1579 RES COP ENTERED INTO LEASE WITH R H NELMS AS AUTHORIZED BY RES NO 1361RESOLUTION NO. 1579 .
WHEREAS, the City of Paris did heretofore enter into a lease
with R. H. Nelms as authorized by Resciation No. 1361, passed March 9,
1970, for a period of three (3) years, ending October 31, 1973; and,
WHEREAS, the City Council of the City of Paris has for several
years leased said property to R. H. Nelms and said lease agreement
has been satisfactory, and the citizens of the City of Paris and the
public in general have been well served by the recreation facility in the
form of a miniature golf course, and it would be right and proper for
the City of Paris to enter into a three year lease contract with R. H.
Nelms covering the same property, in the form attached hereto as
Exhibit A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PA.RIS, That the Mayor of the City of Paris, F. D. Mallory, III, be,
and he is hereby authorized and directed to enter into a lease agree-
ment on behalf of the City of Paris, a municipal corporation, as
Lessor, with R. H. Nelms, as Lessee, for a period of three years,
beginning November 1, 1973 and ending October 31, 1976, upon the
terms and conditions in the form attached hereto as Exhibit A.
Passed and adopted this 13th day of August, 1973.
J s ayor Pro Tem
ATTEST:
.
H. . Greene, City Clerk
APPB,OVED.,A15,400 FORM;
yneslooOr-ity
(3) 1'Iiat if thc LLSSL?E' tihall inal<c clefault in thc paymcnt of
any rcmals citIc wlclcr thc tcr.rn:, of this lcasc, then thc 1 LSSOR shall
liLivc thc ri~;ilt to tcrminatc sai~l lcasc by giving t]IC LESSLE thirty
(30) days noticc in writing of its intcntion to terminate said lease, and
any and all propcrties, improvctnents or equipment thereon located,
may bc disposed of by the LESSOIZ as it sees fit.
(4) LESSEE shall and must keep and maintain said leased pro-
. perty and premises in a clean and careful manner, suffering no tres-
pass upon the same and allowing no unclean or unhealthy condition or
practice to develop thereon.
That the LI:SSOR agrees that in the event any trees located upon
said premises s}lall die or shall become mutilatcd by the loss of limbs
or portions of limbs, that LI:SSLE will remove the same, by rcmoving
thc dcad liinbs or the ciead tree, if any, or any portion of limbs that
may becomc damagcd from the tree and from the premises at the ex-
pense of the LESSEE.
(5) That at no time during the term of this lease shall LESSEE
permit or allow any excessive noises on or in connection with the
operation and use of said leascd premises, incluciing among other
1l1111gS, playing of aily louci mus:ic, or any otllcr naisc which woulci
constitutc a iiuisailcc to thc pcoplc resiciing in thc vicinity of such
lcasecl prernises. '1'hat a breacli of any part or portion of this sec-
tion shall at tlic option of the LCSSOR work a forfeiture of this lease.
(6) LESSEE further agrees, contracts and obligates himself,
his heirs and assigns, that such amusement and recreation center,
and all facilities thereof, will be closed to the public, and the same
shall not and will not be open to the public for any purpose after
11:00 o`clock P. M. at any time d uring this lease.
(7) LESSEE shall not install, erect or provide any amusement
or recreation device, in addition to such devices and equipment pre-
sently located at and in use and in connection with the operation of the
leased premises, without first securing the written permission for
such installation or provision from the City Manager of the City of
Paris.
(8) LESSOR shall at any and all times have the right to enter
upon the leased property and premises for the purpose of inspecting
the condition of the same and to enforce any Federal or State law or
ordinance of the City of Paris, and each and every provision of this
agreement.
(9) LESSOR shall not be liable to LESSEE, his agents, servants,
employees, patrons, customers, visitors, guests or invitees, for any
damage or injury caused by the act or negligence of any person, or
resulting from the operation of any device or equipment located upon
the leased property, or any par. t or appurtenance thereof, nor for any
damage or inj ury from any defect or want of repair of any structure
or device on such premises; further, LESSEE agrees to indemnify,
save and keep harmless LESSOR from any and all demands, debts,
liabilities, suits, claims and causes of action of every kind on account
of inj ury or damage to any person or property, arising from or con-
nected with the use, occupancy and control of said property and pre-
mises by LESSEE during the term of this lease.
(1_0) LLSSEL shall anci must at all times clur.ing thc tcrm of
this a~;reement keep and maintain in full forcc and effect a policy or
policies of insurance, providing at least $100, 000. OU per person and
$300, 000. 00 for any single occurrence for bociily injury or death and
$10, 000. 00 for any single occurrence for injury to or destruction of
propcrty, indemnifying all persons for any ancl all clamages, personal
inj uries or propcrty damages sustaincd in or upon the premises of
saicl lcascci pi-opcr.ty, or any par.t thcrcof, as thc result of t}ic neg-
ligcilcc of LE'SSLL, liis abcnts, scrvants or employecs, anc:l shall
pay all premiums clue thereon when clue. It is expressly provicled
that sucll insurance policy or policies shall and must be written and
issued by a reputable insurance company or companics, subject to
approval by the City Attorney of the City of Paris, and LESSEE or
his insurance carrier or carriers shall deliver a copy of any such
policies to the City Clerlc of the City of Paris, or furnish to said
City Clerk a current letter from such company or companies, evi-
dencing the fact that such insurance is in full force and effect at
all times during this lease.
(11) LESSGE shall keep and perform every agreement and
covenant herein contained and shall conform to and observe all sani-
tary ordinances, rulcs and regulations of the State of Texas and
C;ity of I1~11-is to Ylic Ic~isccl propcrty; aiid .i.n tlic cvcnt
ti11;111 clcf.Itill i.it ciny c•ovc11,11l, cc>wli.tic~n, pi°ovisic>it oi- 51:ipu-
lat ion Ilccci_n contaiiiccl, tli.i.s agrccilicnt may bc tcrminatccl at
LLSSOIt'S option, ancl it shall be lawful for LLSSOI.Z, in such cvent,
to re-entcr thc lcased prcmiscs and remove all persons, property
and effects therefrom and take possession thereof without liability
to any person, firm or corporation by reason of such repossession,
LL;SSL:E hercby waiving every claim for damages for or by reason
of said re-entry.
EXECUTED IN DUPLICATE at Paris, Texas, on this the 14th
day of August, 1973.
CITY OF PARIS
By:
ATTEST: F. D. Mallory, III, Mayor
H. Greene, City erk LESSOR
R. H. Nelms
LESSEE
.
sTATE or TExAs 0
COUNTY OT LAMAR 0
BE I'ORE ME, the undersigned authority, on this day personally
appcared F. D. MALLORY, III, iVlayor of the City of Paris, known to
me to be the person whose name is subscribed to the foregoing in-
strument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed, as the act and deed of
said City and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of August, 1973.
Notary Public, Lamar ounty, Texas
STATE OF TEXAS 0
COUNTY OT LAMAR 0
BE'I7OlZL ML, tile wzclcrsignccl authority, on this clay personally
appeared R. II. NELMS, 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 ex-
pressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
day of August, 1973.
Notary Public, Lamar County, Texas