06-L PJC-Sports Complex LeaseAGENDA INFORMATION SHEET
PROJECT: Consider a resolution approving and authorizing a lease agreementbetween the City ofParis and
Paris Junior College to acquire the property necessary for a multi-purpose sports center.
BACKGROUND: On February 19, 2001, City Council conducted a public hearing regarding the possible
creation of a new sports complex. Since that action, City Council subsequently approved prior Resolution No.
2001-017 requesting the donation of land from Paris Junior College far the site of said multi-purpose sports
complex. Before action was taken on approving the donation of the use of said land, the City pursued a grant
from Texas Parks & Wildlife as well as authorized aconsulting services contractwith MHS Planning & Design
to prepare a sports complex master plan. Subsequently, the City has received an approved grant from Texas
Parks & Wildlife, and has done necessary preliminary planning related to the multi-purpose sports center, and
it is now necessary to proceed to enter into a formal lease agreement with Paris Junior College to acquire the
right to use the property.
DESCRIPTION: The proposed lease agreement tracks a similar lease agreement with Paris Junior College
for Dragon Park. Specifically, the proposed lease agreement would have a term of twenty-five (25) years, or
for so long as the property continues to be used for public recreational purposes. In return for leasing the
property, the City is obligated at its sole cost and expense to constructthe necessary sports improvements and
maintain the property for the term of the lease. In addition, PJC will have the right to use the facility for
functions sponsored by PJC as long as such use does not interfere with the City's use of the property. As is
customary, the City will also indemnify PJC against any claims which arise as a result of the City's use of the
property. The agreement calls for the attachment of an exhibit (Exhibit A) which would describe the property
actually being leased. Currently, the City has a generalized tract drawing of the property as well as a general
description of the property; City Council is asked to approve the lease agreement subject to the inclusion at a
later date of a properly prepared specific survey to describe the property. Paris Junior College is aware of the
need to include this exhibit, and has no problems with including it in the lease agreement as soon as the survey
is available. The proposed lease agreement has been forwarded to PJC President Bobby Walters, and Mr.
Walters is satisfied with the lease agreement. Any Council approval will be subjectto similar approval by the
PJC Board of Regents. If changes to the lease agreement are requested by PJC, those changes will be brought
back to City Council for review.
COST: There are no lease payments required; the consideration to the College is the City's obligation to build
and maintain the sports facilities and the opportunity for the College to participate in the use of those facilities.
LOCATION: The proposed sports complex property is adjacent to the existing Civic Center property; see
enclosed map attached to the lease agreement.
RECOMMENDED ACTION: Approval of the proposed resolution and lease agreement.
STAFF CONTACT: Terry Townsend, Director of Public Parks/Parks & Recreation; Larry W. Schenk, City
Attorney; and Michael E. Malone, City Manager
SCHEDULE: This is in important step in the process of bringing the sports complex to reality.
COUNCIL DATE: Consider for approval at City Council's March 11, 2002, regular Council meeting.
ADDITIONAL MATERIALS: See enclosed draftresolution and proposed lease agreement. A similar draft
resolution has been forwarded to Paris Junior College for approval by the College Board of Regents.
DRAFT
J:WttorneyW.ICE~6WO~CURRENT\6ports Comples Lease Res.wptl
March 8, 2002
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE ASSISTANT CITY CLERK TO ATTEST TO A
LEASE AGREEMENT BY AND BETWEEN THE CITY OF PARIS AND
PARIS JUNIOR COLLEGE FOR THE LEASE OF PROPERTY
NECESSARY FOR CREATION OF A MULTI-PURPOSE SPORTS
COMPLEX; MAHING OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has received numerous
citizen inquiries and requests for consideration of the creation of a new sports complex; and,
WHEREAS, in furtherance of said compley, the City Council received a petition signed by
numerous citizens seeking City Council consideration of the creation of said sports complex; and,
WHEREAS, on Monday, February 19, 2001, the City Council ofthe City ofParis conducted
a public hearing regarding the possible creation of a new sports complex; and,
WHEREAS, Paris Junior College proposed to provide the City sufficient property as part of
the potential match for State grant funding for the siting of a new sports complex; and,
WHEREAS, the City Council, by prior Resolution No. 2001-017, adopted February 19,
2001, requested the donation of land from Paris Junior College for the site of a new multi-purpose
sports complex; and,
WHEREAS, the City Council, by adoption of Resolution No. 2001-044 on April 9, 2001,
approved a consulting services contract with MHS Planning & Design to provide necessary consulting
services to prepare a sports complex master plan, to prepare revisions to the current parks and open
space master plan, and to prepare necessary documents for submission of a grant application to Texas
Parks and Wildlife; and,
WHEREAS, as a consequence of said grant application, the City has received a$500,000.00
Texas Parks and Wildlife grant as part of the funding necessary to begin construction of the aforesaid
multi-purpose sports complex; and,
WHEREAS, the City Council has previously authorized an additional $500,000.00 in funding
far the aforesaid sports complex; and,
WHEREAS, the City Council has encouraged businesses, philanthropic organizations,
interested groups, and other individuals to make contributions to the creation of said multi-purpose
sports complex; and,
WHEREAS, other donations have been forthcoming, including donations by or on behalf of
the Paris Visitors and Convention Council, Love Civic Center, and the Lamar County Chamber of
Commerce; and,
WHEREAS, in order to proceed with the construction ofthe aforesaid multi-purpose sports
compley, the City and Paris Junior College must enter into a long-term lease agreement for the City
to acquire the necessary property far the construction of the aforesaid multi-purpose sports complex;
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. Thatthe Mayor shall be and is hereby authorized to execute and the Assistant City
Clerk to attest to a Lease Agreement, a copy of which is attached hereto and for all purposes
incorporated herein, by and between the City of Paris and Paris Junior College for the City of Paris
to lease the property necessary for construction of a multi-purpose sports complex.
