2010-125 RES RENEWAL LEASE WITH LOYD AND SYBIL BARROW FOR LAND APPLICATION OF SEWAGE SLUDGERESOLUTION 1V0. 2010-125
A RESOLUTIOIV OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF A RENEWAL LEASE
AGREEMENT WITH LOYD BARROW AND SYBIL BARROW CONSISTING
OF APPROXIMATELY 170 ACRES TO BE USED FOR LAND APPLICATION
OF SEWAGE SLUDGE; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; A1VD PROVIDING A1V EFFECTIVE DATE.
WHEREAS, the City Council did in Resolution No. 86-073, on July 28, 1986,
authorize the execution of a lease contract for approximately 170 acres located
approximately 7 miles northeast of the City of Paris to be used for land application of
sewage sludge, with Loyd Barrow and wife, Sybil Barrow for a term of 10 years; and,
WHEREAS, the City Council did in Resolution 96-080, on July 15, 1996, authorize
the execution of a Renewal Lease Agreement with Loyd Barrow and wife, Sybil Barrow for
another term of 10 years; and,
WHEREAS, the term of said Renewal Lease Agreement expired on July 31, 2006, and
the Barrows have offered the City of Paris the renewal of this agreement for a term of three
(3) years with options at the expiration of the initial term; and,
WHEREAS, it is deemed to be in the best interest of the citizens of Paris to accept
the offer to renew this lease for a term of three (3) years with renewal options and a
renewal Lease Agreement has been negotiated with Loyd Barrow and Wife, Sybil Barrow,
upon the terms and conditions and in the form of Exhibit A attached hereto; and,
WHEREAS, the form of such Lease Agreement should be approved and the Mayor of
the City of Paris should be authorized to sign 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 Lease Agreement with Loyd Barrow and Wife, Sybil Barrow,
for approximately 170 acres for sludge application for the Wastewater Treatment Plant, is
hereby approved.
Section 3. That the Mayor of the City of Paris be, and he is hereby authorized and
directed to execute on behalf of the City of Paris the Lease Agreement with Loyd Barrow
and Wife, Sybil Barrow, for a sludge application site, upon 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.
DULY PASSED AND APPROVED this 13th day of December, 2010.
Will Biard, Mayor
ATTEST:
. ,
nice Ellis, Ciry Clerk
APPROVED AS TO FORM:
~
W. Kent McII ar, ity Attorney
LEASE AGREEMENT
STATE OF TEXAS §
§
COUNTY OF LAMAR §
This Lease Agreement is made and entered into by and between Loyd Barrow and wife,
Sybil Barrow, P.O. Box 551, Paris, Texas 75461-0551 (hereinafter collectively "Lessor") and the
City of Paris, Texas (hereinafter "City"), a home-rule municipal corporation, acting by and
through its Mayor, Will Biard, pursuant to Resolution No.
Council of the City of Paris, Texas on
hereto as Exhibit A.
RECITALS
duly passed by the City
(date), a copy of which is attached
WHEREAS, the City of Paris owns and operates a Wastewater Treatment Plant, located
approximately 7 miles North 8 degrees east from the City of Paris, Texas. The Wastewater
Treatment Plant generates a sludge product which must be properly disposed of in accordance with
the laws of the State of Texas and City's Wastewater Treatment Plant Permit; and,
WHEREAS, the City has chosen land application as the method for disposing of said
Sludge, which application can best be made upon open hayfields or pasture land; and,
WHEREAS, in accordance with prior lease agreements between the City and Lessor, the
City has been spreading Sludge from the Wastewater Treatment Plant onto a 170-acre tract of land
owned by Lessor for the last twenty-four (24) years (the "Application Site"); and,
WHEREAS, Lessor no longer cultivates hay on the 170-acre Application Site and derives
no benefit from the City's spraying of the Sludge or Effluent from the Wastewater Treatment Plant
onto the Application Site; and,
WHEREAS, Lessor acknowledges that his Property has not been harmed or damaged in
any way by the City's spraying of Sludge or Effluent on the Application Site during the last
1
EXHIBITA_
twenty-four (24) years and he desires to enter into a new lease agreement with the City for this
purpose.
