17 a 99 Year Lease proposed section Trail de Paris....,,....«a. i,ate:
10-3-2008
Council Date:
10-13-2008
T_ _
CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Onginating Department: Presented By;
Engineering 41 Shawn Napier, P.E. City Engineer Agenda Item No.:
/Director of Public Works
17.
I 1%ZUuMMENDED MOTION:
Motion to approve a 99-year lease for the 0.8 mile section of the rosed
section and accept the donation of the pedestrian bridge, and authorizi Trail de Paris
Mana er to execute all necessa documents. ng the City
POLICY ISSUE(S):
Contract
BACKGROUIVD:
The City of Paris was awarded a$99,990.65 Texas Parks
recreational trail grant in October of 2007 for the 0.8 mile eastern & tWildlife (TP&W)
de Paris. The Great e r P a r i s D e v e l o p m e n t Foun dation (GPDF cu~ s i o n o f t e T r a i l
banked for th e f o r m e r r a i l r o a d R i g h t-o f- Way. The Friends of the e n t l y h a s t e r a i l dee d
T r a i l
GPDF and u s e d t h e i r 501(c)(3) tax exempt status to a 1 p a e r e d w i t h t he
foundation gr a n t s i n t h e a moun t o f $30,000 each from p ls f o r a n d r e c e i e t hree
Foundation, the Martha, David & Bagby Lennox Foundation andFederal Community
Development Foundation. A 99-year lease was approved for the ori the Greater Paris
ginal Trail de Paris.
Bonxn
R Frnw..~
EXHIBITS:
Resolution and Trail de Paris aerial view
ACTION:
❑ Financial Report Minute Order
❑ Departtnent Report Z Resolution
❑ Presentation [l Ordinance
❑ Public Hearing El Qther
Frscni. NoTES:
BUDGET INFO:
lsuctgeted Amt, $ 0.00
YTD Actual $ 0.00
Acct. Name
Acct. Number
REVIEWED AND APPROVED $y;
~ Administration Z Clty Clerk
❑ M ❑ Community Development ❑ EMS/IT
unicipal Court 0 I,egal ❑ Libra
rY ❑ Police ~ Eng./Public Works
City of Paris
- 000108
❑ Finance ❑ Fire
❑ Utilities
Revised 2/04/08
Attor11ey\resw0rk\current\Trai1 de Paris Lease Res - p, D~FT
RESOLUTION N0. 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTING THE DONATION OF A PREFABRICATED PEDESTRIAN
BRIDGE FROM THE GREATER PARIS DEVELOPMENT FOUNDATION, I1VC.
TP BE ISED AT THE CRPSSOMG [POMT PVER THE IS 281 ;PPI 297
OMTERCJAMGE; AND AppROVING AND AUTHORIZIIVG THE EXECUTION
OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE
GREATER PARIS DEVELOPMENT FOUNDATION, INC., A NON-PROFIT
CORPORATION OF THE STATE OF TEXAS, FOR THE PROPERTY KNOWN
AS THE 0.8 MILE EAST EXTENSION OF TRqIL DE PARIS; MAKIIVG OTHER
FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Greater Paris Development Foundation, Inc. has offered to donate a
prefabricated pedestrian bridge for the extension of Trail de Paris to be placed on TxDOT
right of way at US Hwy 271 and Loop 286 and the City of Paris is desirous of acce tin
same from the Greater Paris Development Foundation, Inc.; and, p b the
WHEREAS, the Greater Paris Development Foundation, Inc. is desirous of leasin a
0•8 mile long and one hundred foot (100') wide stretch of abandoned railroad line from g
termination of the current Trail de Paris property at U.S. 271 and Loop 286 Interchanhe
east along the old railroad right-of-way, to the intersection of Old Clarksville Road and the
railroad line all within the city limits of the City of Paris, Lamar County, Texas (hereinafter
the "Trail de Paris East Extension") and the City of Paris is desirous of entering into a lea
agreement with the Greater Paris Development Foundation, Inc. for this extension; and, se
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 COUIVCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereb
in all things approved. y
Section 2. That the donation from the Greater Paris Development Foundation,
Inc. of a prefabricated pedestrian bridge for the extension of Trail de Paris to be placed on
TxDOT right of was at US Hwy 271 and Loop 286 be, and is hereby approved and accePted.
Section 3. That the form of the Lease Agreement between The Greater Paris
Development Foundation, Inc. and the Ciry of Paris, attached hereto as Exhibit A, for the
property known as Trail de Paris East Extension described as the one hundred foot (100')
right-of-way of the 0.8 miles of the abandoned railroad line from the U.S. 271 and Loo 286
P
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Interchange east along the old railroad right-of-way to the intersection of Old
Road and the railroad line' be' and the same is hereb a Clarksville
Y, pproved and accepted.
