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2010-060 RES APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSN AND THE AMERICAN LEGION POST #199RESOLUTION N0. 2010-060 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 AMERICAN LEGION POST #199 OF DEPORT, TEXAS TO CONDUCT BINGO OPERATIONS AT THE BIG TIME BINGO BUILDING, 1875 FITZHUGH, PARIS, TEXAS; MAKING OTHER FINDIIVGS A1VD 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 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 24th day of May, 2010. ~ / Will Biard, Mayor ATTEST: / ~Janice Ellis, City Clerk APPROVED AS TO RM: W. Kent McIlyar Ci Attorney 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-profit 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 following: WITNESS TO: I. PURPOSE OF LEASE: The Lessee wishes to lease from the Lessor certain space to conduct bingo operations licensed by the State of Texas on1y. II. PREMISES: Lessor agrees to lease anci the Lessee agrees to lease from the Lessor the following described property, all the floor area in Big Time Bingo Building on the property, located at 1875 Fi-Lzhugh Street, Paris, Lamar County, Texas for the bingo occasions per week as designated on the Lessee's 'I'exas Bingo license. III. DUTIES OF LESSOR: Lessor sha11 provide parking facilities, equipment and utilities. IV. TERM: The term of this lease sha:Ll be for a period from the lst day of June 2010 to the lst day of June, 2011. V. CONSIDERATION: The Lessee shall 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 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 A_ VI. REPRESENTATIONS OF LESSEE; The Lessor agrees and acknowledges that Lessee is a non-profit organization as tnat term is defined under the gcverning c-E the bingo statutes in the State of Texas and that the Lessee holds a valid license to conduct bingo within the State of Texas issueci by the Texas Lottery Commission of the State of Texas. It shali be tne Lessee's responsibility tc provide zor al1 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 Lessor shall not be responsible for the storage or maintenance of any equipment herein above describE=d. VII. INSURANCE: The Lessee, at Lessee's exper,se, shall maintain a comprehensive general liability insurance policy on the ~esc~,~~,==r premises and adjoining parking facilities in an amount of at $500, 000. 00 combined single li.mits and shai ' n3me t.he T es:,or= the City of Paris as additional insured on said policy. Ics sF:e shall provide Lessor with a certificate of insuranc.e providing for thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions of: this lease be held invalid, the validity of tne main portions oE this lease shall not be effective. IX. APPROVAL: This lease is subj ect to the approval of the City of Paris per the main lease agreement between the Red River Valley 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: American Legion P. 0. Box 83 Deport, Texas Post #199 ?5435-83 AMERIC LE ,ION POST #199 Lessee Lessee f ~ Dated RED R VER VALL"Y FAIR --La 11w1k, Lessor Lessor cr&rIr Dated