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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