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2021-030 - Authorizing and Approving a Lease Agreement between the City of Paris and Archers for Christ for the use of certain propery around Lake CrookA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING AND APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND ARCHERS FOR CHRIST FOR THE USE OF CERTAIN PROPERTY AROUND 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 22nd day of August, ,2016, in Resolution No. 2016-029, authorize the execution of a Lease Agreement with Archers for Christ for property located at Lake Crook, and, WHEREAS, the 2016 Lease Agreement with Archers for Christ, and the addendums thereto will expire on September 30,2021; and WHEREAS, Whereas, the Archers for Christ organization has been a good steward of the City property at Lake Crook for many years and many residents of Paris and Lamar County have enjoyed target shooting and bow hunting at the Lake Crook property through their affiliation with Archers for Christ; and WHEREAS, Archers for Christ has requested the City to renew and extend their lease of the Lake Crook property for an additional five year term with an option for a five year renewal; and WHEREAS, the City Council deems it appropriate to enter into a Lease Agreement with the Archers for Christ for the property adjacent to and around Lake Crook, Paris, Lamar County, Texas. In the form attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the Lease Agreement between the City of Paris and Archers for Christ, for the property around Lake Crook the form of which is attached hereto as Exhibit "A", be, and the same is hereby, approved for a period commencing October 1, 2021 and ending September 30, 2026. Section 3. The City Manager is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of Paris, substantially according to the terms and conditions set forth in the Agreement. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED this 13th day of September, 2021. B. Hughes, Mayor Prd,-T H. Harris, City Attorney LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § This Lease Agreement is made and entered into by and between the CITY OF PARIS, TEXAS a home rule municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as LESSOR or City, and ARCHERS FOR CHRIST of Paris, Lamar County, Texas, a non-profit organization acting by and through its President duly authorized, hereinafter referred to as LESSEE or Archers. WITNESSETH: For and in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR, does hereby lease, rent and let unto LESSEE, that certain public property surrounding and adjacent to Lake Crook City of Paris, Lamar County, Texas as more particularly depicted in the Lake Crook Hunting Map attached hereto and incorporated herein as Exhibit "A", specifically the property identified as Area Numbers: One, Two, Four, Five, and Six, on the map may be used for archery target shooting, bow hunting and special archery related events or tournaments ("Leased Premises"). 1. TERM. A. Initial Term. The initial term of this Lease Agreement shall be for a five year period commencing October 1, 2021 and ending September 30, 2026; provided, however, 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 Premises, for any reason upon the giving LESSEE thirty (30) days written notice. B. Renewal Option. Upon the expiration of the Initial Term, unless terminated earlier as provided above, the Lease Agreement may be renewed for an additional five-year term upon mutual agreement of LESSOR and LESSEE ("Renewal Term"). A. LESSEE shall, at its sole cost and expense, maintain an archery target shooting course and bow hunting area on the Leased Premises and LESSEE shall maintain all roadways and parking areas to serve the same in accordance with this Agreement and City Ordinances. B. LESSEE shall also maintain at its sole cost and expense, all gates and fences on the Leased Premises in a safe and secure condition and LESSEE shall post appropriate signage at all entrances or access points leading into the Leased premises identifying Archers for Christ as LESSEE and providing contact information (including phone number) for persons seeking information. C. LESSEE may restrict access to the Leased Premises from the first Saturday in October through the first Saturday in January each year for bow hunting season. Signs will be posted at all gates and access points leading into the Leased Premises, warning the public that archery/bow hunting is in progress and to contact LESSEE prior to entering the area for their own safety. During hunting season and during authorized LESSEE events, no motorized vehicles, other than those of the LESSOR or the LESSEE, will be allowed access into the Leased Premises. These vehicles will be used for performing maintenance on the Leased Premises and for target setup, tournament transportation, and other related activities of LESSEE. Only official LESSOR vehicles or LESSEE authorized vehicles and their All Terrain Vehicles ("ATVs") will be allowed on the paths or roads during hunting D. LESSEE shall be responsible for managing and supervising the Leased Premises and —2— providing a safe environment for all users and/or visitors of the Leased Premises during the term of this Lease Agreement and any renewals thereof. E. Membership in the Archers for Christ Archery Club shall remain open to anyone interested in or involved in archery and game conservation. LESSEE shall not discriminate against any person because of race, religion, sex, age, disability, national origin, or on the basis of any other discriminatory standard; provided, however, LESSEE may impose reasonable requirements incident to membership, such as payment of reasonable dues, safety and skills assessment, and minimum attendance requirements at AFC tournaments, or the like. F. LESSEE shall post along all boundaries of Leased Premises appropriate signage to inform and to warn all users, visitors and the public at large of the activities taking place on the Leased Premises and any danger associated with these activities. The signs shall also include contact information with name and phone number of LESSEE'S authorized representative. G. LESSEE agrees to release, defend, indemnify, and hold LESSOR, its elected officials, officers and employees harmless 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 invitees, agents, servants or employees use of the Leased Premises, and LESSOR shall not be liable to LESSEE, its