2004-192-RES APPROVING LEASE AGREEMENT WITH ARCHERS FOR CHRIST AT LAKE CROOK
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RESOLUTION NO. 2004-192
A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING
ADDENDUM NO. TWO TO LEASE AGREEMENT DATED SEPTEMBER
10,2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS
FOR CHRIST FOR THE LEASE OF THAT TRACT OR PARCEL OF LAND
DESIGNATED AS AREA NO. ONE LOCATED AT 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 7th day of
September, 2000, in Resolution No. 2000-127, approve the execution of a Lease Agreement with
Archers for Christ (the "Original lease Agreement") for property owned by the City of Paris and
located at Lake Crook; and,
WHEREAS, the properties identified for use by the Archers for Christ pursuant
to the aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas
numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook
Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and,
WHEREAS, the City of Paris received approval from the Texas Parks and Wildlife
Commission and was awarded National Recreational Trails Grant funds to implement the Lake
Crook Trails Project, said Project being to construct walking paths and other trails in the park,
to include that area identified as area number One (1) in the aforesaid Original Lease Agreement;
and,
WHEREAS, pursuant to paragraph 17 ofthe aforesaid Original Lease Agreement, the City
of Paris as Lessor exercised its right and privilege under said Original Lease Agreement to make
a partial termination of the Original Lease Agreement for necessary municipal functions so
declared by the City Council of the City of Paris, upon the giving of ninety (90) days written
notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area
number One (1) of the property all as reflected in a formal addendum to the Original Lease
Agreement, designated Addendum Number One and approved October 10, 2002 in Resolution
NO. 2002-158; and,
WHEREAS, the City Council of the City of Paris has decided to forego participation in
the Lake Crook Trails Project, and area number One (1) is no longer needed by the City for said
project, and the Archers for Christ have indicated a desire to again have use of area number One
, (l);-arid,..
WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to
enter into a second Addendum to the aforesaid Original Lease Agreement reflecting the addition
of that property described as area number One (1) to the property leased to the Archers for Christ
pursuant to the aforesaid Original Lease Agreement and modifying the notice provision of the
Original Lease Agreement; and,
WHEREAS, the form of Addendum No. Two to the Original Lease Agreement, attached
hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris should
be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the form of Addendum No. Two to Original Lease Agreement dated
September 10, 2001, with Archers for Christ, attached hereto as Exhibit A, be, and the same is
hereby, approved.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on
behalf of the City of Paris, Addendum No. Two to the Original Lease Agreement, under the terms
and conditions and in the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after the date of passage.
PASSED AND APPROVED this 8th day of November, 2004.
ATTEST:
.~ Wcrn
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
ADDENDUM NUMBER TWO
TO LEASE AGREEMENT DATED SEPTEMBER 10,2001
BETWEEN THE CITY OF PARIS, PARIS, TEXAS
AND ARCHERS FOR CHRIST
STATE OF TEXAS
COUNTY OF LAMAR
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the City of Paris, Paris, Texas, a municipal corporation and body politic in
Lamar County, Texas, hereinafter referred to as LESSOR, and the Archers for Christ of Paris,
Lamar County, Texas, a non-profit institution, hereinafter referred to as LESSEE, have previously
entered into that Lease Agreement dated September 10, 2001, hereinafter referred to as the
"Original Lease Agreement", for the use of certain properties located at Lake Crook and owned
by the City of Paris; and,
WHEREAS, the properties identified for use by the Archers for Christ pursuant to the
aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas
numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook
Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and,
WHEREAS, the City of Paris received approval from the Texas Parks and Wildlife
Commission and was awarded National Recreational Trails Grant funds to implement the Lake
Crook Trails Project, said Project being to construct walking paths and other trails in the park, to
include that area identified as area number One (1) in the aforesaid Original Lease Agreement;
and,
WHEREAS, pursuant to paragraph 17 of the aforesaid Original Lease Agreement, the City
of Paris as Lessor exercised its right and privilege under said Original Lease Agreement to make
a partial termination of the Original Lease Agreement for necessary municipal functions so
declared by the City Council of the City of Paris, upon the giving of ninety (90) days written
notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area
number One (1) of the property, all as reflected in a formal addendum to the Original Lease
Agreement, designated Addendum Number One and approved October 10, 2002 in Resolution
NO. 2002-158; and,
WHEREAS, the City Council of the City of Paris has decided to forego participation in
the Lake Crook Trails Project, and area number One (1) is no longer needed by the City for said
prpjeot, and the Archers for Christ have indicated a desire to again have use of area number One
. -(l);,a~d,"
WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to enter
into a second Addendum to the aforesaid Original Lease Agreement reflecting the addition of that
property described as area number One (1) to the property leased to the Archers for Christ
pursuant to the aforesaid Original Lease Agreement and modifying the notice provision of the
Original Lease Agreement; NOW, THEREFORE,
EXHIBIT 1L
FOR AND IN CONSIDERATION OF the payment to the City of Paris, a municipal
corporation, of the sum of Ten and No/lOO Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Paris and
the Archers for Christ do hereby enter into this Addendum Number Two to the above-referenced
Original Lease Agreement to amend the aforesaid Original Lease Agreement as provided herein.
IN CONSIDERATION HEREOF, it is mutually agreed by and between the City of Paris
as Lessor and the Archers for Christ as Lessee as follows:
1. That the Original Lease Agreement dated September 10, 2001, by and between the City
of Paris as Lessor and the Archers for Christ as Lessee, which leased to the Archers for Christ
certain property located at Lake Crook, and further identified therein, shall be and is hereby in all
things amended to again include as property leased to the Archers for Christ that property
identified as area number One (1) on the Lake Crook Hunting District Map attached as Exhibit A
to the aforesaid Original Lease Agreement and to this Addendum Number Two.
2. That commencing on November 4,2004, the aforesaid area number One (1) shall be and
is hereby returned to the premises leased to Archers for Christ for its exclusive use hereafter, and
the Archers for Christ shall have and maintain area number One (1) as part of their Original Lease
Agreement with the City of Paris in accordance with and subject to the provisions of the Original
Lease Agreement as modified herein.
3. That Paragraph 17 of the Original Lease Agreement shall be and is hereby amended to read
as follows:
''That 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
property, for necessary municipal functions so declared by the City Council of the
City of Paris, and upon the giving of thirty (30) 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."
4. That all other terms and provisions of the Original Lease Agreement, save and except as
amended by the terms and provisions of this Addendum Number Two, shall be and remain in full
force and effect.
EXECUTED on the dates shown in the acknowledgments below.
CITY OF PARIS, PARIS, TEXAS, LESSOR
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By:
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
ARCHERS FOR CHRIST, LESSEE
By:
Mark Rothfuss, President
ATTEST:
Tom Barr, Secretary
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared CURTIS
FENDLEY, Mayor of the City of Paris, Paris, Texas, 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
,2004.
this the
day of
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF LAMAR )
BEFORE ME, the undersigned authority, on this day personally appeared Mark Rothfuss,
President of the 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
~ql!~id~ration therein expressed and in the capacity therein stated.
.' ..
of
GIVEN UNDER MY HAND AND SEAL OF OFFICE
,2004.
this the
day
Notary Public, State of Texas