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09-D Addendum No. 3 to Archers for Christ Lease DRAFT f:attorneylreswroklcurrentlArchers 2007 Addendum NO.3 Res January 29, 2007 RESOLUTION NO. A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING ADDENDUM NO. THREE TO LEASE AGREEMENT DATED SEPTEMBER 10,2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST PROVIDING FOR THE ADDITION OF THAT TRACT OR PARCEL OF LAND DESIGNATED AS AREA NO. 8-A LOCATED AT LAKE CROOK TO THE EXISTING LEASE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 7th day of September, 2000, in Resolution No. 2000-127, approve the execution of a Lease Agreement with Archers for Christ (the "Original lease Agreement") for property owned by the City of Paris and located at Lake Crook; and, WHEREAS, the properties identified for use by the Archers for Christ pursuant to the aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook Hunting District Map attached as Exhibit A to the Original Lease Agreement; and, WHEREAS, Archers for Christ have expressed an interest in adding the area identified as Area No. 8-A on the Official Lake Crook Hunting Map to the Original Lease Agreement and to manage and maintain Area No. 8-A in accordance with the terms and conditions of the Original Lease Agreement; and, WHEREAS, City staffhas reviewed Archers For Christ's proposal to add Area No. 8-A to the Original Lease Agreement and recommends that Addendum No.3 attached hereto as Exhibit A, should in all things, be approved, and the Mayor of the City of Paris should be authorized to execute the same; 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 of this resolution are hereby in all things approved. Section 2. That adding Area No.8-A, of the Official Lake Crook Hunting Map to the Original Lease Agreement dated September 10, 2001 between the City of Paris and Archers For Christ, a copy of which is attached hereto as Exhibit B, is in the best interests of the City of Paris and its citizens and is in all things approved. r- Section 3. That the Mayor be, and he is hereby authorized and directed to execute, on behalf of the City of Paris, Addendum No. Three to the Original Lease Agreement, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 12th day of February, 2007. Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney r- ADDENDUM NUMBER THREE TO LEASE AGREEMENT DATED SEPTEMBER 10,2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR WHEREAS, the City of Paris, Texas, a home rule municipal corporation and body politic located in Lamar County, Texas, hereinafter referred to as LESSOR, and the Archers for Christ of Paris, Texas, a non-profit institution, hereinafter referred to as LESSEE, have previously entered into that Lease Agreement dated September 10, 200 I, hereinafter referred to as the "Original Lease Agreement", for the use of certain property located at Lake Crook and owned by the City of Paris; and, WHEREAS, the property identified for use by LESSEE pursuant to the Original Lease Agreement and identified in said the Lease Agreement as area numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as further depicted on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and, WHEREAS, LESSEE has expressed an interest in adding the area identified as Area No. 8-A on the Lake Crook Hunting Map to the Original Lease Agreement and to manage and maintain Area No. 8-A in accordance with the terms and conditions of the Original Lease Agreement; and, WHEREAS, LESSOR and LESSEE desire to enter into a third Addendum to the aforesaid Original Lease Agreement to reflect the addition of that property described as area number 8-A to the property leased to the Archers for Christ pursuant to the aforesaid Original Lease Agreement; NOW, THEREFORE, in consideration of LESSEE's payment to LESSOR, the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. LESSOR and LESSEE do hereby enter into this Addendum Number Three to the above- referenced Original Lease Agreement, effective as of the date the last party signs Addendum No. Three, and to amend the aforesaid Original Lease Agreement as provided herein. 2. That the Original Lease Agreement dated September 10,2001, by and between the City of Paris as Lessor and the Archers for Christ as Lessee shall be and is hereby in all things amended to include that property identified as area number 8-A on the Lake Crook Hunting District Map attached hereto as Exhibit A and to this Addendum Number Three as Exhibit B. EXHIBIT .A.. ,.-- 3. Beginning with the effective date of this Addendum No.3, area number 8-A shall be and is hereby added to the premises leased to LESSEE for its use as provided in the Original Lease Agreement, and LESSEE shall manage and maintain area number 8-A in accordance with the terms and conditions of the Original Lease Agreement as modified herein. 