2155 RES COP IN RES NO 1840 AUTHORIZE LEASING OF AMUSEMENTPARK AREA OF CULBERTSON PARKRESOLUTION N0, 2155
WHEREAS, the City of Paris did in Resolution No,
1840 authorize tne leasing of the amusement park area
of Culbertson Park to Kenneth Gifford for a term of
five (5) years; and,
WHEREAS, Mr. Gifford's performance under said lease
has been satisfactory and he has requested an additional
term of five (5) years with a five (5) year option, with
authority to operate said park until 12;00 o'clock
midnight; and,
WHEREAS, the form of such lease is attached hereto
as Exhibit A; NOW, THEREFORE,
BE IT RESOLVEI7 BY THE CITY COUNCIL OF THE CITY OF
PARIS, that the Mayor of the City of Paris, Billy Joe
Burnett, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the lease between
the City of Paris and Kenneth Gifford, attached hereto
as Exhibit A, for a term of five (5) years beginning
April l, 1982 and ending March 31, 1987, with an option
to renew and extend lease for an additional period of
five (S) years
Passed and adopted this 12th day of April, 1982.
400,
Bi ly e Burnett, Mayor
ATTEST:
~
H. C. ree m-, City Clerk-
APPROVED AS TO FQRM:
`T. K.~ ynesity Attorney
STATE GF 1'r:XAS ~
COUNTY OIa' LAMAR ~
LEASL AGREEMENT
KNOG1 ALL t-IEN BY THESE PRESENTS ;
THIS LEASE AGREEMENT, made and entered inta this 12th,
day of April, 1982, by and.between the CLTY OF PARIS, Paris,
Texas, a municipal corporati_on, hereinafter called LESSOR,
and KENNETH GII'FnRD, o.f. Larnar County, Texas, hereinafter
called LESSEE. GJITrvESSETH :
Far L'-ie terni anct cans i.deration , and upon tize terriqs,
specifieatiol-is and conditions herein p.rescribed and spec.i-
fied, LESSOR does hereby let and lease L-a LESSEE, KENNETH
CTIF"F'QRD, ai.l that portion of Culbertson Park, a recreation
area owned by said CII'Y 0F PARIS, bounded an the North by
Neathery Street, bounded an the East by 17th Street, S, E,,
bouslded or, the Satith by East Hearon Street, and bounded orl
the West by a fence r.unnin.~?; clue North and South from
Neathery Street tct East Iiearan Street, whi_ch fence is lo-
cateci vn ttie West Side of the miniature g;olf course now
existix~f, on the area invoLved, being the area now under
fencc on the ex.treme East porCion of Culbertson Park,
The term af: this lease sizall be for a periad of five
(S) years fro:a and aftr,r Azpril l, 1982, that is from April l,
1982 through March 31, 1987, aL which time and an whi.ch ciate
t?ze same shall terminate, unless soone.r terminated as he.rein
specified and provided, dux-ing tiahich term LESSEE may and
shall occupy the 7ame and use the same as an amusement and
recreatian center, and f_or no othe.r purpasQ, on consideratfon
of and for which, LESSEE, KENNET:i. GIFFORD, contracts, agrees
and oblig;ates himself, hi_s heirs and assigns, that he will
pay and deliver aver to t::ie. City Clerk of the City af Paris,
month:ly, on the ist day of eac.h :nonth herea£ter, during the
term of sai_d 1e3se, a certi.fiad state.ment o'L the gross re-
ceipts accrizing to ar.iu irom the operat3..on of the amusement
center arid each facility t.dereof for the immediately pre-
ceding month, therewith paying and delzveririg ta the City of
Paris as r.ental. or lease money a sum equal to ten per cent
(107.) of said gross receipts, income from the c>peration of
the :niniatu7-e gol:E course, or any ather amusement placed on
and used izg the all'oresaid propPrty.
In trie event that LESSEE shal_1 keep each and every
agreer.lerit contai.ned ?-rerein and do and perform all the obli-
bations rec~uired of LE:~SEE hereunder during the term af this
lease, an option is nereby ~;zven and branted to LESSEE to
ren.ew and extezzd this lease for an additional period of five
(S) year.s frozr: and after the expzration of this agreement,
far and in cGnsideration of the deliveryo uf monthly payments,
on t;:7e 1st ciay of each mont'h, tc the City Clerk of the City
of Paris, during the term iaf said five-year option per.iod,
a certified statement of L'ne gross receipts accruing to and
from the opera.fii.on af the amusement center and each facility
thereo-IL' for 1--h.e i.nlmediately preceding month, therewith payi.ng
and deli_verin` to the C;ity of Pari_s as rental or lease money
a sum equaI to ten per cent: (10%) of sai_d gross receipts,
income trclm the operation of the miniature golf course, or
any other amuserlent placed on and usFd in the aforesaicl prop-
erty. Said option be exerc : sed by LESSEE' S giving notice
in writing of LESSEE' S intent.ion to renew said 1e.ase on ar
before the 1st day o:f March, 1987.
