26 - RED RIVER VALLEY VETERANS' MEMORIAL LEASE AMENDMENTItem No. 26
memorandum
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: RED RIVER VALLEY VETERANS' MEMORIAL LEASE AMENDMENT
DATE: June 15, 2015
BACKGROUND: Paris owns property adjacent to the Love Civic Center, on which the Red
River Valley Veterans Memorial is constructing a memorial facility. The memorial board leases
the property from the city, but actually has a management agreement with the Love Center Board
of Directors. This agreement is Exhibit C to the city's lease.
STATUS OF ISSUE: As I reported to you previously, the Civic Center recently met with the
city and Veterans Memorial seeking to transfer the management agreement to the city. As the
owner of the property, it certainly seems to make the best sense for the city to be in charge of
overseeing management of the site. The attached document is very similar to the existing
agreement, other than the responsible parties.
In addition, in 2014 the city council approved a lease amendment providing for a larger site for
the memorial. That approval contained an error in the legal description, so we need to re-
approve that change with the correct metes and bounds, attached.
BUDGET: NA
RECOMMENDATION: Approve amendments to existing lease.
EXHIBIT C: MANAGEMENT AGREEMENT
1. Red River Valley Veterans Memorial, Inc. ( "Veterans Memorial') and the City of Paris ( "City ")
enter into a Management Agreement whereby Veterans Memorial will provide funding for the upkeep
and maintenance of the Red River Valley Veterans Memorial, and City agrees to oversee and manage
the upkeep and maintenance of the Memorial Park with all funding provided by Veterans Memorial.
2. This Management Agreement shall become effective upon its execution by both parties hereto,
and when Veterans Memorial delivers a letter to the City formally requesting that City begin managing
the maintenance of the Memorial Park.
3. Veterans Memorial agrees to maintain a balance of $25,000.00 in a Red River Valley Veterans
Memorial Perpetual Care Fund with a local, federally- insured financial institution in Paris, Texas to
provide for the upkeep and maintenance of the Memorial Park and to keep the land and premises clean,
free of trash, litter, tall grass and weeds and in overall good condition.
4. The cost of all maintenance, upkeep, and repair of the Memorial Park shall be the sole
responsibility of Veterans Memorial, and shall be funded through the Red River Valley Veterans
Memorial Perpetual Care Fund.
5. City agrees to keep the memorial site free of litter, trash, tall grass, and weeds and in good
order and condition. Veterans Memorial shall pay directly to contractor(s) and other vendor(s) who
shall be employed by City for purposes of maintaining the Memorial Park.
6. The executive board of Veterans Memorial shall meet with City at least once annually to
discuss maintenance and upkeep of the Memorial Park and to make decisions about necessary repairs
and /or improvements.
7. Veterans Memorial shall make periodic deposits to the Perpetual Care Fund to ensure that it is
sufficiently funded to meet all the maintenance, upkeep, and repair demands of the Memorial Park.
This obligation shall extend to the land and to all improvements located thereon.
8. Should the balance of the Perpetual Care Fund fall below $20,000.00, City shall notify Veterans
Memorial of said shortage and require remedial action within 180 days of receipt of written notice.
9. During the term of this Management Agreement, and any extensions thereof, the City agrees to
add the Red River Valley Veterans Memorial under its general liability insurance provided Veterans
Memorial timely reimburses the City for 100% of the total cost to cover Veterans Park land and
improvements. Veterans Memorial shall further be solely responsible for paying 100% of any insurance
deductible due for any insurance claim filed against the general liability insurance policy for accidents or
injuries arising on the Veterans Park property and improvements.
10. Veterans Memorial does hereby agree to release, indemnify and hold City and its officers and
employees harmless from and against any and all demands, debts, liabilities, suits, claims, and causes of
action of every kind and character whatsoever for damage or injury (including death) to persons and /or
property occurring on the Land or leased premises and resulting from Veterans' Memorial invitees,
guests, agents, servants, or employees' presence upon, use, occupancy or enjoyment of the Land and
leased premises. City shall not be liable to Veterans Memorial invitees, guests, agents, servants,
employees, or visitors due to the improvements located thereon, or hereafter constructed, or any other
condition of the Land and leased premises being improperly constructed, maintained, or being or
becoming out of repair. Veterans Memorial hereby waives any defects on the Land and /or leased
premises and agrees to hold and save City harmless from all claims for any such damages or injuries.
11. Veterans Memorial agrees to take every reasonable effort and accommodation to ensure
accessibility to the memorial by persons with disabilities.
12. The waiver by City of any breach by Veterans Memorial of the terms, covenants, conditions, or
provisions of the Management Agreement shall not be deemed to be a waiver of any other breach of
the same or other term, covenant, condition, or provision of this Agreement terminated for any of the
reasons set out above and shall not bar the right of City to subsequently terminate this Management
Agreement for any of the reasons set out above.
13. That, in case any one or more of the provisions contained in the Agreement shall, for any
reason, be held by a Court of competent jurisdiction to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the
Agreement, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision
had never been included in the Agreement.
14. That this Management Agreement constitutes the sole and only agreement of the parties to
this Agreement and supersedes any prior understandings or written or oral agreements between the
parties respecting the subject matter of this Agreement.