4. That all other terms and provisions of the Original Lease Agreement, save and except as amended by the terms and provisions of this Addendum Number Three, shall be and remain in full force and effect. EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, TEXAS-LESSOR By: Richard Manning, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ARCHERS FOR CHRIST -LESSEE By: Mark Rothfuss, President ATTEST: Tom Barr, Secretary STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared RICHARD MANNING, Mayor 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. ,..- GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ,2007. day of Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared MARK ROTHFUSS, President of the Archers for Christ, 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 the _ day of ,2007 Notary Public, State of Texas m x :::I: - m - -t P=> ARCHERY LEASE ~ Fence separates 8A & 88 MAXEY BLACK POWDER CLUB Hunting Regulations on Reverse Side ~ Z :t f- (jI ....... LAKE CROOK HUNTING MAP Revised February, 2007 LEASE AGREEMENT STATE OF TEXAS S COUNTY OF LAMAR ~ KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as LESSOR or City, and ARCHERS FOR CHRIST of Paris, Lamar County, Texas, acting by and through its President duly authorized, hereinafter referred to as LESSEE or Archers, WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal corporation, of the sum of ONE AND NOll 00 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 ARCHERS FOR CHRIST, subject to the terms and provisions ofthis Agreement, the property described on Exhibit A, being area number Two (2) to be used for an archery range and areas numbered One (1), Four (4), Five (5), Six (6), and Seven (7) as shown on the First Amended Lake Crook Hunting District Map attached hereto as Exhibit B to be used for archery hunting and special archery related events or tournaments only, each Exhibit being attached hereto and made a part hereof for all legal purposes; The initial term of this lease is for five (5) consecutive one (1) year terms, with an optional renewal for five (5) additional one (1) year terms for tracts number One (1) and number Seven (7). as those tracts are designated on the exhibits attached hereto. The five (5) consecutive one (1) year terms for the use of tracts One (1) and Seven (7) shall begin on the 1 st day of October, 2001, and end on the 30th day of September, 2002, with subsequent one (1) year terms on the anniversary date thereafter, ending September 30,2006, unless the LESSOR, by or before May 31 of anyone (1) year term, gives written notice of termination to the LESSEE, as to either or both tracts One (1) and Seven (7). The LESSEE may extend the term of said lease for use of tracts One (1) and Seven (7) -1- EXHIBIT .1. ..., . for an additional five (5) consecutive one (1) year terms beginning October 1,2006, and ending September 30,2007, with subsequent one (1) year terms on the anniversary date thereafter, ending i September 30, 2011, again subject to the LESSOR's annual right of termination by or before May 31 of any given one (1) year term as set out herein; provided, the LESSEE gives written notice to the LESSOR of its intention to renew said Lease Agreement ninety (90) days in advance of the end of the first five (5) consecutive one (1) year terms, stating in said notice the LESSEE's intention to renew the lease for use of tracts One (1) and Seven (7) for an additional five (5) consecutive one (1) year terms. Said renewal shall be automatically effective unless the LESSOR, by written notice forwarded to the LESSEE within sixty (60) days of receipt of the LESSEE's Notice of Intent, notifies the LESSEE the LESSOR does not desire to renew the lease for use of either or both tracts One (1) and Seven (7) for additional five (5) consecutive one (1) year terms, whereupon the LESSEE shall have until January 1,2007, to vacate either or both tracts One (1) and Seven (7) as indicated in the LESSOR's notice and in accordance with this lease agreement. With regard to tracts Two (2), Four (4), Five (5), and Six (6), the term of this lease for tracts Two(2), Four (4), Five (5), and Six (6) shall be ten (10) years, beginning on October 1, 2001, and ending on September 30, 2011, conditioned upon the LESSEE fulfilling all the terms and provisions of this Lease Agreement as set out herein. 