1987-006-RES WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 2080 authorize the
RESOLUTION NO.
87-006
WHEREAS, the City Council of the City of Paris did
heretofore in Resolution No. 2080 authorize the leasing of
certain fairground property to the Red River Valley
Exposition, Inc.; and,
WHEREAS, the Red River Valley Exposition, Inc., has
reorganized as and is succeeded by Red River Valley Fair
Association, Inc.; and,
WHEREAS, Red River Valley Fair Association, Inc., has
requested an extension of the term of lease in order that
its sublessee may finance and construct some additional
improvements to the City of Paris fairground property; and,
WHEREAS, the City Council is desirous of continuing its
support of the Red River Valley Fair Association, Inc., and
its annual activities; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the City Manager of the City of Paris, Michael
E. Malone, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the Release of Lease
in the form attached hereto as Exhibit A.
BE IT FURTHER RESOLVED, That the 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
Lease Agreement with Red River Valley Fair Association,
Inc., upon the terms and conditions and in the form attached
hereto as Exhibit B.
Passed and adopted this 12th day of January, 1987.
~~
B~ ly . e Burnett, Mayor
(
ATTEST:
""'~tt,', ~~
Mattie Cunning am, Cit er
Attorney
RELEASE OF LEASE
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
WHEREAS, on the 9th day of February, 1981, a certain
lease was entered into by and between the CITY OF PARIS, a
municipal corporation, as Lessor, and RED RIVER VALLEY
EXPOSITION, INC., a Texas Corporation, as Lessee, covering
the premises situated in the City of Paris, Lamar County,
Texas, described on EXHIBIT A attached hereto. Said lease
was for a term of ten (10) years beginning on the 1st day of
January, 1981, and ending on the 31st day of December, 1990,
and \vhereas it is the desire of the parties thereto to
cancel and release said lease, which has been recorded in
Book 633, Page 144, Deed Records, Lamar County, Texas; now
therefore in consideration of Lessor discharging the Lessee
from all covenants and obligations contained therein, the
said Lessee does hereby release and surrender all of its
right, title and interest in and to the above described
lease, effective the 31st day of December, 1986, and the
said CITY OF PARIS, acting by and through its City Manager,
Michael E. Malone, does hereby accept said release and
hereby covenants and agrees to the cancellation of said
lease.
As additional consideration for this release, the
parties entered into a lease of the same premises, using a
corrected name, for a term of ten (0) years, beginning
January 1, 1987, and ending December 31, 1996.
IN WITNESS WHEREOF, the undersigned have executed this
release agreement, this 12th day of January, 1987.
CITY OF PARIS
By:
Michael E. Malone,
City Manager
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
RED RIVER VALLEY EXPOSITION,
INC.
STATE OF TEXAS ~
~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day
personally appeared MICHAEL E. MALONE, City Manager of the
City of Paris, 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 consid-
eration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of January, 1987.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS ~
~
COUNTY OF LAV~R ~
BEFORE ME, the undersigned authority, on this day
personally appeared Rita Jane Haynes, President of the Red
River Valley Exposition, Inc., 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 ____ day
of January, 1987.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
STATE OF TEXAS
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal
corporation, herein called LESSOR, and RED RIVER VALLEY FAIR
ASSOCIATION, INC., a Texas Corporation, herein called
LESSEE, executed in duplicate the
1987, witnesseth:
day of January,
The leased premises consist of the following described
property of Lessor in Paris, Lamar County, Texas, namely:
BEGINNING at the intersection of the N.B.
line of Hickory Avenue with the W. B. Line of
Fitzhugh Avenue, also designated as 9th St., N.E.,
the same being the S.E. corner of a 12 acre tract
of land sold to the Lamar County Fair Association
by N. E. Clement Esta~e in 1936, described in deed
recorded in Vol. 245, Page 575, Lamar County Deed
Records:
THENCE North 1501.5 feet to the N.E. corner
of said 12 acre tract, same being the S. B. Line
of Clement Road, said Clement Road being 60 feet
in width;
THENCE West at 380 feet to the N.W. corner of
said 12 acre tract, same being the N.E. corner of
a tract of land purchased by the Lamar County Fair
Association in 1916, described in deed recorded in
Vol. 160, Page 322, Lamar County Deed Records,
continuing West in all 1710 feet to the N.W.
Corner of Block No. 31, Fairview Addition to the
City of Paris, same being the E. B. line of 3rd
St., N.E., same being the most Northerly N.W.
corner of a tract of land purchased from H. E.
Clement in 1921 out of the Fairview Addition and
described in deed recorded in Vol. 199, Page 311,
Lamar County Deed Records;
THENCE South 1356 feet to the E. B. Line of
3rd St., N.E., to the N.B. Line of Hickory Avenue;
THENCE East with the N.B. line of Hickory
Avenue approximately 804.0 feet to the S.W. Corner
of the Emmett Reece Ball Field property;
THENCE North 600 feet;
THENCE East 600 feet;
THENCE South 600 feet;
THENCE East 300 feet to the place of begin-
ning.
SAVE AND EXCEPT the following described tract of
land:
Situated within the corporate limits of the
City o~_p'aris,__~amar County, Texas, and being a
drainage ditch,
ning.
