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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 ~ ~ ~ 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 ~ ~ ~ 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 ,- -- - - - 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 , ~~:~ T. K. Hynes, City Attorney