10 - Approving a Lease Agreement with the Archers for Christ for lease of certain property around Lake CrookItem No. 10
Memorandum
TO: Mayor, Mayor Pro Tern & City Council
FROM: Grayson Path, City Manager
SUBJECT: Archers for Christ Lease Agreement
Lake Crook
DATE: September 13, 2021
In 2016, the City Council authorized a lease agreement renewal with Archers for Christ for leasing
land along the southern, western and northern edges of Lake Crook (Exhibit A). Archers for Christ
uses this land for archery target shooting and bow hunting activities. They are responsible for
maintaining the property and coordinating with the City for various activities and events. Speaking
with City Staff, it has been a very good relationship without any issues.
STATUS OF ISSUE:
The existing lease agreement, signed in 2016, provided for a 5 year lease with an optional 5 year
renewal on October 1, 2021. The existing lease would otherwise terminate September 30, 2021.
City Staff have reviewed and are recommending not only a renewal, but a new five year lease with
another five year renewal option. The new lease would extend from October 1, 2021— September
30, 2026 with an optional five year renewal beyond that. All other terms and conditions in the
2016 lease agreement remain the same.
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This is a $0.00 lease agreement. Archers for Christ maintains this vast stretch of City Property in
return for leasing the land. They also are responsible for listing the City as additional insured in
their insurance policies.
1. Lease the land in Exhibit A to Archers for Christ for a new five (5) year agreement with an
optional five (5) year renewal afterwards.
2. Lease the land in Exhibit A to Archers for Christ as a renewal of the 2016 Lease Agreement,
which will terminate September 30, 2026.
3. Request edits and/or additional information.
4. Reject options #1 and #2 and do not lease the land to Archers for Christ.
1. Lease the land in Exhibit A to Archers for Christ for a new five (5) year agreement with an
optional five (5) year renewal afterwards.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND APPROVING A LEASE AGREEMENT BETWEEN THE
CITY OF PARIS AND ARCHERS FOR CHRIST FOR THE USE OF CERTAIN
PROPERTY AROUND LAKE CROOK; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 22nd day of
August, 2016, in Resolution No. 2016-029, authorize the execution of a Lease Agreement
with Archers for Christ for property located at Lake Crook; and,
WHEREAS, the 2016 Lease Agreement with Archers for Christ, and the addendums
thereto will expire on September 30,2021; and
WHEREAS, Whereas, the Archers for Christ organization has been a good steward of
the City property at Lake Crook for many years and many residents of Paris and Lamar
County have enjoyed target shooting and bow hunting at the Lake Crook property through
their affiliation with Archers for Christ, and
WHEREAS, Archers for Christ has requested the City to renew and extend their
lease of the Lake Crook property for an additional five year term with an option for a five
year renewal; and
WHEREAS, the City Council deems it appropriate to enter into a Lease Agreement
with the Archers for Christ for the property adjacent to and around Lake Crook, Paris,
Lamar County, Texas. In the form attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That the Lease Agreement between the City of Paris and Archers for
Christ, for the property around Lake Crook the form of which is attached hereto as Exhibit
"A", be, and the same is hereby, approved for a period commencing October 1, 2021 and
ending September 30, 2026.
Section 3. The City Manager is hereby authorized to execute the Agreement
and all other documents in connection therewith on behalf of the City of Paris, substantially
according to the terms and conditions set forth in the Agreement.
Section 4. That this resolution shall be effective from and after its date of
PASSED AND ADOPTED this 131h day of September, 2021.
Reginald B. Hughes, Mayor Pro -Tem
F.1yam
Skylar Unger, Deputy City Clerk
Stephanie H. Harris, City Attorney
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LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
This Lease Agreement is made and entered into by and between the CITY OF PARIS,
TEXAS a home rule municipal corporation, acting by and through its Mayor duly
authorized, hereinafter referred to as LESSOR or City, and ARCHERS FOR CHRIST of Paris,
Lamar County, Texas, a non-profit organization acting by and through its President duly
authorized, hereinafter referred to as LESSEE or Archers.
WITNESSETH:
For and in consideration of the mutual promises and covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, LESSOR, does hereby lease, rent and let unto LESSEE, that certain public
property surrounding and adjacent to Lake Crook, City of Paris, Lamar County, Texas as
more particularly depicted in the Lake Crook Hunting Map attached hereto and
incorporated herein as Exhibit 'W', specifically the property identified as Area Numbers:
One, Two, Four, Five, and Six, on the map may be used for archery target shooting, bow
hunting and special archery related events or tournaments ("Leased Premises").