15. That no amendment, modification, or alteration of the terms of this Management Agreement
shall be binding unless it is in writing, dated subsequent to the date of this Agreement, and duly
executed by the parties to this Agreement.
16. The term of the Management Agreement shall end upon the expiration or termination of the
Lease Agreement between Veterans Memorial and the City of Paris for the Memorial Park situated on a
1.2786 acre tract of land more particularly described in Exhibit "A" to the Lease Agreement.
RED RIVER VALLEY VETERANS MEMORIAL, INC.
By:
Name:
Title:
CITY OF PARIS, TEXAS
Dr. Arjumand Hashmi, Mayor
ATTEST:
Janice Ellis, City Clerk
Date:
Date:
0.3764 Acre
Lamar County, Texas
George W. Cox Survey A -164
March 2015
Being 0.3764 acre of land situated within the corporate limits of the City of Paris, Lamar County, Texas, said
0.3764 acre being part of the George W. Cox Survey, Abstract Number 164 as well as being part of a called
15.248 acre tract of land conveyed from Paris Junior College to the City of Paris on June 18, 1990 and
recorded in volume 1217, page 262. The said 0.3764 acre being more fully described by metes and bounds
as follows:
Beginning at a % inch iron rod found at the Southeast corner of the aforementioned called 15.248 acre
City of Paris tract, said rod also being in the current most Southern North boundary line of a called 55.91
acre tract of land conveyed from Bedford E. Booth and Malvina Booth to Paris Junior College District on
May 22, 1956 and recorded as the first tract in volume 350, page 172, from said rod a % inch iron rod found
at the Eastern most Northeast corner of said called 15.248 acre City of Paris tract bears North 799.80 feet,
Thence West, along the common boundary line of the aforementioned called 15.248 acre City of Paris
tract and the aforementioned called 55.91 acre Paris Junior College District tract a distance of 125.17 feet to
a '/2 inch capped iron rod found;
Thence North, a distance of 131.00 feet to a %s inch capped iron rod found;
Thence East, a distance of 125.17 feet to a %2 inch capped iron rod set in the common boundary line of the
aforementioned called 15.248 acre City of Paris tract and the aforementioned called 55.91 acre Paris Junior
College District tract, and from said rod the aforementioned % inch iron rod found at the Eastern most
Northeast confer of said called 15.248 acre City of Paris tract bears North 668.80 feet;
Thence South, along the common boundary line of the aforementioned called 15.248 acre City of Paris
tract and the aforementioned called 55.91 acre Paris Junior College District tract, a distance of 131.00 feet to
the Point of Beginning and containing 0.3764 acre of land.
The East boundary line of the aforementioned called 15.248 acre City of Paris tract was used as Reference
Bearing (North) for the above described 0.3764 acre.
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR, #5892, STATE OF
TEXAS, HEREBY CERTIFY THE ABOVE IS TAKEN FROM MEASUREMENTS MADE UPON THE
GROUND, CONDUCTED BY ME AND COMPLETED ON MARCH 06, 2015
KEVIN K. WHITLE t LS DATE
9
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GEORGE W. COX SURVEY
A -164
CITY OF PARIS
RP VOL 1217, PG 262
CALLED 15.248 ACRES
CIRF
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EAST 300.00'
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I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND
SURVEYOR FOR THE STATE OF TEXAS, RPLS #'5892, DO
HEREBY CERTIFY THAT THE PLAT SHOWN HEREON
REPRESENTS AN ACTUAL ON —THE— GROUND SURVEY
MUD , COMPLETED ON MARCH 06, 2015.
EVIN K. WHITLEY .'', RPLS
NOTES
1. A ONE PAGE MEETES AND SOUNDS
DESCRIPTION ACCOMPANIES THIS PLAT.
2. NO EASEMENT RESEARCH WAS
CONDUCTED FOR THE PREPARATION OF
THIS PLAT. THERE MAY EXIST
EASEMENTS NOT SHOWN HEREON.
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REGENTS OF PARIS JUNIOR COLLEGE
DR VOL 350, PG 172
FIRST TRACT
CALLED 55.91 ACRES
RED RIVER VALLEY VETERANS
MEMORIAL GARDEN
0.3764 ACRE
CITY OF PARIS
LAMAR COUNTY, TEXAS
MARCH 2015
LEGEND
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POS
POINT OF BEGINNING
— — —
— ADJOINING PROPERTY LINE
REGENTS OF PARIS JUNIOR COLLEGE
DR VOL 350, PG 172
FIRST TRACT
CALLED 55.91 ACRES
RED RIVER VALLEY VETERANS
MEMORIAL GARDEN
0.3764 ACRE
CITY OF PARIS
LAMAR COUNTY, TEXAS
MARCH 2015
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REGENTS OF PARIS JUNIOR COLLEGE
DR VOL 350, PG 172
FIRST TRACT
CALLED 55.91 ACRES
RED RIVER VALLEY VETERANS
MEMORIAL GARDEN
0.3764 ACRE
CITY OF PARIS
LAMAR COUNTY, TEXAS
MARCH 2015