29 Move to approve a resolutionCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date: Originating Department: Presented By: Agenda Item No.:
2-29-2008 29
Council Date: Finance Gene Anderson
3-10-2008
RECOMMENDED MOTION:
Move to approve a resolution declaring the 12'x24' frame building as salvage property and accepting
the bid from Kenneth Marshall to acquire the salvage property and to enter into a monthly lease of the
real property located at 1227 N. Main Street in Paris, Texas.
POLICY ISSUE(S~:
Council approval of lease document.
BACKGROUND:
This properry is part of Lots 6& 7 City Block 251A being numbered 1227 N. Main Street. The City
acquired this property originally for ROW purposes. TxDot had plans to make N. Main and 1St Street NE
one way streets beginning approximately at 12t" Street NE to downtown Paris. This project was delayed, but
the City retains ownership of this property for that future purpose. The City has rented this property in the
past for use as a used car lot, but it has not been rented for a number of years.
This property was put up for bid by invitarion to lease city property advertised in the Paris News on
February 10, 2008 and February 17, 2008. The only bid received for this property was from Mr. Kenneth
Marshall. Mr. Marshall proposes to purchase the 12 ft. X 24 ft. frame storage type building for $100 and to
rent the property for $50 per month on a month to month basis.
There are two structures on the property. One is a dilapidated builcling full of used tires. As part of his bid,
the bidder offers to tear down this structure and dispose of the material including the used tires in a legally
acceptable manner. The second structure is a frame storage rype building that is also dilapidated due to the
entire floor being rotted out and various other code violarions, The bidder proposes to purchase this
building for $100. He intends to replace the flooring and make use of it on this site.
The bidder will be providing appropriate insurance for the City's protection. He also agrees to maintain the
lot i.e. mowing the grass when needed.
BOARD~COMMISSION RECOMMENDATION:
N/A
EXHIBITS:
Copy of bid and copy of lease agreement.
ACTION: BUDGET INFO:
❑ Financial Report ❑ Minute Order Expense $N/A
❑ Department Report ~ Resolution Budgeted Amt. $N/A
❑ Presentation ❑ Ordinance YTD Actual $N/A
❑ Public Hearing ❑ Other Acct. Name N/A
Acct. Number N/A
FisC~. NoTES:
City of Paris Revised 2/04/08
REVIEWED AND APPROVED BY:
~ZJ Administration 0 City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire
❑ Municipal Court 2-1(egal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
DRAFT
Attorney/resworWcurrent/N Main Lease Res 2008
February 14, 2008
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, AWARDING A LEASE ON PROPERTY LOCATED ON PART
OF LOTS 6 AND 7, CITY BLOCK 251A, BEING NUMBER 1227 N. MAIN
STREET, PARIS, TEXAS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE ON SAID PROPERTY; DECLARING THE 12'X24'
ALUMINUM SIDED STRUCTURE ON THE PROPERTY AS SALVAGE
PROPERTY AND AUTHORIZING THE SALE OF THIS STRUCTURE
TO KENNETH MARSHALL PURSUANT TO HIS BID PROPOSAL;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City issued an Invitation to Bid to lease the property and improvements
located on part of Lots 6 and 7, City Block 251A, being number 1227 North Main Street, Paris,
Texas; and,
WHEREAS, the Invitation to Bid on said Lease was published in the Paris News on
February 10, 2008 and February 17, 2008; and,
WHEREAS, the City received only one bid to lease the Property and the proposal from
Kenneth Marshall is found to be fair and reasonable and should be accepted; and,
WHEREAS, pursuant to said proposal, Mr. Marshall has offered $100 to purchase the
dilapidated 12'x24' aluminum sided structure on the Property and $50 per month to lease the
Property from the City; and,
WHEREAS, City staff has inspected the 12'x24' aluminum sided structure located on
the Property and determined that it has a rotted floor among other code violations and has only
salvage value and should be declared salvage property; and,
WHEREAS, there is no known or anticipated municipal use for the 12'x24' structure,
and it would be appropriate to declare the same as salvage property and to sell it to Mr. Marshall
in connection with his bid proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF 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 proposal submitted by Kenneth Marshall in response to the City's
Invitation to Bid for a lease on property located on part of Lots 6 and 7, City Block 251A,
located at 1227 N. Main Street, attached hereto and incorporated herein as Exhibit A be accepted
as the most responsible bid providing the best value for the City of Paris.
