2008-090-RES ACCEPTING THE DONATION OF A PREFABRICATED PEDESTRIAN BRIDGE FROM THE GREATER PARIS DEVELOPMENT FOUNDATION, INC. TO BE USED AT ATHE CROSSING POINT OVER THE US 271 LOOP 286 INTERCHANGERESOLUTION 1110. 2008-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ACCEPTIIVG THE D011iATION OF A PREFABRICATED PEDESTRIAN
BRIDGE FROM THE GREATER PARIS DEVELOPMENT FOUNDATION, INC.
TO BE USED AT THE CROSSING POINT OVER THE US 271 LOOP 286
INTERCHANGE; AND APPROVING AND AUTHORIZING THE EXECUTION
OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE
GREATER PARIS DEVELOPMENT FOUNDATION, INC., A NO1V-PROFIT
CORPORATION OF THE STATE OF TEXAS, FOR THE PROPERTY KNOWN
AS THE 0.8 MILE EAST EXTENSION OF TRAIL DE PARIS; MAKING OTHER
FINDINGS AND PROVISIONS 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 Ciry of Paris is desirous of accepting the
same from the Greater Paris Development Foundation, Inc.; and,
WHEREAS, the Greater Paris Development Foundation, Inc. is desirous of leasing a
0.8 mile long and one hundred foot (100') wide stretch of abandoned railroad line from the
termination of the current Trail de Paris property at U.S. 271 and Loop 286 Interchange
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 lease
agreement with the Greater Paris Development Foundation, Inc. for this extension; and,
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 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 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 way at the US Hwy 271 and Loop 286 interchange 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 City of Paris, attached hereto as Exhibit A, for the
properry 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 Loop 286
Interchange east along the old railroad right-of-way to the intersection of Old Clarksville
Road and the railroad line, be, and the same is hereby, approved and accepted.
Section 3. That the City Manager of the City of Paris be, and he is hereby
authorized to execute on behalf of the City of Paris said Lease Agreement with the Greater
Paris Development Foundation, Inc. for the Trail de Paris East Extension in the form
attached hereto as Exhibit A, and any and all documents necessary for the acceptance of the
pedestrian bridge.
Section 4. That this resolution shall be effective from and after its date of
passage.
PASSED AND ADOPTED this 13th day of October, 2008.
ATTEST:
,
ice Ellis, City Clerk
APPROVED AS TO F M:
W. Kent McIlyar, ' torney
/eesgs4eejjana(eess Freelen, Mayor
LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR§
THIS LEASE AGREEMENT is made this 13th day of October, 2008, by and between
THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., acting by and through its
President, Edward D. Ellis, duly authorized, hereinafter referred to as "LESSOR," and the
CITY OF PARIS, TEXAS, a home rule municipal corporation, acting by and through its City
Manager, Kevin Carruth, duly authorized, hereinafter referred to as "LESSEE."
WITNESSETH
For and in consideration of the payment to THE GREATER PARIS DEVELOPMENT
FOUNDATION, INC. of the sum of One and no/100 Dollars ($1.00) and other good and
valuable consideration, LESSOR does hereby lease, rent, let and demise unto LESSEE the
property described as a 0.8 mile long tract of land, one hundred feet (100') wide of
abandoned railroad right-of-way beginning at the interchange of US 271 South and Loop
286 and going east for approximately 0.8 miles to the intersection of Old Clarksville Road
and the railroad line, all within the corporate city limits of the City of Paris, Lamar County,
Texas (hereinafter referred to as the "Trail de Paris East Extension") which THE GREATER
PARIS DEVELOPMENT FOUNDATION, INC. obtained from Missouri Pacific Railroad
Company by Line Donation Contract dated April 26, 1996 and by Assignment dated
December 26,1996.
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 between LESSOR AND
LESSEE:
LESSEE agrees to maintain the property for public recreational purposes as a
walking and bicycle path or for other similar park purposes, solely by non-motorized
means, save and except for parking lots which may be constructed thereby; provided,
however, these premises may also be used for other public purposes not inconsistent with
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EXHIB(T ..,A
park purposes, including, but not limited to, right-of-way for sewer lines, water lines, and
associated appurtenances, for other similar utility purposes, and for right-of-way for
franchise utility purposes; provided further, however, the use of these premises for the
purposes stated herein shall not obligate LESSEE to expend any certain funds for the care
and maintenance of the aforesaid premises, nor shall same act in any way as a limitation on
LESSEE'S abiliry to regulate the day to day operation and use of said premises for the
purposes stated herein, including, but not limited to LESSEE's ability to sublease or
otherwise similarly convey portions of said premises from time to time in support of
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 public, that
LESSEE shall maintain the Trail de Paris East Extension free of excessive brush or
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 property
occurring on the leased premises to the extent allowed and permitted by law. Provided,
however, nothing herein shall be interpreted to be a waiver LESSEE's sovereign or
governmental immunity.
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 by
LESSOR, and in the event such default, failure, or refusal has not been corrected or
performed within sixry (60) days from the date of such notice, or longer if the default,
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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 LESSOR to
re-enter the leased premises and remove all persons, property, and effects therefrom, all
and every claim for damages for or by reason of said re-entry being expressly waived.
All notices provided for herein shall be made by certified mail, return 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 1125 Bonham
Paris, Texas 75461-9037 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 Agreement are
performable in Lamar County, Texas.
WITNESS our hands this 13th day of October, 2008.
By:
ATTEST:
, Secretary
By:
ATTEST:
THE GREATER PARIS DEVELOPMENT
FOUNDATION, INC., LESSOR
Edward D. Ellis, President
CITY OF PARIS, TEXAS, LESSEE
Kevin Carruth, City Manager
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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
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