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09 - Maxey Rifleman Gun Club Lease RenewalItem No. 9 Memorandum TO: Mayor, Mayor Pro -Tem & City Council & Council Grayson Path, City Manager FROM: Robert Vine, Deputy City Manager SUBJECT: Maxey Rifleman Gun Club Renewal of Agreement DATE: December 11, 2023 BACKGROUND: Since at least 1975, the Maxey Rifleman Club (formerly known by other names) has leased from the City a tract of land containing approximately 35 acres located at Lake Crook to use as a gun range. STATUS OF ISSUE: At the City Council meeting of November 12, 2018, City Council approved a new Lease Agreement with Maxey Rifleman Gun Club for five years with an option to extend the agreement for an additional five-year term. The current lease will expire December 31, 2023, and City Staff has received a request for renewal of the lease agreement (see attached lease agreement and request for extension). RECOMMENDATION: Approve the extension of the current Lease Agreement for an additional five years with a termination date of December 31, 2028. Janice Ellis From: Dave Osborne <osbornedave49@gmail.com> Sent: Monday, November 27, 2023 10:14 AM To: Janice Ellis Subject: Maxey Rifleman Gun Club lease renewal Paris City Council The Maxey Rifleman Gun Club is asking the City Council to renew our lease with the City Of Paris. During the term of our current lease the club and it's 800 + members has; 1. Continued to provide a safe environment for our members and guests to participate in shooting sports. 2. Provide a safe location for local firearm instructors to conduct their safety classes. 3. The Club provides all the equipment, coaches and supplies for the Lamar County 4-H rifle team at no cost to the local 4-H program. The club also funds travel expenses and scholarships for the team as well as sponsoring the northeast Texas 4-H district match. 4. The club donated $10,000 to the veterans memorial. 5. We conduct women's firearm training classes which include both classroom instruction and live fire at the range all at no cost to the participants. 6. The club sponsors the local International Defensive Pistol Assn. chapter as well as a monthly IDPA match which attracts participants from all over north Texas. • We have completed several range improvements which include: • repainting all structures at the range. • installed new covers on all shooting benches and stands. • Added two new pistol bays and extended a third. • We are in the process of extending the decorative fence to cover our entire road frontage. • We also will be installing additional sidewalks and sun shades. The club membership very much appreciates our relationship with the City of Paris and are always looking for ways to improve the safety and aesthetics of the property and better serve the citizens of Paris and the surrounding area. Thank you Dave Osborne and the MRGC Board of Directors. LEASE AGREEMENT (Maxey Rifleman Gun Range) Zynv Winew WK 11515 izi,1`11111!3•'� This Lease Agreement is made and entered into by and between the CITY OF PARIS, TEXAS, a home -rule municipal corporation, (hereinafter "LESSOR") and the MAXEY RIFLEMAN GUN CLUB, Inc., a Texas Corporation (hereinafter referred to as "LESSEE"). WITNESSETH: For and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR, does hereby lease, rent, and let unto LESSEE the real property described and depicted as Exhibit A, attached hereto and made a part hereof for all legal purposes hereinafter ("Premises" or "Leased Premises"). In consideration of the terms, conditions and covenants stated herein, LESSOR and LESSEE hereby agree as follows: I. TERM The term of this Lease Agreement is for five (5) years, beginning on the 1 st day of January, 2019, and ending on the 31 st day of December, 2023. II. DUTIES AND OBLIGATIONS A. LESSEE shall, at its sole cost and expense, operate and maintain a gun shooting range on the Leased Premises and LESSEE shall keep up and maintain all related improvements thereon including roadways and parking areas in accordance with all applicable Federal, State and local laws and regulations. B. LESSEE shall be solely responsible for policing and supervising the safe use of the gun range so as to prevent accidents and injuries and to prevent rounds from escaping the confines of the range. C. LESSEE will keep the Premises secure and shall post along the boundaries of the Leased Premises sufficient signs to inform the public of the use of the Premises and the danger incident thereto. D. LESSEE shall construct and maintain appropriate berms, embankments, walls, fences and other necessary backstops to provide a safe shooting environment for members, guests ae and visitors of the Maxey Rifleman Gun Club and to protect adjacent property owners and the general public from rounds fired at the range. E. LESSEE shall operate and maintain the gun range in accordance with the safety procedures established by the National Rifle Association ("NRA") gun safety rules and in compliance with all other applicable Federal, State and local laws pertaining to gun safety and gun range operation. LESSEE 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. F. LESSEE shall obtain written approval from LESSOR prior to constructing any new structures or facilities on the Premises. Site plan approval and building permits must be obtained in advance where required by City Ordinance. G. LESSEE shall maintain public restroom facilities on the Premises which conform to applicable State and local public health regulations. I. LESSEE acknowledges that LESSOR has developed a Lake Crook Planned Development Zoning District for all land surrounding Lake Crook in Paris, Lamar County, Texas and that said Planned Development District includes the Leased Premises and may affect LESSEE'S ability to operate the Maxey Rifleman Gun Club on the leased Premises in the future. III. INDEMNIFICATION AND INSURANCE A. Indemnification. LESSEE does hereby agree to release, indemnify and hold LESSOR, and 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 injury (including death) to persons and/or property occurring on the Leased Premises or resulting from LESSEE, LESSEE'S invitees, guests, agents, servants, or employees' use of the gun range or LESSEE'S presence upon, use, occupancy or enjoyment of the Leased Premises. LESSOR shall not be liable to LESSEE, LESSEE'S invitees, guests, employees, volunteers, agents, servants or visitors for any accidents, injuries or property damage which may