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2009-063-RES-Red River Valley FairRESOLUTIOIV 1V0. 2009-063 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 COIVDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH DRIVE, PARIS, TEXAS; MAKING OTHER FIIVDINGS A1VD 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 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. ;TTEST: . e Ellis, City Clerk APPROVEIa AS TO FORM: " 0;4jJ'//= - (2 - W. Kent y r, C ty Attorney e Jamo Freelen, Mayor LEASE AGREEMENT This agreement is made and entered into by and between Red River Valley Fair Associatior, Inc., a non-profit organization, hereinafter re`err2d to as Lessor, and Hopewell Volunteer Fire Department a r.on-profit organization, hereinafter referred to as Lessee. For and in consideration of the mutual promises nerein expressed the Lessor and LesseP do hereby agree to the following: WITNESS T0: I. PURPOSE OF LEASE: The Lessee wishes to lease frem the Lessor cer-uain spacp to conduct bingo operations licensed by the State ot Texas only. II. PREMISES: Lessor agrees to lease and the Lessee agrees Lessor the following described property, all the Time Bingo Building on the property, located Street, Paris, Lamar County, Texas for the occasions per week as designated on the Less license. to lease from the floor area in Biy at 1875 Fitzhugh number of bir~.go ee' s Texas Binao III. DUTIES OF LESSOR: Lessor shall provide parking facilities, equ.iNment ar.d utiiities. IV. TERM: The term of this lease wi11 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 tne lease of this building shall be due and payable monthly. The first payment will be due and payable monthly after the execution of ``nis lease, with rent payments being due and payable rnonthly each ar.d 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,, Inc. 570 East Center Street Paris, Texas 75460 FXH181T L VI. REPRESENTATIONS OF LESSEE; ~ The Lessor actrees and acknowledges that Lessee is a non-profit organization as that term is detined under the governing oi the bingo statutes in the State of Texas and that the Lessee holds a valid license to conduct binge 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 al'1 bingo supplies or other equipment associated with the operation of the bingo game, inciuding but not limited to prizes, bingo cards, or any other necessary equipment. It is understood and agreed that the Lessor sha?1 not be responsible for the storage or maintenance of any equipment herein above described. VI I . INSUR.ANCE : The Lessee, at Lessee's expense, shali maintain a comprehensive general liability insurance policy on the described premises and adjo-ning parking facilities in an amount ot at least $500,000.00 combined single limits and sha11 name the Lesscr and the City of Paris as additional insured on said policy. Lessee shall prcvide Lessor with a certificate oi insurance providing for thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions oi this lease be held irivalid, the validity of the main portions of t~his lease shall not be effectLve. IX. APPROVAL: This lease is subject to tne approval of the City of Paris per the main iease agreement between the Red River Valiey Fair_ Association, Inc., and the City of Paris, Paris, Texas. X. NOTICES: Notices are to be sent to: Lessor: Red River Va11ey 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 Les ee Lessor Lessee .~q- Dated Lesscr Dated