NOW, THEREFORE, in consideration of the premises, the mutual promises contained
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged the City and Lessor agree as follows:
1. DEFINITIONS
Sec. 1.1. City. The home-rule municipal corporation and body politic incorporated under the
laws of the State of Texas under the name of "City of Paris" or its official agents or legal
representatives.
Sec. 1.2. Lessor. Loyd Barrow and wife, Sybil Barrow.
Sec. 1.3. Property Owner. Loyd Barrow and wife, Sybil Barrow, or their heirs or assigns, who
are the owners in fee simple of approximately 530 acres of land in the Pyeatt Survey situated
approximately 11,000 feet northeast of the City of Paris' Wastewater Treatment Plant property,
and described below as the Property.
Sec. 1.4. Property. Approximately 530 acres of land located in the Pyeatt Survey lying
adjacent to the East boundary line of a County Road, more particularly described in Exhibit B
attached hereto.
Sec. 1.5. Application Site. A portion of Property owned by Lessor upon which stabilized
sewage sludge is to be applied, said portion of land being approximately 170 acres in area and
being more particularly described in Exhibit C attached hereto.
Sec. 1.6. Sludge. Stabilized sewage sludge from City Wastewater Treatment Processing Plant.
Sec. 1.7. Effluent. Treated wastewater from Wastewater Treatment Plant, approximately 7
miles north, 8 Degrees East of the City.
2
2. LEASE
Sec. 2.1. In consideration of the monthly rental payment hereinafter provided in Section 3. l,
Lessor does hereby agree to lease demise and let unto the City of Paris, Texas, the 170-acre tract
more particularly described in Exhibit C as the Application Site for the purpose of disposing of the
Sludge and Effluent generated by the City's Waste Water Treatment Plant. The Lease shall
include right of ingress and egress to the Application Site and all necessary easements and
rights-of-way for the City to dispose of Sludge and Effluent on the Application Site.
3. LEASE TERM
Sec. 3.1 Term. The term of this Lease shall be for a period beginning on January 1, 2011 and
ending on December 31, 2013. Within thirty (30) days of the expiration of the initial term of this
Lease, City may provide written notice to Lessor of its intent to renew and extend the Lease for
three (3) successive one-year terms, ending on December 31, 2016.
4. RENT
Sec. 4.1 City agrees to pay Lessor as rent for the land described in this Lease the amount of One
Thousand Five Hundred No/Dollars ($1,500.00) per month, with such rent being due and payable
by the fifth day of every month, the first rental payment being due on or before January 5, 2011.
5. OTHER TERMS
Sec. 5.1. Acceptance of Sludge. Lessor agrees to accept Sludge and Effluent from the Waste
Water Treatment Plant delivered to the Application Site by City in such quantities and on such
schedule as best suits the needs of the City of Paris. City shall be responsible for transport and
delivery of the Sludge and Effluent to the Application Site. City will apply Sludge and Effluent in
accordance with the City's Sludge Application Plan and in accordance with the rules and
regulations of the Texas Commission on Environmental Quality ("TCEQ"). City will maintain
records of the dates that Sludge is applied to the Application Site, and City shall be responsible for
3
all necessary State permits far Sludge application and Effluent irrigation. City shall maintain its
equipment in proper working order except that Lessor shall be responsible for the cost of repairing
damage or loss to any City equipment or pipelines on the Application Site which are damaged or
lost as a result of Lessor's or Lessor's agents or representatives negligence or intentional wrongful
act. City shall have right of access to Application Site twenty-four (24) hours a day, seven (7)
days per week for the purpose of delivering and applying the Sludge and Effluent to the
Application Site, inspecting the Application Site, maintaining, repairing and replacing pipelines or
equipment. City shall be permitted to erect a small maintenance storage building on the
Application Site if desired. City shall close gates when entering or leaving the Application Site.