Section 3. That the 12'x24' aluminum sided structure located on the Property at 1227 N.
Main Street, Paris, Texas be, and it is hereby declared salvage property, and is hereby sold to
Kenneth Marshall for $100 in accordance with his bid proposal.
Section 4. That the form of the Lease Agreement between the City of Paris and Kenneth
Marshall for the Property at 1227 N. Main St., attached hereto as Exhibit B, be, and the same is
hereby,approved.
Section 5. That the City Manager be, and he is hereby, authorized and directed to
execute on behalf of the City of Paris, a Lease Agreement with Kenneth Marshall, under the
terms and conditions and in the form shown in Exhibit B, attached hereto, and any other
documents necessary to award this bid to Mr. Marshall.
Section 6. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this l Oth day of March, 2008.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City Attorney
BID FORM
TO: HONORABLE MAYOR & MEMBERS OF•THE CITY COUNCIL
FROM: /2~-70Ne7-~f
(Name of person or company bidding) /~3 1--M OAtj -7g..;20 S'v M 7)( (Address)
23 _ 7g,-5-_
number)
UWe, hereby submit the following bid for the monthly lease of property located on part
of Lots 6& 7, City Block 251 A, being number 1227 N. Main Street, Paris, Texas.
$ --5'0 ~ per month
Other considerations the bidder wishes to offer:
v
0
2.
3.
4.
5.
6.
EXHIBIT A
PROPOSAL
The building, measuring 12 feet by 24 feet, located at above address,
is in bad need of repair.
Needed repairs consists of ceiling repair, remove and replace floor
joists and floor,bathroom walls, bathroom floor, bathroom fixtures
and plumbing.
z have inspected the building described above and for this reason I
submit the following proposal for consideration.
If the City of Paris will agree to revise LEASE AGREEMENT so as to
delete SECTION 4(INSURANCE) in it's entiret~ and amend SECTION 8
so as building and or repairs to building wi 1 not become
Property of LESSOR upon expiration or termination of LEASE AGREEMENT
z agree to the following:
1. So as to HOLD HARMLESS the city of Paris of liabilities of owning
this building I agree to purchase building and building only,
for a purchase pr-ice of $100.00 (one-Hundred-Dollars and no/cents),
in AS/IS--WHERE/IS CONDITION WITH NO WARRANTY EXPRESSED OR IMPLIED.
2. I ag ree to lease the remaining lot, on a monthly basis, at the
rate of $50.00 (Fifty-Dollars) per month.
3. z agree to remove building and contents from lot within 60 days of
receiving written request from city of Paris.
4. z a ree to tear down and haul off delapidated storage building and
pile o~ used tires now on lot and in drainage ditch beside building.
5. z agree to maintain lot and weeds and grass on lot in as good or
better condition as when delivered at start of lease.
Kenne Marshall
Dated
,Oc-
Page 1
LEASE AGREEMENT
THIS LEASE AGREEMENT is made this l Oth day of March, 2008, by and between the
CITY OF PARIS, TEXAS, a home rule municipal corporation (hereinafter "LESSOR"), and
Kenneth Marshall, 153 FM Road 2820, Sumner, Lamar County, Texas 75486 (hereinafter referred
to as "LESSEE").
WITNESSETH:
For and in consideration of the payment of the sum of fifty dollars ($50.00) per month, and
other good and valuable consideration, payable by LESSEE to .LESSOR as follows: $50.00 on or
before March 15, 2008, with a like payment on or before the 15th day of each month thereafter
during the remainder of the term of this Lease, LESSOR daes hereby lease, rent, and let unto
Kenneth Marshall that certain property located on part of Lots 6 and 7, City Block 251A, being
number 1227 N. Main Street, Paris, Texas, more fully described on Exhibit A, attached hereto and
made a part hereof (hereinafter "Leased Premises").
