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1985-075-RES WHEREAS, the City Council of the City of Paris did at its regular council meeting on February 11, 1985, RESOLUTION NO. 85-075 WHEREAS, the City Council of the City of Paris did at its regular council meeting on February 11, 1985, award the bid to Harrison, Walker & Harper, Inc., for refurbishing of the stone Peristyle located in Bywaters Park, Paris, Texas; and, WHEREAS, said proj ect was duly completed and applica- tion for grant assistance in the form of a Texas Historical Preservation Grant Assistance has been made to the Texas Historical Commission of the State of Texas; and, WHEREAS, one of the requirements for procurement of such assistance is that certain covenants, conditions and restrictions be placed upon the real property to run with said land for historical preservation, and such covenants, conditions and restrictions are contained in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That, the covenants, conditions and restrictions attached hereto as Exhibit A, be, and the same are hereby approved; and, BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, George Fisher, Jr., be, and he is hereby authorized and directed to execute on behalf of the City of Paris the restrictive covenants and conditions in the form of Exhibit A attached hereto. Passed and adopted this 9th day of September, 1985. ~ if~flJ e r~her, Jr. ,~ayor ATTEST: ~~,:" >~""'~fl'C\.~ Mattie Cunnlngham, Clt~ er APPROVED AS TO FORM: City Attorney DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF TEXAS s s COUNTY OF LAMAR ~ WHEREAS, the City of Paris, Paris, Texas, hereinafter called the Declarant, is the owner of all that certain real property located within the corporate limits of the City of Paris, County of Lamar, State of Texas, described as follows: City Block 179, known as Bywaters Park and more particularly described as follows: Situated in Lamar County, Texas, within the corporate limits of the City of Paris, and a part of the Larkin Rattan Headright Survey, and Beginning at a stake, same being the intersection of the E.B. line of South Main Street, and the N.B. line of Sherman Street; THENCE North with the E. B. line of South Main Street Four Hundred and Thirty-Two and One-Half (432\) feet, more or less, to the S.W. corner of a lot owned by the Gibraltar Life Insurance Company. THENCE South with the S.B. line of said Lot, Two Hundred and Sixteen (216) feet, more or less, to the W.B. line of South 21st Street. THENCE South l-lith the W.B. line of South 21st Street, and the continuation thereof, Four Hundred and Thirty-Two and One-Half (432%) feet, more or less, to the N.B. line of Sherman Street. THENCE East with the N.B. line of Sherman Street, Two Hundred and Sixteen (216) feet, more or less, to the place of beginning. WHEREAS, the Declarant as a condition of grant from the State of Texas, Declarant is required and does desire to place a protective covenant upon .the above described property; and WHEREAS, the Declarant desires that said covenant be enforceable by the citizens of Paris, the City of Paris, or the State of Texas; NOW, THEREFORE, it is hereby declared that all of the property described above shall be held, sold, and conveyed subj ect to the following restrictions, covenants and con- ditions, which are for the purpose of protecting the historical interest of the citizens of Paris, the City of Paris, and the State of Texas, the consideration for which is a Texas Historical Preservation Grant Assistance and the protection of said historical interest, and which shall run with. the real property and shall be binding on all parties ARTICLE ONE DEFINITIONS 1.01. Owner. Owner shall refer to the record owner, whether one or more persons or entities, of the fee simple title to the above described property, but excluding those having such interest merely as security for the performance of an obligation. 1.02. Property Property shall refer to that certain real property hereinbefore described. 1.03. End Date The End Date is established as January 1, 1995. 1.04. Declarant. Declarant shall refer to the City of Paris, Paris, Texas, its successors and assigns. ARTICLE TWO 11AINTENANCE 2.01. Maintenance. As a condition for receipt of Texas Historical Preservation Grant Assistance, the Declarant agrees, and therefore binds any and all successors in interest, to assume the cost of continued maintenance of the property in the state of repair and condition as at the time of completion of the grant assisted work, which was July I, 1985, until January I, 1995, which is the End Date for this restriction. ARTICLE THREE PUBLIC ACCESS 3.01. Public Access. Until the End Date the Declarant and anv and all successors in interest further agree to maintai~ the above described property open to the public no less than 365 days a year with the right being retained in Declarant to permit exclusive use of portions of the property for short periods of time in order to promote exhibitions, productions and entertainment for the public. ARTICLE FOUR REVIEW AND ENFORCEMENT 4.01. Review and Enforcement.. Until the End Date the Declarant and any and all successors in interest further agree to deliver to the Texas Historical Commission for review and approval the construction plans and specifica- tions for any proposed changes to the property along with 8 inch by 10 inch black and white photographs of the area to be affected. Such plans and specifications for proposed changes must be delivered to the Texas Historical Commission at least 60 days in advance of the proposed changes, and the proposed changes must conform to the Secretary of Interior's "Standards for Historical Preservation Proj ects, 1979," as administered by the State Historical _ Preservation_ Officer. enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations herein imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 5.02. Severability. Invalidation of anyone of these covenants or restrictions by judgment or order issued by a court or administrative agency competent jurisdiction shall in no way affect any other provision, and all other provisions shall remain in full force and effect. 5.03, Duration and Amendment. The covenants, conditions, and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, the Declarant, citizens of Paris, Texas, and the State of Texas, and their respective legal representatives, successors, and assigns, and, unless amended as provided herein, shall be effective until the End Date herein established as January 1, 1995. The covenants, conditions, and restrictions of this Declaration may be amended during the period hereof by an instrument signed by the Mayor of the City of Paris, authorized by Resolution of the City Council of the City of Paris, and the State of Texas, by a representative so authorized. No amendment shall be effective until recorded in the Deed Records of Lamar County, Texas, nor until the approval of any govern- mental regulatory body which is required shall have been obtained. Executed authorized for 1985. by the Mayor of the said Declarant, this City of Paris duly day of September, DECLARANT CITY OF PARIS, PARIS, TEXAS George Fisher, Jr" Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney