15-Deliberate and act on a Resolution approving a Lease Agreement between Greater Paris Development FoundationCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
03/16/10
Shawn Napier, P.E. Director of
Council Date:
Engineering
Engineering, Planning &
15.
03/22/10
Development
RECOMMENDED MOTION:
Move to approve a Resolution authorizing a lease agreement with and the Greater Paris Development
Foundation, Inc. for the Trail de Paris west extension from SE 12 Street to SE 8 Street and from Old
Clarksville Road to the City of Paris' east city limit and authorizing the City Manager to negotiate and
execute all necessary documents.
POLICY ISSUE(S):
Lease; Capital improvement
BACKGROUND:
City was awarded a$120,000 Texas Parks & Wildlife recreational trail grant for an extension of the
Trail de Paris between 12th SE and 8t" SE Streets. The City's portion of the match will be $24,000 with
Kiwanis, Keep Paris Beautiful, and the Chamber of Commerce pledging $5,000 each and Lamar Power
Partner pledging $2,500. The total amount of pledges is $17,500 and the balance of $6,500 will be in
the form of in-kind services performed by City crews. The City is also in the process of trying to
purchase one acre of land near SE 8th Street from Union Pacific Railroad.
The City of Paris and City of Reno have extended the Trail de Paris from its current east end to Airport
Road. This extension was made possible through donations from Legacy Foundation ($50,000), Lennox
Foundation ($30,000), First Federal Foundation ($25,000), Ash Grove Foundation ($4,000), and Greater
Paris Development Foundation ($4,000). The approximate distance from the Old Clarksville and Trail
de Paris intersection to the city limit line is 1,475-feet.
The Greater Paris Development Foundation currently has the majority of the railroad right-of-way
(ROW) in a rail-banked deed. The proposed lease for the two tracks is similar to the 99-year lease
approved for the other Trail de Paris sections.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution; Trail de Paris aerial view
ACTION:
BUDGET INFO:
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FISCAL NOTES:
REVIEWED AND APPROVED BY:
2 Administration E City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris r n n~~~/ Revised 2/04/08
DRAFT
attorney\reswork \current\Trail de Paris Lease Res 2 Tracts 2010
RESOLUTION N0.
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 AND THE GREATER PARIS
DEVELOPMENT FOUNDATION, INC., A NON-PROFIT CORPORATION OF
THE STATE OF TEXAS, FOR THE WEST EXTENSION OF THE PROPERTY
KNOWN AS TRAIL DE PARIS FROM 12TH STREET SE WEST TO 8TH
STREET SE AND THE EAST EXTENSIOIV FROM OLD CLARKSVILLE ROAD
EAST TO THE CITY LIMITS LINE OF THE CITY OF PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Greater Paris Development Foundation, Inc. obtained from Missouri
Pacific Railroad Company by Line Donation Contract dated April 26, 1999, two tracts of
abandoned railroad right-of-way between 12th Street SE to 8th Street SE and from Old
Clarksville Road to the city limit line of the City of Paris; and,
WHEREAS, the Mayor of the City of Paris did heretofore, on the 14th day of
February, 2004, execute a Letter of Support for the Trail de Paris Project in the City of
Paris; and,
WHEREAS, the Greater Paris Development Foundation, Inc. is desirous of leasing
additional property to the City of Paris for the further extension of Trail de Paris and the
City of Paris is desirous of accepting the same from the Greater Paris Development
Foundation, Inc.; and,
WHEREAS, the Lease Agreement is for two tracts of abandoned railroad
right-of-way with Tract One being the West Extension of Trail de Paris, described as
approximately 1.79 acres of right-of-way between 12th Street SE and 8th Street SE, and
Tract Two being the East Extension of Trail de Paris, described as one hundred foot (100')
wide right-of-way from Old Clarksville Road east a distance of 1,475 feet to the city limit
line; and,
WHEREAS, the form of Lease Agreement, attached hereto as Exhibit A, should, in all
things, be approved and accepted;
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.
(?,00155
Section 2. That the form of the Lease Agreement between The Greater Paris
Development Foundation, Inc. and the City of Paris, attached hereto as Exhibit A, for the
West Extension of Trail de Paris described as approximately 1.79 acres of right-of-way
between 12th Street SE and 8th Street SE, and the East Extension described as one hundred
foot (100') right-of-way from Old Clarksville Road east a distance of 1,475 feet to the city
limit line, be, and the same is hereby, approved and accepted.