occur on the Leased Premises during the term of this Lease Agreement or any extensions thereof. LESSEE has thoroughly inspected the Premises and hereby waives any defects or conditions on the Land and/or Leased Premises and agrees to hold and save LESSOR, its elected officials, officers and employees harmless from all claims for any such damages or injuries, related to the condition of the Leased Premises or any improvements located on the Premises. B. Insurance. LESSEE shall keep and maintain at all times during the term of this Lease Agreement, and any extensions thereof, in full force and effect a policy or policies of general commercial liability 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 damage to or destruction of property, indemnifying LESSOR, its elected officials, officers, and employees, for any and all damages, personal injuries (including death), or property damages sustained in or upon the Premises or arising from LESSEE'S operation or use of the gun range as M described herein. Said policy shall provide full coverage as required by the Indemnification clause herein and LESSEE shall pay all policy premiums due thereon. It is expressly provided that all insurance policies required by this Lease Agreement shall and must be written and issued by a reputable insurance company or companies, authorized to write insurance policies in the State of Texas. 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 the terms of this lease and any extension thereof, and specifically noting thereon the LESSOR, its elected officials, officers and employees shall be named an additional insured. IV. DEFAULT AND TERMINATION A. Terminationes for Default. 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 by LESSOR to LESSEE, 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, unless said default cannot reasonably be corrected within thirty (30) days in which event the default must be cured within sixty (60) days, then this Lease maybe terminated at LESSOR'S option, and LESSOR may 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 by LESSEE. B. Termination for Convenience. LESSOR may terminate this Lease Agreement for convenience at any time and for any reason deemed necessary or appropriate by the Paris City Council, upon sixty (60) days written notice to LESSEE. Upon receipt of said notice, LESSEE shall vacate the Premises and remove all persons, property and effects therefrom. C. Upon the expiration of this Lease Agreement, or upon earlier termination of the Lease Agreement, LESSEE shall remove all personal property or equipment not permanently attached to the Premises and shall remove or remediate all lead or other environmental contaminants from the Premises to the satisfaction of LESSOR. V. GENERAL PROVISIONS A. Renewal and Extension The initial term of this Lease Agreement shall begin January 1, 2019 and end December 31, 2023. Thereafter this Lease Agreement may be extended for an additional five (5) year term upon mutual written agreement of the parties hereto. B. Upon the expiration of this Lease Agreement, or upon earlier termination of the Lease Agreement as provided herein, all improvements made to the Premises shall become the property of LESSOR. C. LESSOR shall have the right and privilege of using any portion of said Premises for sm functions sponsored by the City of Paris, or any department of the City of Paris, provided the function has been approved by the City Manager or City Council of the City of Paris. LESSOR shall coordinate such use with LESSEE. Further, during any such event, LESSOR shall hold LESSEE and LESSEE'S directors and officers harmless from any injuries to persons or damage to property caused by LESSOR or LESSOR'S officers, employees, guests or invitees during said event. Provided, however, nothing herein shall be deemed to be a waiver of LESSOR'S sovereign or governmental immunity. D. Notice. All notices required under this Lease must be given by certified mail or hand delivery, addressed to the proper party, at the following addresses: LESSOR: LESSEE: City Manager Maxey Rifleman Gun Club, Inc. City of Paris P. O. Box 9037 Attgi <. a Paris, TX 75461-9037 Title:' �. With a colli. to: �a�s;�� ©.... City Clerk City of Paris P.O. Box 9037 Paris, TX 75461-9037 E. LESSEE shall not sublet or assign any or all of its rights, privileges or duties under this Agreement without the prior written approval of LESSOR and any attempted sublease or assignment without such prior written approval shall be void. F. Each party to this Lease Agreement has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations or other legal entity. G. Failure of any party, at any time, to enforce a provision of this Lease Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the City party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. H. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. QC I. No amendments to this Agreement shall be effective and binding until it is reduced to writing and signed by duly authorized representatives of both parties. EXECUTED ON the dates shown in acknowledgments below, this Lease Agreement shall be effective January 1, 2019, LESSOR: CITY OF PARIS, TEXAS: By.w �4'1< i) Godwin, City Manager ATTEST: Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney LESSEE: MAXEY RIFLEMEN GUN CLUB, INC. By: '� ..... a r Name . G� ..... _..... .. _.. Title: - I Secretary F.101 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared John Godwin, City Manager of the City of Paris, Paris, Texas, 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. CLI N UNDER MY HAND AND SEAL OF OFFICE, this day of 'r"' ' 2K9, ,D (?� 11-11.;;,i"KNICE ELI IS STAI E: bF 1EXAS STATE CIF'TEAS COUN'T"Y OFLAMAR . ............... ......... - iotary Public, State of Texas BEFORE ME, the undersigned authority, on ti-jis day 1-)erson.ally appeared of Maxey Rifleman. Gun Clulbjnc. known. to me — - -------------- - to be the person whose nwne is subscribed to the (bregoing insfirument, and acksiowledged to ine that lit executed the saine.for the puri oses and consideration therein expressed and on 11,'.)ehalf of said. coTpoirafiori, GIVEN UNDER. MY HAND, AND SEAL OF OFFICE, this r9- / day of ............. . . ........ _j&j 20 . ........... ..... '��,otary Pulp State of Texas STACEY A. McCLff§KEY Notary Public STATE OF TEXAS 10#1206245-0 W ComEx. JuI 31, 2020 , Maxi Gun Range Lease Legend «<y Paris City Limits N Maxey Gun Range Lease s, ro �� '�✓r � h� � (iii G/ ;� �' � • ,�/'1 iib y� „