1991-057-RES WHEREAS, the City Council of the City heretofore in Resolution No. 87-046, passed 1987, approve the
RESOLUTION NO. 91-057
WHEREAS, the City Council of the City
heretofore in Resolution No. 87-046, passed
1987, approve the leasing of the amusement
Culbertson Park to KENNETH GIFFORD; and,
of Paris
on Apr il
park area
did
13,
of
WHEREAS, Mr. Gifford is no longer desirous of continuing
with said lease and has requested the City Council of the
City of Paris to approve the execution of an assignment of
the lease to JERRY KYLE; and,
WHEREAS, the City Council desires to continue to lease
this amusement park area of Culbertson Park; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
that the assignment of the Lease Agreement from KENNETH
GIFFORD to JERRY KYLE is hereby approved.
BE IT FURTHER RESOLVED, that the Acting Mayor of the
City of Paris, Billy Joe Burnett, be, and he is hereby
authorized and directed to execute on behalf of the City of
Paris the Assignment in the form of Exhibit A attached
hereto.
Passed and adopted this 10th day of June, 1991.
Bi
ATTEST:
Mattie Cunningham, City Clerk
ASSIGNMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT KENNETH GIFFORD, hereinafter called ASSIGNOR, for
consideration of the assumption of the ASSIGNOR'S obligations
under the assumed lease does hereby bargain, sell and assign
to JERRY KYLE, hereinafter called ASSIGNEE, all my right,
deed and interest in and to that certain Lease Agreement
between KENNETH GIFFORD and the CITY OF PARIS, dated April
13, 1987. ASSIGNEE will be responsible for all terms and
conditions stated in said assumed Lease Agreement attached
hereto as Exhibit A.
IN WITNESS WHEREOF this assignment is executed on the
day of June, 1991.
KENNETH GIFFORD, ASSIGNOR
JERRY KYLE, ASSIGNEE
The aforesaid assignment is approved and accepted by the
City of Paris, Paris, Texas.
CITY OF PARIS, PARIS, TEXAS
Billy Joe Burnett, Acting Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LEASE AGREEHENT
STATE OF TEXAS
COUNTY OF LAHAR
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KNOW ALL HEN BY THESE PRESENTS
THIS LEASE AGREEHENT, made and entered into this 13~
day of April, 1987, by and between the CITY OF PARIS, Paris,
Texas, a municipal corporation, hereinafter called LESSOR,
and KENNETH GIFFORD, 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,
KENNETH GIFFORD, 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, 1987, that is from April
I, 1987, through Harch 31, 1992, 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 consid-
eration of and for which, LESSEE, KENNETH GIFFORD,
contracts, agrees and obligates himself, his heirs and
assigns, that he will pay and deliver over to the City Clerk
delivering to the City of Paris as rental or lease money a
llum 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.
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 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 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
Harch, 1992.
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
option, cancel this lease by action of its Governing Body,
apread on 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.
(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
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,
without first securing the written permission for such
installation or provision from the City Hanager 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
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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.
(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
$100,000.00 per person and $300,000.00 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.
(11) 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 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 DUPLICATE at Paris, Texas, on this the
13th day of April, 1987.
CITY OF PARIS
BY:~~
i oe urnett, ayor
ATTEST:
~~~. ~\~~~)
, Mattie Cunning am, erk
LESSOR
~AAA10:& 11~ ~Q
K NETH GIFFORDV
LESSEE
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T. K. Hynes, City Attorney