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08-B Boys Club LeaseDRAFT ALICE~RESWORK\CURRENT\Boys Club Res June 26, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE BOYS CLUB OF PARIS FOR THE BALL PARK FACILITIES KNOWN AS REECE FIELD; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris is interested in cooperating with and supporting the Boys Club of Paris in its good work with the youth of our community; and, WHEREAS, the City of Paris owns the ball park and facilities known as "Reece Field" and is desirous of making the same available to the Boys Club of Paris for its use during the months of April, May, June, and July of each year for five (5) years beginning in 2002; and, WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should in all things be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 form of the Lease Agreement with the Boys Club of Paris, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Boys Club of Paris for the use of "Reece Field" during the months of April, May, June, and July of each year for five (5) years beginning in 2002, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 9th day of July, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney LEASE AGREEMENT COUNTY OF LAMAR ) STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: THIS LEASE AGREEMENT is made this 9th day of July, 2001, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Michael J. Pfiester, duly authorized, hereinafter referred to as LESSOR, and the BOYS CLUB OF PARIS, 1530 1st Street N.E., Paris, Lamar County, Texas, acting by and through its President, Joe Bob Margraves, duly authorized, hereinafter referred to as LESSEE. WITNESSETH For and in consideration of the payment to the CITY OF PARIS the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration, the CITY OF PARIS does hereby lease, rent and let unto the BOYS CLUB OF PARIS the following described property: All that certain tract of land located in Paris, Lamar County, Texas, to-wit: BEGINNING at a point a distance of 300 feet west of the intersection of the north boundary line of Hickory Avenue with the west boundary line of Fitzhugh Avenue, also designated as 9th Street N.E., the same being the southeast corner of a 12 acre tract of land sold to the Lamar County Fair Association by H. E. Clement Estate in 1936, described in deed recorded in Volume 245, Page 575, Deed Records, Lamar County, Texas; THENCE North a distance of 600 feet; THENCE West a distance of 600 feet; THENCE South a distance of 600 feet; THENCE East a distance of 600 feet to the place of beginning, being the same property leased by the City of Paris to the Paris Baseball Club, since named "Reece Field." The term of this Lease shall be for the months of April, May, June, and July each year for FIVE (5) years, beginning on the 1 st day of April 2002, and ending on the 31 st day of July 2006. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE will be responsible for the maintenance, repair and upkeep of the said premises, ordinary wear and tear excepted, SAVE AND EXCEPT the Parks Department of LESSOR will continue to do its routine upkeep of the leased premises. EXHIBIT A 1 2. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever in any way arising out of or as a result of this agreement, including but not limited to actions for damages or injuries to persons and/or property occurring on the leased premises resulting from LESSEE's, its invitees', agents', servants' or employees' use. LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair; LESSEE hereby waives any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries. LESSEE shall, at all times during the term of this Lease, keep and maintain, in full force and effect, a policy, or policies, of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence for bodily injury or death and $100,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the premises of said leased property, or any part thereof, as the result of the negligence of LESSEE, its invitees, agents, servants or employees, and shall pay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall, and must, be written and issued by a reputable insurance company, or companies, with LESSOR as an additional insured, subject to approval by the City Attorney of the City of Paris, and LESSEE, or its insurance carrier or carriers, shall deliver a copy of any such policies to the City Clerk of the City of Paris, 150 1 st Street S.E., Paris, Texas 75460, or furnish to said City Clerk a current letter or certificate from such company, or companies, evidencing the fact that such insurance is in full force and effect at all times during this Lease, and specifically noting thereon that LESSOR is an additional insured. All such policies shall be written so that the LESSOR will be notified of cancellation or of any restrictive amendment of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 2 3. That LESSEE will not sublet the rented premises, or any part thereof, without the consent of LESSOR, in writing, first had and obtained; provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one (1) week. 4. That LESSEE has the right, but no obligation, to replace and repair fences, the location of same to be approved by LESSOR, who hereby authorizes its Director of Parks to approve the same. 5. That LESSEE shall not install, erect or provide any device, in addition to such devises and equipment presently located at and in use and in connection with the operation of the leased premises. 6. That LESSEE shall not commit, or suffer to be committed, any waste on the leased premises, nor shall LESSEE maintain, commit or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any way conflict with any law, ordinance, rule or regulation affecting the occupancy and use of the leased premises which is or may hereafter be enacted or promulgated by any public authority, or allow the premises to be used for any improper, immoral or unlawful purpose. 7. That it shall be lawful for LESSOR to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 8. That LESSEE will take good care of the leased premises and be responsible for and make good to LESSOR all injuries and damages to the same caused by LESSEE, or those under it, and will deliver same to LESSOR at the expiration or termination of this Lease, in as good condition as when received, usual wear and tear alone excepted, and LESSEE will, upon the expiration of this Lease, peaceably yield up to LESSOR all and singular the premises and all erections, additions or repairs to or upon same, in good repair. 9. That LESSOR shall have the right and privilege of using any portion of said property so leased for functions sponsored by the City of Paris, or any department thereof, which function has been approved by the City Council of the City of Paris, which use shall be conducted on a non-interfering basis with the LESSEE's use. 10. That LESSOR shall have the right and privilege, at its option, to terminate this Lease for necessary municipal functions so declared by the City Council of the City of Paris, and, upon the giving of ninety (90) days written notice by LESSOR, LESSEE shall vacate such portion to be so utilized. 11. Should LESSEE default in, or fail or refuse to keep, any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, in writing, and, in the event such default, failure or refusal has not been corrected or performed within ten (10) days from the date of such notice, then this Lease may be terminated at LESSOR's option, and it shall be lawful for LESSOR to re-enter the leased premises and remove all persons, property and effects therefrom, each and every claim for damages by LESSEE for or by reason of said re-entry being hereby expressly waived. 12. That all notices provided for herein must be made by registered or certified mail, return receipt requested, addressed as follows: If to LESSOR: City Clerk City of Paris P. O. Box 9037 Paris, TX 75461-9037 If to LESSEE: Secretary Boys Club of Paris 1530 1st Street N.E. Paris, TX 75460 That the parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. 13. The terms of this Lease are binding on, and the benefits herein inure to, the heirs, administrators and executors of LESSEE. EXECUTED ON the dates shown in acknowledgments below. CITY OF PARIS, LESSOR ATTEST: By: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: 4 Larry W. Schenk, City Attorney BOYS CLUB OF PARIS, LESSEE ATTEST: By: Joe Bob Margraves, President Bill Gibson, Secretary STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL J. PFIESTER, Mayor of the City of Paris, Paris, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9th day of July, 2001. Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared JOE BOB MARGRAVES, President of the Boys Club of Paris, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __ day of July, 2001. Notary Public, State of Texas