan Survey within the Corporate Limits of the City of Paris, and of the tract of land conveyed by Thomas Broad to H. F. Graham by deed recorded in Book 54, Page 198, Lamar County Deed Records, described by metes and bounds as follows in accordance with a survey made by W, R. Abbott, Regis tered Public Surveyor, on September 18, 1968. BEGINNING at a stake at the intersection of the SBL of Booth Street and the WBL of 3rd Street, N.E., formerly known as 23rd Street and originally as Jefferson Street; THENCE South with the WBL of 3rd Street N, E, 34 feet, a stake at the NEC of a tract of land conveyed by H. F. Graham to J. R. Shelton by deed recorded in Book 143, Page 146, Lamar County Deed Records; THENCE West 97 feet, a stake at the NWC of said Graham- Shelton tract of land; THENCE North 37 feet, a stake in the SBL of Booth Street; THENCE East with place of beginning; mentioned instruments poses. Being the same property conveyed to the by Lamar County Human Resources Council, Inc., 1979, recorded in Book 613, Page 766, Deed County, Texas. EXHIBIT A the SBL of said street reference being made and records for all 97 feet to the to the above necessary pur- City of Paris dated May 14, Records Lamar