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2002-158-RES AUTHORIZE PARTIAL TERMINATION OF LAKE CROOK LEASE AGREEMENT BETWEEN COP AND ARCHERS FOR CHRIST RESOLUTION NO. 2002-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE PARTIAL TERMINATION OF THE LAKE CROOK LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE ARCHERS FOR CHRIST AS TO AREA NUMBER ONE (1) DESCRIBED THEREIN, FOR THE PURPOSE OF IMPLEMENTING THE LAKE CROOK TRAILS PROJECT; AUTHORIZING NOTICE OF PARTIAL TERMINATION OF SAID LEASE AGREEMENT; AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE LEASE AGREEMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore on the 10th day of September, 2001, in Resolution No. 2001-152, authorize the execution of a Lease Agreement with the Archers for Christ for the utilization of various tracts located at Lake Crook; and, WHEREAS, the City Council ofthe City of Paris did heretofore, on the 10th day of October, 2002, in Resolution No. 2002-2002-157, ratify the application made to the Texas Parks & Wildlife Department for a National Recreational Trails Grant for the Lake Crook Trails Project; and, WHEREAS, as a consequence of the City Council's ratification of said grant application, the City will receive a grant award from the Texas Parks & Wildlife Department, National Recreational Trails Grant, to underwrite 80% ofthe estimated cost to construct the Lake Crook Trails Project, the same consisting of walking paths and trails to be located on that portion of the City's Lake Crook property described as area number one (1), currently leased to the Archers for Christ in furtherance ofprojects on behalf of the Archers for Christ; and, WHEREAS, in order to fulfill the conditions of the grant, and to implement the intended purpose of the aforesaid Lake Crook Trails Project, the same being to make available to the general public the use ofthe trails and paths constructed pursuant to said grant, the City will need to convert the use of said area number one (I) to general municipal functions; and, WHEREAS, Section 17 ofthe City's current Lease Agreement with the Archers for Christ reserves unto the City as lessor the right and privilege at its option at any time to terminate in whole or in part the lease for necessary municipal functions, provided the City Council so declares such necessary municipal functions, and authorizes ninety (90) days written notice to the Archers for Christ a s lessees to vacate said portion 0 f t he property to be utilized for necessary municipal functions; and, WHEREAS, as a consequence ofthe receipt and award of said grant, the City Council finds and determines the implementation of said grant requires utilization of said designated area number one (1) ofthe Lake Crook property, and that the utilization of said property for said grant constitutes a necessary municipal function, and the City Council desires to so declare same and to authorize the giving of the necessary notice to the Archers for Christ to vacate said premises; and, WHEREAS, the City Council ofthe City of Paris deems it in the best interests ofthe citizens ofthe City of Paris to terminate said Lease Agreement with the Archers for Christ as to area number one (1); 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 City Council does hereby determine, in accordance with Section 17 of the existing Lake Crook Lease Agreement between the City of Paris and the Archers for Christ, that the use of area number one (I) as designated in said lease agreement is required to implement a grant received from the Texas Parks & Wildlife Department, National Recreational Trails Grant, to implement the Lake Crook Trails Project, and that the implementation of said Project is hereby declared by the City Council as a necessary municipal function. Section 3. That the termination of the Lease Agreement with the Archers for Christ as to area number (1) for the purpose of establishing a public recreations trail be, and the same is hereby, authorized and approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to provide ninety (90) days written notice of such partial termination to the Archers for Christ in accordance with Section 17 of the Lease Agreement. Section 5. That the City Manager be, and he is hereby, authorized and directed to execute an addendum reflecting such partial termination under the terms and conditions and in the form approved by the City Attorney. Section 6. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of October, 2002. ~- ~ Michael J. Pfiest r, M or ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: