2002-059-RES APPROVE GROUNDS SUBLEASE BETWEEN RED RIVER VALLEY ASSN AND HOPEWELL VOLUNTEER FIRE DEPT
RESOLUTION NO. 2002-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE ASSISTANT CITY CLERK TO ATTEST TO A LEASE
AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND PARIS
JUNIOR COLLEGE FOR THE LEASE OF PROPERTY NECESSARY FOR
CREATION OF A MULTI-PURPOSE SPORTS COMPLEX; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has received numerous
citizen inquiries and requests for consideration of the creation of a new sports complex; and,
WHEREAS, in furtherance of said complex, the City Council received a petition signed
by numerous citizens seeking City Council consideration of the creation of said sports complex;
and,
WHEREAS, on Monday, February 19, 2001, the City Council of the City of Paris
conducted a public hearing regarding the possible creation of a new sports complex; and,
WHEREAS, Paris Junior College proposed to provide the City sufficient property as part
of the potential match for State grant funding for the siting of a new sports complex; and,
WHEREAS, the City Council, by prior Resolution No. 2001-017, adopted February 19,
2001, requested the donation of land from Paris Junior College for the site of a new multi-purpose
sports complex; and,
WHEREAS, the City Council, by adoption of Resolution No. 200 1-044 on April 9, 200 1,
approved a consulting services contract with MHS Planning & Design to provide necessary
consulting services to prepare a sports complex master plan, to prepare revisions to the current
parks and open space master plan, and to prepare necessary documents for submission of a grant
application to Texas Parks and Wildlife; and,
WHEREAS, as a consequence of said grant application, the City has received a
$500,000.00 Texas Parks and Wildlife grant as part of the funding necessary to begin construction
of the aforesaid multi-purpose sports complex; and,
WHEREAS, the City Council has previously authorized an additional $500,000.00 in
funding for the aforesaid sports complex; and,
WHEREAS, the City Council has encouraged businesses, philanthropic organizations,
interested groups, and other individuals to make contributions to the creation of said multi-purpose
sports complex; and,
WHEREAS, other donations have been forthcoming, including donations by or on behalf
of the Paris Visitors and Convention Council, Love Civic Center, and the Lamar County Chamber
of Commerce; and,
WHEREAS, in order to proceed with the construction of the aforesaid multi-purpose
sports complex, the City and Paris Junior College must enter into a long-term lease agreement for
the City to acquire the necessary property for the construction of the aforesaid multi-purpose
sports complex; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the fmdings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the Mayor shall be and is hereby authorized to execute and the Assistant
City Clerk to attest to a Lease Agreement, a copy of which is attached hereto and for all purposes
incorporated herein, by and between the City of Paris and Paris Junior College for the City of
Paris to lease the property necessary for construction of a multi-purpose sports complex.
Section 3. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED this 11th day of March, 2002.
ATTEST:
. .l~Yne~~SS~~~erk
APPROVED AS TO FORM:
LEASE AGREEMENT
STATE OF TEXAS ~
COUNTY OF LAMAR ~
KNOW ALL MEN BY THESE PRESENTS:
This Lease Agreement is made and entered into this 11th day of March, 2002, by and
between PARIS JUNIOR COLLEGE, acting by and through its Vice President of the Board of
Regents, duly authorized, hereinafter referred to as "PJC," and the CITY OF PARIS, PARIS,
TEXAS, a municipal corporation, acting by and through its Mayor, duly authorized, hereinafter
referred to as "CITY."
WITNESSETH
For and in consideration ofthe improvement ofthe leased property, a general description of
which is attached hereto as Exhibit A, hereinafter referred to as the "property," and the maintenance
of the improvements on the leased property, PJC does hereby lease, rent, and let unto CITY the
property described in said Exhibit A, attached hereto and made a part hereof for all legal purposes.
For and in return for such consideration, the parties agree as follows:
1. Purpose. The purpose ofthe lease is to establish a multi-purpose sports complex.
2.
Term. The term ofthis lease shall begin
, 2002, and shall extend for a period
of twenty-five (25) years, or for so long as the property shall continue to be used for public
recreational purposes, including, but not limited to, use as a multi-purpose sports complex, park, or
other similar facility. In the event the term of this contract shall end because the property has been
abandoned by the CITY for such public recreational purposes as described herein, the property will
revert to PJC along with any and all improvements thereon.
EXHIBIT A
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3. Consideration. As consideration hereof, the CITY agrees, at its sole cost and expense, to
maintain the property described in Exhibit A for use as a multi-purpose sports complex and/or
public recreational facility throughout the term of this Lease Agreement.
4. Indemnification. The CITY agrees to indemnify, save, keep, and hold harmless PJC 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 resulting from CITY's, its members', invitees', agents', servants', or employees' use; and P JC
shall not be liable to CITY, its members, invitees, agents, servants, employees, licensees, or visitors
due to any condition of the property being improperly constructed, maintained, or being or becoming
out of repair, CITY hereby waiving any defects thereon and agreeing to hold and save PJC harmless
from all claims for any such damages or injuries; provided, however, that such indemnification shall
not extend to circumstances caused or resulting from the use of such property by PJC itself, its
members, invitees, agents, servants, or employees.
5. Taxes. The CITY shall hold PJC harmless for any and all ad valorem taxes, if any, which
become due and payable upon the leased property during the term of the lease.
6. Subletting. The CITY shall not sublet the leased property, or any part thereof, without the
consent, in writing, ofPJC first had and obtained. This provision shall not be construed to prevent
the CITY from, and the CITY is hereby authorized to, license the temporary use of the property and
the facilities located thereon for various events or activities.
7. Use by PJC. PJC shall have the right and privilege of using any portion of said property so
leased for functions sponsored by PJC, which shall be conducted on a non-interfering basis with
CITY'S use. PJC shall be responsible for any and all damage caused to the premises as a result of
such use.
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8. 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 P JC' s option, and
it shall be lawful for PJC to reenter the leased premises and remove all persons, property, and defects
therefrom, all and every claim for damages by reason of said reentry being expressly waived.
9. Notice required. All notices provided for herein shall be made by personal service.
WITNESS our hands this 11 th day of March, 2002, in multiple copies, each of equal effect.
PARIS JUNIOR COLLEGE
By:
Don Riddle, Vice President
Board of Regents
ATTEST:
Ann Wyche, Secretary
CITY OF PARIS, PARIS, TEXAS
By:
Michael J. Pfiester, Mayor
ATTEST:
Thomas E. Haynes, Assistant City Clerk
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APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
STATE OF TEXAS fi
fi
COUNTY OF LAMAR fi
BEFORE ME, the undersigned authority, on this day personally appeared Don Riddle, Vice
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
day of
2002.
Notary Public, State of Texas
STATE OF TEXAS fi
fi
COUNTY OF LAMAR fi
BEFORE ME, the undersigned authority, on this day personally appeared Michael J.
Pfiester, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of March, 2002.
Notary Public, State of Texas
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