2001-107-RES EXERCISING CITY'S OPTION TO TERMINATE IN PART THAT LEASE BY/BETWEEN COP AND RED RIVER VALLEYFAIR ASSN
RESOLUTION NO. 2001-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, EXERCISING THE CITY'S OPTION TO TERMINATE IN
PART THAT LEASE BY AND BETWEEN THE CITY OF PARIS AND RED
RIVER VALLEY FAIR ASSOCIATION, INC. TO DESIGNATE PROPERTY
AT THE FAIR GROUNDS AS THE SITE OF THE NEW ANIMAL
SHELTER; DESIGNATING THAT PORTION OF THE FAIR PROPERTY
TO BE USED FOR THE CITY'S NEW ANIMAL SHELTER; PROVIDING
NOTICE TO THE RED RIVER VALLEY FAIR ASSOCIATION, INC.;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council has previously directed the City Manager to locate a site for
a proposed animal shelter; and,
WHEREAS, the City Council finds and determines that the most practical and efficient
location for the proposed new animal shelter is on a site currently within the confines and
boundaries of the City Fairgrounds; and,
WHEREAS, the City has previously entered into a lease agreement with the Red River
Valley Fair Association, Inc. for the operation of the Fairgrounds; and,
WHEREAS, paragraph seventeen of the aforesaid lease agreement provides that the City
as Lessor shall have the right and privilege at its sole option to terminate the lease as to any part
of the realty not improved with buildings to convert the aforesaid property to necessary municipal
functions; and,
WHEREAS, the City Council finds and determines it is necessary to terminate in part the
existing lease agreement with the Red River Valley Fair Association, Inc. as to that property
designated as the future site of the new animal shelter; 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, pursuant to paragraph seventeen of the existing Lease Agreement dated
March 10, 1997, by and between the City of Paris as Lessor and the Red River Valley Fair
Association, Inc. as Lessee, the City does hereby exercise its right and privilege at its option to
terminate the aforesaid Lease as said Lease applies to that property identified by metes and bounds
and exhibit attached hereto as Exhibit A for the purpose of utilizing said property now terminated
from the existing Lease Agreement for a necessary municipal function, that is, the siting of a new
animal shelter.
Section 3. That the aforesaid termination of the identified property shall not affect the
continued existence and effectiveness of the existing lease agreement between the parties, save and
except for the property removed as part of the leasehold by adoption of this resolution.
Section 4. That the Red River Valley Fair Association, Inc. will assist the City in
removing any outstanding liens, if any, on the property so terminated from the Lease Agreement.
Section 5. That the City Manager and the City Attorney shall be and are hereby authorized
and directed to undertake any and all actions necessary to perfect and complete the process of
partial termination of the Lease Agreement for the purposes of utilizing the property identified in
Exhibit A for the siting of a new animal shelter.
Section 6. That notice of the City Council's action shall be forwarded to the Red River
Valley Fair Association, Inc., said notice to include a copy of this resolution.
Section 7. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of July, 2001.
~~~/
Michael J. Ptie , M r
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
ANIMAL SHELTER
Provertv DescriDtion
SITUATED within the corporate limits ofthe City of Paris, County of Lamar and State
of Texas, a part of the Redding Russell Survey, and being a part of the property described in deed
from the Lamar County Fair Association to the City of Paris dated July 9, 1945, and recorded in
Volume 274, Page 432, Deed Records, Lamar County, Texas, and being more particularly
described as follows:
BEGINNING at a pin (s) in the northwest corner of said fairground property being in the
south boundary line of Clement Road and being in the east boundary line of 3rd Street N.E.;
THENCE South 0003' 20" West along said 3rd Street N.E. boundary line a distance of
340 feet to a pin (s) for corner;
THENCE North 89056' 40" East a distance of 165 feet to a pin for corner;
THENCE North a distance of 340 feet to a pin (s) for corner in the south boundary line
of Clement Road;
THENCE West along the south boundary line of Clement Road a distance of 165.1 feet
to the place of beginning, containing 1.29 acres of land, more or less.
A-2
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