1690 RES CITY COUNCIL LEASED AREA KNOWN AS FAIR GROUNDS TO RED RIVER VALLEY EXPOSITIONRESOLUTION NO. 1690
WHEREAS, the City Council of the City of Paris has for
several years leased a certain area known as the Fair Grounds to
the Red River Valley Exposition, Inc. , a Texas corporation; and,
WHEREAS, said past lease expired on the 30th day of April,
1975; and,
WHEREAS, the City Council of the City of Paris is desirous
of encouraging the Fair conducted by the Red River Valley
Exposition, Inc. , by granting a new lease, upon the terms and con-
ditions and in the form attached hereto as Exhibit A; NOW, THERE-
FORE,
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 Red River Valley Exposition,
Inc. , upon the terms and conditions and in the form attached hereto
as Exhibit A.
Passed and adopted this 9th day of June, 1975.
.
C~~. - A'e " - Azzr-
Ja s M. runette, ayor
ATTEST:
H. C. Gre ne, City Clerk
APP OVED O FORM:
. K. aynes, ity ttorney
BEGNNING at a point in the center line of a
drainage ditch, said ditch being located bctween
1-Iickory Street and Clement Road, and the beginning
point being West 260 feet from the Southwest Corner
of the intersection of Fitzhugh Avenue and Clement
Road (the Northeast Corner oE Block 256) and also
being S 2° 00 E along the centerline of a drainabe
ditch;
TI IENCI? North 88 ° 30' West 2$7 feet to a point;
THENCE South 1° 30` West 84 feet to a point;
TI-IENCE North 88 ° 30' West 477 feet to a point,
same being in the East Margin of 6th Street, N. E. ;
TI-IENCE in a Southerly direction with the East
Margin of bth St. , N. E. 16 feet to a point;
THENCE South 88 ° 30' East 477 feet to a point;
THENCE South 1° 30' East 200 feet to a point;
THENCE South 88 ° 30' East 297 feet to a point in
the center line of a drainage ditch;
THENCE North 2° 00' West with the center line of
the drainage ditch 300 feet more or less to the place
of beginning, containing 2. 19 acres of land more or
less. 'Ihe term of this lease is ten (10) years, beginning on the
lst day of July, 1975 and ending the 30th day of June, 1985.
IN CONSIDERATION of the leasing and letting of said premises
and the use and occupancy thereof by Lessee, Lessee agrees to effect
and perform repairs to existing bui.ldings, structures and other im-
provements and to make additional improvements on the leased pre -
mises to the extent of ten per cent (10%) of i.ts annual gross re-
ceipts, Lessee hereby agreeing to expend for such purposas the sum
herein set out during each year of this agreement, the total amount
to be expended by Lessee for such purposes during the term of this
lease to be not less than ten per cent (10%) of its total gross re-
ceipts for the ten year period covered by this agreement; provided
11owever, that iri the event Lessee expends in excess oi ten per cent
of i.ts gross receipts cluring any one year hereof for sucll purpases,
such excess may be credited on the total amount to be expended b_y
Lessee her.eunder. 'Ihe term "gross receipts" shall mean the total
re::eipts of Lessee fr•om all sources by reason of ttie use of tlie
rentec3 pr_emises.
per-sons, praperty and effects therefrom, all and every claiin for da-
mag,)es for ar by reason of said re-entry being expressly waived.
(14) Ail water and sanitary sewer pipe in, on or under the
leased premises belonging to Lessor may be kept there if or until
removed bv Lessor.
(15) In the event Lessee sha11 keep eac11 and every agreement
contained herein and do and perform all the obligations required of it
he;reunder during the term of this lease, an option is hereby given and
granted to Lessee to renew and extend this lease for an additional
perioa of ten (10) years from and after the expiration of this agree-
ment, which option may be exercised by Lessee giving notice in
writing of its intention to renew said lease ninety (90) days prior to
the expiration of the primary term of the lease.
(16) Lessor is given and granted the right to place streets
or utilities or drainage appurtenances in, on or under any of the pro-
perty herein leased to the RED RIVFR VALLEY EXPOSITION, INC.
