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2002-188-RES AWARD BID/AUTHORIZE EXECUTION OF PASTURE LEASE AGREEMENT FOR APPROXIMATELY 185 ACRES OF LAKE GIBBONS PROPERTY .~ ~ RESOLUTION NO. 2002-18B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AWARDING THE BID, APPROVING THE FORM OF THE LEASE, AND AUTHORIZING THE EXECUTION OF A PASTURE LEASE AGREEMENT FOR APPROXIMATELY 185 ACRES OF LAKE GIBBONS PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 2001- 159, on September 17, 2001, authorize the advertisement for bids for a pasture lease of approximately 185 acres of Lake Gibbons property, which bids were received until 3 :00 o'clock p.m., Tuesday, December 3, 2002; and, WHEREAS, the best bid for such pasture lease was made by Drew Crawford, Sumner, Texas, and he should be awarded the bid for such lease; and, WHEREAS, the form of Pasture Lease Agreement for such pasture lease, attached hereto as Exhibit A, should be approved, and the Mayor should be authorized to execute the same; 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 bid of Drew Crawford for the pasture lease, in the amount of$2,400.00, is hereby accepted and let conditioned upon the lessee meeting all of the terms and specifications included in the bid documents. Section 3. That the form of Pasture Lease Agreement, attached hereto as Exhibit A, is hereby approved, and that the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, a Pasture Lease Agreement with Drew Crawford, 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 December, 2002. ~~ ~ ~ ATTEST: ~l ~~~~~~>~r~. ,~ . ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~ PASTURE LEASE AGREEMENT STATE OF TEXAS ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ~ That the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, ofthe County of Lamar and State of Texas, hereinafter called LESSOR, for and in consideration of the sum of Two Thousand Four Hundred and noli 00 Dollars ($2,400.00) cash to it in hand paid by Drew Crawford, 832 CR 32260, Sumner, TX 75486, hereinafter called LESSEE, the receipt of which is hereby acknowledged, and in consideration of a like payment of$2,400.00 each year, said $2,400.00 to be due on or before January I of each year, has bargained and sold, and does by these presents bargain and sell unto the said LESSEE, for a period of five (5) years, beginning January I, 2003, upon all that certain tract ofland owned by the City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property, consisting of approximately 185 acres of land for grazing purposes depicted as the shaded area on the map attached hereto as Exhibit A. Said LESSOR does hereby further grant and said LESSEE the right of ingress and egress to and from said property at any time during the period of this lease for the purpose of grazing said lands, and for the purpose of inspecting, improving or fertilizing such lands. The term of this Lease is for five (5) years, beginning on the 1st day of January, 2003, and ending on the 31st day of December, 2007. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: Pasture Lease Agreement - Page 1 EXHIBIT A.. ~. 1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris the agreed rental in advance, promptly and without neglect, default, and delay. 2. That LESSOR owns all fence now existing on the Lake Gibbons property, and maintenance of said fences shall be the responsibility of LESSEE. 3. That all improvements, including fences, made upon the premises by LESSEE, or at his instance or request, shall at once become the property of LESSOR and shall be surrendered to LESSOR upon the termination or expiration of this Lease. 4. That LESSEE agrees to pursue good land management practices with regard to the leased premises. 5. That LESSEE shall be responsible for supplying any and all needed supplies to be used at the leased premises. 6. That LESSEE agrees to shred the pasture area a minimum of one (1) time annually, unless LESSOR shall otherwise agree in writing. 7. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under him and will deliver same to LESSOR at the expiration or termination of this Lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this Lease, peaceably yield up to LESSOR all and singular the premises and all future erections, additions, or repairs to or upon same, in good repair. Pasture Lease Agreement - Page 2 8. That it shall be lawful for LESSOR's Director of Parks and Recreation, or his designee, to enter upon the leased premises, and every part thereof, at all times for the purpose of inspecting and examining the condition thereof. 9. That LESSEE agrees to indemnify, save, keep, and hold harmless LESSOR from and against any and all demands, 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, his invitees, agents, servants, or employee's use, and LESSOR shall not be liable to LESSEE, his 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 waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must, at all times during the term of this Lease, and any extensions hereof, 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, his 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 of the City of Paris, and LESSEE or his insurance carrier or Pasture Lease Agreement - Page 3 carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Lease, and any extension hereof, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the 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. It is understood, agreed, and provided that LESSOR shall not be liable or responsible to LESSEE for damages or loss of any kind whatsoever concerning the use of the properties leased herein, including, but not limited to, loss of animals pasturing on said premises, but the said LESSEE assumes all risks incident to and connected with the same. 10. 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, in writing, to LESSEE by LESSOR's Director of Parks and Recreation, giving LESSEE thirty (30) days to correct such discrepancy, and, in the event such default, failure, or refusal is not corrected within said thirty (30) day period, then this Lease may be terminated at LESSOR's option, and it shall be lawful for LESSOR to reenter the leased premises and remove all persons, property, and effects therefrom, all and every claim for damages for or by reason of said reentry being expressly waived. 11. That the LESSOR may, without penalty and at its sole option, and following thirty Pasture Lease Agreement - Page 4 .-. (30) days written notice, terminate this Lease as to the entire tract, or any part thereof, which may be necessary, in the event the LESSOR desires to use the property, or any portion thereof, for necessary municipal functions. LESSEE shall receive a pro rata reimbursement, based on time remaining and/or property remaining under this Lease, of any rentals paid to the date of termination. 12. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of him hereunder during the primary term of this Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for a period offive (5) years from and after the expiration of this agreement, for and in consideration of the payment of annual installments of Two Thousand Four Hundred and no/1 00 Dollars ($2,400.00), the first of which will be due and payable on or before the I st day ofJanuary, 2008, with a like payment being due and payable on or before the 1st day of January of each year thereafter during the term of said option. Said option may be exercised by Lessee's giving notice in writing of Lessee's intention to renew said lease on or before the 31st day of December, 2007. 13. The terms of this Lease are binding on, and the benefits herein inure to, the heirs, administrators, and executors of LESSEE. This Lease may not be assigned without the express written approval of LESSOR. EXECUTED on the dates shown in acknowledgements below. CITY OF PARIS, PARIS, TEXAS By: Michael J. Pfiester, Mayor Pasture Lease Agreement - Page 5 ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: LarryW. Schenk, City Attorney LESSEE Drew Crawford STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, 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, and in the capacity therein stated. . GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 9th day of December, 2002. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Drew Crawford, 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. Pasture Lease Agreement - Page 6 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _day of December, 2002. Notary Public, State of Texas Pasture Lease Agreement - Page 7 .i): ~ Ii:' llJ <II /I> ~ ~ .. ~ "- ~ .. ll.. ~ <.<:: "- l1> .. <II ~ '" ~~ ""'C PJ CJ) I'""'fo c: ~ (t) r- (t) PJ CJ) (t). :' ~ ~ <P '" o <:;:) ~ '<S" o ":3 '" . - . - -eXHIBIT A.-