THENCE North 880 30' West 287 feet to a
point;
THENCE
THENCE
point, same
Street, N.E.;
THENCE in a Southerly direction with the East
Margin of 6th St., N.E., 16 feet to a point;
THENCE South 880 30' East 477 feet to a
point;
THENCE South 10 30' East, 200 feet to a
point;
THENCE South 880 30' East 297 feet to a point
in the center line of a drainage ditch;
THENCE North 20 00' West with the center line
of the drainage ditch 300 feet more or less to the
place of beginning, containing 2.19 acres of land
more or less.
460 feet to said point of begin-
South 10 3D' West 84 feet to a point;
North 880 30' West 477 feet to a
being in the East Margin of 6th
The term of this lease is ten (10) years, beginning on
the 1st day of January, 1987, and ending the 31st day of
December 1996.
IN CONSIDERATION of the leasing and letting of said
premises and the use and occupancy thereof by Lessee, Lessee
agrees to effect and perform repairs to existing buildings,
structures and other improvements and to make additional
improvements on the leased premises to the extent of ten per
cent (10%) of its annual gross receipts, Lessee hereby
agreeing to expend for such purposes the sum herein set out
during each year of this agreement, the total amount to be
expended by Lessee for such purposes during the term of this
lease to be not less than ten per cent (10%) of its total
gross receipts for the ten year period covered by this
agreement; provided however, that in the event Lessee
expends in excess of ten per cent of its gross receipts
during anyone year hereof for such purposes, such excess
may be credited on the total amount to be expended by Lessee
hereunder. The term "gross receipts" shall mean the total
receipts of Lessee from all sources by reason of the use of
(1) That Lessee will, at its sole cost and expense,
effect repairs to all existing buildings and structures on
the leased premises, as speedily as it can finance same, so
that same will be safe and suitable for the purposes for
which they may be used by Lessee and will keep and maintain
same in good, safe and sanitary condition.
(2) That no repairs, improvements or changes in
location or otherwise, will be made to any buildings,
structures or other things located thereon nor will any new
structures be placed on any part of the leased premises
without the prior approval of Lessor.
(3) That Lessee, for the benefit of Lessor, will keep
all buildings and other insurable improvements on the leased
premises insured against loss by fire, lightning and all
risks included in the term "extended coverage" to the full
extent of their insurable value and shall pay all premiums
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,
subject to approval by the City Attorney of the City of
Paris, and Lessee or its 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
thereof.
(4) That Lessee will pay for all lights, water, heat
and/or other utilities used on the leased premises.
(5) That all buildings, structures, additions,
_ __ _ -1 ...:l __...:l ..... _ .....1- _ ., _ _ _ _ J
(6) That Lessee will deliver to Lessor annually a
verified copy of the audit of its books and accounts not
later than thirty (30) days after December 1st of each year
or part of a year covered by this lease.
(7) 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 sub-
letting shall not exceed one week.
(8) 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 use, Lessee's sub-lessee or any
tenant of Lessee, and Lessor shall not be liable to Lessee,
its employees, invi~ees, patrons, licensees or visitors due
to the buildings or other structures thereon being
improperly constructed 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 shall and 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 $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
_~ ~L_____L: __ .....1-_ ______,.... _,c ....1-_
must be written and issued by a reputable insurance company
or companies, subj ect to approval by the City Attorney of
the City of Paris, and Lessee or its 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 thereof.
(9) That Lessor shall not make or be liable for any
repairs or improvements of any kind on the leased premises
during the term of this lease.
(10) That Lessee take good care of the rented premises
and all buildings and structures thereon and be responsible
to Lessor for any damage or injuries thereto caused by
Lessee or those under it.
(11) That Lessee conform to and observe all sanitary
rules, regulations and laws of the State of Texas and
ordinances of the City of Paris applicable to the leased
premises and not use or permit the same to be used for any
unlawful or illegal purpose.
(12) Should Lessee default in, or fail or refuse to
keep any of the covenants, conditions, stipulations and/or
provisions therein 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 ninety
(90) 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
(14) In the event Lessee shall keep each and every
agreement contained herein and do and perform all the
obligations required of it 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 ten
(10) years from and after the expiration of this agreement,
which option may be exercised by Lessee giving notice in
writing of its intention to renew said lease ninety (90)
days prior to the expiration of the primary term of the
lease.
(15) Lessor is given and granted the right to place
streets or utilities or drainage appurtenances in, on or
under any of the property herein leased to the RED RIVER
VALLEY FAIR ASSOCIATION, INC.
(16) 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, all of which functions shall be conducted on
a non-interfering basis with the annual Fair conducted by
the Red River Valley Fair Association, Inc.
(17) That Lessor shall have the right and privilege at
its option to terminate this lease as to any part of the
realty not improved with buildings. including reasonable
access to such buildings, for necessary municipal functions,
such as enlarging the fire training area, erection of
municipal facilities, construction of streets or for other
municipal functions.
In the event of any of the above contingencies, Lessor
IN WITNESS WHEREOF the undersigned have executed this
lease agreement.
CITY OF PARIS
By:
Billy Joe Burnett, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
LESSOR
RED RIVER VALLEY FAIR
ASSOCIATION, INC.
By:
Rita Jane Haynes, President
ATTEST:
Steve Glover, Secretary
LESSEE