1995-075-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 87-046 PASSED
RESOLUTION NO.
95-075
WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 87-
046, passed on April 13, 1987, approve the leasing of the amusement park area of Culbertson
Park to KENNETH GIFFORD; and,
WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 91-
058, approve the execution of an Assignment of Lease Agreement from KENNETH GIFFORD
to JERRY KYLE; and
WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 92-
023, passed on March 30, 1992, approve the execution of a new Lease Agreement with JERRY
KYLE for an additional five years with a five year option; and,
WHEREAS, the City Council of the City of Paris did heretofore, in Resolution No. 94-
029, passed on April II, 1994, approve the execution of an assignment of Lease Agreement
from JERRY KYLE to EDDIE DEAN KYLE; and,
WHEREAS, EDDIE DEAN KYLE is no longer desirous of continuing with said Lease
Agreement and has requested the City Council of the City of Paris to approve the execution of
an Assignment of Lease Agreement to KENNETH GIFFORD; and,
WHEREAS, the form of such Assignment, attached hereto as Exhibit A, should, in all
things, be approved, and the Mayor, Eric S. Clifford, should be authorized to acknowledge
acceptance and approval of the Assignment by signing the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL 01<' THE CITY 01<' PARIS, that the
form of the Assignment of Lease Agreement from EDDIE DEAN KYLE to KENNETH
GIFFORD, attached hereto as Exhibit A, be, and the same is hereby, approved; and,
BE IT l<'lJRTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford,
be, and he is hereby, authorized and directed to acknowledge acceptance and approval of the
Assignment of Lease Agreement by signing the same in the form attached hereto as Exhibit A.
ATTEST:
~,'-\~~~
Mattie Cunningham, City Clerk'
APPROVED d'9l FORM:
J,// ~
ASSIGNMENT OF LEASE
COUNTY OF LAMAR
}
}
}
KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
THAT Jerry Kyle did heretofore, on the 30th day of March, 1992, execute a Lease
Agreement with the City of Paris for the amusement park area of Culbertson Park, a copy of
which is attached hereto as Exhibit A, and did also heretofore, on the 11th day of April, 1994,
execute an Assignment of Lease Agreement to Eddie Dean Kyle, a copy of which is attached
hereto as Exhibit B.
WITNESSETH
THAT I, EDDIE DEAN KYLE, by and through my attorney-in-fact, Jerry Kyle,
hereinafter called ASSIGNOR, for value received, do hereby assign to KENNETH GIFFORD,
hereinafter called ASSIGNEE, all my right, title and interest in and to the Lease Agreement
between the City of Paris and Jerry Kyle.
In consideration of the above assignment and consent of the City of Paris, ASSIGNEE
assumes and agrees to make all payments and perform all agreements and conditions of the
above-referenced Lease Agreement by ASSIGNOR to made and be performed.
SIGNED this 10th day of July, 1995.
ASSIGNOR
By:
JERRY KYLE, Attorney-In-Fact for Eddie
Dean Kyle
ASSIGNEE
KENNETH GIFFORD
Acceptance and approval of the above Assignment of Lease is acknowledged this 10th
day of July, 1995.
By:
ATTEST:
Mattie Cunningham, City Clerk
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared JERRY
KYLE, Attorney-in-Fact for Eddie Dean Kyle, Assignor, 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 _ day of July, 1995.
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared KENNETH
GIFFORD, Assignee, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 1995.
Notary Public, State of Texas
LEASE AGREEMENT
STATE OF TEXAS
COUNTY OF LAMAR
~
~
~
KNOW ALL MEN BY THESE PRESENTS
THIS LEASE AGREEMENT, made and entered into this 30th
day of March, 1992, by and between the CITY OF PARIS, Paris,
Texas, a municipal corporation, by and through its Mayor,
George Fisher, duly authorized, hereinafter called LESSOR,
and JERRY KYLE, of Lamar County, Texas, hereinafter called
LESSEE, WITNESSETH:
For the term and cons idera t ion, and upon the terms,
spec if ica t ions
and
conditions
herein
prescribed
and
specified, LESSOR does hereby let and lease to LESSEE,
JERRY KYLE,
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, S.E., 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 term of this lease shall be for a period of five
(5) years from and after April 1, 1992, that is from April 1,
1992, through March 31, 1997, at which time and on which date
the same shall terminate, unless sooner terminated 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, JERRY KYLE, contracts, agrees and
obligates himself, his heirs and assigns, that he will pay
(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.
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
five (5) years from and after the expiration of this
agreement, for and in consideration of thp. 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 five-
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 aforesa id proper ty. Sa id opt ion 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, 1997.
