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07-D RRVFA Lease with Hopewell VFD DRAFT F:A TTORNEY\RESWORK\CURENT\ RRVF A - Bingo - Hopewell Vol Fire Dept. 2006 June 6, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE HOPEWELL VOLUNTEER FIRE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Red River Valley Fair Association has requested approval from the City Council of the City of Paris to enter into a grounds sublease agreement with the Hopewell Volunteer Fire Department in the form shown in Exhibit A, attached hereto; and, WHEREAS, it would be in the best interests of the citizens ofthe city of Paris that such grounds sublease agreement be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Red River Valley Fair Association be, and it is hereby, granted approval to enter into the grounds sublease agreement with the Hopewell Volunteer Fire Department in the form shown in Exhibit A, attached hereto. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of June, 2006. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney r" EXHIBIT ..A.. LEASE AGREEMENT This agreement is made and entered into by and between Red River Valley Fair Association, Inc., a non-profit organization, hereinafter referred to as Lessor, and Hopewell Volunteer Fire Department a non-profit organization, hereinafter referred to as Lessee. For and in consideration of the mutual promises herein expressed the Lessor and Lessee do hereby agree to the following: WITNESS TO: I. PURPOSE OF LEASE: The Lessee wishes to lease from the Lessor certain space to conduct bingo operations licensed by the State of Texas only. II. PREMISES: Lessor agrees to lease and the Lessee agrees to lease from the Lessor the following described property, all the floor area in Big Time Bingo Building on the property, located at 1875 Fitzhugh Street, Paris, Lamar County, Texas for the number of bingo occasions per week as designated on the Lessee's Texas Bingo license. III. DUTIES OF LESSOR: Lessor shall provide parking facilities, equipment and utilities. IV. TERM: The term of this lease will be for a period from the 15th day of June 2006 to the 15th day of June 2007. V. CONSIDERATION: The Lessee will pay the Lessor the amount of $250.00 Per whole session (Bingo occasion). The consideration for the lease of this building shall be due and payable monthly. The first payment will be due and payable monthly after the execution of this lease, with rent payments being due and payable monthly each and every month thereafter, during the term of this lease. Total rental for any month may not in any case exceed $600.00 per bingo occasion actually conducted by lessee during that month. Lessee shall make payment to the Lessor at: Red River Valley Fair Association, Inc. 570 East Center Street Paris, Texas 75460 VI. REPRESENTATIONS OF LESSEE; The Lessor agrees and acknowledges that Lessee is a non-profit organization as that term is defined under the governing of the bingo statutes in the State of Texas and that the Lessee holds a valid license to conduct bingo within the State of Texas issued by r'" the Texas Lottery Commission of the State of Texas. It shall be the Lessee's responsibility to provide for all bingo supplies or other equipment associated with the operation of the bingo game, including but not limited to prizes, bingo cards, or any other necessary equipment. It is understood and agreed that the Lessor shall not be responsible for the storage or maintenance of any equipment herein above described. VII. INSURANCE: The Lessee, at Lessee's expense, shall maintain a comprehensive general liability insurance policy on the described premises and adjoining parking facilities in an amount of at least $300,000.00 combined single limits and shall name the Lessor and the City of Paris as additional insured on said policy. Lessee shall provide Lessor with a certificate of insurance providing for thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions of this lease be held invalid, the validity of the main portions of this lease shall not be effective. IX. APPROVAL : This lease is subject to the approval of the City of Paris per the main lease agreement between the Red River Valley Fair Association, Inc., and the City of Paris, Paris, Texas. X. NOTICES: Notices Lessor: are to be sent to: Red River Valley Fair Association, 570 East Center Street Paris, Texas 75460 Inc. Lessee: Hopewell Volunteer Fire Department Route One Box 225 Sumner, Texas 75486 HOPEWELL VOLUNTEER FIRE DEPT. RED RIVER VALLEY FAIR Cl,'li /! k6{ Lessor ilaJ~ J ~~~ L~sseel I 1 to -- ~}, '- 0 ~ Dated Lessee Dated Dated