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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. 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