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2005-145-RES LEASE AGREEMENTPARIS GUN CLUB INC AKA PARIS SKEET AND GUN CLUB RESOLUTION NO. 2005-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS GUN CLUB, INC., ALSO KNOWN AS PARIS SKEET AND GUN CLUB, FOR PROPERTY LOCATED AT LAKE CROOK; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore in Resolution No. 85-104 on December 9, 1985, approve the execution of a Lease Agreement from Paris Gun Club, Inc.; and, WHEREAS, the City Council did heretofore in Resolution No. 91-113 on November 11, 1991, approve the execution of Addendum Number One to said Lease Agreement; and, WHEREAS, the current Lease Agreement between the City of Paris and Paris Gun Club, Inc. expires December 31, 2005 and the Paris Gun Club is desirous of entering into another twenty- year Lease Agreement with the City of Paris; and, WHEREAS, the City Council of the City of Paris is desirous of entering into a Lease Agreement with the Paris Gun Club in the form attached hereto as Exhibit A, and the same should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, 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 the Paris Gun Club, Inc., also known as the Paris Skeet and Gun Club be, and the same is hereby approved and the Mayor of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris said Lease Agreement in the form attached hereto as Exhibit A. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of December, 2005. (\ \ ~.-- ~~~--- 8 /)--"2__ ATTEST: APPROVED AS TO FORM: ~. ~ D. Lestock, Assistant City Attorney LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS GUN CLUB, INC. STATE OF TEXAS ~ COUNTY OF LAMAR S 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/100 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 West Boundary Line of the Caviness Road with the North Boundary Line of F.M. Highway No. 79; THENCE North along the West Boundary Line of the Caviness Road a distance of 2970 feet; THENCE South 770 West a distance of 1584 feet to a point in the most Westerly West Boundary Line of the Lake Crook property; THENCE South along the said West Boundary Line a distance of 1105.5 feet; THENCE East a distance of 82.5 feet to a point; THENCE South a distance of 495 feetto a point in the North Boundary Line of F .M. Highway 79, said point being the Southeast corner of the Parker property; THENCE South 550 East along the North Boundary Line of F.M. Highway 79 a distance of 1815 feet to the place of beginning and containing 78.7 acres of land. -1- EXHIBIT A The term of this lease is for twenty (20) years, beginning on the rt day of January, 2006 and ending on the 3rt day of December, 2025. IN CONSIDERATION HEREOF, itismutually agreed by and between LESSOR and LESSEE: 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 -2- to hold and save LESSOR harmless from all claims for any such damages or injuries and LESSEE shall and must at all times during the term of this Lease Agreement, and any extensions thereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $250,000.00 per person and $500,000.00 for any single occurrence 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 members, invitees, agents, servants, or employees, 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, with LESSOR 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 any such policies to the City Clerk of the City of Paris, 150 rt 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 and any extension hereof 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 -3- Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037. 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 Conservation Service and the City of Paris in establishment of the use and arrangements of the facilities and in future developments of adjacent land for wildlife habitat improvements. 8. 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 subletting shall not exceed one week. 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, -4- which use shall be conducted on a non-interfering 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 the LESSOR shall reasonably attempt to provide an alternate location to re-establish the 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 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. 13. 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, LESSOR Curtis Fendley, Mayor -5- ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Asst. City Attorney PARIS GUN CLUB, INC., LESSEE Murray Jackson, President ATTEST: Fred E. Morphew, Secretary THE STATE OF TEXAS S COUNTY OF LAMAR S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Curtis Fendley, 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 December, 2005. Notary Public, State of Texas -6- THE STATE OF TEXAS S COUNTY OF LAMAR S BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Murray Jackson, President Paris Gun Club, Inc., 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 December, 2005. Notary Public, State of Texas -7-