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83-079 RES CITY COUNCIL WISHES TO CONTINUE TO ENCOURAGE GOOD WORK BEING DONE BY LAMAR COUNTY HUMAN RESOURCES COUNCILRESOLUTION N0. 83-079 WHEREAS, the City Council of the City of Paris, wishes to continue to encourage the good work being done by Lamar County Human Resources Council, Inc.; and, WHEREAS, it will be in the best interest of the senior citizens of Paris that the Senior Citizen Center lease be renewed for a terr.i of two years beginning January l, 1984 and ending December 31, 1985 in order that the Lamar County Human Resources Council, Inc, can continue to maintain a nutrition and recreation program for all senior citizens of Paris, Texas; and, WHEREAS, it appropriate that the lease of said prer.iises be in the form of Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE Cl"TY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Joe Graham, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreer:ient in the form of Exhibit A attached hereto with Lamar County Hur.ian Resources Council, Inc. Passed and adopted this 12th day of December, 1983. 9 J e Gra am, Mayor ATTEST: -w=~ X!~4 - -k H. C: re ne, City C er APPROVED A-S TO FORM: T. K. Haynes, ity Attorney EXHIBIT A LLASL AUF:EEMENT STATE OE" TEXAS ¢ COi1NTY OF LqMqR § LEASE AGxEE14I:NT between the CITY OF PARIS, a municipal corporation, acting by and thr_ough its Mayor duly authorized, hcreinafter re;erred ro as Lessor, and LAMAR COUNTY riUMAN RESOIIRCES COUNCIL, INC., Paris, Texas, acting bY ancl through its I'resident duly autherized, herein<<fter referred ro as Lessee, WITIvESSETH: For and i_n consideration of the payment to the CITY OF' PARIS, a municipal corporation, the sum of One and NoJ100 Dollar ($1.00) and other good and valuable con<;id- eration, the CITY OF PAp,I, does hereby lease, rent and let tir.ta the LAMAR CUUNTY HU1,1AN RESOURCES COUNCIL, TP1C., the properry described on Exhibit "A" attached hereto and made a par_t hereof for a11 legal purposes. The term of this Lease is ior two (2) years, beginning on the lst day or January, 1984 and ending on the 31st day of December, 1985, IN COl'dSIDERATIOTd HEREOF, it is mutually agreed by ar,d between Lessor and Lessee: 1. That Lessce will use and maintain the described preinises for a Seniox Citizens Center with Lessee rnaintaining a nutrition and recreation program far a11 seriior c.itiLens of Paris, Texas. 2. That L,essee will be responsible tor the maintenance, repair and upkeep of the said prernises, ordi- nary wear and tear excepted. 3. Lessee agrees to indemnify, save, keep and hold harr.lless Lessor from and against any and all demands, debts, liabilities, suits, clair.ls and causes of acti.on of cvery kinc; and ch<~rncter whatsoever for dar:lage or injuries to pcrsons and/or property occurring on the lease premises resulting from_ Lessee's, its rnembers, invitees, ager_ts, servants or employees' use, and Lessor sha11 not be liable to Lessee, its members, invitees, agents, servants, eriploy- ees, Iicensees or visitors due to the building or any other concliti.on of the gremises being improperly constructed, maintained or being or becoming out of repair, Lessee hereby waiving any defects ther.ein and agreeing to hold and save Lessor harmless from al1 claims for any such damages or injur.ies, and LesseP must at ail times during the term of th.is Agreeme.rit, and any extensions thereof, keep and main- tain in full force and effect a policy or policies of insur.ance, providing at Ieast $100,000.00 per person and $300,000.00 for any Cingle occurrence for bodily injury or death and $100,000.00 for_ ar,y single occurrence for injury to or destruction of property, indemnifying a1i persons for any and all clanages, persanal injuri_es or property daznages sustained in or upor the premises of said leased property, or ary part thereof, as the result of the negligence of Lessee, its members, invitees, agents, servants or employ- ees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be written and issued by a reputable insur- ance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier or carriers shall deliver a copy of any such pol- icies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certif_icate from such company or coMpanies, evider.cing the fact that such insur- ance is in fu11 fr-jrce and effect at all times during this Lease and any extension thereof. -2- 4. That_ Lessee wiJ_] not sublet the rented premi_ses, cl.r_ any part thereof, without the conserLt in writirig of Lessor first haci and obtained, provided, however, that such consent may he given by the City Manager in the event such sublecting shall not exceed one week, 5. That r.o new structures, repairs, improvements or changes in locations or otlierwise wi?1 be made to any buildings, structures, fences or other things located thereon withcut the prior written approval of Lessor. 