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2005-146-RES LEASE AGREEMENT GREATER PARIS DEVELOPMENT FOUNDATION INC TRAIL DE PARIS RESOLUTION NO. 2005-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE GREATERP ARIS DEVELOPMENT FOUNDATION, INC., A NON-PROFIT CORPORATION OF THE STATE OF TEXAS, FOR THE PROPERTY KNOWN AS TRAIL DE PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Mayor of the City of Paris did heretofore, on the 14th day of February, 2004, execute a Letter of Support for the Trail de Paris Project in the City of Paris; and, WHEREAS, the 2003-2004 Leadership Lamar County class raised $825,000 in funds toward the Trail de Paris and has placed that value on the assets of said Trail de Paris; and, WHEREAS, the Greater Paris Development Foundation, Inc. is desirous ofleasing the Trail de Paris property to the City of Paris, described as the one hundred foot (100') right-of-way of the 2.30 miles of the abandoned railroad line from Southeast 12th Street, east to Loop 286, and the City of Paris is desirous of accepting the same from the Greater Paris Development Foundation, Inc.; and, WHEREAS, the form of Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved and accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form of the Lease Agreement between The Greater Paris Development Foundation, Inc. and the City of Paris, attached hereto as Exhibit A, for the property known as Trail de Paris described as the one hundred foot (100') right-of-way of the 2.30 miles of the abandoned railroad line from Southeast 12th Street, East to Loop 286, be, and the same is hereby, approved and accepted. Section 3. That the Mayor of the City of Paris be, and he is hereby authorized to execute on behalf of the City of Paris said Lease Agreement for Trail de Paris in the form attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 12th day of December, 2005. ATTEST: APPROVED AS TO FORM: '-i~.. A, r;r-e~ D. Lestock, Assistant City Attorney ~,^L~ I-~/~l() Curtis Fendley, Mayor LEASE AGREEMENT ST ATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT is made this 12th day of December, 2005, by and between THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., acting by and through its President, Edward D. Ellis, duly authorized, hereinafter referred to as "LESSOR," and the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Curtis Fendley, duly authorized, hereinafter referred to as "LESSEE." WITNESSETH For and in consideration of the payment to THE GREATER PARIS DEVELOPMENT FOUNDATION, INC. ofthe sum of One and no/l 00 Dollars ($1.00) and other good and valuable consideration, LESSOR does hereby lease, rent and let unto LESSEE the property described as the one hundred foot (1 DO') right-of-way ofthe 2.30 miles of the abandoned railroad line from Southeast 12th Street, east to Loop 286, all within the city limits of the City of Paris, Texas, more commonly known as "Trail de Paris", which THE GREATERP ARIS DEVELOPMENT FOUNDATION, INC. obtained from Missouri Pacific Railroad Company by Line Donation Contract dated April 26, 1999. The term of this Lease is for a period of ninety-nine (99) years, beginning December 12,2005 and ending December 11, 2104. In consideration whereof, it is mutually agreed by and between LESSOR AND LESSEE: LESSEE agrees to maintain the property for public recreational purposes as a walking and bicycle path or for other similar park purposes, solely by non-motorized means, save and except for -1- EXHIBIT .a. parking lots which may be constructed thereby; provided, however, these premises may also be used for other public purposes not inconsistent with park purposes, including, but not limited to, right -of- way for sewer lines, water lines, and associated appurtenances, for other similar utility purposes, and for right-of-way for franchise utility purposes; provided further, however, the use of these premises for the purposes stated herein shall not obligate LESSEE to expend any certain funds for the care and maintenance ofthe aforesaid premises, nor shall same act in any way as a limitation on LESSEE'S ability to regulate the day to day operation and use of said premises for the purposes stated herein, including, but not limited to LESSEE's ability to sublease or otherwise similarly convey portions of said premises from time to time in support of purposes herein stated throughout the term of this Lease Agreement. LESSEE also agrees to remove vegetation and brush, maintain the existing walking and bicycle track, and improve lighting for security during the term of this Lease. That LESSEE agrees to indemnify, save, keep, and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind and character whatsoever for damages or injuries to persons and/or property occurring on the leased premises to the extent allowed and permitted by law. That LESSEE will not sublet the rented premises, or any part thereof, without the consent, in writing, of LESSOR first had and obtained. No new structures, buildings, barriers or fences shall be made or erected on the premises by the LESSEE without the prior written consent and approval of the LESSOR. That LESSOR is a not for profit corporation and that LESSEE will defend LESSOR'S status as tax exempt for ad valorem real estate taxes on the leased premises. -2- 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 Agreement 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 of said re-entry being expressly waived. All notices provided for herein shall be made by certified mail, return receipt requested, addressed as follows: LESSEE City Clerk City of Paris P. O. Box 9037 Paris, Texas 75461-9037 LESSOR The Greater Paris Development Foundation, Inc. Paris, Texas 75460 This Lease Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this Lease Agreement are performable in Lamar County, Texas. WITNESS our hands this 12th day of December, 2005. THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., LESSOR By: Edward D. Ellis, President ATTEST: , Secretary CITY OF PARIS, PARIS, TEXAS, LESSEE -3- By: Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: ~ D. Lestock, Assistant City Attorney STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Edward D. Ellis, President of The Greater Paris Development Foundation, Inc., 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 December, 2005. Notary Public, State of Texas STATE OF TEXAS ~ ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Curtis Fendley, 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 he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. -4- GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of December, 2005. Notary Public, State of Texas -5-