Section 3. That the City Manager of the City of Paris be, and he is hereby
authorized to execute on behalf of the City of Paris said Lease Agreement for Trail de Paris
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 ADOPTED this 22nd day of March, 2010.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
LEASE AGREEMEIVT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THIS LEASE AGREEMENT is made this 22ndday of March, 2010, by and between
THE GREATER PARIS DEVELOPMENT FOUNDATION, INC., acting by and through its
President, Edward D. Ellis, duly authorized, hereinafter referred to as "LESSOR," and the
CITY OF PARIS, TEXAS, a municipal corporation, acting by and through its City Manager,
Kevin Carruth, duly authorized, hereinafter referred to as "LESSEE."
WITNESSETH
For and in consideration of the payment to THE GREATER PARIS DEVELOPMENT
FOUNDATION, INC. of the sum of One and no/100 Dollars ($1.00) and other good and
valuable consideration, LESSOR does hereby lease, rent and let unto LESSEE two tracts of
property, all within the city limits of the City of Paris, describe as follows and depicted on
Exhibits A and B attached hereto:
Tract One: Approximately 1.79 acres of abandoned right-of-way betweenl2th
Street SE, and 8th Street SE.
Tract Two: One hundred foot (100') wide abandoned right-of-way from Old
Clarksville Road east a distance of 1,475 feet to the city limit line of
Paris Texas.
These two tracts of abandoned railroad right-of-way will become a part of the trail more
commonly known as "Trail de Paris," which THE GREATER PARIS DEVELOPMENT
FOUNDATION, INC. obtained from Missouri Pacific Railroad Company by Line Donation
Contract dated Apri126, 1999.
The term of this Lease is for a period of ninety-nine (99) years, beginning April 1,
2010 and ending March 31, 2109.
In consideration whereof, it is mutually agreed by and between LESSOR AND
LESSEE:
Page 1 of 4
F-XHIBIT A_
LESSEE agrees to maintain the property for public recreational purposes as a
walking and bicycle path or for other similar park purposes, solely by non-motorized
means, save and except for parking lots which may be constructed thereby; provided,
however, these premises may also be used for other public purposes not inconsistent with
park purposes, including, but not limited to, right-of-way for sewer lines, water lines, and
associated appurtenances, for other similar utiliry purposes, and for right-of-way for
franchise utility purposes; provided further, however, the use of these premises for the
purposes stated herein shall not obligate LESSEE to expend any certain funds for the care
and maintenance of the aforesaid premises, nor shall same act in any way as a limitation on
LESSEE'S ability to regulate the day to day operation and use of said premises for the
purposes stated herein, including, but not limited to LESSEE's ability to sublease or
otherwise similarly convey portions of said premises from time to time in support of
purposes herein stated throughout the term of this Lease Agreement. LESSEE also agrees to
remove vegetation and brush, maintain the existing walking and bicycle track, and improve
lighting for security during the term of this Lease.
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 damages or injuries to persons and/or property
occurring on the leased premises to the extent allowed and permitted by law; provided,
further, nothing herein shall act as a waiver or release of LESSEE' sovereign or
governmental immunity.
That LESSEE will not sublet the rented premises, or any part thereof, without the
consent, in writing, of LESSOR first had and obtained.
No new structures, buildings, barriers or fences shall be made or erected on the
premises by the LESSEE without the prior written consent and approval of the LESSOR.
That LESSOR is a not for profit corporation and that LESSEE will defend LESSOR'S
status as tax exempt for ad valorem real estate taxes on the leased premises.
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
Page 2 of 4
p. ~~i15g
LESSOR, and in the event such default, failure, or refusal has not been corrected or
performed within sixty (60) days from the date of such notice, then this Lease Agreement
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 except for any and
all public utilities and/or easements and related improvements which have been placed
within the leased area or property described herein. All and every claim for damages for
or by reason of said re-entry being expressly waived.
All notices provided for herein shall be made by certified mail, return receipt
requested, addressed as follows:
LESSEE LESSOR
City Clerk The Greater Paris Development Foundation, Inc.
City of Paris c/o Lamar Counry Chamber of Commerce
P. 0. Box 9037 1125 Bonham
Paris, Texas 75461-9037 Paris, Texas 75460
This Lease Agreement shall be construed under and in accordance with the laws of
the State of Texas, and all obligations of the parties created under this Lease Agreement are
performable in Lamar County, Texas.
WITNESS our hands this 22nd day of March, 2010.
By:
ATTEST:
, Secretary
By:
THE GREATER PARIS DEVELOPMENT
FOUNDATION, INC., LESSOR
Edward D. Ellis, President
CITY OF PARIS, TEXAS, LESSEE
Kevin Carruth, Ciry Manager
Page 3 of 4
n
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
STATE OF TEXAS §
§
COUNTY OF LAMAR§
BEFORE ME, the undersigned authority, on this day personally appeared Edward D.
Ellis, President of The Greater Paris Development Foundation, 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 March, 2010.
Notary Public, State of Texas
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 day of March, 2010.
Notary Public, State of Texas
Page 4 of 4
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