(17) That the Lessor shall have ttle right and privilege of
cancelling said lease by giving notice on or before the lst day of
July of any year, either during the primary term or during any ex-
tension hereof.
(18) That Lessor shall have the right and privzlege of using
any por_ tion of said pr. operty so leased for functions sponsored by the
City of. Paris or any depar.tment thereof, which function has been
approved by the City Council of the City of Faris, al.l of which func-
tions shall be conducted on a non-inte.rfering basis vvir.h tlie annual
Fair conducted by the Red River Valley Exposition, Inc.
(19) "Ihat Lessor sfiall have the ribht and privilebe at i_ts
oprion to tez minate thi s lease as to r_he entir_ e tracr, oz- any- part
thcraof, in ttle event Lessor desires to use tlie property, or any
poi-tion thereof, for- necessary municipal functions, such as enlargin;
STATE OF TEXAS 0
COUNTY OF LAMAR ~
KNOW ALL MEN BY THE SE PRESENTS:
LEASE AGREEMENT BETWEEN rhe CITY OT YARIS, a
municipal corporation, herein called LESSOR, and RED RIVER VALLEY
EXPOSITION, INC., herein called LFSSEE, executed in duplicate the
9th day of June, 1975, witnesseth:
The leased premises consi.st of the followin~ described property
of Lessor in Paris, Lamar County, Texas, namely:
BEGINNING at the intersection of Che N. B. Line of
Hickory Avenue with the W. B. Line of Fitzhugh Avenue,
also designated as 9th St. , N. E. , the same being the
S. E. corner of a 12 ac.re tract of land sold to the
Lamar Lounty Fair Association by fi. E. Clement Estate
in 1936, describecl in deed recorded in Vol. 245, Page
575, Lamar County Deed Records;
THENCE North 1501. 5 feet to the N. E. corner of
said 12 acre tract, same being the S. B. Line of
Clement Road, said Clement Road being 60 feet in width;
THENCE West at 380 feet to the N. W. corner of said
12 acre tract, same being the N. E. corner of a tract
of land purehased by the Larnar County Fair Association
in 1916, described in deed recorded in Vol. 160, Page
322, Lamar County Deed Records, continuing West in all
1710 feet to the N. W. Corner of Block No. 31, Faiz view
Addition to the City of Paris, same being the E. B.
line of 3rd St. , N. E. , same being the most Nurtherly
N. W. corner of a tract of land purchased from H. E.
Clement in 1921 out of the Tairview Additi.on and de -
scribed in deed recorded in Vol. 199, Page 311, Lamar
County Deed Records;
THENCE South 1356 feet with the E. B. Line of 3rd
St. , N. E. , to the N. B. line of I-lickory Avenue;
THENCE East with the N. B. line of Hickory Avenue
325. 6 fcet to the E. B. line of 4th St. , N. E. ;
TI-IENCE South 149 feet to the S. W. corner of Black
12, said Fairview Addition;
TIIENCE East 478.4 feet;
THENCE Nortti 600 feet;
THENCE East 600 feet;
r1HLNCE South 600 feet;
THENCE East 300 feet to the place of beginnin,cr.
SA`'E AND EXCEPT the followin~ describeci tx-act c~f land:
Situated within the corporate limits of fLrie C;ity of
Paris, Lamar Coiinty, 'I'exas, and being a part uf Rlock
256, as shown on the TaY Map of ttie Ci.ty of Paris, and
nlore ftilly describea as tollows:
EXHIBIT A
IN C0NSI1DERATI(JN HEREOF, it is mutually agreecl by and
bettiveen Lessor and Lessee:
(1) That Lessee wi11, at its sole cost and expense, effect
repai.rs to all existing buildings and structure5 on the leased pr.e-
mises, as speedily as it c1n finance same, so that same will be safe
and suitable for tlle purposes for which they may be used by Lessee
and wi.ll keep and maintain same in bood, safe and sanitary condition.