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 an archery 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 on the property described on Exhibit A attached hereto. -2- '" - 2. That LESSEE will at its sole cost and expense construct and maintain a direct road from the Caviness Road east and northeast to the point in tract Four (4) as shown on Exhibit B attached hereto; and construct and maintain a three-strand barbed wire fence adjacent to the common boundary line of Area One (1) and FM 1499; the East Boundary Line of the Caviness Road from the north boundary line of Area One (1) southeasterly to the north end of the most northerly Caviness Road Bridge, and beginning at the south end of the most southerly Caviness Road Bridge southwesterly along said east boundary line of the Caviness Road to the north boundary line of Maxey Riflemen leased property; and beginning at the City's north boundary's intersection with the west boundary line ofthe Caviness Road southwesterly with the west boundary line ofthe Caviness Road to the north end ofthe most northerly Caviness Road Bridge; and beginning at the south end ofthe most southerly Caviness Road Bridge southwesterly with the west boundary line of Caviness Road to its intersection with the north boundary line of the property described on Exhibit A, and place posted signs along said fence. 3. LESSEE will close down the north side road (Tract One) during the last week of September to January 5 each year for hunting season. Signs will be posted at both ends of the road, warning the public that hunting is in progress and by entering the area, they are responsible for their own safety. On the four weekends each year that the LESSEE has tournaments on the northeast end ofthe north side road (near the dam), the road will be closed to non-participants for a period often hours. Notification will be posted at both ends of the road, several days prior to the closing, for public information regarding the use of said property for the aforesaid tournaments. During hunting season or authorized Archer events, no motorized vehicles, other than those ofthe LESSOR or the LESSEE, will be allowed access to the north side Lake Road in Tract One (1) and the Peninsula Road in Tract Four (4). These vehicles will be used for performing maintenance on the part of the -3- LESSEE and for target setup, tournament transportation, and maintenance on the part of LESSEE. Only official LESSOR vehicles or LESSEE authorized vehicles and their A TV's ,will be allowed on the paths or roads during hunting season. 4. Except as otherwise provided in paragraph 3 of this lease, the general public shall be entitled to access to all tracts leased hereunder, that is, tracts One (1 '), Two (2), Four (4), Five (5), Six (6), and Seven (7), on a reasonable basis, when the properties are not being used for LESSEE events; when such access and use would not interfere with LESSEE activities; when such use would not represent a threat to the visitors themselves; and provided such use and access by the general public does not allow the property ofthe LESSOR or the LESSEE to be damaged or destroyed. 5. That LESSEE will police and supervise the safe use ofthe property described on Exhibits A and B attached hereto so as to not permit shooting across any public road or any other areas of public use. 6 Membership in the Archers for Christ Archery Club shall be and remain open to anyone interested in or involved in archery and game conservation. The aforesaid membership shall be without consideration of race, religion, sex, age, disability, national origin, or on the basis of any other discriminatory standard; provided, however, the Archers may impose reasonable requirements incident to membership, such as residency, payment of reasonable dues, minimum attendance requirements at Archer events, or the like. 7. That LESSEE will post along the boundaries of property described in Exhibit A attached hereto sufficient signs to inform the public ofthe use ofthe premises and the danger incident thereto. 8. That 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 -4- premises resulting from LESSEE'S, its invitees, agents, servants or employees use, and LESSOR shall not be liable to yESSEE, its invitees, agents, servants, employees or visitors due to the improvements located thereon, or hereafter constructed, or any other condition of the premises being improperly constructed, maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agrees to hold and save LESSOR harmless from all claims for any such damages or injuries, and LESSEE 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 $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 ofthe negligence of LESSEE, its 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 1 st 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 thereof 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 ofthe 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 -5- '" - the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461- 9037. 9. That LESSEE will conform to and observe all sanitary rules, regulations and laws ofthe State of Texas and provide public restroom facilities of the outdoor chemical type at all times when the premises are to be used. 10. That LESSEE will construct embankments, make excavations and seed and fertilize the archery range in accordance with Soil Conservation Service recommendations. 