2001-038-RES APPROVING ASSIGNMENT FROM MIKE LANE TO SOUTHERN DRAG BOAT ASSOCIATION INC
RESOLUTION NO. 2001-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AN ASSIGNMENT FROM MIKE LANE TO
THE SOUTHERN DRAG BOAT ASSOCIATION, INC. OF AN OPTION
AGREEMENT FOR THE USE OF LAKE CROOK PARK IN THE YEARS
2000, 2001, 2002, 2003, AND 2004 FOR THE PURPOSE OF CONDUCTING
DRAG BOAT RACES; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Paris, Texas, did heretofore, on the 10th day of May, 1999,
in Resolution No. 99-047, authorize the execution of an Option Agreement with Mike Lane for the
use of Lake Crook Park during the 4th of July weekend in the years 2000, 2001, 2002, 2003, and
2004 for the purpose of conducting drag boat races; and,
WHEREAS, Mike Lane has expressed his desire to assign said Option Agreement to the
Southern Drag Boat Association, Inc. and the Southern Drag Boat Association, Inc. has expressed
its desire to accept such assignment; and,
WHEREAS, the form of the Assignment from Mike Lane to the Southern Drag Boat
Association, attached hereto as Exhibit A, should, in all things be approved, and the City Manager
should be authorized to acknowledge approval of said assignment by signing the same; 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 form of the Assignment from Mike Lane to the Southern Drag Boat
Association, Inc. attached hereto as Exhibit A, of an Option Agreement for the use of Lake Crook
Park during the 4th of July weekend in the years 2000, 2001, 2002, 2003, and 2004 for the purpose
of conducting drag boat races be, and the same is hereby, approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
acknowledge approval, on behalf of the City of Paris, of the Assignment from Mike Lane to the
Southern Drag Boat Association, Inc. by signing the same in the form shown in Exhibit A, attached
hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 9th day of April, 200 I.
ATTEST:
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Thomas E. Haynes, Asst. C~lerk
APPROVED AS TO FORM:
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ASSIGNMENT
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
THAT I, MIKE LANE, hereinafter called ASSIGNOR, for consideration of the assumption
of the ASSIGNOR'S obligations under the assumed Option Agreement does hereby bargain, sell,
and assign to SOUTHERN DRAG BOAT ASSOCIA nON, INC. hereinafter called ASSIGNEE, all
my right, deed, and interest in and to that certain Option Agreement between MIKE LANE and the
CITY OF PARIS, PARIS, TEXAS, dated May 10,1999. ASSIGNEE will be responsible for all
terms and conditions stated in said assumed Option Agreement attached hereto as Exhibit A.
IN WITNESS WHEREOF this assignment is executed on the _ day of
2001.
MIKE LANE, ASSIGNOR
Mike Lane
SOUTIlERNDRAG BOAT ASSOCIATION,
INC., ASSIGNEE
By:
Name:
Title:
The aforesaid assignment is approved and accepted by the City of Paris, Paris, Texas.
CITY OF PARIS, PARIS, TEXAS
Michael E. Malone, City Manager
ATTEST:
Thomas E. Haynes, Ass!. City Clerk
....,(HIBIT A
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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OPTION AGREEMENT
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
STATE OF TEXAS
THIS AGREEMENT is made this 10th day of May, 1999, by and between the CITY OF
PARTS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Charles H.
Neeley, duly authorized. hereinafter referred to as CITY, and MIKE LANE, 2630 FM 79, Paris,
Lamar County. Texas, hereinafter referred to as LANE.
w r T N E SSE T H:
WHEREAS, the City of Paris owns, controls. manages, and operates Lake Crook Park,
hereinafter referred to as "Park"; and,
WHEREAS, Mike Lane has requested use of Park for the purpose of sponsoring drag boat
races over the 4th of July weekend of each year; and,
WHEREAS, the City of Paris did heretofore, on the 10th day of May, 1999, accept bids for
such use, and Mike Lane was the best bidder; therefore, he should be awarded such bid and granted
such use; NOW, THEREFORE,
For and in consideration of the mutual covenants and agreements hereinafter contained. the
parties hereto agree as follows:
I. This agreement shall be for a period of FIVE (5) years, which shall include the years 2000,
2001,2002,2003, and 2004. It is further agreed to by CITY and LANE that LANE shall
have the right to renew such Agreement for an additional period of FIVE (5) years. The.
granting of said Agreement is subject to the requirements set forth in paragraph 10.
