||THE STATE OF TEXAS CONTRACT NO. _______________
COUNTY OF BELL
This agreement, made and entered into this __________ day of _______________ ,
, by and between Bell County Expo, Inc., a not for profit corporation of the State of Texas, acting by and through its Center Management, hereinafter called Lessor, and _________________________, hereinafter called Lessee, witnesseth:
I. That upon the terms and conditions herein expressed and in consideration of the covenants and agreements herein expressed and of the faithful performance by the Lessee of all such covenants and agreements, the Lessor does hereby grant upon the Lessee the right to use and occupy the following described space and premises located in the City of Belton, Bell County, Texas, to wit:
Facility ______Bell County Exposition Center________________________________
To be used for the purpose of ______________________________________________
and for no other purposes without the written consent of Lessor for a term commencing at
Time________ Date _________________ Time ________ Date ______________________
II. Lessee hereby covenants and agrees to pay to Lessor, at its office in the Exposition Center, for the use of said premises, the sum of $____________ , and Lessee further covenants and agrees to pay to Lessor on demand by any and all sums which may be due to Lessor for additional services, accommodations or materials furnished to or loaned to Lessee including but not limited to
See Policy and Rate Handbook _______________________________________
Signed contract due by _________________,
All fees will be billed.
A copy of the Policy and Rate Handbook is enclosed listing additional equipment and services and made a part hereof for all purposes. The Expo Center Manager and Lessee agree that in case of failure of Lessee to pay any sum due to Lessor, the Expo Center Manager shall have the right to attach any of Lessee’s property within the confines of the Bell County Exposition Center or to take from the box-office receipts belonging to Lessee money is an amount sufficient to pay the sums due to Lessor.
III. This agreement is made and entered into upon the following express covenants and conditions, all and every one of which the Lessee hereby covenants and agrees to and with the Lessor to keep and perform.
1. OBLIGATIONS. Every obligation of either party to this contract shall be fully performed in Bell County, Texas.
2. LESSEE’S ACCESS. Lessor shall permit Lessee to peaceable and quietly have and enjoy the use of the premises hereinabove specifically described for the purpose and for the term aforesaid, including corridors necessary to accommodate patrons, and restroom conveniences customarily open to the general public.
3. LESSOR’S RESPONSIBILITY. Lessor shall furnish, at Lessor’s expense, heat water, lights and air conditioning necessary for Lessee’s use during the term of this contract deemed necessary by the Expo Center Manager and all necessary janitor service deemed necessary by the Expo Center Manager, and cause the premises herein above described to be kept clean and generally cared for during the term of this contract, except that Lessor shall not be responsible for or liable to Lessee for any loss resulting from any lack of heat, water, lights, or air conditioning due to an act of God or the failure of equipment to operate or function early through no fault or act of Lessor.
4. CONTROL OF BUILDING. Lessor reserves the right at all times to control the ushers, ticket takers, and all other employees of Lessee, and the right to remove from the Premises any and all such employees of Lessee and the right with its officers and agents, including its police officers, to eject any objectionable person or persons from the building and premises; and in the event of the exercise of authority, Lessee hereby waives and releases any and all claims for damages against Bell County Expo, Inc., and its officers and employees on account thereof.
5. FIRES. In case the premises covered by this agreement, or the building of which such premises are a part are destroyed or damaged by fire or any other cause, or if any other casualty or unforeseen occurrence or other causes herein specifies shall render the fulfillment of this contract by Lessor impossible, then the term of this contract shall end and Lessee shall be liable to pay rent only up to the time of such termination and Lessee hereby waives and releases any claim for damages or compensation on account of such termination.
6. ACCESS TO BULDING. Lessor, through its Expo Center Manager, policemen, firemen, and other designated representatives, shall have the right at any time to enter any portion of the premises hereinbefore described for any purpose whatsoever and the entire building, including the premises covered by this agreement, shall at all times be under the charge and control of Expo Center Manager. The keys to the premises shall remain in possession of the Lessor or its Expo Center Manager but during the period covered by this agreement, the entrances and exits of the premises shall be locked or unlocked under the direction of the Lessee in accordance with the terms of this contract and subject to the demands of the public safety.
7. REMOVAL OF EFFECTS. Lessor reserves the right, but not the obligation, after the termination of the time for which the said premises are rented by this agreement to remove from the building all effects remaining therein and to store the same wherever it sees fit in its name, or at its option, in the name of Lessee but at the cost, expense and risk of Lessee, and Lessor shall not be liable in any way to Lessee on account of so removing and storing any such effects.
8. NO OBSTRUCTIONS TO SIDEWALKS, ECT. Neither the halls nor ramps of said building or premises, nor the sidewalks, entrances, or lobby thereof shall be obstructed by Lessee nor used for any other purposes than ingress or egress, and Lessee will not permit any chairs or movable seats to be remain in the passageways, and will keep such passageways clear at all times.
