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1466 RES COP MADE SUCCESSFUL APPLICATION FOR ACTION GRANTRESOLUTION NO. 1466 WHEREAS, the City of Paris has heretofore made successful application for an action grant from the Texas Criminal Justice Council as authorized by Resolution No. 1453; and, WHEREAS, the Medical Arts Clinic Building and grounds, at the South West Corner of 8th Street, S. W. and Bonham Street, hereinafter described as Tract 1, has been determined to be an adequate structure for renovation as a Paris Police Facility, which may be purchased for $35,000.00; and, WHEREAS, the property adjacent to said Tract l, being the L. P. McCuistion Community Hospital grounds, hereinafter de- scribed as Tract 2, may be purchased for $25,375.00 with payment being delayed until July 30, 1972 or thirty (30) days after the completion of the dismantling of the L. P. McCuistion complex, whichever is latex; axid, WHEREAS, it is deemed to the best interest of the City of Paris to purchase Tract 1 and Tract 2 described as follows: TRACT 1: Situated within the corporate limits of the City of Paris, County of Lamar, and the State of Texas, and being a part of the Asa Jarman Headright Survey and also being a part of Tract 1, and all of Tract 2, as de- scribed in a Warranty Deed, dated December 29, 1961, from the Sanitarium of Paris, to the Sanitarium of Paris, a non profit corporation recorded in Book 383, Page 256, Deed Records of Lamar County, Texas, and more fully de- scribed as follows: BEGINNING at a stake for corner at the Southwest intersection of Bonham Street and 8th Street S. W., and also being the Northeast Corner of Tract #2, of the Sanitarium of Paris, a non profit corporation tract re- ferred to above. THENCE South 75 degrees 45 minutes West with the South Boundary Line of Bonham Street 282.5 feet to a corner; THENC E South 1 degree East 87.2 feet to a corner; THENC E North 89 degrees 30 minutes East 140 feet to a corner; THENCE South 1 degree East 55.7 feet to a corner; THIIVCE North 89 degrees 30 minutes East 135 feet to a corner in the West Boundary Line of 8th Street S. W. THENCE North 1 degree West with the West Boundary Line of 8th Street S. W. 210 feet to the place of beginning, containing 0.93 acres of land. TRACT 2: Situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, and being a part of the Asa Jarman Headright Survey, and also being a part of Tract No. 1, and all of Tract No. 6, as de- scribed in a Warranty Deed, dated December 29, 1961, from the Sanrtarium of Paris, to the Sanitarium of Paris, a non profit corporation, recorded in Book 383, Page 256, Deed Records of Lamar County, Texas, and more fully described as follows: BEGINNING at a stake for corner in the South Boundary Line of Bonham Street, South 75 degrees 45 minutes West, 282.5 feet from the Southwest intersection of Bonham Street and 8th Street S. W., and being also South 75 de- grees 45 minutes West, 195.0 feet from the Northeast Corner of Tract No. 1, of the Sanitarium of Paris, a non profit corporation property; THENCE South 1 degree East 87.2 feet to a corner; THENC E North 89 degrees 30 minutes East, 140 feet to a corner; THENC E South 1 degree East, 55.7 feet to a corner; THENCE North 89 degrees 30 minutes Ea.st, 135 feet to a corner in the West Boundary Line of 8th Street S. W.; THFNCE South 1 degree East with the West Boundary Line of 8th Street S. W. 239.4 feet to a corner, same being the Northwest Intersection of 8th Street S. W. and W. Kaufman Street, and also being the Southeast Corner of Tract No. 6; THENCE South 89 degrees 17 minutes West with the North Boundary Line of West Kaufman Street 395 feet to a corner, same being the Southwest Corner of Tract #l, and also being the Southeast Corner of a tract of land deeded to the Paris Coca Cola Bottling Company by the Sanitarium of Paris by deed dated April 24, 1959, re- corded in Book 490, Page 392, Deed Records, Lamar County, Texas; THENCE North 1 degree 51 minutes West, 352.7 feet to a corner in the South Boundary Line of Bonham Street, and being also the Northeast Corner of the Paris Coca Cola Bottling Company tract; THENC E North 75 degrees 45 minutes East with the South Boundary Line of Bonham Street 128.6 feet to the place of beginning, containing 2.62 acres of land. NOW, THEZEFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, AS FOLLOWS: 1. That the Mayor of the City of Paris, James W. Farris, be, and he is hereby authorized to purchase on behalf of the City of Paris, Tract 1, described above, from L. P. McCuistion Sanitarium Foundation and L. P. McCuistion Community Hospital, a Texas non-profit Corporation, at a purchase price of $35,000.00, and the Director of Finance, H. C. Greene, be, and he is hereby directed to pay to L. P. McCuistion Sanitarium Foundation and L. P. McCuistion Community Hospital, $35,000.00 upon the tender of deed to and marketable title of said pro- perty. 