2008-022-RES-awarding a lease on property located on part of lots 6 and 7, city block 251A, being number 1227 N. mainRESOLUTION N0. 2008-022
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'
METAL ROOFED 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' metal roofed structure on the Property and $50 per month to lease the
Property from the City; and,
WHEREAS, City staff has inspected the 12'x24' metal roofed 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' metal roofed 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 lOth day of March, 2008.
ATTEST:
~
ice Ellis, City Clerk
APPROVED AS TO FORM:
7" Q
Kent McIlyar, UY ttorney
$ r0 per month
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Other considerations the bidder wishes to offer:
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EXHIBIT A
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into 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") as of
the dates indicated below, but said Lease shall be effective as of March 15, 2008.
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 does 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 written 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 lst Street SE, Paris, Texas the agreed upon rental in
advance, promptly and without neglect, default, and delay. LESSEE shall also be solely responsible
for obtaining, maintaining and paying for all utility service to the Leased Premises including, but not
limited to: electricity, gas, telephone, water and sewer, and sanitation services.
EXHIBIT
3. REMOVAL OF DILAPIDATED STORAGE BUILDING
In further consideration for LESSOR's lease of the Leased Premises, LESSEE agrees within
thirty (30) days of the effective date of this Lease to tear down, remove and properly dispose of the
dilapidated storage shed on the southwest corner of the Leased Premises. LESSEE further agrees to
collect, remove and properly dispose of all tires, wood, metal or other loose rubbish or debris located
on the Leased Premises within said thirty (30) day period.
4. 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.
5. INSURANCE
LESSEE must, at all times during the term of this Lease Agreement, and during any
extensions thereof, keep anci 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.
6. 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.
7. 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 the Leased Premises.
8. 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.
9. PROPERTY CONDITION
LESSEE shall take good care of the Leased Premises and be responsible and make good to
LESSOR on all injuries and/or 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' metal roofed 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' metal roofed 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 onto 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.
10. 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.
11. 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, ar any renewal thereof,
without first obtaining the prior written consent of LESSOR.
12. DEFAULT
Should 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 and LESSEE shall
4
have thirty (30) days from the date of termination to remove the 12'x24' metal roofed structure from
the Leased Premises. Any fixed, temporary or other 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.
13. TERMINATION
Either party may, at its option, terminate this lease for convenience 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, equipment or personal property owned by LESSEE from the Leased Premises.
Any structures, equipment or personal property remaining on the Leased Premises following the
expiration of thirty (3 0) days after termination of the Lease will be presumed abandoned and may be
disposed of by LESSOR.
14. 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, but effective March 15, 2008.
LESSOR:
CITY OF PARIS, TEXAS
By:
Kevin Carruth, City Manager
5
ATTEST:
Janice Ellis, City Clerk
APPROVED AS O FORM:
Kent Mc , Cit Attorney
LESSEE:
Kenneth Marshall
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 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-IIDIT "11"
SI`i'U11TGD WJ.t.I7111 L-hc corporaLc .limiL-s of Lhc Cii:y of Paris,
County of Lamar ancl SLaLc of Tcxas, a parL- of the Larkin 1ZaL-tan
Survcy and the IZeddin ltusccll Survcy I1706, and being a part of
a 5.G70 acre tracL- of .land dcscribed in dced l:o Kay Spcncer,
rccorclcd in Volumc 646, Pagc 697, Dcccl ltccords, Lamar County,
Texas, beinl LoLs G and Ci.Cy I3loclc 25111, and beincj more
parLicul.arly dcscribcd as :Lollows : .
BLGINNING at a brass cap (L) tor corncr al: the Southeast
corner of saicl 5.670 acrc tract, saicl poinL- bcing the NorLheast
~:orner of a L-z-acC of land conveyed Ldward R. Jenlcins by deed
recorded in Vol. 44, I'a1e 10G, of L-he IZeal.ProperL•y ltecords of
said Couni:y ancl SI:aL-c.
TI-ICNCL South 70 Dec1. 17 Min. 31 Sec. WcsL- along the South
IIoundazy Line of said 5.670 acre l:racL and the Nori:h Boundary
Line of said Jenlcins Lract aL IOG.IIS feet passing an iron pin
(s) and an el corner of proposcd lst; Strcct-N. W. , and ai: ].GO. 15
ieet passincJ the proposed ccnLer line of sai.d J.sL Si:reet N.W.,
and conLinu.ing on a Lol.al clisLance of 208.49 fecL L-o an iron
pin (s) for corner;
THGNCE along i:hc Wesl:erly I3oundary Linc of proposed lst
Street N.W. as Lollows: NorL-hcr].y around a curve (R=602.96
fcet, C=North 34 Deg. 10 Min. 25 Sec. LasL_II5.46 feet) to the
righL a disl.ancc of 85.53 Lect l:o ail iron pin (s); North 38
Deg.14 Min. 15 Sec. L:asl: a clisL-ance of G2 feet to an iron pin
(s); NorL-hcrly arouncl a curve (R=GOO.OS feet, C=NorLh 31 Deg.
17 Min. 42 Scc. isasL- 1115.06 :Ccct) L-o the left a distance of
145.42 :Ccel: i:o an iron pin (s) Lor corncz in thc EasLerly NorL-h
IIoundary Line of said 5.670 acre tracL-, said point being in L-he
South I3oundary Line of a J.ol: conveyed D.S. Lanc by deed
rccordcd in vol. 296, Pagc 317, of saicl Dccd Records;
TI-[ENCL Soutli IIII Dcg. SO Mi►z. 20 Sec. CasL aL 32.53 fceL-
passi.ng the ccntcr linc of proposcd 1st SL-recL- N.W., and
continuinl on a tol.al disL-ancc of 3E1.24 Lcet Lo Lhe LasLerly
Northeast corner of :;aid 5. G!0 acre tracL• and Lhc SouL-heasL-
corncr of said Lanc loL;
TI•ILNCL South 01 Dcg. 13 Min. 24 Scc. WesL along the Wesl:
boundary Linc of NorL'fi Ma.in Strcel: a disLancc of 172.40 feeL to
thc place of becJinnincl As
dctermined by acL-ual survcy on the clround by J. M. Nel.son,
Regisl-.ered Proi•ess.'tonal Lancl Survcyor of Texas, 114025 on i:he
20t1i day of June, 1994.
LwAHIBIT 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