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1985-104-RES WHEREAS, the City Council of the City of Paris is desirous of continuing to encourage the promotion of RESOLUTION NO. 85-104 WHEREAS, the City Council of the City of Paris is desirous of continuing to encourage the promotion of safe use of firearms; and, WHEREAS, the City Council of the City of Paris is proud of the reputation earned by the Paris Gun Club, Inc., with regard to its facility construction, maintenance and its conduct of registered tournaments; and, WHEREAS, the Paris Gun Club, Inc., continues to agree to maintain the area described on Exhibit A attached hereto and to make the same available to the public on a non- discriminatory basis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, George Fisher, Jr., be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement with Paris Gun Club, Inc., upon the terms and conditions and in the form attached hereto as Exhibit B. Passed and adopted this 9th day of December, 1985. ATTEST: ~~\.~ ~>--~~1 Mattie Cunningham, C ty C erk 1;;i;~ T. K. Haynes, City Attorney 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 WB line of the Caviness Road with the NB line of F.M. Highway No. 79; THENCE North along the WB line of the Caviness Road a distance of 2970 feet; THENCE South 77 degrees West a distance of 1584 feet to a point in the most westerly WB line of the Lake Crook property; THENCE South along the said WB line a distance of ll05.5 feet; THENCE East 82.5 feet to a point; THENCE South 495 feet to a point in the NB line of F.M. Highway 79, said point being the SE corner of the Parker property; THENCE South 55 degrees East along the NB line of F.M. Highway 79 a distance of 1815 feet to the place of beginning and containing 78.7 acres of land. STATE OF TEXAS S 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/lOO 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 WB line of the Caviness Road with the NB line of F.M. Highway No. 79; THENCE North along the WB line of the Caviness Road a distance of 2970 feet; THENCE South 77 degrees West a distance of 1584 feet to a point in the most westerly WB line of the Lake Crook property; THENCE South along the said WB line a distance of ll05.5 feet; THENCE East 82.5 feet to a point; THENCE South 495 feet to a point in the NB line of F.M. Highway 79, said point being the SE corner of the Parker property; THENCE South 55 degrees East along the NB line of F.M. Highway 79 a distance of 1815 feet to the place of beginning and containing 78.7 acres of land. ,,,^, 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 to hold and save LESSOR harm- less 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, 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 employ- ees, 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. 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 Conser- vation Service and the City of Paris in establishment of the use and arrangements of the facilities and in future devel- opments of adjacent land for wildlife habitat improvements. 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, which use shall be conducted on a non-inter- fering 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 re-establish its 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 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 therefrom, all and every claim for damages for or by reason of said re-entry IN WITNESS WHEREOF the undersigned have executed this lease agreement. CITY OF PARIS BY: George Fisher, Jr., Mayor ATTEST: LESSOR Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes, City Attorney PARIS GUN CLUB, INC. BY: President ATTEST: Secretary LESSEE STATE OF TEXAS S COUNTY OF LAMAR S BEFORE ME, the undersigned authority, on this day personally appeared George Fisher, Jr., 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 of December, 1985. day Notary Public, State of Texas My commission expires: STATE OF TEXAS S executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER 11Y HAND AND SEAL OF OFFICE this of December, 1985. day Notary Public, State of Texas My commission expires: