2002-024-RES APPROVE/AUTHORIZE EXECUTION OF LEASE WITH RED RIVER VALLEY GIRL SCOUTS AND A CERTAIN AREA OF LAKE GIBBONS
RESOLUTION NO. 2002-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A LEASE WITH THE RED RIVER VALLEY GIRL SCOUTS FOR A
CERTAIN AREA ON LAKE GIBBONS PROPERTY; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council ofthe City of Paris has for several years leased a certain area
on Lake Gibbons to the Red River Valley Girl Scout Council ofT exas, a corporation, for the purpose
of maintaining recreation and camp facilities for the Girl Scouts of America, located in the Red River
Valley Girl Scout Council; and,
WHEREAS, the Red River Valley Girl Scout Council of Texas has repaired and maintained
said area and facilities thereon; and,
WHEREAS, said lease expires on the 9th day of February, 2002; and,
WHEREAS, the City Council of the City of Paris is aware of the good works of the Girl
Scouts, and wishes to encourage the same by the re-leasing of said property on the same terms and
conditions as previously leased, except that the City of Paris must have the privilege of canceling
said lease on or before the 1st day of April of each year during the term of the lease; 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 Mayor of the City of Paris be, and he is hereby, authorized and directed
to execute, on behalf of the City of Paris, a lease with the Red River Valley Girl Scout Council of
Texas, upon the terms and conditions and in the form shown in Exhibit A, attached hereto.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of January, 2002.
~-~~~
,. Michael J. Pfi , M r
ATTEST:
~~ ,-,-,-, ~ -.s'~'.""""-,,<- ~~rV
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
LEASE AGREEMENT
STATE OF TEXAS
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THIS AGREEMENT IS MADE AND ENTERED INTO this 14th day of January, 2002,
by and between the CITY OF P ARIS, PARIS, TEXAS, a municipal corporation, acting by and
through its Mayor, duly authorized, hereinafter referred to as LESSOR, and the RED RIVER
V ALLEY GIRL SCOUT COUNCIL OF TEXAS, a corporation, acting by and through its President,
duly authorized, hereinafter referred to as LESSEE, WITNESSETH:
That the said LESSOR does by these presents lease and demise unto the said LESSEE the
following described property, to-wit:
SITUATED within the corporate limits of the City of Paris, County of
Lamar, and State of Texas, a part of the Hobbs #A447, N. Matheison #A640,
Wallace #A1035, and Harrell #443 Surveys, and being a part and portion of Lake
Gibbons and the property owned by the City of Paris and known as the Lake Gibbons
property, and being more particularly described as follows:
BEGINNING at the most eastern southeast comer of said Lake Gibbons
property;
THENCE westerly with the boundaries of said Lake Gibbons property to the
northwest comer of the Hathaway property;
THENCE N 350 W across said lake and lake property approximately 3345
feet to a point on the north boundary line of said property, said point being the west
end of the most northerly boundary line;
THENCE southeasterly with the meanders of the present boundaries of said
property to the place of beginning,
to be occupied and used for the benefit of the Girl Scouts, and not otherwise, upon the covenants and
conditions following:
1. This lease shall be for a term of five (5) years from the date ofthis agreement, with an option
to renew said lease at the expiration of the primary term, for an additional period of five (5) years
EXHIBIT A
1
by giving notice in writing ofthe intention of LESSEE to renew said lease thirty (30) days prior to
the expiration of the primary term of said lease, provided however, the City shall have the right in
each calendar year of said lease term to cancel said lease by giving at least thirty (30) days advance
written notice of intent to cancel same, said right of cancellation to be effective by or before the 1st
day of April of each year during the term of the lease.
2. The Red River Valley Girl Scout Council of Texas shall pay to the City of Paris the sum of
One Dollar ($1.00) per year.
3. LESSEE shall be bound and obligated to properly maintain, care for, and keep clean the
picnic grounds and swimming area and approaches thereto, and said Red River Valley Girl Scout
Council of Texas shall make arrangements for and maintain a keeper or caretaker to look after,
protect, and care for the property and grounds of said leased premises during the term of said lease.
4. At all times during the term of said lease, said LESSEE shall have the sole and exclusive use
ofthe premises above described and shall be charged with the supervision and control thereof.
5. LESSOR shall not be liable to LESSEE or its employees, patrons, invitees, or visitors, for
any damage to person or property caused by the act of negligence of anyone upon or using said
leased premises, or any part thereof, or due to any building, pier, or structure of any kind located
thereon being improperly constructed, or being or becoming out of repair, nor for any damages from
any defects or want of repair of any part of the building or structure of which the leased premises
form a part, but LESSEE accepts such premises as suitable for the purposes for which same are
leased and accepts the building and structures ofwhich the leased premises form a part, and waives
defects therein and agrees to hold LESSOR harmless from all claims for any such damage.
2
6. LESSEE agrees to make at its sole cost and expense any and all repairs and improvements
deemed necessary upon and to the leased premises or any structure thereon at any time during the
period of this lease.
7. LESSOR shall be and is hereby indemnified by LESSEE from any and all 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, its invitees,
agents, servants, or employees' use, and LESSOR shall not be liable to LESSEE, its invitees, agents,
servants, employees, or visitors due to 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 waiving any defects therein and agrees to hold and save
LESSOR hannless from all claims for any such damages or injuries, and LESSEE must at all times
during the term of this agreement, and any extensions thereof, keep and maintain in full force and
effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00
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 premises of said leased property, or any part
thereof, as the result of the negligence of LESSEE, its 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 and must be written and issued by a reputable insurance company or companies,
with LESSOR as an additional insured, subject to approval by the City Attorney ofthe City of Paris,
and LESSEE or its insurance carrier or carriers shall deliver a copy of any such policies to the City
Clerk ofthe City of Paris, 150 I st Street S.E., Paris, Texas 75460, or furnish to said City so that the
3
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written,
CITY OF PARIS, PARIS, TEXAS,
LESSEE
By:
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
RED RIVER VALLEY GIRL SCOUT
COUNCIL OF TEXAS, LESSOR
By:
Melissa Stansell, President
ATTEST:
Connie Stauter, Executive Director
4
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, 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 14th day of January, A.D.
2002.
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Melissa Stansell, President ofthe Red River Valley Girl Scout Council, 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 January, A.D.
2002.
Notary Public, State of Texas
5