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2066 RES CITY COUNCIL OWNS PROPERTY WHICH MIDWEST VIDEO'S TOWER IS LOCATEDRESOLUTION NO. 2066 , WHEREAS, the City Council of the City of Paris does own the property upon which Midwest Video Corporation's tower is located; a nd, WHEREAS, the City of Paris has no other use to make of the property and is desirous of continuing to provide TV reception to its citizens by leasing said property for a term of twenty-five (25) years to Midwest Video Corporation, thereby encouraging their development of additional services for said citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the City Manager of the City of Paris, Robert W. Sokoll, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease with Midwest Video Corporation, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this lOth day of November, 1980. ~ ic ae E. alone, ayor A TTEST: ~ H. C. Gr ne, City lerk O FORM: 7ZOVEDz ~ T. K. Haynes, ity Attorney . ~ / LEASE AGP.EEMENT STATE OF TEX.AS ~ COUNTY OF LAMAR ~ This lease agreement in duplicate made and entered into by and betwPen the CITY OF PARIS, a municipal corpo- ration, hereinafter called Lessor and MIDWEST VIDEO CORPORATION, hereinafter called Lessee, WITNESSETH: That the leased premises consist of the following de- scribed property of Iessor, located in Lamar County, Texas, being a part of what is commonly know-n as the Legion Airport , properties located West of North West 19th Street in the City of Paris, Texas, and bounded as follows: Beginning at a point in a fence l:ine and an E. B. Line of said Legion AirporL properties, which point is 1103 feet West and 960 feet South of the most Easterly S. E. corner of said Legion Airport properties, said cornex being on the W. B. Line of 19th N. W. Street; Thence South with said fence and boundary liTie 600 feet to a S. E. corner of said Airport property; Thence in a Westerly direction along a South Boundary Line of said Airport property, a distance of 670 feet, more or less, a pin in an ell corner of saici Airport prop- erty; Thence North 9 Deg. 5 Min. West with an existing fence line a distance of 600 feet, more or 1ess, a pin; Thence N. 80 Deg. 25 Min. E. a distance of 654 feet, more or less to the place of beginning, containing 9.1 acres, more or less. The t erm of this lease is for twenty-five (25) years, beginning on the lst day of October, 1980, and ending on the 30th day of September, 2005. For and in consideration of the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) paid and to be paid to Lessor by Lessee, as hereinafter specified and provided, Lessor does he.reby let and lease the above described property and prPmises unto the said 11ID14EST VIDEO CORPOR.ATION for the term of twenty-five (25) years, upon the terms and conditions here- in specilied, which sum shall be payabin in twenty-five (25) EXHIBIT A to RESOLtJTION NO. 2066 equal annual installments of Five Hundred Dollars ($SQO,QO) each, r_he first installment af Five Hundred Dollars (_$5Q0.00) having been paid in advance by said Lessee,to Less.or, the receipt of which is hereby acknowledged, and a like install- ment sha11 be due and payable on the lst day af October, 1981 and on the lst day of October ot each succeeding year to and including the lst day of October, 2004, Iri consi.deratio:z hereof, it is mutually agreed by and between Lessor and Lessee as follows; (1) Lessee shall pay to Lessor or order at the office of the City Clerk in the City of Paris, Lamar County, Texas the above described and mentioned annual payments when due , strictly and promptly and without neglect, default or delay. (2) Any buildings, installations or improvements of any kind or character made and erected upon the leased prop-- erty and premises by I.essee shall be and remain the property of Lessee, shall not attach to or become a part of the realty ar.d rsay be by Lessee removed at any time prior to the expi- ration or other termination of the lease. (3) Lessee shall not and may not assign this lease or sublet the leased property and premises o1 any parC thereof without first havinb had and obtained the approval thereof by the Governing Body of the City of Paris, (4) Lessee will not use or permit the use of any part of the leased oroperty and nrenises for any purpose whatever other than the use thereof as an incident to the raaintenance anci operation of a community television antenna system, (5) Lessee shall at all times keep the leased property and premises reasonably clear of weeds, grass, and brush which. might constitute a fire hazard and shall not