11-Red River Valley Assoc. desires to sub-lease the American Legion Post in DeportCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
06/ 16/09
Council Date:
City Manager
Kevin Carruth
11.
06/22/08
RECOMMENDED MOTION:
Move to approve a grounds sublease between the Red River Valley Fair Association and the American
Legion Post #199 of Deport, Texas and authorizing the City Manager to negotiate and execute all
necessary documents.
POLICY ISSUE(S):
Contract management
BACKGROUND:
Red River Valley Association desires to sub-lease to the American Legion Post #199 of Deport the
building located at 1875 Fitzhugh for the purpose conducting bingo. These two entities have entered
into a sub-lease agreement for the past several years. The City's lease agreement with the Fair
Association requires them to get approval from the City for any subleases.
BOARD/ COMMISSION RECOMMENDATION:
EXHIBITS:
Lease Agreement and resolution
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report E Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'j'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration n City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
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DRAFT
attorney\reswork\current\RRVFA - Bingo - Deport Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING THE GROUNDS SUBLEASE BETWEEIV THE RED RIVER
VALLEY FAIR ASSOCIATION AND THE AMERICAN LEGION POST #199 OF
DEPORT, TEXAS TO COIVDUCT BINGO OPERATIOIVS AT THE BIG TIME
BINGO BUILDING, 1875 FITZHUGH, PARIS, TEXAS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING A1V 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
American Legion Post #199 of Deport, Texas, to conduct bingo operations at the Big Time
Bingo Building, 1845 Fitzhugh, Paris, Texas, in the form shown in Exhibit A, attached
hereto; and,
WHEREAS, it would be in the best interests of the citizens of the City of Paris that
such grounds sublease agreement be approved;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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 American Legion Post
#199 of Deport, Texas, 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 22°d day of June, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
A u 0 el 04~.
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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 American Legion Post #199,
a non-profir_ 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 foilowing:
WITNESS TO:
I. PURPOSE OF LEASE:
The Lessee wishes to lease from the Lessor certain space to
conducr bingc operations licensed by the State of Texas only.
II. PREMISES:
Lessor agrees to lease and the Lessee agrees to lease frcm t:r.e
Lessor the following described property, all the floor area in Big
Time Bingo Building on the property, located at 1875 Fitzhugn
Street, Paris, Lamar County, Texas for the bingo occasions per,,aeek
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 oi tnis lease shall be for a period from the lst day
of June 2009 to the lst day of June, 2010.
V. CONSIDERATION:
The Lessee shall pay the Lessor the amount of $250.00
per whole session (Bingo occasion). The consideratiozi fcr rh°
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, prior to the last business day of the
month, 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
EXHIBIT _L
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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
the Texas Lottery Commission of the State of Texas. It shall be
the Lessee's responsibility to provide for al1 bingo supplies or
other equipment associated with the operation of the bingo game,
including but not limited to prizes, bingo cards, or any cther
necessary equipment. It is understood and agreed that the Lessor
sha11 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
$500,000.00 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, t1h e
t,ralidity ef the main portions of this 12ase shall not be effecti-re.
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 ot Paris, Paris, Texas.
X. NOTICES:
Notices are to be sent to:
Lessor: Red River Valley Fair Association, Inc.
570 East Center Street
Paris, Texas 75460
Lessee: American Legion Post #199
P. 0. Box 83
Deport, Texas 75435-83
AMERICA LTION POST #199 RED R VER VALL~Y FA;
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