EXHIBIT A
TO RESOLUTION N0. 2155
In cc}r,siderat:i_on whereof, LESSOR atzcl L:ESSEE mutually
agree as t:o11vws .
( i j 'ihat L,ESSQR let and 1ease to LESSEIs the abave
dc.scribed property and pretnises at tne rental and for the
term anct consideration her.einabove set outr and upon the
covenants .ind conciiti.ons hereiri specifa_ed.
(2) I_f LESSEE shal:l at any time abandon such 7_eased
property anci prernises, or shal_i by any znean.s evidence his
desire Qr intention to cease to operate thereat and thereon
arz amusement and recreata.or.z c:enter, then LESSOR may, at its
optiozx, cancel this lease by acrion of i.ts Governing Body,
spr.ead on the nlinxites of such Governinb Body, without
liability to LESSEE, his hei4s or assi.gns, and in such
event. LESSOR sizall be entitled ta and r.1ay disgose, as it
may see f:it, of an,= ai.d a11 impravements or eq_uipment lo-
c.atPd thereon.
(3) That if the I.aESSEE shal.l make default in the pay-
ment of anv rentals ciue under the terms of this lease, then
the LESSOR sllall have the riaht to terminate said Iease by
givinF>_ the LESSLE thirty (30) days notice i.n tivriting of its
intenti.an to ter_mirLat_e said 1ease, a11d any and alI properties,
improvements or equipment t:heieon ?_acateci, may be dispased
of bv t?te T ESSQK as it seEs f it.
(4) LI;SSEE shali and must kee.p and maintain said leased
prcjper.ty and premi ses in a cl.ean and c:.areful manner, suffering
3.o trespass upun the same and allowing no unclean or un-
hezilthy condit:i.on cr practice to devel.ap thereon.
That th; IaESSGR agrec.~s tha.t in the event any trees
located upon sai_d orel;iises shal1 die or shaZl oecome m=sti-
i.aced by the loss of l.imbs or port.ions of limbs, that LESSEE
wi.Ll rGmcve the same, by removin.n the dead li_mbs or Lhe dead
trec, if ai7_y, or an_y porLion of 1imbs that mdy become damaged
from the t.ree ancl from the premises at the expense of the
LESSEE.
(3) That aL n.o ti.r.me durin.b tne term af this iease shall
LESSur perini.t or a1.1ow ariy ez:cessive noi.ses on or in con-
nection with tYie oneration and use of said leased premi_ses,
inc.:Iuciing among otrler- things, playing of any loud m.usic, ox-
an.y ot.her noise wh_'tcYY woulcl consLitute a nuisance to tne
people .residing irl t}1e vic.i_nity of such leased premises.
That a b.reach of an.y pdrt or Portiozi of this section shail
at the option of the I.,ESSQR work a:Lorfei_ture of this lease.
(6) LESSEE further agrees, contract:s and obligat:es
himself, his he.ir_s artd assi.gi.s, that such amusement and
recreation center, and all `acilities thereof, will be closed
to the pLihlic, tint~ the samF^ shall naC and will nnt he cpen to
the public for any purpose af_ter 12:00 0' clock midnight at
a.ny time clurinz7 tili.s lease.
(7) LESSEI; sha11 not install, erect or provide any ariuse-
r.1e.;at or recreation detirice, i.n addition to sLZCh devices and
equipme.nt present:ly ]_ocateti at: and in use and ir connection
with Lhe operation of t:he leased nremises, without first
securing the w.ri_tt.en permission for such i_nstallat-.ion or
provisic» from the Ci_ty A1anager of the City of Pa.ris.
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(8) LESSOR sha1.1 at: a:ly anci alI Cimes have the right
ifier upon t:.he leased pi-operty and premises for the pur-
of inspectang the condi.t-ion of tne same and to enforce
'ederal or State law or ardinance of the Gity af Paris,
!ach and every provision of this abrq~ement .
