1984-056 - Maxey Black Powder Rifle ClubRESOLUTION NO. 84 -056
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, Joe Graham, 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 July, 1984.
J e Graham, Mayor
ATTEST:
TF ene, City Clerk
APPROVED AS TO FORM:
K. aynes, -City Attorney
EXHIBIT A
STATE OF TEXAS §
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 MAXEY
BLACK POWDER RIFLE CLUB of Paris, Lamar County, Texas,
acting by and through its President duly authorized, herein-
after 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 N01100
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 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 July, 1984 and ending on the 30th day of
June, 1989.
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 Community Development of the City of Paris.
2. That LESSEE will police and supervise the safe use
of the range so as to not permit firing 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,
providing at least $100,000.00 per person and $300,000.00
for any single occurrence for bodily injury or death and
$10,000.00 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 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 insur-
ance 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 pol-
icies 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 insur-
ance is in full force and effect at all times duriAg 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
chemical type at all times when the premises are to be used.
6. That LESSEE will construct embankments, make
excavations and seed and fertilize the same in accordance
with Soil Conservation Service recommendations.
7. 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.
8. 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 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 sublet-
ting 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 with safety procedures recommended by the
National Rifle Association of American and will post warning
signs every 100 feet on the property lines, post safety
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 been approved by the City Council of the
City of Paris, which use shall be conducted on a non -
interfering basis with the Maxey Black Powder Rifle Club
program.
13. 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.
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 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
registered or certified mail, return receipt requested.
IN WITNESS WHEREOF the undersigned have executed this
lease agreement.
CITY OF PARIS
BY:
Joe Graham, Mayor
ATTEST:
Greene, City Clerk LESSOR
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
ATTEST:
MAXEY BLACK POWDER RIFLE CLUB
BY:
rest ent
Secretary LESSEE
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day
personally appeared Joe Graham, 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 day
of July, 1984.
Notary Public, State of exas
My commission expires:
STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, on this day
personally appeared
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 day
of July, 1984.
Notary Public, State of exas
My commission expires:
1
1 � :
+ 1 1 •
ai�.ly
�•�Is
*'n
r •w' t
t61,
xt
y
• � sy
a.
2 r
{ fi
l- +
��• -J Ia1.1+t
• gal �•
t
'tr
\ ivriYt,
0
I Y4
F
i O :.Aaii
AIzz
r
V �• 3 j
V
y '1
�Li r;
�N
I I��
� 1•
ti-
b :
�L1
+k+
S
t
r, w7
�i
�1!
,05
v• �
c
°s.
� G ;Y
�•�Is
*'n
r •w' t
t61,
xt
y
• � sy
a.
2 r
{ fi
l- +
��• -J Ia1.1+t
• gal �•
t
'tr
\ ivriYt,
0
I Y4
F
i O :.Aaii
AIzz
r
V �• 3 j
V
y '1
�Li r;
�N
I I��
� 1•
ti-
b :
�L1
+k+
S
t
r, w7
�i
�1!
,05
v• �