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2001-039-RES APPROVING/AUTHORIZING EXECUTION OF AMENDMENT BETWEEN COP AND MIKE LANE RESOLUTION NO. 2001-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE EXISTING OPTION AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS, AND MIKE LANE, ASSIGNED TO THE SOUTHERN DRAG BOAT ASSOCIATION, INC.; AMENDING THE TERMS THEREOF TO PERMIT THE USE OF LAKE CROOK PARK ON THE SECOND FULL WEEKEND IN JULY AS OPPOSED TO THE 4TH OF JULY WEEKEND; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Paris, Texas, did heretofore, on the 10th day of May, 1999, in Resolution No. 99-047, authorize the execution of an Option Agreement with Mike Lane for the use of Lake Crook Park during the 4th of July weekend in the years 2000, 2001, 2002, 2003, and 2004 for the purpose of conducting drag boat races; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of April, 2001, approve the assignment of said Option Agreement from Mike Lane to the Southern Drag Boat Association, Inc.; and, WHEREAS, Mike Lane, as a representative for the Southern Drag Boat Association, Inc., has presented a request to the City to amend the terms of said Option Agreement to permit the use of Lake Crook Park on the second full weekend in July as opposed to the 4th of July weekend in order to avoid potential weather problems such as those experienced during the 4th of July weekend in 2000, and the City Council deems it appropriate to approve such amendment; and, WHEREAS, the form of the Amendment to Existing Option Agreement between the City of Paris, Paris, Texas, and Mike Lane, Assigned to Southern Drag Boat Association, Inc., attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute and the Asst. City Clerk to attest to said Amendment; 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 form of the Amendment to the Existing Option Agreement between the City of Paris, Paris, Texas, and Mike Lane, Assigned to Southern Drag Boat Association, Inc., attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, and the Asst. City Clerk to attest, on behalf of the City of Paris, the Amendment to Existing Option Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of April, 200 I. ~~~77-_ Michael J. Ptieste , M r ATTEST: b,",,~;,,~~~ APPROVED AS TO FORM: STATE OF TEXAS ~ KNOW ALL M~N BY THESE PRESENTS: COUNTY OF LAMAR ~ AMENDMENT TO THE EXISTING OPTION AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS. AND MIKE LANE, ASSIGNED TO THE SOUTHERN DRAG BOAT ASSOCIATION, INC. Recitals: WHEREAS, the City of Paris, Paris, Texas (hereinafter referred to as the CITY), and Mike Lane (hereinafter referred to as LANE) have previously entered into an Option Agreement dated May 10, 1999 (hereinafter referred to as the original agreement), whereby the CITY agreed to allow the use by LANE of Lake Crook Park on the 4th ofJulyweekend in the years 2000, 2001, 2002, 2003, and 2004 for the purpose of conducting drag boat races; and, WHEREAS, the Council of the City of Paris did heretofore, on the 9th day of April, 2001, approve and accept the assignment of said Option Agreement from LANE to the Southern Drag Boat Association, Inc. (hereinafter referred to as the SDBA); and, WHEREAS, LANE, as a representative for the SDBA, has presented a request to the CITY to amend the terms of the aforesaid original agreement to permit the use of Lake Crook Park on the second full weekend in July as opposed to the 4th of July weekend in order to avoid potential weather problems such as those experienced during the 4th of July weekend in 2000; NOW, THEREFORE, For and in consideration of these premises, the City of Paris, Paris, Texas, a municipal corporation and home rule city located at 135 1st Street S.E., Paris, Texas 75460, and the Southern Drag Boat Association, Inc., a Texas corporation located at 8541 Mosley, Building 9, Houston, Texas 77075, agree as follows: Section 1. That it is hereby mutually agreed by and among the parties hereto that paragraph 2 be amended so that such shall read as follows: "2. CITY does hereby grant to SDBA the exclusive use of Lake Crook for the purpose of sponsoring drag boat races and related activities, subject to reasonable inspections and access by City personnel, on the second full weekend in July of each year." Section 2. That it is hereby mutually agreed by and among the parties hereto that paragraph 7 be amended so that such shall read as follows: -1- EXHIBIT A . ~ "7. This Agreement shall not apply to any event other than drag boat races or to any time other t~an the second full weekend in July." Section 3. That all terms and provisions of the original agreement as assigned to SDBA not inconsistent with this amendment shall remain in full force and effect during the term of said original agreement. ENTERED INTO the 9th day of April, 2001. CITY OF PARIS, PARIS, TEXAS By: Michael J. Pfiester, Mayor ATTEST: Thomas E. Haynes, Asst. City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney SOUTHERN DRAG BOAT ASSOCIATION, INC. By: Name: Title: ATTEST: , Secretary -2- THE 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 9th day of April, 2001. Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared (Name), (Title) of the Southern Drag Boat Association, 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 , 2001. Notary Public, State of Texas -3-