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1998-168-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY RESOLUTION NO. 98-168 WHEREAS, the City Council of the City of Paris did heretofore, on the 9th day of January, 1989, in Resolution No. 89-001, authorize the execution of a Lease Agreement with the Maxey Black Powder Rifle Club for a primary term of five (5) years, with a five (5) year lease option given to Lessee; and, WHEREAS, tl1e Maxey Black Powder Rifle Club did heretofore request to exercise said option, which exercise was confirmed by letter from the City Manager on the 21 st day of December, 1993; and, WHEREAS, said option will expire on the 31st day of December, 1998, and the Maxey Black Powder Rifle Club has requested that the City of Paris execute a new lease; and, WHEREAS, it is deemed appropriate that a new Lease be executed for a primary term of five (5) years, with a five (5) year option; and, WHEREAS, fue form of the Lease Agreement with the Maxey Black Powder Rifle Club, attached hereto as Exhibit A, should, in all things, be approved, and the City Manager, Michael E. Malone, should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the Lease Agreement with the Maxey Black Powder Rifle Club, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the City Manager, Michael E. Malone, be, and he is hereby, autl10rized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Maxey Black Powder Rifle Club, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of Dece er, 1998. ("' ~ i J /'wtX/ Charles H. Neeley, Mayor ATTEST: ~~lH~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: Z;~ Scott P. Foster, City Attorney LEASE AGREEMENT STATE OF TEXAS ~ COUNTY OF LAMAR ~ THIS LEASE AGREEMENT is made this 14th day of December, 1998, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereinafter referred to as LESSOR, and the MAXEY BLACK POWDER RIFLE CLUB of Paris, Lamar County, Texas, acting by and through its President, Durlan Utley, hereinafter referred to as LESSEE. WIT N E SSE T H: F or and in consideration of the payment to the City of Paris, a municipal corporation, of the sum of One and nol100 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 January, 1999, and ending on the 31 st day of December, 2003. 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 Engineering Department 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. -1- fiXH\B\T A , 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 harmless from all claims for any such damages or injuries and LESSEE shall and must at all times during the term of this Lease, and any extensions hereof, 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 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 lease 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, 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 hereof. -2- " 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 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. 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 subletting shall not exceed one (1) 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 America and 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. -3- 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 may be terminated at LESSOR's option, and it shall be lawful for the 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 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 hereof, beginning on the 1st day of January, 2004, and ending on the 31 st day of December, 2008, which option may be exercised by LESSEE giving notice in writing of its intention to renew this Lease ninety (90) days prior to the expiration of the primary term hereof. -4- 16. All notices provided for herein must be made by registered or certified mail, return receipt requested. EXECUTED ON the dates shown in acknowledgments below. CITY OF PARIS, LESSOR: By: Michael E. Malone, City Manager ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Scott P. Foster, City Attorney MAXEY BLACK POWDER RIFLE CLUB, LESSEE By: Durlan Utley, President ATTEST: Alvin W offard, Secretary THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Michael E. Malone, 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 -5- purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of December, 1998. Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Durlan Utley, President, Maxey Black Powder Rifle Club, 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, 1998. Notary Public, State of Texas -6-