11. 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; provided, however, LESSEE shall remove such improvements without unduly damaging the premises, and provided further, such improvements shall be removed at LESSEE's expense within ninety (90) days of cancellation or termination; otherwise, such improvements shall at the LESSOR's discretion become the property ofthe LESSOR. 12. That LESSEE shall cooperate with the Soil Conservation Service and the City of Paris in establishment ofthe use and arrangements ofthe facilities and in future developments of adjacent land for wildlife habitat improvements. 13. That LESSEE will not sublet the rented premises or any part thereofwithout 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. 14. 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. -6- ,..- - 15. That LESSEE will conduct the archery range in accordance with safety procedures recommended by the National Field Archery Association and will post warning signs on the property j lines, post safety signs and range rules on and along the range trail. A sign-in board will be at the entrance. 16. 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 ARCHERS FOR CHRIST program. 17. 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, and shall be given the privilege of removing any improvement constructed on said property by LESSEE. 18. 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 maybe 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. 19. Upon expiration of this lease, or any extension thereof, all property affixed to the premises by LESSEE shall become the property ofthe LESSOR and will not be subject to removal upon the expiration of this lease or in the event of default during the term of this lease. -7- 20. All notices provided for herein must be made by registered or certified mail, return receipt requested. CITY OF PARIS, PARIS, TEXAS, LESSOR ATTEST: ~~~~~e~',^.,) ARCHERS FOR CHRIST, LESSEE ~J ;f'AJl Kirk Ballard, President ATTEST: ~~.-.--x7~/f~~ Tom G. Barr , Secretary APPROVED AS TO FORM: Jtk1~p od Mark Rothfuss , Ice resl ent -8- 'T ~ THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Michael J. Pfiester, 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 10th day of September, 2001. ~ ;tt, _ ()~ Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Kirk Ballard, President of Archers for Christ, 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. iJ.. GIVEN UNDERMY HAND AND SEAL OF OFFICE, this 1.i- day of September, 2001. ~.;.. 'ft: bJJ<J Notary Public, State [Texas -9- " - 10 year lease - >>>>- I year, auto renew, 5 years - * ~ g Current Archer's Lease - 0 & Park-~ vi'" Fence separates 8A << 88 a H t::d H t-3 ~ > II "- I . 40 -<-{{{ UJa arraaK JlUNTIllO ~ Revised March,-1996 Hunting Regulations On Reverse Side . ~ is m .- LAKE CROOK HUNTING. DISTRICTS AND REGULATIONS' 972 Acres P.rchery Hunting Archery Hunting Archery Hunting No Hunting Area Restricted to hunting ducks and geese in accordance with state and federal laws DISTRICT 1 DISTRICT 2 DISTRICT 4,S,6,l,8^ DISTRICT 8B l: 10 DISTRICT 9 526 Acres 120 P.cres 831 fl.cres 198 fl.cres ~ IllPORTANT: Hunting with rifles and/or shotguns is prohibited on all Lake Crook property with the exception of District 9.Shotguns only may be used in District 9. ADDENDUM NUMBER ONE TO LEASE AGREEMENT BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR WHEREAS, the City of Paris, Paris, Texas, a municipal corporation and body politic in Lamar County, Texas, hereinafter referred to as LESSOR, and the Archers for Christ of Paris, Lamar County, Texas, a non-profit institution, hereinafter referred to as LESSEE, have previously entered into that Lease Agreement dated September 10, 2001, for the use of certain properties owned by the City of Paris; and, WHEREAS, the properties identified for use by the Archers for Christ pursuant to the aforesaid Lease Agreement are identified in said Lease Agreement as areas numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Lease Agreement; and, WHEREAS, the City of Paris has received approval from the Texas Parks and Wildlife Commission and been awarded National Recreational Trails Grant funds to implement the Lake Crook Trails Project, said Project being to construct walking paths and other trails in the park, to include that area identified as area number One (1) in the aforesaid original Lease Agreement; and, WHEREAS, pursuant to paragraph 17 of the aforesaid Lease Agreement, the City of Paris as Lessor has exercised its right and privilege under said Lease Agreement to make a partial termination of the Lease Agreement for necessary municipal functions so declared by the City Council of the City of Paris, upon the giving of ninety (90) days written notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area