Section 3. That the City Manager of the City of Paris be, and he is here
authorized to execute on behalf of the City of Paris said Lease Agreement with the by
Greater
Paris Development Foundation, Inc. for the Trail de Paris East Extension in
attached hereto as Exhibit A, and any and all documents necessary for the acce tance o orm
pedestrian bridge. P f the
Section 4. That this resolution shall be effective from and after its date o
passage, f
PASSED AND ADOPTED this 13th day of October, 2008.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Jesse James Freelen, Ma roy
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_
STATE OF TEXAS § LE_pGRF~E~. ~ ~
COUNTY OF Lq1VIAR§ § KNOW ALL MEN BY THESE PRESENTS:
THIS LEASE AGREEMENT is made this 13th day of October, 2008
THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., acti
ng ' bY and between
President, Edward D. Ellis, duly authorized, hereinafter referred bY and through its
to
CITY OF PARIS, TEXAS, a home rule municipal corporation, actin as "LESSOR," and the
Manager, Kevin Carruth, duly authorized, hereinafter referred to a g«bY and through its City
LESSEE."
WITNESSETH
For and in consideration of the payment to THE GREATER PARIS
FOUNDATION, INC. of the sum of One and 1`10/100 Dollars DEVELOPMENT
valuable consideration, LESSOR does hereby lease, rent, let a'00) and other good and
$1
property described as a 0.8 mile long tract of land, one h~demise unto LESSEE the
abandoned railroad right-of-way beginning at the interchan e of U d feet (100') wide of
286 and going east for approximately 0.8 miles to the intersection f 271 South and Loop
and the railroad line, all within the corporate city limits of the Ci of p ld Clarksville Road
Texas (hereinafter referred to as the "Trail de Paris East Extensi n») aris, Lamar Counry,
PARIS DEVELOPMENT FOUNDATION, INC. obtained from Misuri Which THE GREATER
Company by Line Donation Contract dated April 26, 1996 and Sb Pacific Railroad
December 26, 1996. Y Assignment dated
The term of this Lease shall be for a period of ninety-nine 99
Years, beginning
October 13, 2008 and ending October 12, 2107.
In consideration whereof, it is mutually agreed by and be
LESSEE: tween LESSOR AND
LESSEE agrees to maintain the property for public recreational pur
walking and bicycle path or for other similar park purposes, solel b poses as a
means, save and except for parking lots which may be constructed thereon-motorized
however, these premises may also be used for other public urpos bY' Provided,
P es not inconsistent with
1
EXHIBIT g
- 00011,
park purposes, including, but not limited to, right-of-way for sewer lines, water li
associated appurtenances, for other similar utili nes, and
ty purposes, and for right-of-way for
franchise utility purposes; provided further, however, the use of these remises
or
purposes stated herein shall not obligate LESSEE to expend any certain f nds for th the
a n d m a i n t e n a n c e o f t h e a foresai d premises, nor shall same act in any way as a limitation a r e
on
LESSEE'S ability to regulate the day to day operation and use of said premises for
purposes stated herein, including, but not limited to LESSEE's ability to sublease or
t
otherwise similarly convey portions of said premises from time to time in su ort
purposes herein stated throughout the term of this Lease Agreement. LESSEE also agrees
that once the Trail de Paris East Extension is completed and opened to the ublic
hat
LESSEE shall maintain the Trail de Paris East Extension free of excessive brush
vegetation and will maintain the hike and bike trail in same or similar condition as the
original Trail de Paris section.
That 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 damages or injuries to persons and/or ro er
occurring on the leased premises to the extent allowed and permitted by law. Pro ded,
however, nothing herein shall be interpreted to be a waiver LESSEE's soverei n o
governmental immunity. g r
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.
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 b
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, or longer if the default
.
2
- (100112
failure or refusal cannot be reasonably corrected within sixty (60) days, then this
Lease
Agreement may be terminated at LESSOR'S option, and it shall be lawful for LE
re-enter the leased premises and remove all ersons ro er SSOR to
and every claim for damages for or by reason of said re-nP and effects therefrom, all
All notices provided for herein shall be made b~ eeing expressly waived.
Y rti fi e d m a i l, r e t u r n receipt
requested, addressed as follows:
LESSEE: LESSOR:
City Clerk The Greater Paris Development Foundation, Inc.
City of Paris c/o Lamar County Chamber of Commerce
P. 0. Box 9037
Paris, Texas 75461-9037 1125 Bonham
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 A reem
performable in Lamar County, Texas. g ent are
WITNESS our hands this 13th day of October, 2008.
By:
ATTEST:
,Secretary
By:
ATTEST:
3
THE GREATER PARIS DEVELOPMEIVT
FOUIVDATION, INC., LESSOR
Edward D. Ellis, President
CITY OF PARIS, TEXAS, LESSEE
Kevin Carruth, Mayor
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Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, 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 October, 2008.
Notary Public, State of Texas
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, 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 day of October, 2008.
Notary Public, State of Texas
4
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