Sec. 5.2. Indemnification. City hereby releases, indemnifies and holds Lessor harmless from
and against any claims, losses or damages brought against Lessor by a third party as a direct result
of the City's application of Sludge or Effluent on the Application Site. This indemnification shall
apply only to those losses or damages for which Lessor becomes liable pursuant to a final
judgment from a court of competent jurisdiction.
Sec. 5.3 Ownership ofEquipment. City shall retain ownership of all buildings, equipment and
pipelines which City installs on Application Site and may remove the same at any time during the
primary, renewed or extended term of this renewal agreement without reducing City's obligation
to perform its obligations under this contract. Lessor shall grant City easements 20 feet on each
side of buried pipelines and under any City building erected and the same shall be depicted on an
easement and recorded in the Deed Recards of Lamar County, Texas, at such time as construction
is completed. Upon such time that City no longer has a need for easements upon and across
Lessor's property; Lessor may request the City to quitclaim the easement property back to Lessor.
Sec.5.4. Crops or Hay Fields. City makes no warranty, express or implied, as to the
appropriateness or fitness of the Sludge or Effluent for fertilizing or imgating the land underlying
4
the Application Site. Lessor hereby agrees to release, indemnify and hold the City and its elected
officials, officers, agents and employees harmless from and against any claim, loss or damage to
land, crops or groundwater underlying the Application Site or Property as a result of the City's
application of Sludge or Effluent to the Application Site.
Sec. 5.5. Livestock or Horses on Application Site. LESSOR shall be solely responsible for the
safety and well-being of any livestock, horses or other animals which are allowed to graze or enter
upon the Application Site. LESSOR hereby agrees to release, indemnify and to hold City and its
elected officials, officers, agents and employees harmless from and against any loss, injury or
damage to any livestock, horses or other animals that LESSOR allows to graze or enter upon the
Application Site during the term of this lease or any extensions thereof.
Sec. 5.6. Notice. Any written notice required or permitted under the terms of this Renewal
Agreement shall be given and be deemed to have been duly served if either (1) delivered in person,
or (2) deposited certified mail, return receipt requested, postage prepaid in the united States mail,
addressed to the designated representative of the respective parties which are designated as
follows:
LESSOR:
Mr. & Mrs. Loyd Barrow
P. O. Box 551
Paris, TX 75461
CITY:
City Manager
City of Paris
P. O. Box 9037
Paris, TX 75461
With a copy to:
City Attorney
City of Paris
P.O. Box 9037
Paris, TX 75461
Sec. 5.6. Sole Agreement. That this Lease constitutes the sole and only agreement of the
parties to this Lease and supersedes any prior understandings or written or oral agreements
5
between the parties respecting the subject matter of this Lease.
Sec. 5.7. Amendments. That no amendment, modification, or alteration of the terms of this
Lease shall be binding unless it is in writing, dated subsequent to the date of this Lease, and duly
executed by the parties to this Lease.
Sec. 5.8. Non-Waiver. No waiver of the either party's rights under this Lease shall be
deemed to have been made unless expressed in writing and signed by an authorized representative
of that Party.
Sec. 5.9. Governing Law. That 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 by this
Lease Agreement are performable in Lamar County, Texas. Venue for State court actions arising
under this Agreement shall be exclusively in the courts of Lamar County, Texas; venue for federal
court actions arising under this Agreement shall be exclusively in the Federal courts for the Eastern
District of Texas.
Sec. 5.10. Successors. This Lease Agreement shall be binding upon the successors and
assigns of the parties hereto.
EXECUTED on the dates shown in acknowledgments below.