(9) LESSC)it stlti11 not be 1i_able to LESSEE, ha_s agents,
ser..ailts, emplayees, patrons, cus totners , visitors, guests
or ir vi tees , f or any danage or inj ary caused by the act or
negl.igence of anv pe;.son, or resulting fz-or~r the operation
o.f. any ~3e~,rice ory equipment I.oc.ated upan the leased property,
or rany part or appurt.enancE= therecsf, , nor fo.r_ any damK3ge or
injury fro?n any defect or want of repai_r of_ any structure
or devi.ce on suclz pL-emises ; further, LESSEE agrees to in-
de«inify, save aind keet) harmless LESSOR from an_y azd all
c±e~aands, cleb*~s, lzabilities, su~..t.es, clairas and causes
of actiori c,f every k1ncl on account of injury or da:zage to
any person or p7-operty, arising from or connected wi_th the
use, occuvancy anci control of sai.c3 proper. ty and prer.7ises
by LESSEE during; the ter;n of this lease.
(10) LESSFE shal.l and must at a11 times dtiring the
term, of t:-Lis agrtement keep and maintain in fu11 force and
cffect a. policy or policies of insurance, providin; at least
$100,000.00 per person and $300,000<00 for any single occur-
rence f.or bodi:1y injury or death anci $10,000.00 for any
si-ngle occurrencE far i_njury to or destruction of property,
inde-rcnnifying al.l persons for any and al1 damges, personal
injuries or property dama-es sustained in or upan the
premises of sa.ic.' 1easE.d property, or any part thereof, as
the result of the negligence of LESSEE, his agents, servants
or employees, and shal-l pay a11. premi_ums ciue thereon when
due. I:t is expressly nrovided that sueh insuranee policy
or pol.icies shall and must be written and assued by a
reputab le insurance company or ccmpani es , sub j ect to
approval by the Cit=y Attorriey of the City of Faris, and
LESSEE or his insurance c:arrier or carriers shall deli.ver
a capy oL any S11Ch pOlicies tQ the City C;lerk of the City
of Paris, or fur.nish to said City Clerk a current letter
or certiiicate from such comgany or companies, evidencing
the fact that siich insurznce is in fu11 farce and effect
at all tiz?les du:ring, t.his lease.
(11) LESSEI, shaI.l kee-1, anc' perfori:i every agreement and
covenant hereixi contz-iined anci si-ia11. conform to and observe
.L. the State
all 5ani.t3ry ardinanc.e.s, a°iiles and regulations o'
of Texas and City of Pari.s apglicabl.e to the leased property;
an:i in the event LESSEE sha11 default in any covenant, cori--
dition, provisi.on or stipulation herein contained, this
agreerient may be t.erminated a* LESSOR'S option, and it shall
be 1awful far LI,SSOR, in such evenr_, to re-enter the leased
premi.ses and rernove all. persons, praperty and effects there-
from and take possession thereof without li_ability to any
person, firm or corpora.tiori by reason of such repossession,
LESSEE hereby waivirg; cver.v claim for dar.lages for or by
reason of said re-entry.
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11..
EXECUTED IN i UPL:LCATE ,.iL Paris, Texas, on this the
12th day af April, 1982.
CITY OF PA.RIS
BY:
Bi.lly Joe Burnett, Mayor
ATTEST:
H. C. Greene, City C1erk
LESSOR
KennetE Gi77 or~
APPROVED AS TO FOK1:
7' K. Hayries,~Cit.y Attorney_
LESSEZ,
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STATE Qr TEXAS I
COI~NTY OF LAM1-1R I
BEFORE ME, t.hc unders i.gned autharitv, on this day
persa-,.a11y agpeareci BZLLY ,?OL BILiRi3E'I"T, Mayor o£ the C;ity
of Par. is , known to me to be the per san whose name is sub-
s^ribeci to the foregoing ins t.:rur_ient , and acknowle.dged to
m,e thai`: re executed the san.ie for tiic -ourposes arzd conside.r-
.fr ion thei:e:in expressed, as t.he a.ct and de.aed of said Cit.y
arici in t'he capaci.ty tperein sC-ated,
GIVEN UI4DER M`1" HA:`dD AND SEAL OF OFFICE, thi.s day
of AiDril, 1982.
Notary_Fub7_ic°, State o - Texas
STATr. OF Tr XAS ~
COt1NTY OF L,AMAR X
BEFORF: ME, the undersigned authority., on this day
persanali.y dpr;eared KENNETH GIFFORU, known to me to be
the pexson wi'iose name is subscri_bed to the foregoing in-
s trumezzt ,and acknowrledged to me thalL he executed the
sarne fo.r t:he Frxrpases and considera.tion therein expressed.
GIVEN UNDER ZfY HA:."VD AND SEAL OF OFFTCE, this day
of Apra_1., 1.982.
fdotarv Pu lic, State oi Texas~
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