9. LESSEE RESPONSIBILITY. Lessee shall not bring or permit anyone to bring into said building or premises or keep therein anything that will increase the fire hazard or the rate of insurance on the building or any property therein. Lessor reserves the right at any time to require Lessee to remove from the premises any animals, furniture, fixtures, wiring, exhibits, or other things placed therein without the consent of Lessor.
10. LAW OBSERVANCE. Lessee shall comply with all laws of the United States, and of the State of Texas, all ordinances of the City of Belton and all rules and requirements of the Police and Fire Departments, or other municipal authorities of the City of Belton and will obtain and pay for all necessary permits and licenses, and will not do, nor suffer to be done, anything on said premises during the term of this agreement in violation of any such laws, ordinances. rules or requirements, and if the attention of Lessor is called to any such violation on the part of said Lessee, or of any person employed by or admitted to the said premises by said Lessee such Lessee will immediately desist from and correct violations.
11. SEATING CAPACITY. Lessee shall not admit to said premises a larger number of persons than the seating capacity thereof will accommodate, or can safely or freely move about in said areas, and the decision of the Expo Center Manager in this respect shall be final.
12. NO RESPONSIBILITY FOR PROPERTY IN BUILDING. Lessor assumes no responsibility whatsoever for any property placed in or on said premises, and said Lessor is hereby expressly released and discharged from any and all liabilities for any loss, injury, or damages to person or property that may be sustained by reason of the occupancy of said premises under this agreement: and all watchmen or other protective service desired by the Lessee must be arranged for by special agreement with the Expo Center Manager.
13. ASSIGNMENTS. Lessee shall not assign this agreement, or any part thereof, nor suffer any use of said premises other then herein specified, without the written consent of the Lessor.
14. ATTORNEY’S FEES. Lessee agrees to pay ten (10%) per cent attorney’s fees on any amount payable by it under any part of this entire agreement which may be collected by suit.
15. PERFORMANCE QUALITY. Lessee hereby agrees that no performance, exhibition or entertainment shall be given or heard on the premises herein described which is illegal, indecent, obscene, lewd, or immoral, and should any such exhibition or performance or any part thereof be deemed by the Expo Center Manager to be illegal, or indecent, obscene, lewd, immoral or in any manner offensive to persons of ordinary sensibilities then the said Expo Center Manager, on the part of the Lessor, shall have the right to demand of the Lessee that he immediately delete such portions of the production as have received such criticism, or to rewrite or have changed the said attractions so that it will not be publicly offensive and the Lessee agrees immediately upon receipt by it of such notice to make such changes.
16. ABANDONED ITEMS. Lessor shall have the sole right to collect and have custody of articles left
in the building by persons attending any performance, exhibition, or entertainment given or held on the premises.
17. TAXES. Lessee will pay all taxes on tickets used in connection with the performance, exhibition or entertainment, and furnish Lessor all information necessary in order that the Lessor may make the required
returns to the United States Government.
18. ALL MATTERS. Any matter not herein expressly provided for shall rest solely within the discretion of the Board of Directors and the Expo Center Manager of Lessor.
19. CITY ORDINANCES, ETC. All ordinances and resolutions of the City of Belton relating to the rental and use of the premises hereinbefore described are hereby made a part of.
20. INTERMISSION. Lessee agrees that for programs lasting one and one-half (1 1⁄2) hours or more, an intermission of not less than fifteen (15) minutes shall be held, unless prior written approval is obtained.
21. LESSEE’S REPRESENTATIVE. A representative of Lessee approved by the Expo Center Manager
shall remain on the premises during the term hereof and until performers or exhibitors and the public have left the premises.
22. HEADINGS. The paragraph headings contained herein are for convenience in references and are not intended to define, extend, or limit any provisions in this contract.
23. PAYMENT OF COPYRIGHT CHARGES. Lessee assumes all costs arising from the use of patented, trademarked, or copyrighted materials, equipment, devices, processes or dramatic rights used on or incorporated in the conduct of said events; and Lessee agrees to indemnify and hold harmless Lessor from all damage, costs and expenses, in law or equity for or on account of the use of any patented, trademarked, or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Lessee, or its contestants and exhibitors, in connection with this Agreement.
24. RULES AND REGULATIONS. Lessee acknowledges having received a copy of the “Policy and Rate Handbook” relating to the use of the Expo Center. The terms and provisions of such rules and regulations are expressly incorporated into this contract for all purposes and Lessee agrees to keep, perform, and abide by such rules and regulations.
IN WITNESS WHEREOF, said Bell County Expo, Inc., a not for profit corporation, acting through its Expo Center Manager, Lessor, and
________________________, Lessee, have caused these presents to be signed in duplicate the______________________ day of ____________________
BELL COUNTY EXPO, INC.
Expo Center Manager