1. TERM
The term of this lease shall be one (1) month, beginning on the 15th day of March, 2008, and
ending on the 14th day of April, 2008, at which time and on which date the lease will automatically
renew for another thirty (30) day period unless on or before the Lease expiration date, LESSOR OR
LESSEE gives notice to the other that they wish to terminate the Lease Agreement in accordance
with Paragraph 10 herein.
2. RENT/UTILITIES
LESSEE shall pay to LESSOR, at 135 ls` Street SE, Paris, Texas the agreed upon rental in
advance, promptly and without neglect, default, and delay. LESSEE shall also be solely responsible
EXHIBIT a
for obtaining, maintaining and paying for all utility service to the Leased Premises including, but not
limited to: electriciry, gas, telephone, water and sewer, and sanitation services.
3. HOLD HARMLESS
LESSEE agrees to indemnify, save, keep, and hold LESSOR harmless from and against any
and all demands, 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's, his invitees', agents', servants', or employees' use of the Leased Premises;
and LESSOR shall not be liable to LESSEE, his invitees, agents, servants, employees, or visitors for
premises defects or the condition of the improvements located thereon, or hereafter constructed, or
any other condition of the premises being improperly constructed, maintained, or being or becoming
out of repair. LESSEE hereby expressly waives any defects or hazards thereon and agrees to
indemnify, save, keep and hold LESSOR harmless from all claims for any such damages or injuries.
4. INSURANCE
LESSEE must, at all times during the term of this Lease Agreement, and during any
extensions thereof, keep and maintain in full force and effect a policy or policies of insurance,
providing at least $300,000.00 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,
indemnifying all persons for any and all damages, personal injuries, or property damages sustained in
or upon the Leased Premises, or any part thereof, as the result of the negligence of LESSEE, his
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 be written and issued by a reputable
insurance company or companies licensed by the State of Texas to sell commercial general liability
insurance, with LESSOR named as an additional insured, a copy of said insurance policies or a
properly executed certificate of insurance must be submitted to LESSOR upon execution of this
Lease Agreement. Renewals of the certificate of insurance shall also be timely filed with the City
Clerk for the City of Paris, P. O. Box 9037, Paris, TX 75461-9037, prior to the expiration of current
certificate of insurance or insurance policy. All such policies shall be written so that the 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.
5. PROPERTY "AS IS/WHERE IS"
LESSEE has inspected the Property and Leased Premises prior to entering into this Lease
Agreement and accepts the Leased Premises in "as is" condition. LESSOR makes no warranty
express or implied as to the condition of the Leased Premises or to appropriateness of the Leased
Premises for any particular purpose.
6. LOSS OR DAMAGE
LESSOR shall not be liable for any loss or damage to personal property of LESSEE or
LESSEE's agents, employees, invitees or guests by theft or otherwise on Leased Premises.
7. WASTE. NUISANCE AND UNLAWFUL USE PROHIBITED
LESSEE shall not commit, or suffer to be committed, any waste on the Leased Premises, nor
shall LESSEE maintain, commit or permit the maintenance or commission of any nuisance on the
Leased Premises or use the Lease Premises for any unlawful purpose.
LESSEE shall not do or permit anything to be done in or about the Leased Premises which
shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy and use
of the Leased Premises which is or may hereafter be enacted or promulgated by any public authority;
or suffer to be committed any waste on the Leased Premises; or allow the premises to be used for any
improper, immoral, or unlawful purpose.
8. PROPERTY CONDITION
LESSEE shall take good care of the Leased Premises and be responsible and make good to
LESSOR on all injuries andlor damages to the same caused by LESSEE, his agents, employees,
guests or invitees and will deliver same to LESSOR at the expiration or termination of this lease in
as good condition as when delivered at the beginning of this Lease Agreement, usual wear and tear
alone excepted; and LESSEE will, upon the expiration or termination of this lease, peaceably yield
up to LESSOR all and singular the Leased Premises, including improvements or fixtures thereon, but
specifically excluding the 12'x24' aluminum sided structure situated thereon which LESSOR has
sold to LESSEE by separate instrument.
