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1984-039 - Continual support for the YOUNG WOMEN'S CHRISTIAN ASSOCIATION softball programRESOLUTION NO. 84 -039 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 South softball fields, related parking areas and concession stand for week nights for a period of thirty -two (32) days beginning May 29, 1984 and ending June 29, 1984 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, Joe Graham, 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 in the form attached hereto as Exhibit A. Passed and adopted this 11th day of June, 1984. 0 4j-,, A"Mvj J e Graham, Mayor ATTEST: H. C: Gr ene, City Clerk APPROVED AS TO FORM: T. K.,Hayhes, City Attorney LEASE AGREEMENT STATE OF TEXAS COUNTY OF LAMAR EXHIBIT A 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 /100 Dollars and other good and valu- able consideration, 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 pur- poses. The term of this lease is for week day nights for a period of Thirty -two (32) days beginning on the 29th day of May, 1984 and ending on the 29th day of June, 1984. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. The LESSEE will be responsible for the mainte- nance, 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, employ- ees, 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 form 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 main- tain 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 $10,000.00 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 employ- ees, 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 insur- ance 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 pol- icies 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 insur- ance 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. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any build- ings, structures, fences or other things located thereon without the prior written approval of LESSOR. 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 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. $. All notices provided for herein will be made by personal service. WITNESS our hands this 29th day of May, 1984. CITY OF PARIS BY: 0 4-u Aj--� oe ra am, ayor ATTEST: LESSOR H. 'C-. eene, City Clerk APPROVED AS TO FORM: T. K. aynes, City Attorney YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF PARIS AND LAMAR COUNTY BY: Barbara James, rest ent ATTEST: LESSEE Debbi Cuttrell, Secretary EXHIBIT A Wise North and South softball area and concession stand. fields, related parking