1996-091-RES WHEREAS, CITY COUNCIL IS INTERESTED IN COOEPRATING WITH AND SUPPORTING THE BOYS CLUB
RESOLUTION NO. 96-091
WHEREAS, the City Council of the City of Paris is interested in cooperating with and
supporting the Boys Club of Paris in its good work with the youth of our community; and,
WHEREAS, the City of Paris owns the ball park and facilities known as "Reece Field"
and is desirous of making the same available to the Boys Club of Paris for its use during the
months of April, May, June and July of each year for five years, beginning in 1997; 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 OF THE CITY OF PARIS, that the
form of the Lease Agreement with the Boys Club of Paris, attached hereto as Exhibit A, be, and
the same is hereby, approved; and,
BE IT FURTHER RESOLVED, that Eric S. Clifford, Mayor of the City of Paris, be,
and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease
Agreement with the Boys Club of Paris for the use of "Reece Field" during the months of April,
May, June and July of each year for five years, beginning in 1997, under the terms and
conditions and in the form shown in Exhibit A, attached hereto,
PASSED AND ADOPI'ED "';, 12'" d,y of ~
Eric S. Clifford, Mayor
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ATTEST:
~~~ \. \\, ~l"<'.r-~ . -~ ~C)N'fL
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
, ld~o~;J
T. K. Haynes, City Attorney
LEASE AGREEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
THIS LEASE AGREEMENT is made this 12th day of August, 1996, by and between
the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its
Mayor, Eric S. Clifford, duly authorized, hereinafter referred to as LESSOR, and the BOYS
CLUB OF PARIS, 1530 1st Street N.E., Paris, Lamar County, Texas, acting by and through
its President, Joe Bob Margraves, duly authorized, hereinafter referred to as LESSEE.
WITNESSETH
For and in consideration of the payment to the CITY OF PARIS the sum of ONE AND
NO/lOO DOLLAR ($1.00), and other good and valuable consideration, the CITY OF PARIS
does hereby lease, rent and let unto the BOYS CLUB OF PARIS the following described
property:
All that certain tract of land located in Paris, Lamar County, Texas, to-
wit:
BEGINNING at a point a distance of 300 feet west of the intersection of
the North Boundary Line of Hickory Avenue with the West Boundary Line of
Fitzhugh Avenue, also designated as 9th Street N.E., the same being the southeast
comer of a 12 acre tract of land sold to the Lamar County Fair Association by
H. E. Clement Estate in 1936, described in deed recorded in Volume 245, Page
575, Deed Records, Lamar County, Texas;
THENCE North a distance of 600 feet;
THENCE West a distance of 600 feet;
THENCE South a distance of 600 feet;
THENCE East a distance of 600 feet to the place of beginning, being the
same property leased by the City of Paris to the Paris Baseball Club, since named
"Reece Field".
The term of this Lease shall be for the months of April, May, June and July each year
for FIVE (5) years, beginning on the 1st day of April, 1997, and ending on the 31st day of July,
2001.
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It is further agreed to by LESSOR and LESSEE that LESSEE shall have the option to
renew such Lease for an additional period of FIVE (5) years.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE will be responsible for the maintenance, repair and upkeep of the said
premises, ordinary wear and tear excepted, SAVE AND EXCEPT the Parks Department of
LESSOR will continue to do its routine upkeep of the leased premises.
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2. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR 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 LESSEE's, its invitees', agents', servants' or employees' use,
and LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors
due to the improvements located thereon, or hereafter constructed, or any other condition of the
premises being improperly constructed, maintained or being or becoming out of repair; LESSEE
hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims
for any such damages or injuries, and LESSEE 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, its invitees, agents, servants or employees, and shall pay all premiums 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, with LESSOR as an
additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE,
or its insurance carrier or carriers, shall deliver a copy of any such policies to the City Clerk
of the City of Paris, 150 1st Street S,E., Paris, Texas 75460, 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 specifically noting thereon
that LESSOR is an additional insured. 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.
3. That LESSEE will not sublet the rented premises, or any part thereof, without the
consent of LESSOR, in writing, first had and obtained; provided, however, that such consent
may be given by the City Manager in the event such subletting shall not exceed one (1) week.
