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2010-061 RES APPROVING THE GROUNDS SUBLEASE BETWEEN THE RED RIVER VALLEY FAIR ASSN AND THE HOPEWELL VOL FIRE DEPTRESOLUTION NO. 2010-061 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 PROVIDIIVG 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 24th day of May, 2010. ~ Will Biard, Mayor TTEST: , J nice Ellis, City Clerk APPROVED AS RM: W. Kent McIlyar, ' ttorney LEASE AGREEMENT This agreement is made and entered into by and between Red River Va11ey Fair Association, Inc., a non-profit organization, hereinafter referred to as Lessor, and Hopewell Volunteer Fire Department a non-profit organi.zation, nereinafter referred to as Lessee. For and in consideraticn 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 te conduct bingo operations licerised by the State of Texas only. II. PREMISES: Lessor agrees to lease and the Lessee agrees Lessor the following described property, all the Time Bingo Building on the oroperty, lecated Street, Paris, Lamar County, Texas for the occasions per week as desigr_ated on the Less license. to lease from the floor area in Big at 1875 Fitzhugh number oi bingc ee's Texas Bingc III. DUTIES OF LESSOR: Lessor shall provide parking facilities, equipment and utilities. IV. TERM: The term of this lease will be for a period from the 15th day of June 2010 to the 15th day or June 2011. 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 wi11 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 anci 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 tnat the Less2e 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 t:) provide for all bingo supplies or other equipment associated wit:h 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 described. VII. INSURANCE: The Lessee, at Lessee's expense, shall maintain a comprehensive general liability insurance policy on the described premises and adjoining parkina facilities in an amount of at leas` $500,000.00 combined single l-mits and sha11 name the Lessor and the City of Paris as additioc,al insureci on said policy. Lessee sha11 provide Lessor with a ce.rtificate of insurance providing ror thirty (30) days advance notice of cancellation. VIII. SEVERABILITY: Should any provisions of this lease be held invalid, the validity of the main portions of this lease shall not be effective. IX. APPROVAL: This lease is subject to t.he approval of the City of Paris per tne main lease agreement between the Red River Valley Fair Association, Inc., and the Cit;y 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 ?5460 Lessee: Hopewell Volunteer Fire Department Route One Box 225 qiimnPr. Texas 75486 HOPEWELL VOLUNTEER FIRE DEPT. ~ ~ Less e RED RIVER VALLEY FAIR 71~ Lessor Lessee Cated Lessor 6 -1 c -D a t e d