2001-152-RES APPROVING/AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH ARCHERS FOR CHRIST FOR LEASE OF PORTION OF LAKE CROOK PROPERTY
RESOLUTION NO. 2001-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
A LEASE AGREEMENT WITH THE ARCHERS FOR CHRIST FOR THE
LEASE OF A PORTION OF LAKE CROOK PROPERTY TO THE
ARCHERS; 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 for use
of property at Lake Crook by the 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 the Archers for Christ for a five (5) year
extension of said lease, which expired on September 30, 2000; and,
WHEREAS, the City Council subsequently, by adoption of Resolution No. 2000-127 on
the 7th day of September, 2000, extended the aforesaid lease for an additional one (1) year term,
to expire on September 30, 2001; and,
WHEREAS, during the period of time from September 30,2000, to September 30,2001,
the City Council considered a use study presented by Brannon & Associations in the form of a
Master Plan for the use of Lake Crook, and did thereafter on July 9, 2001, by formal motion
approve Option Two regarding a full recreational development plan for the use of said Lake,
reference to which said plan is hereby made; and,
WHEREAS, the Archers for Christ thereafter petitioned the City Council to consider a
new lease agreement to begin upon the expiration of the current lease agreement, beginning
October 1, 2001, to contain terms and provisions consistent with City Council's action in
approving a recreational development plan as the Master Plan for the use of Lake Crook; and,
. .
WHEREAS, the Archers for Christ have been good stewards of the Lake Crook property ,
having done a large amount of clean-up and considerable improvements to the property during the
term the Archers have utilized said property; and,
WHEREAS, the City Council desires to enter into a new Lease Agreement with the
Archers for Christ for the utilization of various tracts as identified therein; NOW, THEREFORE,
BE IT RESOL VEn BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That a Lease Agreement between the City of Paris and Archers for Christ, in
the form attached hereto as Exhibit A, and for all purposes incorporated herein, for the lease of
various tracts of land surrounding Lake Crook, be, and the same is hereby approved for a period
of five (5) consecutive one (1) year terms, subject to termination by the City annually, with an
option for renewal for an additional five (5) consecutive one (1) year terms, again subject to
termination by the City annually, for those tracts identified as Tracts One (1) and Seven (7)
therein, and for a ten (10) year term as set out therein for Tracts Two (2), Four (4), Five (5), and
Six (6), as likewise identified in said lease.
Section 3. That the Mayor of the City of Paris be, and he is hereby, authorized and
directed to execute and the City Clerk to attest to said Lease Agreement on behalf of the City of
Paris.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 10th day of September, 2001.
~.~~~~
Michael J. 'Pfiest a
ATTEST:
~Gh'..~~
Mattie Cunningham, City Clerk
LEASE AGREEMENT
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
LEASE AGREEMENT BETWEEN the CITY OF PARIS, a 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, acting by and through its President duly
authorized, hereinafter referred to as LESSEE or Archers, WITNESSETH:
For and in consideration ofthe payment to the CITY OF PARIS, a municipal corporation,
of the sum of ONE AND NOll 00 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, subject to the terms
and provisions ofthis Agreement, the property described on Exhibit A, being area number Two (2)
to be used for an archery range and areas numbered One (1), Four (4), Five (5), Six (6), and Seven
(7) as shown on the First Amended Lake Crook Hunting District Map attached hereto as Exhibit B
to be used for archery hunting and special archery related events or tournaments only, each Exhibit
being attached hereto and made a part hereof for all legal purposes;
The initial term of this lease is for five (5) consecutive one (I) year terms, with an optional
renewal for five (5) additional one (1) year terms for tracts number One (1) and number Seven (7)
as those tracts are designated on the exhibits attached hereto. The five (5) consecutive one (1) year
terms for the use of tracts One (1) and Seven (7) shall begin on the 1st day of October, 2001, and
end on the 30th day of September, 2002, with subsequent one (I) year terms on the anniversary date
thereafter, ending September 30,2006, unless the LESSOR, by or before May 31 of anyone (I) year
term, gives written notice of termination to the LESSEE, as to either or both tracts One (1) and
EXIDBIT A
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Seven (7). The LESSEE may extend the term of said lease for use of tracts One (I) and Seven (7)
for an additional five (5) consecutive one (1) year terms beginning October 1,2006, and ending
September 30, 2007, with subsequent one (I) year terms on the anniversary date thereafter, ending
September 30, 2011, again subject to the LESSOR's annual right oftermination by or before May 31
of any given one (1) year term as set out herein; provided, the LESSEE gives written notice to the
LESSOR of its intention to renew said Lease Agreement ninety (90) days in advance of the end of
the first five (5) consecutive one (1) year terms, stating in said notice the LESSEE's intention to
renew the lease for use of tracts One (1) and Seven (7) for an additional five (5) consecutive one (1)
year terms. Said renewal shall be automatically effective unless the LESSOR, by written notice
forwarded to the LESSEE within sixty (60) days of receipt of the LESSEE's Notice of Intent,
notifies the LESSEE the LESSOR does not desire to renew the lease for use of either or both tracts
One (1) and Seven (7) for additional five (5) consecutive one (1) year terms, whereupon the LESSEE
shall have until January 1,2007, to vacate either or both tracts One (1) and Seven (7) as indicated
in the LESSOR's notice and in accordance with this lease agreement. With regard to tracts Two (2),
Four (4), Five (5), and Six (6), the term of this lease for tracts Two(2), Four (4), Five (5), and Six
(6) shall be ten (10) years, beginning on October 1, 2001, and ending on September 30, 2011,
conditioned upon the LESSEE fulfilling all the terms and provisions ofthis Lease Agreement as set
out herein.
