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08-J Animal Shelter/RRVF LeaseDRAFT F:ALICE/RESWORK/CURRENT/RRVF Lease Res - Term Part Res July 6, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, EXERCISING THE CITY'S OPTION TO TERMINATE IN PART THAT LEASE BY AND BETWEEN THE CITY OF PARIS AND RED RIVER VALLEY FAIR ASSOCIATION, INC. TO DESIGNATE PROPERTY AT THE FAIR GROUNDS AS THE SITE OF THE NEW ANIMAL SHELTER; DESIGNATING THAT PORTION OF THE FAIR PROPERTY TO BE USED FOR THE CITY'S NEW ANIMAL SHELTER; PROVIDING NOTICE TO THE RED RIVER VALLEY FAIR ASSOCIATION, INC.; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council has previously directed the City Manager to locate a site for a proposed animal shelter; and, WHEREAS, the City Council finds and determines that the most practical and efficient location for the proposed new animal shelter is on a site currently within the confines and boundaries of the City Fairgrounds; and, WHEREAS, the City has previously entered into a lease agreement with the Red River Valley Fair Association, Inc. for the operation of the Fairgrounds; and, WHEREAS, paragraph seventeen of the aforesaid lease agreement provides that the City as Lessor shall have the right and privilege at its sole option to terminate the lease as to any part of the realty not improved with buildings to convert the aforesaid property to necessary municipal functions; and, WHEREAS, the City Council finds and determines it is necessary to terminate in part the existing lease agreement with the Red River Valley Fair Association, Inc. as to that property designated as the future site of the new animal shelter; 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, pursuant to paragraph seventeen of the existing Lease Agreement dated March 10, 1997, by and between the City of Paris as Lessor and the Red River Valley Fair Association, Inc. as Lessee, the City does hereby exercise its right and privilege at its option to terminate the aforesaid Lease as said Lease applies to that property identified by metes and bounds and exhibit attached hereto as Exhibit A for the purpose of utilizing said property now terminated from the existing Lease Agreement for a necessary municipal function, that is, the siting of a new animal shelter. Section 3. That the aforesaid termination of the identified property shall not affect the continued existence and effectiveness of the existing lease agreement between the parties, save and except for the property removed as part of the leasehold by adoption of this resolution. Section 4. That the Red River Valley Fair Association, Inc. will assist the City in removing any outstanding liens, if any, on the property so terminated from the Lease Agreement. Section 5. That the City Manager and the City Attorney shall be and are hereby authorized and directed to undertake any and all actions necessary to perfect and complete the process of partial termination of the Lease Agreement for the purposes of utilizing the property identified in Exhibit A for the siting of a new animal shelter. Section 6. That notice of the City Council's action shall be forwarded to the Red River Valley Fair Association, Inc., said notice to include a copy of this resolution. Section 7. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 9th day of July, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ANIMAL SHELTER Property Description SITUATED within the corporate limits of the City of Paris, County of Lamar and State of Texas, a part of the Redding Russell Survey, and being a part of the property described in deed from the Lamar County Fair Association to the City of Paris dated July 9, 1945, and recorded in Volume 274, Page 432, Deed Records, Lamar County, Texas, and being more particularly described as follows: BEGINNING at a pin (s) in the northwest corner of said fairground property being in the south boundary line of Clement Road and being in the east boundary line of 3rd Street N.E.; THENCE South 0° 03' 20" West along said 3rd Street N.E. boundary line a distance of 340 feet to a pin (s) for corner; THENCE North 89° 56' 40" East a distance of 165 feet to a pin for corner; THENCE North a distance of 340 feet to a pin (s) for corner in the south boundary line of Clement Road; THENCE West along the south boundary line of Clement Road a distance of 165.1 feet to the place of beginning, containing 1.29 acres of land, more or less. A-2