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1744 RES CITY COUNCIL IS INTERESTED IN COOEPRATING WITH AND SUPPORTING BOYS CLUB OF PARISRESOLUTION NO. 1744 WHEREAS, the City Council of the City of Paris is interested in cooperating with and supporting the Boys Club of Paris, Inc. 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 for the Boys Club of Paris, Inc. 's use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, James M. Brunette, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement with the Boys Club of Paris, Inc. , upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 8th day of March, 1976. 01":R J es . run t e, ayor ATTEST: . . : Greene, City Clerk' APPROVE TO FORM: ~ w T. K. aynes, ity Attorney LEASE AGREENiEN? STA TE OF TEXAS # KNOW A LL MEN BY THESE PRESEiVTS: COUNTY OF LAMAR i LEASE AGREEMENT BETWEEN the CITY OF PARIS, a munfcipal corporation, acting by and through its Mayor clily authorized, hereinafter referred to as Lessor, and BOYS CLUB OF PARIS, INC., Paris, Texas, acting by and through its President duly authorized, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the payment to the CI1Y OF PARIS, a municipal corporation, the sum of ONE AND N01100 DOLLARS and other good and valuable consideration, the receipt and sufficieney of which is hereby acknowledged, the CITY OF PARIS does hereby lease, rent and let unto the BQYS CLUB OF FARLS, INC., the following de- scribed property: All that certain tract of land located in Paris, Lamar County, Texas, to-wit: BEGINNING at a point 300 feet West of the intersection of the NB line of Hickory Avenue with the WB line of Fitzhugh Ave., also designa.ted as 9th Street, N. E. , the same being the SE corner of a twelve (12) acre tract of land sold to the Lamar County Fair Associatfon by H. E. Clement Estate in 1936, described in deed recorded in VoL 245, Page 575, Lamar County Deed Records; THENCE North 600 feet; THENCE West 600 feet; THENCE South 600 feet; THENCE East 600 feet to the point 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 is for ten (10) years, beginning on the lst day of April. 1976 and ending on the 31.st day of March, 1986. IN COl`3SIDERATION HEREOF, it is mutually agreed by and between Lessor and Lessee: EXHIBIT A 1. That Lessee will be responsible for the maintenance, re- pair and upkeep of the said premises, ordinary wear and tear excepted. 2. Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and ali demands, debts, liabflities, suits.. claims and causes of action of every kind and character whatsoever for damage or injuries to persons and/or property occurring on tize leased premises resulting from Lessee's, its members, invitees, agents, servants or employees' use, and Lessor shall not be liable ta Leasee, its members, invitees, agents, servants, employees, licensees 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 becomtng out of repair, Lessee hereby waiving any defects therein and agrees to hold and save Lessor harmle$s from all claims for any such damages or injuries, and Lessee must at all times during the term of this agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $ 100, 000. 00 per person and $300.000. 00 for any single occurrence for bodily injury or death and $10, 004. 00 for any single occurrence for injury to or destruction of property, tndemnifying 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 thereoE, as the result of the negligence of Lessee, its members, invitees, agents, servants or employees, and shall gay all premiums due thereon when due. It is expressly provided that such insurance policy or policies shall and must be wrftten and issued by a reputable insurance company or companies, subject to approval by the City Attorney of the City of Paris, and Lessee or its insuraace carrier or carriers shall deliver a copy of any such policies to the City C1erk of the City of Paris, or furnish to safd 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 ttmes during this lease and any extension thereof. 3. Lessee agrees to keep all insurable improvements on the leased premises insured for the benefit of Lessor for Ioss by fire, lightning and all risks Included fn the term "extended coverage" to the extent of their insurable value, such insurance to be carried with a reputable insurance compa.ny, subject to approval by the City Attorney of the City of Paris, and Lessee or its insurance carrier shall deliver a copy of such policy of insurarce to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company, evidencing the fact that such insurance is in full force and effect at all tirnes durirg this lease and any extension thereof. 4. That Lessee will not aublet the rented premfses, or any part thereof, without the consent in writing of Lessor 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 week. 5. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written approval of Lessor. 6. That Lessor shatl have the right and privilege of using any portion of said property so leased for functions sponsored by the City of Paris, or a.ny department thereof, which function has been approved by the Ctty Council of the City of Paris, which use shall be r conducted on a non-interfering basis with the Boys Clu b of Paris, Inc. 's program. 7, That Lessor shall have the right and privilege at its optian to termina.te this lease for necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of ninery (90) days written notice by Lessor. Lessee shall vacate such portion to be so utilized. 8. Should Lessee default in, or fail or refuse to keep any of - the covenants, conditions, stipulations and/or provisions herein con- tained, notice thereof shall be given to I..essee by Lessor, and in the event such default, failure or refusal has not been corrected or per- formed within sixty (60) days from the date of such notice, then this lease contract 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, all and every claim for da- mages for or by reason of said re-entry being expressly waivecL 9. In the event Lessee shall keep each and every agreement contained herein and do and perform all the obligations required of Lessee hereunder during the term of this lease, an option is hereby given and granted to Lessee to renew and extend this Iease for an addittonal per#od of ten (10) years from and after the expiration of this agreement, which option may be exercised by Lessee giving notice in writing of Lessee's fntention to renew said 4ease thirty (30) days prio.r to the expiration of the primary term of the lease. 10. All notices provided for herein must be made by re- gistered or certified mail, return receipt requested. 0 WITNESS our hands this 8th day of March. 1975. A TTEST: . . Greene, ty er A TTEST: R. H. rmiger, ecretary STATE OF TEXAS 0 COUNTY OF LAMAR I CI1Y OF PA RIS By. james N~. Brunette, Ivlayor LESSOR BOYS CLUB OF PARIS, LNC. By: ommy ncan, resi ent LESSQR BEFORE ME, the undersigrâ–ºed authority, on this day personally known to appeared JAMES M. BRUNBTTE. Mayor of the City of Paris, me to be the person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he ~ cand in he capac~ y the e n poses an d c o n s i d e r a t i o n t h e r e i n e x p r e s , stated. - GIVEN UNDER MY HAND AND SEAL OF QFFICE, this day of March, 1976. otary ub ic, Lamar 'ounty, exas STATE OF TEKAS 0 COU~VTY OF LAMAR I BEFORE ME, the undersigned authority, on this day personally appeared TOMMY DUNCAN, Presfdent of the Boys Club of Paris, Inc., known to me to be the person whose name is subscribed to the fore- going instrument, and acknowisdged [o me that he executed the sarne for the purposes and consideration therein expressed, and in the capa- city therein stated. GNEN UNDER MI HAND AND SEAL OF OFFICE, this day of Ivlarch, 1976. Notary Pub ic, amar ounty, exas