CITY OF PARIS, TEXAS
By:
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
6
LESSOR
Loyd Barrow
Sybil Barrow
ACKNOWLEDGEMENTS
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Will Biard,
Mayor of the City of Paris, Texas, known to me to be the person whose names is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
2010.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of December,
Notary Public, State of Texas
7
STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day personally appeared Loyd Barrow
and Wife, Sybil Barrow known to me to be the persons whose names are subscribed to the
foregoing instrument, and acknowledged to me t'hat they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of December,
2010.
Notary Public, State of Texas
8
EXHIBIT A
(Resolution to be attached)
A-1
~ EXH1B17 B
N .
x--
inty Roac
12
13
14
poin_t '
Bearln
Dlst+nce
, P41nt
1
S 0° 27' 11
1,845.0 ft.
17
I 2
H 90° E
415.5 ft.
la
3
S 0° E
960.0 ft.
19
4
N 90° 11
793.0 f t.
20
S
S 0° E
1,540.0 ft.
21
' 6 •
H 90" E
207.0 (t.
ZZ
7
N 0" E
115.5 ft.
23
8
H 88° 30' E
295.0 ft.
24
9
S 0' E
115.5 ft.
25
10
N 90' E
144.0 ft.
26
11
S 0" E
821.0 ft.
27
• 12
N 80': 70' E
1,467.5 (C.
Za
13 '
N 89' E
1,711.0 (t.
29
11 '
N 0° 1!
655.0 (t.
30
IS
N 80: 16' E
1,510.7 ft.
31
16 .
• H 0° 17' E
1,438.6 (t.
3z
R-7
21 ~
0
eirtn , ln
S 89' 4e' E
486.2
ft.
H 0' E
462.0
ft.
if 90' E
660.0
f t.
N 0' E
1,294.0
(t.
N 90= u
292,0
ft.
N 0" E
210.0
ft.
N 90'' N.
1,~56.0
ft: '
N 76" W
134,0
ft. •
N 62° U
134.0
ft.
N 44° 11
765.0
ft. •
N 62° u
136.0
ft.
fr 76° ft •
136.0
ft. .
S 09° 70' 11 .
1,250.0
ft.
N 89° 11
1,416.0
(t.•
N 0° E
28.0
ft.
H 90° V
1,200,0
ft.
County.Road
a 32
Situata )out 0.5 miles North 20 Degrees East o, e City of
Paris, County of Lamar, and State af 7exas, a part of the Niram
W1lbanks Survey N1007, John Cornelison Survey N1a0, and Edward
Stephens Survcy A833.
DEGINNING at a 30" oak tree for a corner at the Northwest corner
of sald Wilbanks Survey 01007, said polnt also being the Northwest
corner of a 265.13 acre tract of land conveyed to Martha Crawford
Crane by deed recorded in Vol. 281, Page 525, of the Deed Records of
satd County and State.
TNENCE South 0 Degreas 27 Mlnutas Wast a distance of 1,845 feet to
an tron pin for a corncr; ,
TiIENCE East a distance of 415.5 feet to an iron pin for a corner;
Tf{ENCE South a distance of 360 feet to an iron p1n for a corner;
T{IENCE West a distance of 393 feet to an iron pin for a corner;
TIIENCE South along the East boundary 11nc of a County road a
distance of 1,540 feet to an iron pin for a corner;
711ENCE East a distance of 247 feet;
T}iENCE North a distance of 115.5 feet to an iron pin for a corner;
THENCE North 88 Degrees 30 mtnutcs East a distance of 295 fect to
an iron p1n for a corner;
7HENCE South 115.5 feet;
7EIENCE East a distance of 144 feet to an iron p1n for a corner;
711ENCE South a distance of 824 feet to an iron p1n for a corner;
7HENCE North Da Degrces 30 minutes East a distance of 1,467.5
feet; North 89 Degrees East a dtstanco*of 1,341 feet to an iron pin
for a corner;
7NENCE North 0 Oegrees 7 mtnutes West a distance of G55 feet to a
tree for a corner;
71iENCE North QO Degrees 4G minutes East a distance of 1,510.3 feet
to an iron pin for a eorner; •