number One (1) of the property; and, WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to enter into an Addendum to the aforesaid original Lease Agreement reflecting the omission and deletion of that property described as area number One (1) from property leased to the Archers for Christ pursuant to the aforesaid Agreement; NOW, THEREFORE, FOR AND IN CONSIDERATION OF the payment to the City of Paris, a municipal corporation, the sum of One and No/lOO Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Paris and the Archers for Christ do hereby enter into this Addendum to the above-referenced Lease Agreement to amend the aforesaid Lease Agreement as provided herein. """-- ~ IN CONSIDERATION HEREOF, it is mutually agreed by and between the City of Paris as Lessor and the Archers for Christ as Lessee as follows: 1. That the original Lease Agreement dated September 10, 2001, by and between the City of Paris as Lessor and the Archers for Christ as Lessee, which leased to the Archers for Christ certain property located at Lake Crook, and further identified therein, shall be and is hereby in all things amended to remove as property leased to the Archers for Christ that property identified as area number One (1) in the aforesaid original Lease Agreement on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid original Lease Agreement. 2. That commencing on March 20, 2003, the aforesaid area number One (1) shall be and is hereby returned to the City of Paris for its exclusive use hereafter, and the Archers for Christ shall have and maintain no further use or benefit from the aforesaid property. 3. That the Archers for Christ shall in all things remove any and all property and other improvements thereon from the aforesaid area number One (1), as such property and improvements are owned by Lessee Archers for Christ, as directed by the City of Paris and in accordance with the terms and provisions of the original Lease Agreement. 4. That all other terms and provisions of the original Lease Agreement, save and except as. amended by the terms and provisions of this Addendum, shall be and remain in full force and effect. EXECUTED on the dates shown in the acknowledgments below. By: ATTEST: ~~~~"""'-"~""'-) Mattie Cunningham, City Clerk APPROVED AS TO FORM: ,. By: ARCHERS FOR CHRIST, LESSEE f /7) i21 ,n~f( /rP..UI.,~ Mark Rothfuss, President' ATTEST: .., ;' /,'" ./ If.: I., ,-,Jl'7 {, /~' OJ <.' t It'L./ {',i/ ,,' ....-- .."", Secretary /..--./ '/--/ "" I, ",'f)') / \, ,..- - " ,,- I I [,' (. ~ t ,. 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 purposes and consideration therein expressed and in the capacity therein stated. GIVEN UND~R MY HAND AND SEAL OF OFFICE this the ll!!: day of '-Ji Lit / Ct /)-<-j , 2002. /! ~I;, ,U. /1.' l~I/Lt, rL?/l/~~ Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Mark Rothfuss, President of the Archers for Christ, 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 of\v!,iAIt/(,1 ,2oW. ,rIc SEAL OF OFFICE this the ~ day I'; ~ /\ ~H . - )}2, I~~ Notary Public, State of Texas ADDENDUM NUMBER TWO TO LEASE AGREEMENT DATED SEPTEMBER 10,2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR WHEREAS, the City of Paris, Paris, Texas, a municipal corporation and body politic in Lamar County, Texas, hereinafter referred to as LESSOR, and the Archers for Christ of Paris, Lamar County, Texas, a non-profit institution, hereinafterreferred to as LESSEE, have previously entered into that Lease Agreement dated September 10, 2001, hereinafter referred to as the "Original Lease Agreement", for the use of certain properties located at Lake Crook and owned by the City of Paris; and, WHEREAS, the properties identified for use by the Archers for Christ pursuant to the aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and, WHEREAS, the City of Paris received approval from the Texas Parks and Wildlife Commission and was awarded National Recreational Trails Grant funds to implement the Lake Crook Trails Project, said Project being to construct walking paths and other trails in the park, to include that area identified as area number One (1) in the aforesaid Original Lease Agreement; and, WHEREAS, pursuant to paragraph 17 of the aforesaid Original Lease Agreement, the City of Paris as Lessor exercised its right and privilege under said Original Lease Agreement to make a partial termination of the Original Lease Agreement for necessary municipal functions so declared by the City Council of the City of Paris, upon the giving of ninety (90) days written notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area number One (1) of the property, all as reflected in a formal addendum to the Original Lease Agreement, designated Addendum Number One and approved October 10, 2002 in Resolution NO. 2002-158; and, WHEREAS, the City Council of the City of Paris has decided to forego participation in the Lake Crook Trails Project, and area number One (1) is no longer needed by the City for said prQjecJ,al}d the Archers for Christ have indicated a desire to again have use of area number One . ~l );.