2. That the Mayor of the City of Paris, James W. Farris, be, and he is hereby authorized and directed, on behalf of the City of Paris, Paris, Texas, to enter into a contract of sale and purchase with L. P. McCuistion Community Hospital, a non- profit corporation, for the purchase of Tract 2, described above, at a total purchase price of $25,375.00, in accordance with the terms and conditio ns set out in said contract of sale and purchase attached hereto as Exhibit A and made a part hereof, and that the Director of Finance, H. C. Greene, is hereby authorized and directed to pay to L. P. McCuistion Community Hospital, $25,375.00 in accordance with the terms and conditions of said Exhibit A attached hereto. EXHIBIT A SALES CONTRACT STATE OF TEXAS COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS, t h a t L. P. McCUISTION COMMUNITY HOSPITAL, a non-profit corporation, acting by and through its duly authorized agent, F. I. McClanahan, Executive Vice-President, hereinafter called SELLER, does, accord- ing to the terms and conditions herein stated, contract and agree to sell unto the CITY OF PARIS, hereinafter called PURCHASER, the following described property: Situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, and being a part of the Asa Jarman Headright Survey, and also being a part of Tract No. 1 and all of Tract No. 6 as described in a Warranty Deed dated December 29, 1961 from the Sanitarium of Paris, to the Sanitarium of Paris, a non profit corporation, recorded in Book 383, page 256 Deed Records of Lamar County, Texas, and more fully described as follows: BEGINNING at a stake for corner in the SB line of Bonham Street, South 75 degrees 45 min-des West, 282. 5 feet from the Southwest intersection of Bonham Street and 8th Street S. W. and being also South 75 degrees 45 minutes West, 195. 0 feet from the Northeast Corner of Tract No. 1 of the Sanitarium of Paris, a non profit corpor- ation property; THENCE South 1 degree East 87. 2 feet to a corner; THENCE North 89 degrees 30 minttes East, 140 feet to a corner; THENCE South 1 degree East, 55. 7 feet to a corner; THENCE North 89 degrees 30 minutes East, 135 feet to a corner in the West Boundary Line of 8th Street S. W. : THENCE South 1 degree East with the West Boundary line of 8th Street S. W. , 239. 4 feet to a corner, same being the Northwest Intersection of 8th Street S. W. , and W. Kaufman Street, and also being the Southea5t Corner of Tract No. 6; THENCE South 89 degrees 17 minutes West with the North Boundary Line of West Kaufman Street 395 feet to a corner, same being the Southwest corner of Tract No. 1, and valsa being the Southeast Corner of a Tract of land deeded to the Paris Coca Cola Bottling Compary by the Sanitarium of Paris by deed dated April 24, 1959, recorded in Book 490, page 392 of Deed Records of Lamar County, Texas; THENCE North 1 degree 51 minutes West, 352. 7 feet to a corner in the South Boundary Line of Bonham Street, and being also the Northeast Corner of the Paris Coca Cola Bottling Company tract; THENCE North 75 degrees 45 minutes East with the South Boundary Line of Bonham Street 128. 6 feet to the place of beginning, containing 2. 62 acres of land. 1. The Seller agrees to cause the existing buildings on said property to be demolished and the lot leveled and graded in accordance with the demolition contract entered into by and between it and Greb Construction, Inc., attached hereto and made a part hereof as EXHIBIT "A l, 2. Upon the existing buildings being cleared and pursuant to the agreement hereto attached with the Construction Company, the Seller agrees to deliver unto Purchaser a general warranty deed to the property and Purchaser agrees to forthwith pay unto Seller the sum of $25, 375. 00. 3. Anything above to the contrary notwithstanding, it is agreed that the consummation of this transaction shall not finally occur until on or after July 1, 1972. Purchaser 4. The Seller agrees to hold armless from any and all claims of every kind and nature arising out of or attributable to the clearing of said lot as contemplated by this agreement and any and all claims attributable to said property in any way until the property is actually conveyed by SeIler to Purchaser. 