7HENCE North 0 Degrees 17 minutes East a distance of 1,438.6 feet
to an iron pin for a eorner;
7HENCE South 09 Degrces 48 mfnutes East a distance of 406.2 feet
to an iron p1n for a corner;
7{IENCE North a distance of 4G2 feet to an lron p1n for a corner;
THENCE East a distance of 660 feet to an iron pln for a corner in
the West boundary llne of a county road;
TIIENCE North a distance of 1,294 feet to an Iron pin for a corner;
TfIENCE West a distance of 292 feet to an iron pin for a corner;
T}1ENCE North a distance of 270 feot to an lron pin for a corner;
7fIENCE along the South boundary llnc of a county road as follows:
West 1,456 fcet; North 76 Dc9rces West 134 foet; North 62 Degrees Hest
134 feet; North AO Degrees Wast 165 Fcot; Nortli 62 Degrces West 17G
feet; North 76 De9rees West 136 feet; South 09 Degrees 30 minutes West
1,250 feet; North 09 De9reos West 1,446 fent; to an lron p1n for a
corner;
TtfENCE North along the Nest boundary linc of said county road a
distance of 20 feet to an lron pin for.a corner;
TIIENCE West a distance of 1,200 feet to the place of begfnninq and
containing 523,7.acres of land more or less, plus 3,6 acres that lie
in sald county roads,,makin9 a total af 527.4 acres of land.
R-7
EXH1BfT C
1
2
5.
unty Road
~
G
Po1nt
'Dearlnq
Distance
1
S 0° 27' FI
1,045.0 ft.
2
N 900 E
415.5 'ft.
]
S 0° E
360.0 ft.
4
tl 90° V
393.0 ft.
5
S 0° E
1540.0 ft.
6
N 90° E
281.0 ft.
7
N 0° E
115.5 (t.
0
11 80° JO' C
295.0 ft.
9
S 00 E
115.5 ft.
IO
II 900 E
144.0 ft.
11
S 0° E
130.0 tt.
A
H cDo 30' C
1275.0 ft.
11
N 16° JO' 4!
197010 ft.
C
S Dl° 30' E
870.0 ft.
D
N 0° E
2020.0 ft.
E
N 07° Fl
1010.0 (t.
JI
N 00 E
20,0 ft.
72
N 90° if
1200.0 ft.
.'_1
21- .
U~
12 13 14
EXHIBIT C
Located on aforementioned tract of land as described in Exhibit A,
beginning at the Northwest corner of said tract, a 30 inch Oak tree.
THENCE South 0 Degrees 27 minutes West a distance of 1845
feet to an iron pin for a corner;
THENCE East a distance of 415.5 feet to an iron pin for a corner;
THENCE South a distance of 360 feet to an iron pin for a corner;
THENCE West a distance of 393 feet to an iron pin for a corner;
THENCE South along the East Boundary of a County road a
distance of 1540 feet to an iron pin for a corner;
THENCE East a distance of 287 feet for a corner;
THENCE North a distance of 115.5 feet to an iron pin for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 295 feet
to an iron pin for a corner;
THENCE South 115.5 feet for a corner;
THENCE East a distance of 144 feet to an iron pin for a corner;
THENCE South a distance of 130 feet for a corner;
THENCE North 88 Degrees 30 minutes East a distance of 1275
feet for a corner;
THENCE North 16 Degrees 30 minutes West a distance of 1930
feet for a corner;
THENCE South 81 Degrees 30 Minutes East a distance of 830 feet
for a corner;
THENCE North a distance of 2028 feet to a point in the South
boundary line of a County road for a corner;
THENCE North 89 Degrees West a distance of 1070 feet to an iron
pin for a corner;
THENCE North along the West boundary line of said County road
a distance of 28 feet to an iron pin for a corner;
THENCE West a distance of 1200 feet to the point of beginning
and containing 171.0 acres more or less.
G2