-and, WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to enter into a second Addendum to the aforesaid Original Lease Agreement reflecting the addition of that property described as area number One (1) to the property leased to the Archers for Christ pursuant to the aforesaid Original Lease Agreement and modifying the notice provision of the Original Lease Agreement; NOW, THEREFORE, FOR AND IN CONSIDERATION OF the payment to the City of Paris, a municipal corporation, of the sum of Ten and NollOO Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Paris and the Archers for Christ do hereby enter into this Addendum Number Two to the above-referenced Original Lease Agreement to amend the aforesaid Original Lease Agreement as provided herein. IN CONSIDERA TION HEREOF, it is mutually agreed by and between the City of Paris as Lessor and the Archers for Christ as Lessee as follows: 1. That the Original Lease Agreement dated September 10, 2001, by and between the City of Paris as Lessor and the Archers for Christ as Lessee, which leased to the Archers for Christ certain property located at Lake Crook, and further identified therein, shall be and is hereby in all things amended to again include as property leased to the Archers for Christ that property identified as area number One (1) on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement and to this Addendum Number Two. 2. That commencing on November 4,2004, the aforesaid area number One (1) shall be and is hereby returned to the premises leased to Archers for Christ for its exclusive use hereafter, and the Archers for Christ shall have and maintain area number One (1) as part of their Original Lease Agreement with the City of Paris in accordance with and subject to the provisions of the Original Lease Agreement as modified herein. 3. That Paragraph 17 of the Original Lease Agreement shall be and is hereby amended to read as follows: "That LESSOR shall have the right and privilege at its option to terminate this Lease Agreement, in whole or in part, as to all or a portion of the leased property, for necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of thirty (30) days written notice by LESSOR, LESSEE shall vacate such portion to be so utilized, and shall be given the privilege of removing any improvement constructed on said property by LESSEE." 4. That all other terms and provisions of the Original Lease Agreement, save and except as amended by the terms and provisions of this Addendum Number Two, shall be and remain in full force and effect. EXECUTED on the dates shown in the acknowledgments below. By: ATTEST: J/Jt~JA~ Uvic~ Sherian Dixon, Assistant City Clerk ~ - ARCHERS FOR CHRIST, LESSEE By: (tW~ Mark Rothfuss, resident ATTEST: ~~~ Tom Barr, Secretary STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared CURTIS FENDLEY, Mayor 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of e ALICE M. PINAlTO NOTARY fIt8JC STATE ~ TEXAS My Commisslon ExpM 01-21-2001 {ie',. '111. ~~(JAr- Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF LAMAR ) BEFORE ME, the undersigned authority, on this day personally appeared Mark Rothfuss, President of the Archers for Christ, 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 considera!ion therein expressed and in the capacity therein stated. .Il r GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Lffl.... day of JJi)Wmh~~ ,2004. ~ '. ():. lL1r1rlrla, -ffor9C1 Notary Public, State of Texas LINDA POOLE NOTARY PUBLIC yf STATE OF TEXAS <' ~~y CommiSSion Expires 4-30-2007 c" EXERCISE OF OPTION STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS, that the Archers for Christ did heretofore, on the 1 Oth day of September, 2001, execute a Lease Agreement for that portion of Lake Crook property described on Exhibit A to said lease, attached thereto and made a part thereof, with the CITY OF PARIS, Paris, Texas, a municipal corporation. Archers for Christ does hereby exercise its option to extend the term of said lease for use of tracts One (1) and Seven (7) for additional five (5) consecutive one (1) year terms beginning October 1,2006, and ending September 30,2007, with subsequent one (1) year terms on the anniversary date thereafter, ending September 30, 2011 in accordance with the terms of said Lease Agreement dated September 10,2001. SIGNED this r,!-~ d day of May, 2006. ARCHERS FOR CHRIST, LESSEE I~{J Acceptance of the above Exercise of Option is acknowledged this 22nd day of May, 2006. CITY OF PARIS ATTEST: \ 02 (Q~ nice Ellis, City Clerk APPROVED AS TO FORM.:)) A _^ ~ ;--fJ, ~"A Jotm D. Lestock, City Attorney .,. .