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05 Lease Agreement - RRVFAAGENDA INFORMATION SHEET PROJECT: A new Lease Agreement between the City of Paris and Red River Valley Fair Association for use of Reece Field. BACKGROUND: The City has previously had a Lease Agreement with the Red River Valley Fair Association whereby the Fair Association leased the Reece baseball field for use during the months of August of each year through March of each following year. The rental was $1.00 and other good and valuable consideration. The current Lease Agreement expired on March 31, 2001. The Fair Association has requested a new Lease Agreement be renewed for an additional five (5) years, with their use of the field to begin August 1, 2001. You may recall the City has a similar Lease Agreement with the Boys Club whereby the Club utilizes the field during the months of April through July of each year. A new Lease Agreement recently approved by City Council for the Boys Club begins on the 1st day of April, 2002 and extends to July 31, 2006. Pursuant to directions from City Council, the proposed Lease Agreement now contains language designating the primary purpose and use of the premises as a baseball park, with the use of the park by the Fair Association as a parking area secondary to the primary use. The Lease also now provides that no parking will be permitted on the infield of the baseball park, and that parking will be permitted on the outfield surface only under such conditions that the outfield surface will not be substantially damaged. To the extent that any damage is done to the field, either the infield or the outfield, the Lease now provides that the City will repair such damage prior to its use for a baseball park, and the Fair Association will be responsible for all costs of such repairs. DESCRIPTION: The new agreement requested by the Fair Association would result in a continuation of the current arrangement for use of Reece Field, with the Boys Club utilizing it during the months of April through July of each year and the Fair Association utilizing it for the remainder of the period of tLme not used by the Boys Club. COST: Not applicable. RECOMMENDED ACTION: Consider the request of the Fair Association for the adoption of the resolution approving a new the Lease Agreement. STAFF CONTACT: Terry Townsend, Dir. of Parks and Recreation; and Larry W. Schenk, City Attorney SCHEDULE: Not applicable. LOCATION: The Lease Agreement in question is for lease of the Reece Baseball Field adjacent to the fairground. SUPPLEMENTAL INFORMATION: See enclosed resolution and proposed Lease Agreement. COUNCIL DATE: Consider for approval at City Council's August 27, 2001, regular Council meeting. DRAFT 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 REI) RIVER VALLEY FAIR ASSOCIATION, INC. 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 of Paris owns the ball park and facilities known as "Reece Field," which is adjacent to that certain property leased to the Red River Valley Fair Association, Inc. known as the Fair Grounds; and, WHEREAS, the Red River Valley Fair Association, Inc. has requested that said "Reece Field" be made available for its use from August of each year through March of each following year for five (5) years, beginning on August 1, 2001, with the Boys Club of Paris being leased the same for the months of April through July of each year; and, WHEREAS, the City of Paris is desirous of continuing its support of the Red River Valley Fair Association, Inc. and its annual activities; WHEREAS, the form of the Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris should be authorized to execute the same; NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF ~ 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 Red River Valley Fair Association, Inc., attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the Mayor of the City of Paris, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Red River Valley Fair Association, Inc. for the use of "Reece Field" from August of each year through March of each following year for five (5) years, beginning on August 1, 2001, 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 APPROVED this 27th day of August, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney COUNTY OF LAMAR ) ) KNOW ALL MEN BY THESE PRESENTS: STATE OF TEXAS ) THIS LEASE AGREEMENT is made this 27th day of August, 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 RED RIVER VALLEY FAIR ASSOCIATION, INC., Fair Grounds and Center Street, P. O. Box 964, Paris, Lamar County, Texas, acting by and through the authorized official whose signature appears below, hereinafter referred to as LESSEE. WlTNESSETH 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 RED RIVER VALLEY FAIR ASSOCIATION, INC. 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, 1.amar 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 August of each year through March of each following year for FIVE (5) years, beginning on the 1st day of August, 2001, and ending on the 31st day of March, 2006. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. LESSEE is aware that the premises consist of a baseball field and associated properties, immediately adjacent to the fairgrounds property operated by LESSEE. LESSEE is likewise aware that the premises are utilized as a baseball park by the Boys & Girls Club under separate lease to the City beginning the first day of April and continuing through July of each calendar year. LESSEE intends to utilize the premises for overflow parking purposes during fair events and other events conducted by LESSEE. LESSEE recognizes that the primary use of the premises is as a baseball park and the use of the premises for parking purposes is secondary thereto. As a consequence, LESSEE covenants and agree that it will erect necessary control barriers and other measures such that no parking shall occur on that portion of the premises recognized as a baseball infield. Likewise, LESSEE recognizes and agrees that parking will be permitted only in that portion of the premises recognized as a baseball outfield, and the use of said outfield property for parking purposes shall be only under such conditions as the outfield property is not in any way adversely affected by the parking. If the condition of the premises is such, due to rain or other weather conditions, that parking on that portion of the premises identified as the outfield will result in inordinately damaging or destroying the vegetation, rutting of the property, or other surface damage, then the outfield portion shall likewise not be used for parking purposes, and LESSEE shall be responsible for erecting the necessary barriers or other preventive measures to prohibit parking on said property. During the term of the lease of the property to LESSEE, should the property, either the infield or the outfield, be damaged in any way, and that portion of the property so damaged is unsuitable for use as a baseball field, then LESSOR shall repair the property as necessary to return it to a suitable condition for use as a baseball field, and LESSEE shall defray all of the expense of LESSOR making such repairs. 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 1st 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. 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 shah 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 on the 31st day of March of each year during the term of the Lease and at the expiration or termination of this Lease, in as good condition as when received, and LESSEE will, on the 31st day of March of each year during the term of this Lease and 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 4 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 Red River Valley Fair Association P. O. Box 965 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 By: Michael J. Pfiester, Mayor 5 ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney RED RIVER VALLEY FAIR ASSOC. ATTEST: By: , President , 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 27th day of August, 2001. Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared , President of the Red River Valley Fair Assoc., 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 2001. day of August, Notary Public, State of Texas 7