invitees, agents, servants, employees or visitors due to the condition of the Leased Premises or improvements located thereon, or hereafter constructed, or any other condition of the Leased Premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE 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 $500,000.00 per occurrence and $1,000,000.00 aggregate 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 invitees, agents, servants or employees, and LESSEE 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, naming LESSOR, its elected officials, officers, and employees 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 all 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 Agreement and any extension thereof 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 Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037. H. LESSEE shall conform to and observe all public health and safety rules, regulations —4— and laws of the State of Texas and the City of Paris and LESSEE shall provide adequate public restroom facilities of the outdoor chemical type at all times when the Leased Premises are in use. I. LESSEE shall retain title to all temporary structures or personal property placed upon the Leased Premises and shall have the right to remove these temporary structures and personal property upon expiration of this Lease Agreement or earlier termination thereof, provided, however, LESSEE shall remove such improvements without unduly damaging the Leased Premises, and provided further, such improvements shall be removed at LESSEE's expense within sixty (60) days of cancellation or termination of the Lease Agreement; otherwise, such improvements shall at the LESSOR's discretion become the property of the LESSOR. J. LESSEE shall not sublet, sublease or assign the Leased Premises to any other person, club or organization without first obtaining the written consent of LESSOR as authorized by formal action of the Paris City Council. K. No new additions, repairs, improvements or changes in locations or otherwise will be made to any existing buildings, structures, fences or other things located on the Leased Premises without the prior written consent of the City Manager of the City of Paris. L. LESSEE shall not dam up any creeks or waterways on the Leased Premises, nor shall LESSEE fill in any creeks or wetlands or divert the natural flow of water on the Leased Premises without first obtaining written authorization and necessary permits from the United States Army Corps of Engineers, applicable state Regulatory Agencies and/or the City of Paris, Texas. M. LESSEE shall manage and operate the archery shooting areas in accordance with safety procedures promulgated by the Archery Shooting Association, and other applicable —5— Federal, State and local rules and regulations. LESSEE shall post warning signs at all access points leading into the Leased Premises and a sign -in board and/or tree stand map shall be maintained at the ARCHERS FOR CHRIST Main Pavilion at the southern boundary of Area 2. N. Authorized representatives of LESSEE may, from time to time camp overnight at the AFC main Pavilion area on common border of Area 2 and Area 3 for security and/or Lease management purposes. 0. LESSOR shall have the right and privilege of using any portion of said Leased Premises for functions sponsored by the City of Paris, or any department thereof, which function has been approved by the City Manager of the City of Paris, which use shall be conducted on a non -interfering basis with the ARCHERS program. P. 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 thirty (30) 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. Q. Upon expiration or earlier termination of this Lease Agreement, or any extension thereof, all property affixed to the Leased Premises by LESSEE shall become the property of the LESSOR and will not be subject to removal upon the expiration of this lease or in the event of default during the term of this lease. 3. MISCELLANEOUS PROVISIONS. A. Notice. Any written notice required or permitted under the terms of this Lease Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are designated as follows: RNM City Manager P.O. Box 9037 Paris, Texas 75461-9037 WITH A COPY TO: City Attorney City of Paris P.O. Box 9037 Paris, TX 75461 LESSEE: Archers for Christ 2810 Willow Bend Paris, Texas 75460 B. Governing Law & Venue. That this Lease Agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this Lease Agreement are performable in Lamar County, Texas. Venue for State court actions arising under this Agreement shall be exclusively in the courts of Lamar County, Texas; venue for Federal court actions arising under this Agreement shall be exclusively in the Federal courts for the Eastern District of Texas. C. Non -Waiver. No waiver of the either party's rights under this Lease shall be deemed to have been made unless expressed in writing and signed by an authorized representative of that Party. D. Severability. If any provision of the Agreement is declared illegal, void, or unenforceable, the remaining provisions will not be affected but will remain in full force and effect. E. Transfer. No transfer or assignment of the Agreement or any right accruing under this Agreement will be made by either party hereunder without the written consent of the other party, which consent may be withheld in such party's sole discretion. F. Entire Lease Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto, and it will not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. CITy"', , Deputy Ci F., VIA"I ; W S0 Stephanie H. Harris, City Attorney 14 p"79) CITY OF IS, TEXAS Grayson Path, Ay Manager LESSEE: ARCHERS FOR CHRIST Brad King, President THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Grayson Path, City Manager 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 13th day of September, 2021. THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Brad King, 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 stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of September, 2021. Notary Public, State of Texas Wam �,u��u,, DENENE JOHNSON `*w Y Texas -- 3State of �.' �MNotary Public, =° 03-16-2U/3,J it-)taryPublic, comm. Expires ;� ..%;"� State Texas rf36216 THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Brad King, 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 stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 13th day of September, 2021. Notary Public, State of Texas Wam