6. That Lessor shall have the right and privi- lege of using any porti_on of said property so leased for functions sponsored by the City of Paris, or ar_y department thereof, which functiorl has been approved by the City Council of the City of Faris, which use shall be conducted oti a non-i_nterfering basis with the L,amar County Human Resaurces Council, Inc.' s prograr.l. 7. That Lessor shall have the right and privi- lege at its option to terminate this Lease for necessary municipal functions so deciared by the City Ccuncil of the City of Paris, and upon the giving of ninety (90) days written notice by Lessor, Lessee wi11 vacate such portion to be so utilized, 8. Should Lessee default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein cortained, notice thereof shall be given to Lessee by Lessor, and in the event such default, failure or refusal has not been corrected or perforned within sixty (60) days fron-, the date of such notice, ther this i,ease contract mav be terminated at Lessor's option, and it shall be iawful j=or Lessor to re-enter the leased premises and remove all persor.s, property and effects therefrori, all and evcry claim tor damages for or by reason of said re-entry being expr.essly waived. -3- 9 . A11 notices proviried for herein must be made bv regi ;.r._erec; or cert-ifi_e<i m~ii L, r.eturn receipt rnquested. WITP:I:SS our ilanc,;; this day of Deccr.lber, 1983. CITY OF PARIS By Joe Gra am, Mayor ATTEST: H. C. Greene, City C er - LESSOR APPROVED AS TO f'ORM: . Y.. Haynes , ,ity ~ttorney LM1AR COUNTY HUNtAN RESOURCF.S COUNCIL, INC. By : Rev. A, R. P,,'artin, Presi ent ATTEST: Ju y K. Norris, Secretary LESSEE STATE OF TEXAS § GQUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Joe Graham, Mayor of the City of Paris, known to me to be the per.son 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 st<::ted. GIVEPd UNDER MY HAND AND SEAL OF OFFICE this day of December, 1983. Notary Pu ic, State o Texas T'?y commission expires: -4- STATE OF TEXAS § COUNTY GF LAMAR § BEFOkE N:E, the utidersi.gned authority, on this day personally appeared Rev. A. R. Martin, President of the Lamar County Hurian kesources Council, Inc, known to me to be the person whose n.ame is subscribed to the foregoing instru- merit, and acknowledged t:o ne that he executed the sar_ie for the purposes and censideration therein expressed and in the capaci_ty thereiri stated. GIVEN UNDER MY HANU ANll SEAI, OF OFFICE this day ot Decernber, 1983. - Notary u ic, tate ot exas My commission expires: -5- EXHIBIT A Apart o1 the Larkin Rattan Survey within the Corporate Limits of the City of Paris, and of the tract of land eonveyed by Thomas Broad to H. F. Graham by deed recorded in Baok 54, Page 198, Lamar County Deed Records, described by metcs ard bounds as iol_lows in accordance with a survey made by W. R. Abbott, Regist:ered Public Surveyor, on September 18, 1968. BEGINNING at a stake at the intersection of_ the SBL of Booth Street and the WBL of 3rd Street, N.E., formerly known as 23rd Street and originally as Jefferson Street; THENCE South witli the WBL of 3rd Street N. E. 34 feet, a stake at the NEC of a tract of land conveyed by H. F. Graham to J. R. Shelton by deed recorded in Book 143, Page 146, Lar1Gr County Deed Records ; THENCE West 97 feet, a stake at the P1WC of said Graham-Shelton tract of land; THENCE North 37 feet, a stake in the SBL of Boath Street; THENCE East with the SIiL of said street 97 feet to the place of beginning; reference being made ta the above mentioned instruments axld records for zll necessary pur- goses. Being the same property conveyed to the City of Yaris by Lamar County Human Resources Council, Inc., dated May 14, 1979, recorded in Book 613, Page 766, Deed Records Lamar Caunty, Texas. -6-