Loading...
1991-002-RES WHEREAS, the City Council of the City of Paris is interested in cooperating with and supporting the Paris RESOLUTION NO. Jll-OO?_ WHEREAS, the City Council of the City of Paris is interested in cooperating with and supporting the Paris Teen League Baseball Association, Inc., in its good work with the youth of our community; and, WHEREAS, the City of Paris owns the ball facilities known as "Reece Field" and is desirous the same available for the Paris Teen League Association, Inc. 's use; NOW, THEREFORE, park and of making Baseball BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement with the Paris Teen League Baseball Association, Inc., upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 14th day of January, 1991. E~' ATTEST: I.\'-{\ G- Tt:'-~ , ~~""~\\'\~ Mattie Cunningham, City ler APPROVED AS TO FORM: --- , City Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ LEASE AGREEMENT between the CITY OF PARIS, a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as LESSOR, and. PARIS TEEN LEAGUE BASEBALL ASSOCIATION, INC." Paris, Texas, acting by and through its President duly authorized, hereinafter referred to as LESSEE, WITNESSETH: For and in consideration of the payment to the LESSOR the sum of One and No/IOO Dollars and other good and valuable consideration, the LESSOR does hereby lease, rent and let unto the LESSEE the following described property: All that certain tract of land located in Paris, Lamar County, Texas, to-wit: BEGINNING at a point 300 feet West of the intersection of the NB line of Hickory Avenue with the WB line of Fitzhugh Avenue, also designated as 9th Street, N.E., the same being the SE corner of a twelve (12) acre tract of land sold to the Lamar County Association by H. E. Clement Estate in described in deed recorded in Volume 245, Page 575, Lamar County Deed Records; THENCE North 600 feet; THENCE West 600 feet; THENCE South 600 feet; THENCE East 600 feet to the point of beginning being the same property leased by the City of Paris to the Paris Baseball Club, since named "Reece Field". Fair 1936, The term of this lease shall be five years, beginning on the 1st day of February, 1991, and ending on the 31st day of January, 1996. If all terms and provisions of this lease agreement are met then the LESSEE has the option to keep the lease beginning of the 1st day of February, 1996, and ending on the 31st day of January 2001. If all terms and provisions of the 2nd option are met the LESSEE has a 3rd option to keep the lease agreement for another 5 years beginning on the 1st 1. The 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. 2. 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 damage or injuries to persons and/or property occurring on the leased premises resulting from LESSEE's, its members, invitees, agents, servants or employees' use, and LESSOR shall not be liable to LESSEE, its members, invitees, agents, servants, employees, licensees or visitors due to the building or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agreeing 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 agreement, and any extensions thereof, 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 members, invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such 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 thereof. 3. That LESSEE will not sublet the rented premises, or any part thereof, without the consent in writing of LESSOR 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 week. 4. LESSEE has the right but no obligation to replace and repair fences, location of same to be approved by LESSOR who hereby authorizes its Director of Parks to approve the same. 5. 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, which use shall be conducted on a non- interfering basis with the LESSEE's use. 6. That LESSOR shall have the r igh t and pri v ilege to terminate this lease for abuse of the facilities upon the giving of written notice by LESSOR. 7. 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, and in the event such default, failure or refusal has not been corrected or performed within two (2) days from the date of such notice, then this lease contract may be terminated at LESSOR's option, and it shall be lawful 8. That the area used for parking must be available for other activities being conducted on the fairgrounds. 9. All notices provided for herein will be made by personal service. WITNESS our hands this day of January, 1991. CITY OF PARIS BY: Eric S. Clifford, Mayor ATTEST: LESSOR Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney PARIS TEEN LEAGUE BASEBALL ASSOCIATION, INC. BY: Rick Hodges, President ATTEST: LESSEE Thomas Russell, Secretary