In consideration whereof, LESSOR and LESSEE mutually
agree as follows:
(1) 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.
(7) T f I.F.SSF.F. "h"ll "t "nv tim" "h"nc1on ,,"C"h 1 """"c1
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.
(4) 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.
Grounds maintenance shall include: During the months of
April through September, the premises will be mowed and
weedeated on an as needed basis. When all leaves have
fallen from the trees, it will be the LESSEE'S responsi-
bility 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 of limbs, that
LESSEE will remove the same, by removing the dead limbs or
the dead tree, if any, or any por t ion of limbs that may
ml!sic, 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,
without first securing the written 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
invi tees, for any damage or i nj ury caused by the ac t or
negligence of any person, or resulting from the operation of
any device or equipment located upon the leased property, or
___#-0 ...Y'<>...........t-On.!'H."..O t-hr-orpnf _ nnr for anv dama2.e or
p~.rson 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 forct! 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, 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 such cancellation or
amendment. Notice shall be by certified mail. return receint
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 per son,
firm or corporation by reason of such
repossession, LESSEE hereby waiving every claim for damages
for or by reason of said re-entry.
EXECUTED IN TRIPLICATE at Paris, Texas, on this the 30th
day of March, 1992.
CITY OF PARIS
BY~ -/~
eorge Fisher, Mayor
ATTEST:
LESSOR
<7M'&i t;Z-
~RY LE
LESSEE
~
City Attorney
~
GIVEN UNDER MY HAND AND
l'!arch, 1992.
,~//////////////////////,
~ <;or." ALICE M. PINAL TO ~
~ e~'1> NOlary Public ~
/ . . Slale 01 Texas /
~ \.~ '*:.... Commission Expires :::
~ ~!..':" 1-29-96'-
~'~"I""","~/////"/~
STATE OF TEXAS ~
COUNTY OF LAMAR ~
SEAL, OF OFFICE this 30th day of
a~", Jt. ,4~
Notary Public, State 0 Texas
BEFORE ME, the undersigned authority, on this day
personally appeared JERRY KYLE, 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
March, 1992.
>1
,:;)/- day of
Uh~~,I2:~
Notary Pub ic, State 0 Texas
"
j .~ "
': .
ASSIGNMENT
STATE OF TEXAS
}
}
}
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
THAT JERRY KYLE, hereinafter called ASSIGNOR, for
consideration of the assumption of the ASSIGNOR's obligations under the
assumed lease does hereby bargain, sell and assign to EDDIE DEAN KYLE,
hereinafter called ASSIGNEE, all my right, deed and interest in and to that
certain Lease Agreement between JERRY KYLE and the City of Paris, dated
March 30, 1992. ASSIGNEE will be responsible for all terms and conditions
stated in said assumed Lease Agreement attached hereto as Exhibit A.
r ': ('; \: ' i . : 'I.. \ ,', ; !,' ( 1 ~
The aforesaid assignment is approved and accepted by the City of Paris,
Paris, Texas.
CITY OF PARIS, PARIS, TEXAS
ATTEST:
~O-.\.\.. '- \~k~ ,~~~
Mattie Cunningham, City Clerk
',' , /
APPROVED AS T9JJRM:
//;/ // '
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared
George Fisher, 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 -L:i!tay of
April, 1994.
/////////////////////////
~. , ,';'Y;'). ALICE M. PINAL TO ~
,,~ ,0 * 'to NOlary p. ubllc ~
I' . . Slate of Texas I'
~ ~~ ' Commission Expires ~
~. ....?:.p1 1"~9-96"
-""~""",,,~~,/,////~
f2h~(JJl Muk
Notary Public, State of Texas
STATE OF TEXAS }
'CnUNTYOFLAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared
Jerry Kyle, Assignor, 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 thepurposesllPd consideratioI1 therein expressed.
hit
GIVEN UNDER MY HAND AND SEAL OF OFFICE this d..2 day of
April, 1994.
~/////////////////
, ", ~"""" . //////'"
,~ i\~~.~'~.' ALICE M. PINALTO I'
~ :7'..A. to NOlary Public ~
,,~, ~~ ~;, Slale 01 Texas ~
'~ ~~,p.~~". CommisSIOn Expires ~
~"""of" I'''''''"~,, ~"~~"'~96 ~
,/////,//
UL( ,'J 7);.{lJ:t-
Notary Public, State of Texas
STATE OF TEXAS }
COUNTY, OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared
Eddie Dean Kyle, Assignee, 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,
ti
GIVEN UNDER MY HAND AND SEAL OF OFFICE this & day of
April, I 994.
/ / / //" // / / / //!~ ~_/~:.~.~ ~~/ ~
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