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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. -2- (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. -3- 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, -4- 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~ -5-