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2. CITY does hereby grant to LANE the exclusive use of Lake Crook for the purpose of
sponsoring drag boat races and related activities, subject to reasonable inspections and access
EXHIBIT A 1
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by City personnel, on the 4th of July weekend of each year. Specific dates shall be established
by mutual agreement between the Special Events Committee and LANE.
3. LANE shall be required to submit annually an Application for a Special Event Permit in
accordance with the requirements of Chapter 24. Article II, of the Codes of Ordinances of the
City of Paris, Paris, Texas.
4. In the event LANE fails to qualify such event as a Special Event, LANE shall not be
permitted to exercise his right to use Park.
5. Lessee shall verifY that all vendors of food, beverage, and other goods for sale during the
contract period herein set forth have obtained and hold current all licenses and permits
required by law.
6. LANE agrees to pay to CITY a fee of $1,500.00 for eacl).special event held under this
Agreement or six percent (6%) of the gross receipts of the gate not to exceed $7.000.00,
whichever is greater. The maximum revenue for the CITY of$7,OOO.00 in 2000 shall be
adjusted upward by the regional "Consumer Price Index" for each year for the remaining term
of the contract period. Lessees agrees to pay the aforementioned minimum fee of$l,500.00
prior to the start date of the event and any balance due within thirty (30) days following the
last day of the event.
7. This Agreement shall not apply to any event other than drag boat races or to any time
other than the 4th of July weekend.
8. That LANE will abide by and comply with all rules, regulations, ordinances, and laws
pert.1ining to the use of Lake Crook or a valid waiver thereof, and in addition thereto will
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abide by and comply with all ordinances of the City of Paris and all laws of the State of
Texas governing citizens and property within the City of Paris.
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9. That the CITY may, at its option, terminate this Agreement in the event the CITY desires
to use the property for necessary municipal functions.
10. In the event LANE shall keep each and every agreement contained herein and do and perform
all the obligations required of him hereunder during the primary term of this Agreement. an
option is hereby given and granted to LANE to renew and extend this Agreement for a period
of FIVE (5) years, which will include the years 2005, 2006, 2007, 2008, and 2009. from and
after the expiration of hereof, which option may be exercised by LANE giving notice, in
writing, of his intention to renew said Agreement by December 31, 2004, and shall be under
such terms as previously provided and subject to paragraph 11.
11. In the event LANE exercises the option described in paragraph 10, both CITY and LANE
agree to renegotiate, in good faith, minimum payment amou!1ls: .
12. Any and all monies received by CITY under this Agreement shall be for the sole benefit of the
Parks and Recreation Department of the City of Paris for maintenance and development of
the Lake Crook area.
]3. This agreement may be modified, changed, or amended only as may be mutually agreed in
writing between CITY and LANE.
]4. It is understood and agreed that LANE shall not sell. sign or transfer any of his rights or
privileges granted hereunder without the prior written consent of CITY.
WITNESS our hands this 10th day of May, 1999.
CITY OF PARIS, PARIS. TEXAS
By:
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A TrEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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Scott P. Foster, City Attorney
MIKE LANE
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STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally ~peared Charles H. Neeley.
Mayor of the City of Paris, Paris, Texas, 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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this Hltl1 day of May, 1999.
STATE OF TEXAS ~
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COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appeared Mike Lane. 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.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this \~+\,.J day of May, 1999.
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