at any time allow to exist any other condition which would produce a fire hazard at or upon any part= or portion of such leased premises, . . . . . . ....,.,-~.e,.a.W4:4E,. (6) 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 damage or injuries to persons and/or property occurring on the leased premises re- sul-tl-ing from Lessee's, its members, invitees, agents, servants or employees" use, and Lessor shall not be liable to Lessee, its members, invitees, agents, servants, employees, licensees or visitors due to the building or any other condition of the premises being imp.roperly constructed, maintained or being or becoming vut of repair, Lessee hereby waiving any defects there- in and agreeing to hold and save Lessor harmless from all claims for any such damages or injuries, and Lessee must at all times during the term c£ this agreement, and any extensions.thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at l.east $100,000.00 per person and $300,000.00 for any single occurrence for bodily injury or death and $25,000.00 for an_y single occurrence for injury to or destruction of property, inderlnifying all persons for any and all damages, persor.al injuries or property damages sus- tained in or upon the prenises oi sai.d leased property, or any part thereof, as the result of tile negligence of Lessee, its members, invitees, agents, servants or employees, and shall pay all premiur.is due thereon when due. It is expressly provided that such insurance palicy or policies shall azd must be written and issued by a reputable insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier or carri.ers shall deli.ver a copy of any such policies to the CiCy Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such conpany or coznpanies, evidencing the fact that such insurance is in fu11 force and effect at all times during this lease and any extension thereof, (7) Should Lessee at any time default in any of the covenants, conditions, provisions and stipulations herein contained, this agreement may be terminaCed at Lessor's option and it shall be lawful for Lessor to re- enter ti,e leased premises and remove all persons, property and ef_fects therefrom without prejudice to any legal rights Lessor rnay have had against Lessee for the collection of rentals or otherwise, any and every claim for damages for or by reason of said re-entry being hereby expressly waived. (8) A first lien is hereby expressly given and re- tained on all of Lessee's Froperty and effects which may be located upon the leased premises to secure Lessar in the performance of this lease agreement by Lessee according to its face and tenor, effect and reading, (9) In the event Lessee shall hold over such prem- ises or any part thereof after the expiration of this lease, the rental for the use and occupancy of the same shall be at the rate of Five Hundred Dollars ($500,00) per year, (10) It is specifically understood, agreed and stipu- lated that this lease is made, executed and entered into by and between the parties hereto with the express purpose and intention that it shall be for the purpose of distribution of television signals to the residents of the City of Paris. IN WITNESS WHEREOF, the City of Paris, a municipal corporation, has caused these presents to be executed by its City Manager and attested by its City Clerk as evidenced by the authority of a resolutian adopted by the City Council of the City of Paris in regulax session cnnvened on the lOth day of November, 1980, and Midwest Video Corparation, a corpo- ratyon, has auly caused these presents to be executed by its President, duly authorized hereunto, and atCested by its Secretary, on the date shown in the acknowledgements com- pleted below. CITY OF PARIS By Ro ert W. o o , ity anager ATTEST: H. C. Greene, City C er APPROVLD AS TO FORM; T. K. Haynes, City Attorney MIDWEST VIDEO CORPORATION Bv J G. R. Morre , Presi ent ATTEST: R. A. Li e, Secretary STATF OF TEXAS X COUNTY OF LAi1AR ~ LESSOR LESSEE BEFORE ME, the undersigned authority, on this day per- sonally appeared ROBERT W. SOKOLL, City Manager of the City of Paris, 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. GIVEPZ UNDER MY HAND AND SEAL OF OFFICE, this day of November, 1980. Notary u ic, tate o exas STATE OF ARKANSAS X COUNTY OF PULASKI ~ BEFORE ME, the undersigned autlzority, on this day per- sonally appeared G. R. MORRELL, President of Midwest Video Corporation, known to me to be the person whose name is sub- scribed 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 Plovember, 1980, IVotary u ic, Pu as i County, Ar ansas