1. TERM.
A. initial Term. The initial term of this Lease Agreement shall be for a five year
period commencing October 1, 2021 and ending September 30, 2026; provided, however,
LESSOR shall have the right and privilege at its option to terminate this lease agreement, in
whole or in part, as to all or a portion of the Leased Premises, for any reason upon the
giving LESSEE thirty (30) days written notice.
B. Renewal Option. Upon the expiration of the Initial Term, unless terminated earlier
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as provided above, the Lease Agreement may be renewed for an additional five-year term
upon mutual agreement of LESSOR and LESSEE ("Renewal Term").
Z. COVENANTS.
A. LESSEE shall, at its sole cost and expense, maintain an archery target shooting
course and bow hunting area on the Leased Premises and LESSEE shall maintain all
roadways and parking areas to serve the same in accordance with this Agreement and City
Ordinances.
B. LESSEE shall also maintain at its sole cost and expense, all gates and fences on the
Leased Premises in a safe and secure condition and LESSEE shall post appropriate signage
at all entrances or access points leading into the Leased premises identifying Archers for
Christ as LESSEE and providing contact information (including phone number) for persons
seeking information.
C. LESSEE may restrict access to the Leased Premises from the first Saturday in
October through the first Saturday in January each year for bow hunting season. Signs
will be posted at all gates and access points leading into the Leased Premises, warning the
public that archery/bow hunting is in progress and to contact LESSEE prior to entering the
area for their own safety. During hunting season and during authorized LESSEE events,
no motorized vehicles, other than those of the LESSOR or the LESSEE, will be allowed
access into the Leased Premises. These vehicles will be used for performing maintenance
on the Leased Premises and for target setup, tournament transportation, and other related
activities of LESSEE. Only official LESSOR vehicles or LESSEE authorized vehicles and
their All Terrain Vehicles ("ATVs") will be allowed on the paths or roads during hunting
season.
D. LESSEE shall be responsible for managing and supervising the Leased Premises and
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providing a safe environment for all users and/or visitors of the Leased Premises during
the term of this Lease Agreement and any renewals thereof.
E. Membership in the Archers for Christ Archery Club shall remain open to anyone
interested in or involved in archery and game conservation. LESSEE shall not discriminate
against any person because of race, religion, sex, age, disability, national origin, or on the
basis of any other discriminatory standard; provided, however, LESSEE may impose
reasonable requirements incident to membership, such as payment of reasonable dues,
safety and skills assessment, and minimum attendance requirements at AFC tournaments,
or the like.
F. LESSEE shall post along all boundaries of Leased Premises appropriate signage to
inform and to warn all users, visitors and the public at large of the activities taking place on
the Leased Premises and any danger associated with these activities. The signs shall also
include contact information with name and phone number of LESSEE'S authorized
representative.
G. LESSEE agrees to release, defend, indemnify, and hold LESSOR, its elected
officials, officers and employees harmless 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 occurring on the
Leased Premises resulting from LESSEE'S, its invitees, agents, servants or employees
use of the Leased Premises, and LESSOR shall not be liable to LESSEE, its invitees,
agents, servants, employees or visitors due to the condition of the Leased Premises
or improvements located thereon, or hereafter constructed, or any other condition
of the Leased Premises being improperly constructed, maintained or being or
becoming out of repair, LESSEE hereby waiving any defects therein and agrees to
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hold and save LESSOR harmless 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 $500,000.00 per occurrence and $1,000,000.00 aggregate for
bodily injury or death and $100,000.00 for any single occurrence for injury to or
destruction of property, indemnifying 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 thereof, as the result of the negligence of LESSEE, its invitees,
agents, servants or employees, and LESSEE shall pay all premiums due thereon 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, naming LESSOR,
its elected officials, officers, and employees as an additional insured, 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 all such policies to the City Clerk of the City of Paris,
1501st Street S.E. Paris, Texas 75460, or furnish to said 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 times during this Lease Agreement and any extension
thereof and specifically noting thereon that LESSOR is an additional insured. All
such policies shall be written so that the LESSOR will be notified of cancellation or of
any restrictive amendment of the policies at least thirty (30) days prior to the
effective date of such cancellation or amendment. Notice shall be by certified mail,
return receipt requested, addressed to the LESSOR at the following address: City
Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037.
H. LESSEE shall conform to and observe all public health and safety rules, regulations
and laws of the State of Texas and the City of Paris and LESSEE shall provide adequate
public restroom facilities of the outdoor chemical type at all times when the Leased
Premises are in use.
