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2000-127-RES APPROVING AND AUTHORIZING THE EXECUTION OF RESOLUTION NO. 2000-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH ARCHERS FOR CHRIST FOR A PORTION OF LAKE CROOK PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of September, 1990, in Resolution No. 90-077, authorize the execution of a Lease Agreement with Archers for Christ; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of March, 1995, approve an Exercise of Option from Archers for Christ for a five (5) year extension of said lease which will expire on September 30,2000; and, WHEREAS, the Archers for Christ have been good stewards of the property, having done a large amount of clean up and considerable improvements to the property over the last ten years and have requested a new lease for said Lake Crook property; and, WHEREAS, the City of Paris has contracted for a consultant to perform a comprehensive study of the Lake Crook properties owned by the City and the adjacent properties to determine the best uses of such properties for the future benefit of aU the citizens of the City of Paris; and, WHEREAS, the results of said study may have an effect on the future use of the property leased by the City to Archers for Christ, and therefore a short term extension is necessary at this time to enable the City to consider implementation of the recommendations made in said study with regard to all of the properties owned by the City at Lake Crook; and, WHEREAS, in order to continue the uninterrupted use of said property by the Archers for Christ pending the results of the study, a one year extension of the existing lease agreement would be in the best interest of both parties; and, WHEREAS, pending the results of said study it is deemed appropriate to enter into another Lease Agreement for one (1 ) year, from October I, 2000 to September 30,2001; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. things approved. That the findings set out in the preamble to this resolution are hereby in all Section 2. That the Lease Agreement between the City of Paris and Archers for Christ for a portion of Lake Crook property, in the form attached hereto as Exhibit A, be, and the same is hereby approved for a period of one (I) year, beginning October I, 2000, and ending September 30, 2001, under the terms and conditions of said Lease Agreement. Section 3. That the Mayor of the City of Paris be, and he is hereby, authorized and directed to execute on behalf of the City of Paris, said Lease Agreement. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 7th day of September, 2000. ~1<~ Michael J. Pfi st , May. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry . Schenk, City Attorney LEASE AGREEMENT STATE OF TEXAS COUNTY OF LAMAR ~ ~ KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF P ARlS, a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as LESSOR, and ARCHERS FOR CHRIST of Paris, Lamar County, Texas, acting by and through its President duly authorized, hereinafter referred to as LESSEE, WITNESSETH: For and in consideration of the payment to the CITY OF PARlS, a municipal corporation, of the sum of ONE AND N(YJOO DOLLARS ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY OF PARIS, a municipal corporation, does hereby lease, rent and let unto the ARCHERS FOR CHRIST the property described on Exhibit A, being area number Two (2) to be used for an archery range and areas numbered One (I), Four (4), Five (5), and Six (6) as shown on the First Amended Lake Crook Hunting District Map attached hereto as Exhibit B to be used for archery hunting only, each Exhibit being attached hereto and made a part hereoffor all legal purposes. The term of this lease is for one (1) year, beginning on the 1 st day of October, 2000, and ending on the 30th day of September, 200 I. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: I. That LESSEE will, at its sole cost and expense, construct and maintain an archery range and any and all roadways and parking areas to serve the same in accordance with a plan filed with and approved by the Department of Community Development of the City of Paris on the property described on Exhibit A attached hereto. EXHIBIT A -1- 2. That LESSEE will at its sole cost and expense construct and maintain a direct road from the Caviness Road east and northeast to the point in Area Four (4) as shown on Exhibit B attached hereto; and construct and maintain a three-strand barbed wire fence adjacent to the common boundary line of Area One (I) and FM 1499; the East Boundary Line of the Caviness Road from the north boundary line of Area One (I) southeasterly to the north end of the most northerly Caviness Road Bridge, and beginning at the south end of the most southerly Caviness Road Bridge southwesterly along said east boundary line of the Caviness Road to the north boundary line of Maxey Riflemen leased property; and beginning at the City's north boundary's intersection with the west boundary line of the Caviness Road southwesterly with the west boundary line of the Caviness Road to the north end of the most northerly Caviness Road Bridge; and beginning at the south end of the most southerly Caviness Road Bridge southwesterly with the west boundary line of Caviness Road to its intersection with the north boundary line of the property described on Exhibit A, and place posted signs along said fence. 3. That LESSEE will police and supervise the safe use of the property described on Exhibits A and B attached hereto so as to not permit shooting across any public road or any other areas of public use. 4. That LESSEE will post along the boundaries of property described in Exhibit A attached hereto sufficient signs to inform the public of the use of the premises and the danger incident thereto. 5. That 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 occurring on the leased premises resulting from LESSEE'S, its invitees, agents, servants or employees use, and LESSOR shall( -2- not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE must at all times during the term ofthis agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence 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 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, with LESSOR 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 any such policies to the City Clerk of the City of Paris, 150 1st 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 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. O. Box 9037, Paris, Texas 75461- 9037. -3- 6. That LESSEE will conform to and observe all sanitary rules, regulations and laws of the State of Texas and provide public restroom facilities of the outdoor chemical type at all times when the premises are to be used. 7. That LESSEE will construct embankments, make excavations and seed and fertilize the archery range in accordance with Soil Conservation Service recommendations. 8. That LESSEE shall retain title to all building improvements placed upon the leased premises and shall have the right of removal in the event of cancellation or upon expiration of the primary term of this lease. 9. That LES SEE shall cooperate with the Soil Conservation Service and the City of Paris in establishment of the use and arrangements of the facilities and in future developments of adjacent land for wildlife habitat improvements. 10. That LESSEE will not sublet the rented premises or any part thereof without the consent in writing of LESSOR first had and obtained; provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one week. 11. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written approval of LESSOR. 12. That LESSEE will conduct the archery range in accordance with safety procedures recommended by the National Field Archery Association and will post warning signs on the property lines, post safety signs and range rules on and along the range trail. A sign-in board will be at entrance. 13. That LESSOR shall have the right and privilege of using any portion of said property so leased for functions sponsored by the City of Paris, or any department thereof, which function has -4- been approved by the City Council of the City of Paris, which use shall be conducted on a non- interfering basis with the ARCHERS FOR CHRIST program. 14. That LES SOR shall have the right and privilege at its option to terminate this lease for necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of ninety (90) days written notice by LESSOR, LESSEE shall vacate such portion to be so utilized, and shall be given the privilege of removing any improvement constructed on said property by LESSEE. 15. Should LESSEE default in, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereofshall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed within sixty (60) days from the date of such notice, then this lease contract 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. 16. Upon expiration of this lease, or any extension thereof, all property affixed to the 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. 17. All notices provided for herein must be made by registered or certified mail, return receipt requested. CITY OF PARIS, PARIS, TEXAS, LESSOR ATTEST: Michael 1. Pfiester, Mayor -5- Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ARCHERS FOR CHRIST, LESSEE Kirk Ballard, President ATTEST: , Secretary APPROVED AS TO FORM: , Vice President THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Michael 1. Pfiester, Mayor 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 _ day of September, 2000. 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 Kirk Ballard, 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 -6- same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of September, 2000. Notary Public, State of Texas -7-