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1989-079-RES WHEREAS, CITY COUNCIL HAS CONTINUALLY SUPPORTED THE YOUNG MEN'S RESOLUTION NO. 89-079 WHEREAS, the City Council of the City of Paris has continually supported the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF PARIS AND LAMAR COUNTY and is desirous of continuing to support their softball program; and, WHEREAS, the YWCA is desirous of leasing Wise North and Culbertson Park softball fields, related parking areas and concession stands for a period of 238 days beginning July 7, 1989, and ending February 28, 1990, and from year to year thereafter until terminated by either party, and it would be in the best interest of the citizens of Paris that such lease be granted; NOW, THEREFORE, 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 the Lease Agreement with the YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF PARIS AND LAMAR COUNTY, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 6th d'~~ Eric S. Clifford, Mayor ATTEST: ~~"tt~., ~~~~) att1.e Cunning am, Cit er APPROVED AS TO FORM: City Attorney LEASE AGREEMENT STATE OF TEXAS J ~ 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 YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF PARIS AND LAMAR COUNTY, 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/lOO Dollars and other good and valuable con- sideration, the LESSOR does hereby lease, rent and let unto the LESSEE the property described on Exhibit A attached hereto and made a part hereof for all legal purposes. The term of this lease is for a period of Two Hundred Thirty-Eight (238) days beginning on July 7, 1989, and ending February 28, 1990. This lease shall continue on a year to year basis beginning March 1, 1990, until terminated by LESSOR or LESSEE by giving the other party sixty (60) days notice before the expiration of each yearly term. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: I. 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 harm- less 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 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 right and privilege 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 for LESSOR to re-enter the leased premises and remove all persons, property and effects therefrom, all and every claim for damages for or by reason of said re-entry being expressly waived. 8. All notices provided for herein will be made by personal service. WITNESS our hands this 6th day of July, 1989, CITY OF PARIS BY: Eric S. Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: LESSOR T. K. Haynes, City Attorney ATTEST: Ann Wyche, Secretary LESSEE EXHIBIT A Wise North and Culbertson Parks softball fields, related parking areas and concession stands.