LESSEE shall not install, construct or erect any additions, improvements or alterations to the
Leased Premises without first securing the written permission for such installation from the City
Manager of the City of Paris. Provided, however, the 12'x24' aluminum sided structure currently
situated on the Leased Premises and which LESSOR has sold to LESSEE under separate instrument
may remain on the property during the term of this Lease. Any other structures that LESSEE may
construct, remodel or move on to the Leased Premises for LESSEE's use and any such other
additions, improvements or alterations made to the Leased Premises by LESSEE, with permission
from LESSOR, shall become the Property of LESSOR upon the expiration or termination of this
Lease Agreement.
9. INSPECTION
LESSOR shall have the right to enter upon and into the Leased Premises and every part
thereof at all times for the purpose of inspecting and examining the condition thereof.
4
10. ASSIGNMENT OF LEASE
LESSEE shall not sublease, assign or otherwise transfer any right, title or interest to any
portion of the Leased Premises during the term of this Lease Agreement, or any renewal thereof,
without first obtaining the prior written consent of LESSOR.
11. DEFAULT
5hould LESSEE default in or fail or refuse to keep any of the covenants, conditions,
stipulations, or provisions herein contained, then the LESSOR shall, in addition to any and all rights
afforded LESSOR under this lease or state law for such default, including, but not limited to, the
right to seek monetary damages for injury to the property, specific performance, or other remedies,
LESSOR shall have the right to terminate said lease by giving the LESSEE ten (10) days notice in
writing of its intention to terminate said lease. Following termination of the Lease for default,
LESSOR shall have the immediate right of possession of the Leased Premises. Any temporary
structures, equipment or personal property belonging to LESSEE which remains on the Leased
Premises thirty (30) days following termination of the Lease shall be deemed abandoned by LESSEE
and shall become the property of LESSOR and may be sold or disposed of by LESSOR as LESSOR
sees fit.
12. TERMINATION
Either party may, at its option, terminate this lease by giving the other party thirty (30) days
notice, in writing, of its intention to terminate. Upon termination of this Lease, LESSEE shall be
allowed a reasonable period of time to vacate the Property and to remove any temporary structures or
personal property owned by LESSEE from the Leased Premises. Any personal property remaining
on the property following the expiration of thirty (30) days following termination of the Lease will be
presumed abandoned and may be disposed of by LESSOR.
13. NOTICE
Any notice required by this Lease Agreement shall be in writing and may be delivered in
person or by certified mail, return receipt requested, addressed accordingly:
LESSOR
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
LESSEE
Kenneth Marshall
153 FM Road 2820
Sumner, TX 75486
The terms of this lease are binding on and the benefits herein inure to the heirs,
administrators, and executors of LESSEE and the successors and assigns of LESSOR.
EXECUTED ON the dates shown in acknowledgments below.
By:
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City Attorney
LESSOR:
CITY OF PARIS, TEXAS
Kevin Carruth, City Manager
LESSEE:
Kenneth Marshall
6
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared KEVIN
CARRUTH, City Manager 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 the l Oth day of March, 2008.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared KENNETH
MARSHALL, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of March,
2008.
Notary Public, State of Texas
.
%
EXI-IIIIIT "11"
SITUATGD wii:hin L-lzc corporatc .limiLs of i;hc City of Paris,
, County of Lamar and Sl.ate of Texas, a parl-. of thc Larkin Rati:an
~ Survey and the IZeddin I\UJJCll Survey I1786, and being a pari: of
. a 5.670 acre LzacL- of land dcscribed in dcecl l:o Itay SPcnccr,
rccorded in Volume GhG, 1>age G97, beec( Rccords, Lainar CounLy,
Tcxas, being LoL-;; G and 7, Ci.L-y [3loclc 25111, ancl being more
parl:icularl.y clcscribcd ac tollows :
BLGINNING al: a brass cap (L) tor corner ai: the Southeast
corner of said 5. G70 acre -tracL-, saici point bcing the NorLheast
, Gorner of a L-racl: of land conveyecl Ldward R. Jenlcins by dced
recordcd in Vol. 44, I'a1c lIIG, of L-he IZcal.ProperLy itccords of
~ said County and SLatc.
