1989-001-RES WHEREAS, CITY COUNCIL IS DESIROUS OF CONTINUING TO ENCOURAGE PROMOTION
RESOLUTION NO. 89-001
WHEREAS, the City Council of the City of Paris is desirous
of continuing to encourage the promotion of safe use of firearms
and therefore wished to continue to make available a portion of
Area 4, as shown on the Lake Crook Hunting Area Map, fronting 200
yards on the East Side of the Caviness Road and being 200 yards
deep, for the use of the Maxey Black Powder Rifle Club; and,
WHEREAS, the Maxey Black Powder Rifle Club continues to
agree to maintain the area and to promote the safe use of the
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 Maxey Black Powder Rifle
Club, upon the terms and conditions and in the form attached
hereto as Exhibit A.
Passed and adopted this 9th day of January, 1989.
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ATTEST:
~C":~\\' ~ ~ U^^~~~~~
Mattie Cunnignham, City C1 r
APPROVED AS T FORM:
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T. K. Hayes, City Attorney
LEASE AGREEMENT
STATE OF TEXAS S
COUNTY OF LAMAR S
LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal
corporation, acting by and through its Mayor duly authorized,
hereinafter referred to as Lessor, and MAXEY BLACK POWDER RIFLE
CLUB 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/100
DOLLARS ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the CITY
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OF PARIS, a municipal corporation, does hereby lease, rent and
let unto the MAXEY BLACK POWDER RIFLE CLUB the property described
on Exhibit A attached hereto and made a part hereof for all legal
purposes.
The term of this lease is for five (5) years, beginning on
the 1st day of January, 1989 and ending on the 31st day of
December, 1993.
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 a black powder pistol and rifle 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 Communi-
ty Development of the City of Paris.
4. LESSEE agrees to indemnify, save, keep and hold harm-
less LESSOR from and against any and all demands, debts, liabil-
i ties, 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 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
agreement, and any extensions thereof, keep and maintain in full
force and effect a policy or policies of insurance, providing at
least $100,000.00 per person and $300,000.00 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 lease 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 carri-
ers 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
6. That LESSEE will construct embankments, make exca-
vations and seed and fertilize the same in accordance with Soil
Conservation Service recommendations.
7. That LESSEE shall retain title to all building improve-
ments placed upon the leased premises and shall have the right of
removal in the event of cancellation or upon expiration of this
lease.
8. 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.
9. 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.
'.,
10. 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.
11. That LESSEE will conduct the firing range in accordance
wi th safety procedures recommended by the National Rifle Asso-
ciation of America and will post warning signs and range rules on
and along all firing lines and will fly a red range warning flag
at all times when firing is being conducted.
12. 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
the giving of ninety (90) days written notice by LESSOR, LESSEE
shall vacate such portion to be so utilized.
14. 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 contract may be terminated at
LESSOR's option, and it shall be lawful for the 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.
15. In the event LESSEE shall keep each and every agreement
contained herein and do and perform all the obligations required
of it hereunder during the term of this lease, an option is
hereby given and granted to LESSEE to renew and extend this lease
for an additional period of five (5) years from and after the
expiration 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.
16. All notices provided for herein must be made by regis-
tered or certified mail, return receipt requested.
IN WITNESS WHEREOF the undersigned have executed this lease
agreement.
LESSOR
CITY OF PARIS
BY:
Eric S. Clifford, Mayor
ATTEST:
LESSEE
MAXEY BLACK POWDER RIFLE CLUB
BY:
Jerry Dudley, President
ATTEST:
Robert Schwandt, Secretary
STATE OF TEXAS S
COUNTY OF LAMAR S
BEFORE ME, the undersigned authority, on this day personally
appeared Eric S. Clifford, 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
, 1989.
day of
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Notary Public State of Texas
My commission expires:
Printed name: