2009-027-RES-AWARDING THE BID FOR HAY LEASE @ LAKE GIBBONSRESOLUTION NO. 2009-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AWARDING THE BID, APPROVING THE FORM OF THE LEASE, AND
AUTHORIZING THE EXECUTION OF A HAY LEASE AGREEMENT FOR
APPROXIMATELY 250 ACRES OF LAKE GIBBONS PROPERTY FOR THE
HAY CROP; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Legal Notice published in the Paris News on February 22, 2009 and
March 1, 2009, the City of Paris solicited bids for the hay lease consisting of approximately
250 acres of Lake Gibbons property for the hay crop and bids were received until Tuesday,
March 10, 2009 at 3:00 p.m. at City Ha11,135 1St Street SE, Paris, Texas; and,
WHEREAS, the lowest responsible bid received for the hay lease was made by CK
Hay Farms, 832 CR 32260, Sumner, TX 75486, in the amount of $3,275.00 per year, and he
should be awarded the bid for such lease; and,
WHEREAS, the form of Hay Lease Agreement for such lease for the hay crop
attached hereto as Exhibit A, should be approved, and the City manager should be
authorized to execute the same.
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 bid of Drew Crawford, dba CK Hay Farms, for the hay lease, in
the amount of $3,275.00 per year, 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 Hay Lease Agreement, attached hereto as Exhibit A, is
hereby approved, and the City manager be, and he is hereby authorized and directed to
execute on behalf of the City of Paris, a Hay Lease Agreement with Drew Crawford, dba CK
Hay Farms, under the terms and conditions and in the form attached hereto as Exhibit A.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 23rd day of March, 2009.
esse Jam Freelen, Mayor
ATTEST:
nice Ellis, City Clerk
APPRUVED AS TO FORM:
~
W. Kent McII ar, Ci Attorney
HAY LEASE AGREEMENT
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR )
THIS LEASE AGREEMEIVT is made this 23rd day of March, 2009, by and between the CITY
OF PARIS, TEXAS, a home-rule municipal corporation of the County of Lamar, State of Texas,
acting by and through its City Manager, duly authorized, hereinafter referred to as LESSOR, and
Drew Crawford, dba CK Hay Farms, 832 CR 32260, Sumner, Texas, 75486, Lamar County, Texas,
hereinafter referred to as LESSEE.
WITNESSETH
For and in consideration of the sum of Sixteen Thousand Two Hundred Seventy Five and
no/100 Dollars ($16,275.00) cash, payable in five (5) equal annual installments of $3,275.00
each, the first of which will be due and payable on or before the 1st day of April, 2009, with a like
payment being due and payable on or before the 1st day of April of each year thereafter during
the term of this Lease (the "Rental Fee"), the LESSOR has bargained and sold, and does by these
presents bargain and sell, unto LESSEE all the grasses and hay now standing and growing, and to
be grown, and the right to cut and bale the same upon all that certain tract of land owned by the
City of Paris, situated in Lamar County, Texas, and known as the Lake Gibbons property,
consisting of approximately 250 acres of land in hay meadows, and as further depicted by the
green shaded area as Exhibit A, attached hereto and incorporated herein by reference (the
"Leased Premises"), for a period of five (5) years, beginning April 1, 2009.
LESSOR does hereby further grant and sell unto the said LESSEE the right of ingress and
egress to and from said Leased Premises at any time during the period of this lease for the
purposes of cutting, mowing, baling, removing, inspecting, improving, or fertilizing such lands.
HAY LEASE AGREEMENT - Page 1
EXHIBITA..
IN CONSIDERATION OF THE RENTAL FEE TO BE PAID AND OTHER GOOD AND
VALUABLE CONSIDERATIOIV, it is mutually agreed by and between LESSOR and LESSEE:
1. The term of this Lease is for five (5) years, beginning on the 1st day of April, 2009,
and ending on the 31st day of March, 2014 ("Initial Term")
2. That LESSEE pay to LESSOR, at the City Finance Department, 135 1St St. SE, Paris,
TX 75460 the agreed Rental Fee in advance, promptly and without neglect, default, and delay.
3. That LESSOR owns all fences and gates now existing on the Leased Premises, and
maintenance of said fences and gates shall be the responsibility of LESSEE during the term of this
lease or any extension thereof.
