10 - Lease Agreement Extension with Paris Gun ClubItem No. 10
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: PARIS GUN CLUB LEASE EXTENSION
DATE: February 2, 2019
BACKGROUND: For a number of years, the city has leased 78.7 acres of land near Lake Crook
to Paris Gun Club, Inc. The gun club offers skeet and other shotgun sporting opportunities at the
site. The current lease was executed in December 2005 and expires on the last day of 2025.
STATUS OF ISSUE: The club is pursuing a capital grant from the Texas Parks and Wildlife
Department (TPWD) to expand its sporting opportunities, hopefully to the point it can host large
tournaments that bring in out of town and even out of state participants. In order to receive
TPWD funding, a grant recipient must show it either owns the land on which the improvements
will be placed, or has control of it for at least thirty years, approximating the life cycle of those
improvements paid for by TPWD. Therefore, the gun club has requested that we extend them a
new lease for a period of thirty years.
BUDGET: NA
RECOMMENDATION: Approve extending attached lease agreement in support of the Paris
Gun Club's grant request.
R
LEASE AGREEMENT'BETWEEN THE
CITY OF PARIS AND
PARIS GUN CLUB INC.
STATE OF TEXAS §
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, and
PARIS GUN CLUB, INC., of 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 PARIS, a municipal
corporation, of the sum of ONE AND NO/100 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 PARIS
GUN CLUB, INC., the following described property:
Situated in the County of Lamar, State of Texas, being a portion of the
Lake Crook property and being further described as follows, to -wit:
BEGINNING at the intersection of the West Boundary Line of the
Caviness Road with the North Boundary Line of F.M. Highway No. 79;
THENCE North along the West Boundary Line of the Caviness Road
a distance of 2970 feet;
THENCE South 77° West a distance of 1584 feet to a point in the most
Westerly West Boundary Line of the Lake Crook property;
THENCE South along the said West Boundary Line a distance of
1105.5 feet;
THENCE East a distance of 82.5 feet to a point;
THENCE South a distance of 495 feet to a point in the North Boundary
Line of F.M. Highway 79, said point being the Southeast corner of the Parker
property;
THENCE South 55° East along the North Boundary Line of F.M.
Highway 79 a distance of 1815 feet to the place of beginning and containing
78.7 acres of land.
-1-
The term of this -lease is for twenty (20) years, beginning on the 1" day of January,
2006 and ending on the 31" day of December, 2025.
IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and
LESSEE:
1. That LESSEE will at its sole cost and expense construct and maintain at least one
skeet range with necessary appurtenances 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.
2. That LESSEE will police and supervise the safe use of the range limiting the use of
shotgun firearms only so as to not permit the firing of any other type of firearm and
to insure that such shotgun firearms are not permitted to fire across any public road
or any other areas of public use.
3. That LESSEE will post along the boundaries of the leased area sufficient signs to
inform the public of the use of the premises and the danger incident thereto.
4. 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 members',
invitees', agents', servants', or employees' use, and LESSOR shall not be liable to
LESSEE, its members, invitees, agents, servants, employees, licensees, or visitors due
to the buildings or other structures thereon being improperly constructed or being
or becoming out of repair, LESSEE hereby waiving any defects therein and agreeing
-2-
to hold and save LESSOR harmless from all -claims for any such damages or injuries
and LESSEE shall and must at all times during the term of this Lease 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 members, 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, 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 and any extension
hereof 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
-3-
Clerk, City of Paris, P. O: Box 9037, Paris, Texas 75461-9037.
5. 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 septic tank
system type supplemented at times of high use by the outdoor chemical type with
restroom facilities being available at all times when the premises are to be used.
6. 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.
7. That LESSEE 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.
8. 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.
9. That LESSEE will conduct the firing range in accordance with safety procedures
recommended by the National Skeet Shooting Association and will post warning
signs every 100 feet on the property lines, post safety signs and range rules on and
along all firing lines at all times when firing is being conducted.
10. 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,
-4-
which use shall be conducted on a non -interfering basis -'with the Paris Gun Club,
Inc., program.
-11. 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 property and the LESSOR shall reasonably attempt to provide an
alternate location to re-establish the skeet and trap ranges on other property owned
by LESSOR which has been so designated by the City Council for such purpose.
12. 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 sixty (60) 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.
13. All notices provided for herein must be made by registered or certified mail, return
receipt requested.
IN WITNESS WHEREOF the undersigned have executed this Lease Agreement.
M
CITY OF PARIS, LESSOR
-ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
1.1 D. Lestock, Asst. City Attorney
PARIS OWN
Muray Jacks
ATTEST:
Fred E. lorphew, Secretary
THE STATE OF TEXAS §
COUNTY OF LAMAR §
.,LESSEE
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Curtis Fendley, 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.
2005. 1 '
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of December,
X11_!;` k1
Pi
ALTO
NOTARY PUi3U0 �
z�mM My Commission Expires 01-28.20,3 X
�rrn�.,,
Notary Public State of Texas�.. .emm....... �...._...
Notary
—6—
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Murray Jackson, President Paris Gun Club, Inc., 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 614ay of December,
2005.
ALICE M. FfNALTi3NOTARY PUBLIC
r
STATE OF T Notary Public, State of Texas
i~
nfi� L'uminission ROM 81 2'�-VC
J f.✓St
-7-