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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. ~~~ ATTEST: ~C":~\\' ~ ~ U^^~~~~~ Mattie Cunnignham, City C1 r APPROVED AS T FORM: ~~. 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 .' \i 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 .' \, Notary Public State of Texas My commission expires: Printed name: