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12-Ground sublease between Red River Valley Fair Assoc. and Hopewell Vol Fire Depts.CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 06/ 16/09 Council Date: City Manager Kevin Carruth 12. 06/22/08 RECOMMENDED MOTION: Move to approve a grounds sublease between the Red River Valley Fair Association and Hopewell Volunteer Fire Department 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 Hopewell Volunteer Fire Department 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 Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance Y7'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: M Administration Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Coutt 0 Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT attorney\reswork\current\RRVFA - Bingo - Hopewell Vol Fire Dept Res 2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSOCIATION AND THE HOPEWELL VOLUNTEER FIRE DEPARTMENT TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH DRIVE, PARIS, TEXAS; 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 to conduct bingo operations at the Big Time Bingo Building, 1875 Fitzhugh Drive, 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 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 22nd day of June, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney * U0U04~ LEASE AGREEMENT This agreement is made and entered into by and between Red River Valley Fair Associatior., Inc., a non-profit organization, hereinafter referred to as Lessor, and Hopewell Volunteer Fire Department a non-profit organization, hereinafter referred ro as Lessee. For and in consideration of the mutual promises nerein 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 ±o conduct bingo operations licensed by the State oi Texas only. II. PREMISES: Lessor agrees tc lease and the Lessee agrees Lessor the foliowing described property, all the Time Bingo Building on the property, located Street, Paris, Lamar County, Texas for the occasions per week as desianated on the Less 1ic,ense. to lease from the floor area in Big at 1875 Fitzhugh number of bingo ee' s Texas Bin 70 III. DUTIES OF LESSOR: Lessor shall provide parking facilities, eruiNment :nd utilities. IV. TERM: The term of this lease will be for a period from the 15th cay of June 2009 to the 15th day of June 2010_ 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, prior to the last business day oz 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 te the Lessor at: Red River Valley Fair Associatior., Ir.c. 570 'ast Center Street Paris, Texas 75460 FXHIBIT,~ , ( .?11~xy 46 VI. REPRESENTATIONS OF LE5SEE; The Lessor acrrees 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 sha11 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 Lessot 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 amcunt of at least $500,000.00 combined single limits and shali name the Lessor and the City of Paris as additional insured on said policy. Lessee shall provide Lessor with a certificate of insurance prov.iding for thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions of this lease be held irlvalid, the validity of the main portions of this lease shall not be eftective. IX. APPROVAL: This iease is subject to tne approval of tne City ot Paris per the main lease agreement between the Red River Va11ey Fair Association, Inc., and the City of 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: Hopewell Volunteer Fire Department Route One Box 225 Sumner, Texas 75486 HOPEWELL VOLUNTEER FIRE DEPT. RED RIVER VALLEY FAIR Q ~ Les ee Lessor Lessee z4~~- Dated Lessor Dated