4. That all improvements made, constructed or installed upon the Leased Premises
by LESSEE, including but not limited to: fences, gates, cattle guards, shall at once become the
property of LESSOR and shall be surrendered to LESSOR upon the termination or expiration of
this Lease.
5. That LESSEE agrees to pursue good land management practices with regard to the
leased premises.
6. That LESSEE shall be responsible for purchasing and applying any and all seed,
fertilizer, weed killer, and/or other supplies necessary to properly maintain the Leased
Premises.
7. That LESSEE agrees to remove baled hay from the leased premises within ten (10)
working days after such bailing takes place.
8. 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 his
control and will deliver the Leased Premises back to LESSOR at the expiration or termination of
HAY LEASE AGREEMENT - Page 2
this Lease in as good or better condition as when the Lease began, 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.
9. That it shall be lawful for LESSOR or LESSOR's authorized designee, to enter upon
the Leased Premises, and every part thereof, at all times for the purpose of inspecting and
examining the condition thereof.
10. 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 releases therein and agrees to save and hold LESSOR, its elected officials,
officers and employees 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 general commercial liability insurance, providing
coverage of 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 Leased Premises, or any part thereof, as the result of the
negligence of LESSEE, his invitees, agents, servants, or employees, and shall pay all premiums
HAY LEASE AGREEMENT - Page 3
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 licensed to write
insurance policies in the state of Texas, listing LESSOR, its elected officials, officers and
employees as an additional insured, subject to approval by the City Attorney of the City of Paris,
and LESSEE or his insurance carrier or carriers shall deliver a copy of any such policies to the
City Clerk of the City of Paris, 150 1st 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. 0. 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 hay and grasses grown and
to be grown on said Leased Premises, and the said LESSEE accepts the Leased Premises AS IS
AND WHERE IS WITHOUT WARRANTY OF A1VY KIND, and further, LESSEE assumes all risks
incident to and connected with the same.
11. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions,
stipulations, and/or provisions herein contained, LESSOR shall give LESSEE written notice
thereof 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
HAY LEASE AGREEMENT - Page 4
and remove all persons, property, and effects therefrom, all and every claim for damages for or
by reason of said reentry being expressly waived.
12. That the LESSOR may, without penalry and at its sole option, and following thirty
(30) days written notice to LESSEE, 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 Leased Premises, or
any portion thereof, for any governmental, municipal or recreational purpose. In such event,
LESSEE shall receive a pro rata reimbursement of any prepaid Rental Fees based on time
remaining and/or property remaining under this Lease.
13. In the event LESSEE shall keep each and every covenant and 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 an additional period of five (5) years from and after the expiration of the initial term of
the Lease, for and in consideration of a mutually agreed upon Rental Fee amount. LESSEE must
notify LESSOR in writing of LESSEE's intention to renew said lease on or before the 31st
day of January, 2014.
14. Any notice required by this Agreement shall be in writing and may be delivered in
person or by certified mail, return receipt requested addressed accordingly:
LESSOR
City Manager
City of Paris
P. 0. Box 9037
Paris, TX 75461-9037
LESSEE
Drew Crawford
CK Hay Farms
832 CR 32260
Sumner, Texas 75486
with a col2y to:
City Clerk
City of Paris
P. 0. Box 9037
Paris, TX 75461-9037
HAY LEASE AGREEMENT - Page 5
15. This Lease shall be governed by the laws of the State of Texas. This Lease shall be
performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in
Lamar County, Texas.
16. LESSEE shall not sublease, assign or otherwise transfer any right, title or interest
to any portion of the Leased Premises without first obtaining the prior written consent of the
City manager of the City of Paris, Texas.
17. 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 acknowledgments below.
CITY OF PARIS, LESSOR
By:
ATTEST:
Janice Ellis, Ciry Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Kevin Carruth, City Manager
LESSEE
Drew Crawford d/b/a CK Hay Farms
HAY LEASE AGREEMENT - Page 6
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 the _ day of . 2009.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Drew Crawford
d/b/a CK Hay Farms, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of . 2009.
Notary Public, State of Texas
HAY LEASE AGREEMENT - Page 7