1992-023-RES WHEREAS, the City of Paris did in Resolution No. 91-067 passed on June 10, 1991, approve the
RESOLUTION NO. 92-023
WHEREAS, the City of Paris did in Resolution No. 91-067
passed on June 10, 1991, approve the Assignment of the Lease
Agreement between Kenneth Gifford and the City of Paris,
dated April 13, 1987, to Jerry Kyle; and,
WHEREAS, Mr. Kyle's performance under said lease has
been satisfactory and he has requested an additional term of
five (5) years with a five (5) year option, with authority
to operate said park until 12:00 o'clock midnight; and,
WHEREAS, the form of such lease is attached hereto as
Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, George Fisher,
be, and he is hereby authorized and directed to execute on
behalf of the Ci ty of Par is, the lease between the Ci ty of
Paris and Jerry Kyle, attached hereto as Exhibit A, for a
term of five (5) years beginning April 1, 1992, and ending
March 31, 1997, with an option to renew and extend lease for
an additional period of five (5) years.
Passed and adopted this 30th day of March, 1992.
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ATTEST:
APPROVED A
LEASE AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS
COUNTY OF LAMAR
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 consideration, and upon the terms,
specifications
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 th is lease shall be for a per iod 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 the delivery of
monthly payments, on the 1st day of each month, to the City
Clerk of the Ci ty of Par is, dur ing the term of sa id fi ve-
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, 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 cons idera t ion here in above set out, and upon the
covenants and conditions herein specified.
(2) If LESSEE shall at any time abandon such leased
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
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,
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
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
p~rson or proper ty, ar i sing from or connec ted wi th 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
occurrence for bodily injury or death and $100,000.00 for any
single occurrence for injury to or des truc t ion of proper ty,
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 receipt
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, 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:
George Fisher, Mayor
ATTEST:
Mattie Cunningham, City Clerk
LESSOR
JERRY KYLE
LESSEE
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
STATE OF TEXAS ~
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of
March, 1992.
Notary Public, State of Texas
STATE OF TEXAS ~
COUNTY OF LAMAR ~
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.
day of
Notary Public, State of Texas