(2) 'rhat no repairs, improvements or changes in location or
otherwise, will be made to any buildings, structures or other thinbs
located thereon nor will any new structures be placed on any part of
the leased premises without the prior appr-oval of Lessor.
(3) That Lessee, for the benefit of Lessor, will keep all
buildings and other insurable improvements on the leased premi ses
insured against loss by fire, 1_ightning and ali risks included in the
term"extended coverage" tQ the full eYtent of their insurable value
and shall pay all premiums due thereon when due. It is expressly
pr. oviaed that such :insurance policy or policies shall and znust be
written and issued by a reputable insurance company or c:ompanies,
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, or furnish
to said City Clerk a current lerter or certificate f.rom such company
or companies, evidencing the fact that such insurance is i.n full fo.r.ce
and e.fEect at all timos durin; this lease and any exten,4on thereof.
(4) That Lessee will, at its sole cost and eapense, keep a
ca.r_e:taker on said premises for the purpose of preventi;lg injurq or
dama~;e to the leased pr_emises axld all structures thez-con.
(i) That Lessee will pay for all 1igIits, water, heat and;'or
other urilities used on the leascd premi5es.
(b) That all buildinos, structures, additiotls, fixtures and
improvemer,r_s made upon or added to the leased premises or any
part thereolf s'iall at once become the property oF Lesso.r, and be
surrenderecl to Lessor at thc termination of this lease.
(7) That Lessee will deliver to Lessor annually a verified
copy of the audit of its books and accounts not later than thirty (30)
days after December lst of each year or part of a year covered by
this lease.
(8) That Lessee will not subl.et the rented premises o:r any
part thereof without the consent in writing of Lessor f.irst had and
obtained, provided, however, that such consent may be given by the
City Manager in the event such subletting shall not exceecl one week.
(9) 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
for damage or injuries to persons and/or property occurrinb on the
leasecl premises resulting from Lessee's use, Lessee's sub-lessee
or any tenant of Lessee, and L.essor shall not be liable to Lessee, its
employees, invitees, patrons, licensees or visitors due to the build-
ings or other stzuctures thereon being improperly constructed or
beinb or becoming out of repair, Lessee hereby waiving any clefects
therein and agreeing to hold and save Lessor harmless from all
claims for any such damages or i.njiiries, and I essee shall and must
at all times during the term of this agreement, and any extensions
thereof, kecp and maintain in full force and effect a poli.cy or policies
of insurance, providing at least $100, 000. 00 per pe.rson aald
b300, 000. 00 for an_yT single occurr.ence for bodily injuryo ur death and
$10, 000. 00 for any sinble occur7°ence for injury to or dest.ruction of
proporty, indeninifyin`; all persons f.or znyr and all damages, personal
injurics or property daniages sustained in or tiipon the premises of
said leased pr.operty, or any part thereof, as the result of the neg-
ligence oF Lessee, its agents, servants, employees o.r sub-lessees
and its a~ent, servants or employec:s, and shall pay all premiums
due tliereor: 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, subject to approval by the City
AtCorney of the City of Paris, and LesSee or its insurance carrier or
carriers shall deliver a copy of any sitch policzes to the City Clerk of
the City of Paris, or furnish to said City Clerk a current letter or
certificate froin such company or coi-npanies, evidencinb the fact that
such insurance is in full force and effect at all times during this
lease and any extension thereof.
(10) That Lessor shall not make or be liable for any repairs
or improvements of any kind on the leased premises durinb the t erm
of this lease.
(11) That Lessee take good care of t.he rented premises and
all biiildings and structures thereon and be responsible to Lessor for
any damage or injuries thereto caused by L,essee or those under it.
(12) That Lessee conform to and observe all sanztary rules,
regulations and laws of the State of Texas and ordinances of the
City of Pari.s applicable to the leased premises a.nd not use or permit
the same to be uso-d for any unlawful or illegal purpose.
