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1997-047-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY OF APRIL 1997 RESOLUTION NO. 97-047 WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of April, 1997, in Resolution No. 97-043, authorize the advertisement for bids for leasing the amusement park area of Culbertson Park, which bids were received until 10:00 a.m., Monday, May 12, 1997; and, WHEREAS, the best bid for such lease was made by Mike Grigsby, and he 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 of the City of Paris, Eric S. Clifford, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OJ;' THE CITY OF PARIS, that the bid of Mike Grigsby for the lease of the amusement park area of Culbertson Park, in the amount of ten percent (10%) of the gross receipts accruing to and from the operation of the amusement center, be, and the same is hereby, accepted and let; and, BE IT nJRTHER RESOLVED, that the form of the Lease Agreement between the City of Paris and Mike Grigsby, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT }'URTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with Mike Grigsby upon the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 12th day of May, I ~ ATTEST: Mattie Cunningham, City Cler APPROVED ~- T. K. Haynes, City Attorney LEASE AGREEMENT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS THIS LEASE AGREEMENT, made and entered into this 12th day of May, 1997, by and between the CITY OF PARIS, Paris, Texas, a municipal corporation, by and through its Mayor, Eric S. Clifford, duly authorized, hereinafter called LESSOR, and MIKE GRIGSBY, of Lamar County, Texas, hereinafter called LESSEE, WITNESSETH: For the term and consideration, and upon the terms, specifications and conditions herein prescribed and specified, LESSOR does hereby let and lease to LESSEE, MIKE GRIGSBY, all that portion of Culbertson Park, a recreation area owned by said CITY OF PARIS, bounded on the North by Neathery Street, bounded on the East by 17th Street, SE, bounded on the South by East Hearon Street, and bounded on the West by a fence running due North and South from Neathery Street to East Hearon Street, which fence is located on the West side of the miniature golf course now existing on the area involved, being the area now under fence on the extreme East portion of Culbertson Park. The tenn of this lease shall be for a period of two (2) years from and after May 15, 1997, that is from May 15, 1997, through May 14, 1999, at which time and on which date the same shall terminate, unless sooner tenninated as herein specified and provided, during which term LESSEE may and shall occupy the same and use the same as an amusement and recreation center, and for no other purpose, on consideration of and for which, LESSEE, MIKE GRIGSBY, contracts, agrees and obligates himself, his heirs and assigns, that he will pay and deliver over to the City Clerk of the City of Paris, monthly, on the 1st day of each month, hereafter, during the term of said lease, a certified statement of the gross receipts accruing to and from the operation of the amusement center and each facility thereoffor the immediately preceding month, therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (10%) of said gross receipts, income from the operation of the miniature golf course, or any other amusement placed on and used in the aforesaid In the event that LESSEE shall keep each and every agreement contained herein and do and perform all the obligations required of LESSEE hereunder during the term of this lease, an option is hereby given and granted to LESSEE to renew and extend this lease for an additional period of two (2) years from and after the expiration of this agreement, for and in consideration of the delivery of monthly payments, on the 1st day of each month, to the City Clerk of the City of Paris, during the term of said two year option period, a certified statement of the gross receipts accruing to and from the operation of the amusement center and each facility thereof for the immediately preceding month therewith paying and delivering to the City of Paris as rental or lease money a sum equal to ten per cent (10%) of said gross receipts, income from the operation of the miniature golf course, or any other amusement placed on and used in the aforesaid property. Said option may be exercised by LESSEE'S giving notice in writing of LESSEE'S intention to renew said lease on or before the 1st day of March, 1999. In consideration whereof, LESSOR and LESSEE mutually agree as follows: (I) That LESSOR let and lease to LESSEE the above described property and premises at the rental and for the term and consideration hereinabove set out, and upon the covenants and conditions herein specified. (2) If LESSEE shall at any time abandon such leased property and premises, or shall by any means evidence his desire or intention to cease to operate thereat and thereon .an amusement and recreation center, then 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, his 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. (3) That if the LESSEE shall make default in the payment of any rentals due under the terms 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. leaves have fallen from the trees, it will be the LESSEE'S responsibility to remove all leaves from said premises. All bags of leaves and trash shall be removed from premises within 24 hours of the time the trash and leaves are collected. Grounds maintenance shall include the entire area listed in the second paragraph on the 1st page of this agreement. That the LESSOR agrees that in the event any trees located upon said premises shall die or shall become mutilated by the loss of limbs or portions oflimbs, that LESSEE will remove the same, by removing the dead limbs or the dead tree, if any, or any portion of limbs that may become damaged from the tree and trom the premises at the expense of the LESSEE. (5) That at no time during the term of this lease shall LESSEE permit or allow any excessive noises on or in connection with the operation and use of said leased premises, including among other things, playing of any loud music, or any other noise which would constitute a nuisance to the people residing in the vicinity of such leased premises'. That a breach of any part or portion of this section shall at the option of the LESSOR work a forfeiture of this lease. (6) LESSEE further agrees, contracts and obligates himself, his heirs and assigns, that such amusement and recreation center, and all facilities thereof, will be closed to the public, and the same shall not and will not be open to the public for any purpose after 12:00 o'clock midnight at any time during this lease. (7) LESSEE shall not install, erect or provide any amusement or recreation device, in addition to such devices and equipment presently located at and in use and in connection with the operation of the leased premises, the written without tirst securing permission for such installation or provision from the City Manager of the City of Paris. (8) 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. (9) LESSOR shall not be liable to LESSEE, his agents, servants, employees, patrons, customers, visitors, guests or invitees, for any dama.ge or iniury caused bv the act or negligence of 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, (10) LESSEE shall and must at all times during the term of this agreement 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 occurrencefor 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, his agents, servants or employees, and shall pay all premises due thereon when due It is expressly provided that such insurance policy or 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 his 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 sllch 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. (11) LESSEE shall keep and perfonn every agreement and covenant herein contained and shall confonn 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 agreement 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, EXECUTED IN TRIPLICATE at Paris, Texas, on this the 12th day of May, 1997. CITY OF PARIS Eric S. Clifford, Mayor LESSOR ATTEST: ,Mattie Cunningham, City Clerk Mike Grigsby LESSEE APPROVED AS TO FORM: T. K. Haynes, City Attorney STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, 011 this day personally appeared Eric S. Clifford, Mayor of the City of Paris, 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 12th day of May, 1997. Notary Public State of Texas STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Mike Grigsby, 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.