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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 . UUCU40 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~. - 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 ~ ~0~~j 4~: 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; ~Lf// ~ U6` . _ ~ Lessee Lessor Lessee 5- q 'U9` Dated Lessor c> Dated 0 0U004,0,