Section 3. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED this l lth day of March, 2002.
Michael J. Pfiester, Mayor
ATTEST:
Thomas E. Haynes, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
LEASE AGREEMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
KNOW ALL MEN BY THESE PRESENTS:
This Lease Agreementis made and entered into this l lth day ofMarch, 2002, by and between
PARIS JLJNIOR COLLEGE, acting by and through its Vice President of the Board of Regents, duly
authorized, hereinafter referred to as "PJC," and the CITY OF PARIS, PARIS, TEXAS, a municipal
corporation, acting by and through its Mayor, duly authorized, hereinafter referred to as "CITY."
WITNESSETH
For and in consideration of the improvement of the leased property, a general description of
which is attached hereto as Exhibit A, hereinafter referred to as the "property," and the maintenance
of the improvements on the leased property, PJC does hereby lease, rent, and let unto CITY the
property described in said Exhibit A, attached hereto and made a part hereof for all legal purposes.
For and in return for such consideration, the parties agree as follows:
1. Purpose. The purpose of the lease is to establish a multi-purpose sports complex.
2. Term. The term of this lease shall begin , 2002, and shall extend for a period
of twenty-five (25) years, or for so long as the property shall continue to be used for public
recreational purposes, including, but not limited to, use as a multi-purpose sports compley, park, or
other similar facility. In the event the term of this contract shall end because the property has been
abandoned by the CITY for such public recreational purposes as described herein, the property will
revert to PJC along with any and all improvements thereon.
EXHIBIT A
-1-
3. Consideration. As consideration hereof, the CITY agrees, at its sole cost and expense, to
maintain the property described in Exhibit A for use as a multi-purpose sports complex and/or public
recreational facility throughout the term of this Lease Agreement.
4. Indemnification. The CITY agrees to indemnify, save, keep, and hold harmless PJC from
and against any and all demands, debts, liabilities, suits, claims, and causes of action of every kind
and character whatsoever for damages or injuries to persons and/or property occurring on the leased
premises resulting from CITY's, its members', invitees', agents', servants', or employees' use; and PJC
shall not be liable to CITY, its members, invitees, agents, servants, employees, licensees, or visitors
due to any condition of the property being improperly constructed, maintained, or being or becoming
out of repair, CITY hereby waiving any defects thereon and agreeing to hold and save PJC harmless
from all claims for any such damages or injuries; provided, however, that such indemnification shall
not extend to circumstances caused or resulting from the use of such property by PJC itself, its
members, invitees, agents, servants, or employees.
5. Taxes. The CITY shall hold PJC harmless for any and all ad valorem taxes, if any, which
become due and payable upon the leased property during the term of the lease.
6. Subletting. The CITY shall not sublet the leased property, or any part thereof, without the
consent, in writing, of PJC first had and obtained. This provision shall not be construed to prevent
the CITY from, and the CITY is hereby authorized to, license the temporary use of the property and
the facilities located thereon for various events or activities.
7. Use by PJC. PJC shall have the right and privilege of using any portion of said property so
leased for functions sponsored by PJC, which shall be conducted on a non-interfering basis with
CITY'S use. PJC shall be responsible for any and all damage caused to the premises as a result of
such use.
-z-
8. Default. Should CITY default in or fail or refuse to keep any of the covenants, conditions,
stipulations, and/or provisions herein contained, notice thereof shall be given to CITY by PJC, and
in the event such default, failure, or refusal has notbeen corrected or performed within sixty (60) days
from the date of such notice, then this Lease Agreement may be terminated at PJC's option, and it
shall be lawful for PJC to reenter the leased premises and remove all persons, property, and defects
therefrom, all and every claim for damages by reason of said reenhy being expressly waived.
9. Notice required. All notices provided for herein shall be made by personal service.
WITNESS our hands this l lth day of March, 2002, in multiple copies, each of equal effect.
PARIS JUNIOR COLLEGE
By:
Don Riddle, Vice President
Board of Regents
ATTEST:
Ann Wyche, Secretary
By:
ATTEST:
Thomas E. Haynes, Assistant City Clerk
CITY OF PARIS, PARIS, TEXAS
Michael J. Pfiester, Mayor
-3-
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Don Riddle, Vice
President ofthe Board of Regents of Paris Junior College, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me thathe 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 ,
2002.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, on this day personally appeared Michael J.
Pfiester, Mayor of the City of Paris, Paris, Texas, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this llth day of March, 2002.
Notary Public, State of Texas
-4-