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4. That LESSEE has the right, but no obligation, to replace and repair fences, the
location of same to be approved by LESSOR, who hereby authorizes its Director of Parks to
approve the same.
5. That LESSEE shall not install, erect or provide any device in addition to such devises
and equipment presently located at and in use and in connection with the operation of the leased
premises.
6. That LESSEE shall not commit, or suffer to be committed, any waste on the leased
premises, nor shall LESSEE maintain, commit or permit the maintenance or commission of any
nuisance on the leased premises or use the leased premises for any unlawful purpose. LESSEE
shall not do or permit anything to be done in or about the leased premises which shall in any
way conflict with any law, ordinance, rule or regulation affecting the occupancy and use of the
leased premises which is or may hereafter be enacted or promulgated by any public authority,
or suffer to be committed any waste on the leased premises, or allow the premises to be used
for any improper, immoral or unlawful purpose.
7. That it shall be lawful for LESSOR to enter upon and into the leased premises and
every part thereof at all times for the purpose of inspecting and examining the condition thereof.
8. That LESSEE will take good care of the leased premises and be responsible and make
good to LESSOR all injuries and damages to the same caused by LESSEE, or those under it,
and will deliver same to LESSOR on the 31st day of July of each year during the term of this
Lease and at the expiration or termination of this Lease, in as good condition as when received,
usual wear and tear alone excepted, and LESSEE will, on the 31st day of July of each year
during the term of this Lease and upon the expiration of this Lease, peaceably yield up to
LESSOR all and singular the premises and all erections, additions or repairs to or upon same,
in good repair.
9. That LESSOR shall have the right and privilege of using any portion of said property
so leased for functions sponsored by the City of Paris, or any department thereof, which function
has been approved by the City Council of the City of Paris, and which use shall be conducted
on a non-interfering basis with the LESSEE's use.
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10. That LESSOR shall have the right and privilege, at its option, to terminate this
Lease for necessary municipal functions so declared by the City Council of the City of Paris,
and, upon the giving of ninety (90) days written notice by LESSOR, LESSEE shall vacate such
portion to be so utilized,
11. Should LESSEE 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
LESSEE by LESSOR, in writing, and, in the event such default, failure or refusal has not been
corrected or perfonned within ten (10) days from the date of such notice, then this Lease may
be tenninated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased
premises and remove all persons, property and effects therefrom, each and every claim for
damages for or by reason of said re-entry being expressly waived,
12. That all notices provided for herein must be made by registered or certified mail,
return receipt requested, addressed as follows:
If to LESSOR:
City Clerk
City of Paris
P. O. Box 9037
Paris, TX 75461-9037
If to LESSEE:
Secretary
Boys Club of Paris
1530 1st Street N .E.
Paris, TX 75460
That the parties have the right to change their addresses by giving at least fifteen (15)
days written notice to the other party of the new address.
13. In the event that LESSEE shall keep each and every agreement contained herein and
do and perfonn all the obligations required of it hereunder during the primary tenn of this
Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for a
period of FIVE (5) years from and after the expiration of this agreement, which option may be
exercised by LESSEE giving notice, in writing, of its intention to renew said lease ninety (90)
days prior to the expiration of the primary tenn of the Lease, and shall be under such terms as
previously provided.
14. The tenns of this Lease are binding on, and the benefits herein inure to, the heirs,
administrators and executors of LESSEE.
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EXECUTED ON the dates shown in acknowledgements below.
CITY OF PARIS, LESSOR
By:
Eric S. Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
BOYS CLUB OF PARIS, LESSEE
By:
Joe Bob Margraves, President
ATTEST:
Bill Gibson, Secretary
STATE OF TEXAS
COUNTY OF LAMAR
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BEFORE ME, the undersigned authority, on this day personally appeared ERIC S.
CLIFFORD, 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.
1996.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 12th day of August,
Notary Public, State of Texas
STATE OF TEXAS )
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COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared JOE BOB
MARGRAVES, President of the Boys Club 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.
1996.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of August,
Notary Public, State of Texas
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