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1990-077-RES WHEREAS, the City Council of the City of Paris is desirous of continuing to encourage the safe recreational RESOLUTION NO. 90-077 WHEREAS, the City Council of the City of Paris is desirous of continuing to encourage the safe recreational use of Lake Crook property and therefore wish to continue to make available a portion of District 1 and all of Districts 2, 4, 5 and 6 as shown on the Lake Crook Hunting Area map for bow hunting only under the supervision of the Archers For Christ Archery Club; and, WHEREAS, the Archers For Christ Archery Club has done an outstanding job of liter and polution abatement of their leased premises and agree to continue to maintain the area and to promote the safe use of the expanded area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement with Archers For Christ, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 10th day of September, 1990. E~~ MOYO:- ATTEST: \'\\~~\:, ) ~~~) Mattie Cunningham, City Clerk ~ APPROVED AS TO FORM: J~'''m"Y ~ 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 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 PARIS, a municipal corporation, of the sum of ONE AND NO/I00 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 to be used for an archery range and areas numbered One 0), save and except that portion lying south of Pine Creek and East of Area Number Ten (10), Two (2), Four (4), Five (5) and Six (6) described on Exhibit B to be used for archery hunting only, each Exhibit being attached hereto and made a part hereof for all legal purposes. The term of this lease is for five (5) the 1st day of October, 1990, and ending September, 1995. 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 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. STATE OF TEXAS years, beginning on on the 30th day of 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 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. LESSEE agrees to indemni fy, 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, invi tees, 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 $300,000.00 Combined Single Limit, 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, 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, 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. 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 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. 11. That no new structures, repairs, improvements or changes 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 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 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 priviledge 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, condition, stipulations and/or provisions herein contained, notice thereoI 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 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 for an additional period of five (5) years from and after the expi1:ation of this agreement, which option may be exercised by LESSEE giving notice in writing of its intention to renew said lease ninety (90) days prior to the expiration of the primary term of the lease. In the event LESSEE exercises option herein granted, 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 option term or in the event of default during said option term. 17. 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. CITY OF PARIS Eric S. Clifford, Mayor ATTEST: LESSOR Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney ARCHERS FOR CHRIST James Lassiter, President Don McHam, Vice President LESSEE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME. the undersigned authority, on this day personally STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared J ames Lass iter, Pres ident of Archer s For Chr is t, 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 states. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of September, 1990. Notary Public, State of Texas My Commission expires: STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Don McHam, Vice 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 states. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of September, 1990. Notary Public, State of Texas My Commission expires: LAKE CROOK HUNTING DISTRICTS 4 SCALE 1" .. 2000 I 5 LH. 79 19th N.W. . EXlIIIlIT B