I. LESSEE shall retain title to all temporary structures or personal property placed
upon the Leased Premises and shall have the right to remove these temporary structures
and personal property upon expiration of this Lease Agreement or earlier termination
thereof, provided, however, LESSEE shall remove such improvements without unduly
damaging the Leased Premises, and provided further, such improvements shall be removed
at LESSEE's expense within sixty (60) days of cancellation or termination of the Lease
Agreement; otherwise, such improvements shall at the LESSOR's discretion become the
property of the LESSOR.
J. LESSEE shall not sublet, sublease or assign the Leased Premises to any other person,
club or organization without first obtaining the written consent of LESSOR as authorized by
formal action of the Paris City Council.
K. No new additions, repairs, improvements or changes in locations or otherwise will
be made to any existing buildings, structures, fences or other things located on the Leased
Premises without the prior written consent of the City Manager of the City of Paris.
L. LESSEE shall not dam up any creeks or waterways on the Leased Premises, nor shall
LESSEE fill in any creeks or wetlands or divert the natural flow of water on the Leased
Premises without first obtaining written authorization and necessary permits from the
United States Army Corps of Engineers, applicable state Regulatory Agencies and/or the
City of Paris, Texas.
M. LESSEE shall manage and operate the archery shooting areas in accordance with
safety procedures promulgated by the Archery Shooting Association, and other applicable
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Federal, State and local rules and regulations. LESSEE shall post warning signs at all access
points leading into the Leased Premises and a sign -in board and/or tree stand map shall be
maintained at the ARCHERS FOR CHRIST Main Pavilion at the southern boundary of Area 2.
N. Authorized representatives of LESSEE may, from time to time camp overnight at the
AFC main Pavilion area on common border of Area 2 and Area 3 for security and/or Lease
management purposes.
0. LESSOR shall have the right and privilege of using any portion of said Leased
Premises for functions sponsored by the City of Paris, or any department thereof, which
function has been approved by the City Manager of the City of Paris, which use shall be
conducted on a non -interfering basis with the ARCHERS program.
P. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions,
stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by
LESSOR, and in the event such default, failure or refusal has not been corrected or
performed within thirty (30) days from the date of such notice, then this Lease Agreement
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 damages for or by reason of said re-entry being expressly waived.
Q. Upon expiration or earlier termination of this Lease Agreement, or any extension
thereof, all property affixed to the Leased Premises by LESSEE shall become the property of
the LESSOR and will not be subject to removal upon the expiration of this lease or in the
event of default during the term of this lease.
3. MISCELLANEOUS PROVISIONS.
A. Notice. Any written notice required or permitted under the terms of this Lease
Agreement shall be given and be deemed to have been duly served if either (1) delivered in
person, or (2) deposited certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of the respective parties
which are designated as follows:
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City Manager
P.O. Box 9037
Paris, Texas 75461-9037
WITH A COPY TO:
City Attorney
City of Paris
P.O. Box 9037
Paris, TX 75461
Archers for Christ
2810 Willow Bend
Paris, Texas 75460
B. Governing Law & Venue. That this Lease Agreement shall be construed under,
and in accordance with, the laws of the State of Texas, and all obligations of the parties
created by this Lease Agreement are performable in Lamar County, Texas. Venue for State
court actions arising under this Agreement shall be exclusively in the courts of Lamar
County, Texas; venue for Federal court actions arising under this Agreement shall be
exclusively in the Federal courts for the Eastern District of Texas.
C. Non -Waiver. No waiver of the either party's rights under this Lease shall be
deemed to have been made unless expressed in writing and signed by an authorized
representative of that Party.
D. Severability. If any provision of the Agreement is declared illegal, void, or
unenforceable, the remaining provisions will not be affected but will remain in full
force and effect.
E. Transfer. No transfer or assignment of the Agreement or any right accruing
under this Agreement will be made by either party hereunder without the written consent
of the other party, which consent may be withheld in such party's sole discretion.
F. Entire Lease Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto, and it will not be considered modified, altered,
changed, or amended in any respect unless in writing and signed by the parties hereto.
Skylar Unger, Deputy City Clerk
Stephanie H. Harris, City Attorney
LESSOR:
,12
Grayson Path, City Manager
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F.1 I Ott" ; I #111t"WNW. M.",
Brad King, President
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Grayson Path, City Manager of the City of Paris, 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 expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of September, 2021.
Notary Public, State of Texas
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Brad King, President of Archers for Christ, 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 expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 131h day of September, 2021.
Notary Public, State of Texas