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1449 RES MAXEY MUSEUM PROPERTY 812 CHURCH ST HAS BEEN CONVEYEDRESOLUTION NO. 1449 WHEREAS, the Maxey Museum property, 812 Church Street, Paris, Texas, has been conveyed to the City of Paris; and, WHEREAS, the Maxey Museum property was accepted by the City of Paris by Resolution No. 1448 , conditio ned upon the continued operation of the museum by the Lamar County Historical Society, Inc.; and, WHEREAS, the Lamar County Historical Society, Inc. should be granted and given a lease of the Maxey Museum pro- perty, which lease shall cover the terms, covenants and con- ditions under which it shall have exclusive possession of the premises; NOW, THER EFOR E, BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, Thatthe Mayor of the City of Paris, James W. Farris, be, and he is hereby authorized to execute a lease agreement between the City of Paris, Paris, Texas, as Lessor and the Lamar County Historical Society, Inc., as Lessee, in the form approved, a copy of which is attached hereto as Exhibit A and made a part hereof. Passed and adopted this 8th day of November, 1971. ATTEST:, / . . ( . ~ , ( H. C. Greene, City Clerk y OVED S FORM: . T. K, n, City Attorney I+Ir2ST TR1CT: A part of the Larltiin Ratitan O'urveJ wi-c'.1in -tne corporate limi-Us oi -Giie City of l'aris, described oy metes and bounds as foliows in accordance wit'r_ a survey made by W. R. Aooott, i~egiszered 6ur- veyor, on -the 27-cn day of April, 1966: I3.,!',GII`i,vl-NG -i*c a staite a ~ -(;rie 'Northeast corner o:i a briclc marker nt the intersec tion of -cne South Bound- ary Line of Wasnin,;LOi: Street with the West Bour.Clary I,ine of Churcn Stree t; TFalC~, Sou-th along the West Bou;zdarJ ne ol- Church Streei:, a distance oi 256 fee-t to a stakc for corr.er at -cne iV'ortheas t corner of utrac -'u of lana conveyed Paul rranltlin by deed recorded in Vol. 361, Page 117, of the Deed Records of I,amar Count-y; Tii:EiVCE West a distance of 282 :feet, a stzke for corner; THiin1CE Vorth a disl;ance of 262 feet, a. st-alcc ior corner in the South Boundary line of Wasnington Street.; TiiENCE F,ast along -che Sout-h Boundary line oy Wash- ington Street a distance of 285 feet to the place of 'oeginning. SECOND TR.ACT : A par-l: of -the Larkin Rattan Sur_vey wit7iin ;:-Ae corporate limits of the Cit,y of Paris, described by metes and bounds as follows in Accordance with a survey made by W. R. Abool;t, Registered Public Sur- veyor, on the 27th day of April, 1966: BEGINNING at a staite for corner at the Northwesl: corner of a tract of land conveyed Paul Franltlin by deed recorded in Book 361, Page 117, of the Deed Rec- ords of Lamar County; THr.NCE West a distancn of 52 feet, a stake for corner, said point beinir 262 ieet South of tne Souc:. Boundary line of Washington S-treet; THENCE South a distance of 90 feet, a stake for corner; TFiI'iVCE East A distuance of 52 feet, a s-talce for corner at the Southwest corner of said Franklin tract of land ; THENCE North a distance of 90 feet to the place of beginning. Ref er_ enc e is made 1;o all c.1e apove men-Lioneu ins trur„en ti, and records for all necessary purposes, the above describea two tracl;a of land bein^; the same two tracts of land conveyed by Alice Fairfax Stone and others tio LAmar County Iiistorical Society, Inc. on December 27, 196? by deed recorded in Book 405, Page 354, Lamar County Deed Records. TO HAVE AND TO HOLD the rented premises un'to I,essee for the term hereof, upon the covenants and conditions hereinafter set forth. II. The term of this lease is twenty-five (25) years, beginning the lst day of November, 1971 and ending the 31st day of October, 1996, in consideration whereof Lessee covenants and agrees to and with Lessor to pay Lessor as and for rent One and no/100 ($1.00) Dollars, receipt of which is aclnowledged. - 2 - III. Lessor shall perpetually maintain the lands and premises herein above described; PROVIDED, HOWEVER, Lessee shall be re- sponsible for the covenants in this lease contained on its paxt to be kept and performed. IV. The rented premises are leased to be used for a museum; and during the term of this lease Lessor agrees to keep the premises free and discharged of liens and encumbrances affect- ing the leasehold interest created hereby; and further cove- nants that Lessee shall have continuous, peaceful, uninterrupted and exclusive possession, and quiet enjoyment of the premises covered by this lease, so long as Lessee continues to operate the premises as a public museum, and in the event of failure to so operate shall immediately forfeit all rights under the lease and relinquish possession of the sameo V. Lessor and Lessee covenant and agree as follows: a. Lessor shall not be liable to Lessee of Lessee's employees, customers or invitees for any clamage to such person or party's person or property on account of Lessee's use of the rented premises, or the condition thereof and Lesse2 agrees to hold forever harmless Lessor of and from any and all claims, suits or causes of action growing out of Lessees use of the rented premises. b. Lessee, at its own cost and expense, shall be responsible for any restoration, upkeep or repair of the rented premises. c. Lessor shall not be obligated to carry insurance on the rented premises or the contents thereof and in event Lessee desires to carry such insurance it shall be at the expense of Lessee. d. Any funds or monies received by Lessee in the operation of the museum shall belong to Lesseeo e. Lessee, during the term of this lease, shall have absolute contxol over the museum, its operation and the exhibits displayed therein. f. Lessee may, at its option and discretion, place improvements on the leased premises and make any repairs or additions to the i.mprovements on the rented premises at any time it may deem necessary - 3 - 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 SEAI, OF OFFICE this the day of , 1971. otary Pub'lie, le-mar ounty, Texas THE STATE OF TEXAS ) COUNTY OF LAMAR ~ BEFORE ME, the undersigned au-t;hority, a notary public in and for said county and state, on this day personally appeared Margie Lou Hubbard, President of Lamar County Historical Society, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me thatshe executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GI-ti~EN-DER MY HAND AND SEAL OF OFFICE this the day O.f !r"ILg,t/ , 1971. ~ , Notary ic ar County, Texas - 5 -r