(13) Should Lessee default in, or fai.l or refuse to keep any of
the covenants, condit:ions, stipulations and/or pr.-ovisions herein con-
taincd, notice therc:of shall be given to Lessee by Lessor, and in ttie
event such default, failure or refusal has not been corrected or per-
foz-ined within thirty (30) days frorn r_he date of such notice, tncii this
lease contract may be terminated at Lessor`s ontion, mld it shall be
lawful for Lessol- ro re-enter.• ttie leased premises anrli remove a11
per-sons, praperty and effects therefrom, all and every claitn for da-
expressly waived.
ma-es for o:r by reason of said re-entry being
(14) Ail water and sanitary sewer pipe in, on or under the
leased premises belonging to Lessor may be kept there if or until
removed bv Lessor.
(15) In the event Lessee shall keep each and evPry aareement
contained herein and do and perform all the obligations required of it
riereunder during the term of this lease, an option is hereby given and
granteci to Lessee to renew and extend this lease for an additional
period of ten (10) years from and after the expiration of this agree-
ment, which option may be exercised by Lessee givi.ng notice in
writing of its intention to renew said lease ninety (90) days prior to
the expiration of the primary term of the lease.
(16) Lessor is given and granted the right to place streets
or utilities or drainage appurtenances in, on or under any of the pro-
perty herein leased to the RED RIVER VALLEY EXPOSITION, INC.
(17) That the Lessor shall have the right and privilege of
cancelling said lease by giving notice on or before the lst day of
July of any year, either during the prirnary term or during any ex-
tension hereof.
(18) That Lessor shall have the right and privilege of using
any portion of said pr. operty so leased for functions sponsor. ed by the
Ciry of I'aris or any department thereof, whicll function has been
approved by the City Cotmcil of the City of Paris, all of which func--
tions shall be conducted on a noti-iriterfering basis wirh tlie annual
Fair conducted by the Red River Valley Exposition, Inc.
(19) "Ihat Lessor shall have the ribht and privilege at its
optioll to termi.nate this lease as to the entire txacr, oz- at7y part
thc.raof, in the event Lessor desires to use the property, or any
poi-tion thereof, for necessary mlmicipal funcrions, such as enlarging
t_11e fire trai.lling area, erection of municipal facilities, constructioii
of s*reers or fot- other rntuzicipal functions, or if the property shall
be utilized for industrial development.
In the event of any of the above contingencics, Lessor shall
giti7e tlie Lessee ninety (90) days notice in writiz7g of its intention to
so utilize the tract, o,r any portion thereof, for the above purposes.
IN WITNESS WI-IEREOF the undersi~ned have executec~ this
lease agreement on the date afuresai.d.
CITY OF PARIS
By :
Jamcs M. Brunette, Mayor
ATTE ST:
H. C. Greene, City Clerk LESSOR
RED RIVER VALLEY EXPOSITION, INC.
By:
C. Glynn Lowe, Presi.dent
ATTEST:
cretary LESSEE
STATI OIi TEXAS 0
COUN"FY OF LAMAR 0
I3EFORE ME, the undersigned authority, on this day per-
sonally appeared JAMES M. BRUNETTE, Mayor of the City of Paris,
known to me to be the person whosc name is subscribed to the fore-
going insr.r. ument, and acknowledgeci to me that the same was the act
of the said City of Paris, a municipal corporat:ion, ancl that he exe-
cuted the same as the act of such muilicipal corporation for the pur -
poses ana consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDEIZ MY HAND AND SEAL OF OFFICE, this
day of June, 1975.
Notary Public, Lamar County, Texas
STA'FE OF TEXAS 0
COUNTY OF LAMAR 0
BEFORE 1VIE, the undersigned authority, on this day per-
sonally appeared C. GLYNN LOWE, President of the Red River
Valley Exposition, Inc. , known to me to be the person whose nanie
is subsclibed to the foregoing instrument, and acknowledged to me
that the same was the act of the said Red River Valley Lxposition,
Inc. , a corporation, and that he executed the same as the act of
such corporation for the purposes and consideration therein eY-
presscd, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of June, 1975.
Notary Public, Lama.r County, Texas