5. It is recognized that simultaneous with the execution of this agreement, the Purchaser is acquiring from Seller another tract of land adjacent to that herein described and that Purchaser would be damaged by reason of Seller failing to deliver title to the property here- inabove described for any reason, and accordingly, both Purchaser and Seller are given the right of specific performanoe against each other as to all terms and conditions of this contract. WITNESS OUR HANDS, this the day of January,, 1972 0 L. P. McCUISTION COMMUNITY HOSPITAL, a non -profit Corporation By F. I. McClanahan, Executive Vice- President SE LLE R CITY OF PARIS By PURCHASER TriE STATE OF TEXAS ~ § AGREEMENT COUNTY OF LAMAR THIS AGREEMENT ii;uue and entered into this day of December, 1971, by and between L. P. MC CUISTION COMMUNITY HOSPITAL, a Texas non-prof it corporation, acting by and through its duly authorized agent, F. I. McClanahan, Executive Vice President, hQrein called Hospital, and GREB CONSTRUCTION, INC., a Texas corpo:gation, doing business as Wright Construction Co., herein called Contractor, for the demolition~`and removal of the structures formerly comprising the old L. P. McCuistion Community Hospital located at 903 Bonham 5treet, Paris, Texas, and consist- ing of the structures hereinafter set forth, under -the following terms and conditions: l. Hospital agrees to pay to Contractor the sum of Seven- teen Thousand Five Hundred and No/100 ($17,500.00) Dollars, upon satisfactory completion of the work herein specified. 2. Contractor shall complete all work herein specified !on or before June 30, 1972. 3. Contractor agrees to remove from the premises at 903 'Bonham Street, Paris,'Lamar County, Texas, the structures formerly comprising the hospital complex and consisting of the main hospita building, being a two-story brick and masonary structure with base ment; including but not limited to the boiler room, ramps, passage- ways adjacent to the main building on the south; and the former nurses' home, known as the Martin Home, directly south of said building. All ground level concrete, including basement floors, drives and walks may be lef t in place but must be broken at inter- vals to prevent collection of water where such ar.eas are below final grade of the surrounding surface. The basement area may be filled with small rubble but this shall not include substantial amounts of wood or other materials subject to decay or decomposi- tion. The fill shall be brought to a rough grade with the surround ing surface and need not be covered with dirt. The Medical Arts IClinic and the ramp connecting the clinic to the main building ~ are excluded from the demolition work. Reasonable wear and tear excepted, ContrActor shall not permit damage to the clinic to to ex tend beyond the point of the exterior of the west wall of the mechanical equipment room of the clinic building when remov- ing the ramp connecting the main building and the clinic. 4. The walls of the structures hereinabove referred to are to be leveled to the present grade of the surrounding surtace. Additionally, the walls of the basement of trie main building are to be demolished and leveled to a point marked thereon by the City of Paris as agreed to by Contractor, Hospital and the City of Paris, acting by and through its agent, the City Manager of the City of Paris. An additional sum in the amount of Dollars sha11 be paid by Hospital to Contractor for the demolition of the basement below grade level. 5. Contractor shall furnish to Hospital acceptable evidencE that Contractor has secured Wqrkmen's Compensation and Public Liability Insurance coverage. Executed in duplicate originals on the day and year fir.st above written. L. P. MC CUISTION COMMUNITY HOSPITAL By F. I. McClanahan, Executive Vice President GREB CONSTRUCTION, INC. d/b/a Wright Constructio Co. B Y Charles Greb - 2 - ADDENDUM TO AGREEMENT by and between L. P. McCULSTION COMMUNITY HOSPITAL, a Texas non-Profit Corporation, and GREB CONSTRUCTION, IlVC., a Texas Corporation, dated December 1971. KNOW ALL MEN BY THESE PRESENTS that we, L. P. McCUISTION COMMUNITY HOSPITAL, a Texas non-profit Corporation, herein called Hospital, and GREB CONSTRUCTION, INC., a Texas Corporation, herein called Contractor, do enter into an addendum to that certain agreement made by and between the parties dated the day of December, 1971, pertaining to the demolition and removal of the old L. P. McCuistion Community Hospital located at 903 Bonham Street, Paris, Texas, said addendum being as follows: 1. The contractor agrees to break out the basement walls to a level of feet below ground level, and to fill the basement cavities with crushed rock and stone and dirt, there being only dirt in the top fe et of the f ill. 2. The hospital agrees to pay contractor an additional $750. 00 for this phase of the clearing and demolition. Otherwise, the contract dated the day of December, 1971 remains unchanged. DATED, thia the day of January, 1972. L. P. McCUISTION COMMUNITY HOSPITAL By F. I. McClanahan, Executive Vice- President GREB CONSTRUCTION, INC. By Char]e s Greb