TI-IGNCL Soul:li 70 Dc1. 17 Min. 31 Sec. West along Lhe Soui:h
IIoundary Linc of said 5.670 acre traci; aiid i:hc NorL-h IIoundary
Line of said Jenlcins t;ract aL 106.05 ieet passing an iron pin
(s) and an el corner of proLDosccl lst Streel: -N. W. , and ai: 160. 15
:Cect passing the proposed ccnL-er line of sai.d 1sL- StreeL N.W.,
and conLinuincJ on a L-ol.al disLance of 208.49 feeL i:o an iron
pin (s) for CO1 llCl ;
TI-lCNCE aloncJ Lhc We:;Lerly Uoundary Linc of proposed lst
5i:reet N.W. as Lollows: NorL-lzcrly around a curve (R=602.96
feet, C=North 34 Deg. 10 Min. 25 Sec. LasL II5.46 ieet) t;o the
right a disL-ance of 65.53 Leel: L-o ai1 iron pin (s); North 30
Deg.14 Min. 15 Sec. Lasl. a disL-ance of 62 fect to an iron pin
(s); NorLherly around a curve (R=GOO.OS feet-, C=North 31 Deg.
17 Min. 42 Scc. Last 145.06 fecL) l.o the 1cLt a distance of
145.42 Lcel. to an iron pin (s) :Cor corncr in `tlzc Easl-.crly NorL-t1
. Bounclary Line of said 5.670 acre L-ract, said point be.ing in L-he
Soui:h I3oundary Line of a loL conveyed D.S. Lanc by decd
rccordcd in VoJ.. 296, I>acJc 317, of said Dccd Rccords;
TI-(CNCL South II8 Dcg. 50 Min. 20 Sec. CasL aL 32.53 fceL
passi.ng i:he ccntcr ].inc of proposcd ].st Sl:reet N.W., and
continuing on a i:ol-.al distancc of 3E3.24 Lcet Lb i:he Lasterly
Northeast corner of ;;aid 5.670 acre l.racl: and t-he Soul:heasL-
corner of- said Lane loL-;
TI-ILNCL SouLh 01 De g. 13 Min . 24 Sec. WesL along i:he Wes L
bounclary Linc of NorL-h Main SL-reeL• a disl:ance of 172,40 teei: i:o
the place of beginninl AJ
cletermined by acl:ual suzvcy on the ground by J. M. Nelson,
Registered ProLes:;ional Land Surveyo1 of Texas, 114025 on the '
2IIth day of June, 1994.
"AHIBI` A
PUBLISH
SUNDAY, FEBRUARY 10, 2008
SUNDAY, FEBRUARY 17, 2008
NOTICE TO BIDDERS
The City of Paris will receive sealed bids at the office of the City Manager, City of Paris,
135 lst Street S. E., P. O. Box 9037, Paris, Texas 75461-9037, for the monthly lease of
property located on part of Lots 6 and 7, City Block 251 A, being number 1227 N. Main
Street, Paris, Texas, until Tuesday, February 26, 2008, at 3:00 p.m., at which time all bids
will be publicly opened at the City of Paris City Hall building, 135 S.E. lst Street, Paris,
Texas, read aloud, tabulated, and referred to the City Council for its consideration.
Bid forms and other information may be obtained at the Finance Office, City Hall, 135
S.E. lst Street, Paris, Texas 75460. All bids shall be accompanied by cash or cashier's
check drawn upon a national bank in an amount not less than one month's lease payment
payable to the City of Paris as earnest money. The successful bidder will have his earnest
money applied as the first lease payment. Unsuccessful bidders will have their earnest
money returned to them. The City of Paris reserves the right to reject any or all bids, to waive any informality in
bidding, and to award bids as may be advantageous to the City.
All bids must be submitted on the City of Paris bid form. All parts of the bid form should
be completed. CITY OF PARIS, TEXAS
JANICE ELLIS, CITY CLERK