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07 - Dragon Park LeaseItem No. 7 Memorandum TO: Mayor Mayor Pro Tem City Council FROM: Robert G. Vine, Assistant City Manager SUBJECT: Dragon Park Lease DATE: October 9, 2023 BACKGROUND: The City has leased the property known as Dragon Park on S. Collegiate from the Paris Jr. College (PJC) for 25 years. This lease expired on November 30, 2022. STATUS OF ISSUE: City Staff and PJC representatives coordinated efforts to craft a new lease agreement between PJC and the City of Paris for the term of one year. The one-year term was per the request of the PJC Board. This new lease agreement will begin on October 1, 2023 and end on September 30, 2024. BUDGET: This lease will have no real change on the current budget as City Staff currently maintain this property. OPTIONS: 1. Do not approve the lease agreement. 2. Request the lease agreement be amended and be brought back to council for consideration. 3. Approve the lease agreement as presented. RECOMMENDATION: Staff recommends Council approves the lease agreement for Dragon Park as presented. LEASE AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THIS LEASE AGREEMENT is made this 9th day of October, 2023 by and between PARIS JUNIOR COLLEGE, acting by and through its President of the Board of Regents, Curtis Fendley, duly authorized, hereinafter referred to as "PJC," and the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Paula Portugal, duly authorized, hereinafter referred to as "CITY." WITNESSETH For and in consideration of the improvement of the leased property, a general description of which is attached hereto as Exhibit A, and the maintenance of the improvements on the leased premises, PJC does hereby lease, rent, and let unto CITY the property described on said Exhibit A, attached hereto and made a part hereof for all legal purposes. The purpose of the lease is to establish a sports complex known as "Dragon Park." The term of this lease is for a period of one (1) year, beginning October 1, 2023 and ending September 30, 2024. It is mutually agreed by and between PJC and CITY: 1. CONSIDERATION As consideration hereof, CITY agrees to maintain the property described in Exhibit A, attached hereto, for park and sports complex purposes throughout the term of this Lease Agreement. 2. HOLD HARMLESS That to the extent allowed by law, CITY agrees that neither party shall be liable to the other, its members, invitees, agents, servants, employees, licensees, or visitors due to the parking lot, when used as part of the park, or any other condition of the premises being improperly constructed, maintained, or being or becoming out of repair, CITY hereby waiving any defects thereon. As additional consideration supporting this lease agreement, CITY will add PJC as an additional insured on its insurance coverage relating to the park premises. 3. OPTION That CITY shall have the option to continue this lease on the terms and conditions on a year to year basis on or before August 1 of each year subject to PJC'S right to terminate the lease after the initial term upon 90 days' written notice to CITY. 4. TAXES That CITY shall hold the PJC harmless for all ad valorem taxes upon the leased property, S. SUBLETTING That CITY will not sublet the rented premises, or any part thereof, without the consent, in writing; of PJC first had and obtained. 8. USE BY PJC That PJC shall have the right and privilege of using any portion of said property so leased for functions sponsored by PJC, which use shall be conducted in a non -interfering basis with CM's use. 7. DEFAULT Should CITY 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 CITY by PJC, 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 Agreement may be terminated at PJC's option, and it shall be lawful for PJC to re-enter the leased premises and remove all persons, property, and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived. 8. NOTICE iE. ulREp All notices provided for herein will be made by personal service, WITNESS our hands this day of mmJ�� ��� t'�''1 r 02 . ATTES Berdie Gibson, Secretary By: PARIS JUNIOR COLLEGE Curtis Fendley, Pr6iclent Board of Regents CITY OF PARIS, PARIS, TEXAS Reginald B. Hughes, Mayor ATTEST: Janice Ellis, City Clerk Stephanie Harris, City Attorney STATE OF TEXAS § § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared CURTIS FENDLEY, President of the Board of Regents of Paris Junior College, 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 -Q day of STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared REGINALD HUGHES, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she 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 Notary Public, State of Texas EXHIBIT A