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1999-013-WISE FIELD CONCESSION LEASE AGREEMENT RESOLUTION NO. 99-013 WHEREAS, the City of Paris did heretofore advertise for bids for the leasing of the concession stand at Wise Field, located at 638 4th Street S.W., which bids were received until 3:00 p.m., Tuesday, January 26, 1999; and, WHEREAS, the best bid for such lease was made by Cherry Gillie, d.b.a Gillie's Concessions, and she should be awarded the bid for the same; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor, Charles H. Neeley, should be authorized to execute the same: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the bid of Cherry Gillie, d.b.a. Gillie's Concessions, for the lease of the concession stand at Wise Field, in the amount of $300.00 per month during the four (4) month athletic season, be, and the same is hereby, accepted and let; and, BE IT FURTHER RESOLVED, that the form of the Lease Agreement between the City of Paris and Cherry Gillie, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor, Charles H. Neeley, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with Cherry Gillie, d.b.a. Gillie's Concessions, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Charles H. Neeley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~~~ Scott P. Foster, City Attorney LEASE AGREEMENT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS Tms LEASE AGREEMENT is made and entered into this 8th day of February, 1999, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Charles H. Neeley, duly authorized, hereinafter called LESSOR, and CHERRY GILLIE, d.b.a. GILLIE'S CONCESSIONS, of Lamar County, Texas, hereinafter called LESSEE. WIT N E SSE T H: For and in consideration of the payment of the monthly rental of $300.00 during each month of four-month athletic season, same being the months of April, May, July, and August, the CITY OF PARIS does hereby lease, rent, and let unto CHERRY GILLIE, d.b.a. GILLIE'S CONCESSIONS, the concession stand located at Wise Field, a recreation area owned by the CITY OF PARIS and located at 368 4th Street S.W., Paris, Texas. The term of this Lease is for TWO (2) years, beginning on the 8th day of February, 1998, and ending on the 7th day of February, 2001, unless sooner terminated as herein specified and provided. It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to renew such Lease for an additional period of TWO (2) years, beginning February 8, 2001, and ending February 7, 2003, at the rental rate stated above. The granting of said first option is subject to the requirements set forth in paragraph 15. I f:.XHlBIT A IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE pay to LESSOR, or order, at the City Hall in the City of Paris, the agreed rental in advance, on the first day of each month of the four-month athletic season, promptly and without neglect, default and delay. 2. That LESSEE may and shall, during the four (4) month athletic season, occupy the concession stand and use the same as a concession stand, and for no other purpose. 3. That, if LESSEE shall, at any time, abandon such leased property and premises, or shall by any means evidence her desire or intention to cease to operate thereat and thereon the concession, LESSOR may, at its option, cancel this lease by action of its Governing Body, reflected in the minutes of such Governing Body, without liability to LESSEE, her heirs or assigns, and, in such event, LESSOR shall be entitled to and may dispose, as it may see fit, of any and all improvements or equipment located thereon. 4. That, if the LESSEE shall make default in the payment of any rentals due under the terrns of this Lease, then the LESSOR shall have the right to terminate said Lease by giving the LESSEE thirty (30) days notice in writing of its intention to terminate said Lease, and any and all properties, improvements, or equipment thereon located may be disposed of by the LESSOR as it sees fit. 5. LESSEE shall and must keep and maintain said leased property and premises in a clean and careful manner suffering no trespass upon the same and allowing no unclean or unhealthy condition or practice to develop thereon. 2 6. That the concession shall cover all confections, cold drinks, popcorn, candies, and assorted sandwiches, and the LESSEE shall submit a price list of proposed prices that she plans to charge. 7. LESSEE further agrees to surrender the concession premises at the end of the athletic season and return the premises to the LESSOR in as good condition as LESSEE received them, and the LESSEE will also vacate the premises should the contract be canceled for any reason. 8. It is the purpose of this Lease to grant the LESSEE the concession rights subject to the following: a. The LESSEE'S concession shall be run in an efficient and orderly manner. b. The LESSEE will be required to furnish any and all equipment needed to operate the concession. c. No alcoholic beverages of any kind may be sold by LESSEE on the premises. d. The LESSEE shall not authorize or permit any installation of any amusement devices without written consent of the LESSOR. e. The LESSEE shall have complete control of concession rights on the Wise Field premises. Private groups must obtain written permission from LESSEE for any type concession rights while this contract is in force. f. Provide the City of Paris Parks and Recreation Department a copy of the gross receipts on a monthly basis. g. Remove daily trash and debris which may be left after operations. h. Provide the City of Paris Parks and Recreation Department a copy of the appropriate State of Texas sales tax permits for the sale of goods at the concession stand. 3 9. That LESSOR shall, at any and all times, have the right to enter upon the leased property and premises for the purpose of inspecting the condition of the same and to enforce any Federal or State law or Ordinance of the City of Paris, and each and every provision of this agreement. 10. That LESSOR shall not be liable to LESSEE, her agents, servants, employees, patrons, customers, visitors, guests, or invitees for any damage or injury caused by the act or negligence of any person, or resulting from the operation of any device or equipment located upon the leased property, or any part or appurtenance thereof, nor for any damage or injury from any defect or want of repair of any structure or device on such premises; further, LESSEE agrees to indemnify, save, and keep harmless LESSOR from any and all demands, debts, liabilities, suits, claims, and causes of action of every kind on account of injury or damage to any person or property, arising from or connected with the use, occupancy, and control of said property and premises by LESSEE during the term of this Lease. 11. That LESSEE shall and must at all times during the term of this Lease keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries, or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, her agents, servants, or employees, and shall pay all premises due thereon when due. It is expressly provided that such insurance policy or 4 policies shall and must be written and issued by a reputable insurance company or companies, and must show LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE or her insurance carrier or carriers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies, evidencing the fact that such insurance is in full force and effect at all times during this Lease and any extension therefor. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 12. LESSEE shall keep and perform every agreement and covenant herein contained and shall conform to and observe all sanitary ordinances, rules, and regulations of the State of Texas and City of Paris applicable to the leased property; and in the event LESSEE shall default in any covenant, condition, provision or stipulation herein contained, this Lease may be terminated at LESSOR'S option, and it shall be lawful for LESSOR, in such event, to re- enter the leased premises and remove all persons, property, and effects therefrom and take possession thereof without liability to any person, firm, or corporation by reason of such repossession, LESSEE hereby waiving every claim for damages for or by reason of said re-entry . 5 13. That LESSOR shall have the right and privilege of using the property so leased for functions sponsored by the City of Paris, which use shall be conducted in a non-interfering basis with the LESSEE's use. 14. That the LESSOR may, at its option, terminate this Lease in the event the LESSOR desires to use the property for necessary municipal functions. 15. In the event LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of her hereunder during the primary term of this Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for a period of TWO (2) years from and after the expiration of this agreement, which option may be exercised by LESSEE giving notice, in writing, of her intention to renew said lease ninety (90) days prior to the expiration of the primary term hereof. EXECUTED IN TRIPLICATE at Paris, Texas, on this the 8th day of February, 1999. CITY OF PARIS, PARIS, TEXAS By: Charles H. Neeley, Mayor ATTEST: .Mattie Cunningham, City Clerk APPROVED AS TO FORM: Scott P. Foster, City Attorney 6 GILLIE'S CONCESSIONS By: Cherry Gillie STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared Charles H. Neeley, 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 8th day of February, 1999. Notary Public, State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Cherry Gillie, known to me to be the person whose name is subscribed co 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 February 1999. Notary Public, State of Texas 7