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
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described on Exhibit A attached hereto.
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 tract 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 (1) 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 ofthe 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
ofthe 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. LESSEE will close down the north side road (Tract One) during the last week of
September to January 5 each year for hunting season. Signs will be posted at both ends of the road,
warning the public that hunting is in progress and by entering the area, they are responsible for their
own safety. On the four weekends each year that the LESSEE has tournaments on the northeast end
ofthe north side road (near the dam), the road will be closed to non-participants for a period often
hours. Notification will be posted at both ends of the road, several days prior to the closing, for
public information regarding the use of said property for the aforesaid tournaments. During hunting
season or authorized Archer events, no motorized vehicles, other than those ofthe LESSOR or the
LESSEE, will be allowed access to the north side Lake Road in Tract One (1) and the Peninsula
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Road in Tract Four (4). These vehicles will be used for performing maintenance on the part of the
LESSEE and for target setup, tournament transportation, and maintenance on the part of LESSEE.
Only official LESSOR vehicles or LESSEE authorized vehicles and their A TV's will be allowed on
the paths or roads during hunting season.
4. Except as otherwise provided in paragraph 3 of this lease, the general public shall be
entitled to access to all tracts leased hereunder, that is, tracts One (1 '), Two (2), Four (4), Five (5),
Six (6), and Seven (7), on a reasonable basis, when the properties are not being used for LESSEE
events; when such access and use would not interfere with LESSEE activities; when such use would
not represent a threat to the visitors themselves; and provided such use and access by the general
public does not allow the property of the LESSOR or the LESSEE to be damaged or destroyed.
5. That LESSEE will police and supervise the safe use ofthe 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.
6 Membership in the Archers for Christ Archery Club shall be and remain open to anyone
interested in or involved in archery and game conservation. The aforesaid membership shall be
without consideration of race, religion, sex, age, disability, national origin, or on the basis of any
other discriminatory standard; provided, however, the Archers may impose reasonable requirements
incident to membership, such as residency, payment of reasonable dues, minimum attendance
requirements at Archer events, or the like.
7. That LESSEE will post along the boundaries of property described in Exhibit A attached
hereto sufficient signs to inform the public ofthe use ofthe premises and the danger incident thereto.
8. That LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and
oagainst any and all demands, debts, liabilities, suits, claims and causes of action of every kind and
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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 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 ofthe 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 of this 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 ofthe 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 ofthe 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 1 st 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
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the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-
9037.
9. That LESSEE will conform to and observe all sanitary rules, regulations and laws of the
State of Texas and provide public restroom facilities ofthe outdoor chemical type at all times when
the premises are to be used.
10. That LESSEE will construct embankments, make excavations and seed and
fertilize the archery range in accordance with Soil Conservation Service recommendations.
11. 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 this
lease; provided, however, LESSEE shall remove such improvements without unduly damaging the
premises, and provided further, such improvements shall be removed at LESSEE's expense within
ninety (90) days of cancellation or termination; otherwise, such improvements shall at the LESSOR's
discretion become the property of the LESSOR.
12. That LESSEE shall cooperate with the Soil Conservation Service and the City of Paris
in establishment ofthe use and arrangements of the facilities and in future developments of adjacent
land for wildlife habitat improvements.
13. 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.
14. 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.
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15. 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 the
entrance.
16. 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
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.
17. That LESSOR 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.
18. 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 orrefusal 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.
19. 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 ofthis lease or in the event of default during the term ofthis lease.
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20. All notices provided for herein must be made by registered or certified mail, return
receipt requested.
CITY OF PARIS, PARIS, TEXAS, LESSOR
Michael J. Pfiester, Mayor
ATTEST:
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
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THE STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Michael J. Pfiester, Mayor ofthe 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 10th day of September, 2001.
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
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, 2001.
Notary Public, State of Texas
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LAKE CROOK HUNTING
DISTRICTS AND REGULATIONS
DISTRICT 1 526 ^cres Archery Hunting
DISTRICT 2 120 Acres Archery Hunting
DISTRICT 4,5,6,7,8A 831 JI.cres Archery Hunting
DISTRICT 8B & 10 198 Acres No Hunting Area
DISTRICT 9 972 Acres Restricted to hunting ducks
and geese in accordance with
state and federal laws
It1PORTANT Hunting with rifles and/or shotguns is
prohi bited on all Lake Crook property
with the exception of District 9.Shotguns
only may be used in District 9