2009-082-RES-Authorizing a lease agreement between the city of Paris and Habitat for HumanityRESOLUTION NO. 2009-032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE
AGREEMENT BETWEEN THE CITY OF PARIS, TEXAS AND PARIS
HABITAT FOR HUMANITY, BEING A NON-PROFIT ORGANIZATION THAT
BUILDS HOUSES IN THE LOCAL COMMUNITY, FOR THE LEASE OF A
STORAGE BUILDIIVG LOCATED BEHIND THE FORMER PARIS POLICE AND
COURTS BUILDING, 811 BOIVHAM STREET, PARIS, TEXAS; AUTHORIZING
THE CITY MANAGER TO EXECUTE A LEASE ON SAID BUILDING; MAKING
OTHER FI11iDINGS A1VD PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Paris Habitat for Humanity, a non-profit organization, has a need for
storage facilities and has contacted the City of Paris requesting to lease the storage building
located on the back of the former Paris Police and Courts property located at 811 Bonham
Street; and,
WHEREAS, there is no known or anticipated municipal use for the storage building
and it would be appropriate to lease the storage buildings to Paris Habitat for Humanity for
their use in storing building materials and equipment related to the Paris Habitat for
Humanity Project, and the City Manager be authorized to sign a lease agreement on behalf
of the City of Paris substantially in the form attached hereto as Exhibit A, and the same
should be approved.
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 Lease Agreement between the City of Paris and Paris Habitat for
Humanity for the storage building located on the back of the City of Paris property located
at 811 Bonham Street, under the terms and conditions of the Lease Agreement attached
hereto as Exhibit A, be and the same is hereby approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute on behalf of the City of Paris, a Lease Agreement with Paris Habitat for Humanity,
and any other documents in connection to the lease of said storage buildings.
Section 6. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of August, 2009.
se Jame,gFreelen, Mayor
ATTEST:
ice Ellis, City Clerk
APPROVED AS TO FORM:
Kent McIlyar, City tt rney
LEASE AGREEMENT
STATE OF TEXAS )
) KNOW ALL ME1V BY THESE PRESENTS:
COUNTY OF LAMAR )
THIS LEASE AGREEMENT is made this 10th day of August, 2009, by and between
PARIS HABITAT FOR HUMANITY, INC., a Texas non-profit corporation, acting by and through
its Executive Director, Judy Martin, duly authorized, hereinafter called LESSEE, and the CITY
OF PARIS, TEXAS, a home rule municipal corporation, acting by and through its City Manager,
Kevin Carruth, duly authorized, hereinafter called LESSOR.
WITNESSETH:
For and in consideration of the maintenance and upkeep of the leased premises, the
payment of all utilities serving the leased premises, and providing the necessary insurance for
the leased premises (as further described herein), and other good and valuable consideration,
the CITY OF PARIS does hereby lease, rent and let unto the PARIS HABITAT FOR HUMANITY
the following described property, to-wit:
The large storage building behind the former City of Paris Police and Courts
Building, 811 Bonham Street, Paris, Texas ("leased premises").
This is a month-to-month lease, commencing on August 15, 2009.
THE PARTIES FURTHER AGREE as follows:
1. That LESSEE will use and maintain the leased premises for storage of building
materials and equipment related to the Paris Habitat for Humanity Project.
2. That LESSEE will be responsible for the maintenance, repair and upkeep of the
said leased premises throughout the term of this lease, ordinary wear and tear excepted.
3. That LESSEE agrees to indemnify, save, keep and hold LESSOR, its elected officials,
officers and employees harmless 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 properry occurring on the leased premises resulting from LESSEE's, its
invitees, agents, servants or employees' use and enjoyment of the leased premises or from
LESSEE's negligent acts or intentional wrongful acts; and LESSOR shall not be liable to
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EXHIBIT ~
LESSEE, its invitees, agents, servants, employees or visitors due to the condition of the leased
premises or 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 claims for defects therein and agrees to hold and save LESSOR
harmless from all claims for any such damages or injuries occurring on the leased premises
during the term of this lease.
4. LESSEE must, at all times during the term of this Lease Agreement, and during any
extensions thereof, keep and maintain in full force and effect a policy or policies of insurance,
providing at least $300,000.00 per person and $300,000.00 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 the City, its elected officials, officers and employees from and against any and all
damages, personal injuries, or property damages sustained by any person in or upon the leased
premises, or any part thereof during the term of this Lease Agreement or any extensions thereof.
LESSEE shall be solely responsible for paying all premiums on all insurance policies required. It
is expressly required that such insurance policy or policies shall be written and issued by a
reputable insurance company properly capitalized and licensed by the State of Texas to sell
commercial insurance policies in the State. LESSEE further agrees that any general commercial
liability policy obtained to satisfy these requirements shall list the City of Paris, its elected
officials, officers and employees as Additional Insureds under the general commercial liability
policy. Copies of the required insurance policies and/or properly executed Accord Certificates
shall be filed with the City Clerk for the City of Paris, P. O. Box 9037, Paris, TX 75461-9037, prior
to the City's execution of this Lease Agreement and annually thereafter throughout the term of this
Lease or any extensions thereof. 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.
5. 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 to LESSEE by
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LESSOR, and in the event such default, failure or refusal has not been corrected or performed
within fifteen (15) days from the date of such notice, then this Lease may be terminated at
LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove
all persons, property and effects therefrom, all and every claim for damages for or by reason
of said re-entry being expressly waived by LESSEE.
6. That either party hereto may, at its option, terminate this Lease by giving the
other party thirty (30) days advance notice, in writing, of such intention.
7. All notices provided for herein must be made by registered or certified mail,
return receipt requested, to the following addresses:
LESSOR:
City Manager
P. 0. Box 9037
City of Paris
Paris, TX 75461-9037
With a copy to:
City Clerk
P. 0. Box 9037
City of Paris
Paris, TX 75461-9037
LESSEE:
Judy Martin
Paris Habitat for Humanity
P. 0. Box 1555
Paris, TX 75461-1555
8. This Lease may not be assigned or sublet by LESSEE without the prior written
consent of the City Manager of the City of Paris, Texas.
9. The parties agree that the laws of the State of Texas shall govern this
Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas.
Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie
in Lamar County, Texas.
10. No waiver of the either party's rights under this Agreement shall be deemed to
have been made unless expressed in writing and signed by an authorized representative of
that Party.
11. The terms of this Lease Agreement are binding on and the benefits herein inure
to the heirs, administrators and executors of LESSOR and the successors and assigns of
LESSEE.
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EXECUTED ON the dates shown in the acknowledgements below.
By:
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
CITY OF PARIS, TEXAS,
LESSOR
Kevin Carruth, City Manager
PARIS HABITAT FOR HUMANITY,
LESSEE
Judy Martin, Executive Director
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 day of .2009.
Notary Public, State of Texas
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STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared JUDY
MARTIN, Executive Director of Paris Habitat for Humanity, known to me to be the persons
whose names are subscribed to the foregoing instrument, and acknowledged to me that they
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 .2009.
Notary Public, State of Texas