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15 Real Estate LeaseCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/17/08 Council Date: Legal Kent McIlyar 15. 11 /24/08 RECOMMENDED MOTION: Move to approve a resolution approving and authorizing the execution of a new lease agreement with the Maxey Rifleman Gun Club for a portion of the property located at Lake Crook; and authorizing the City Manager to execute all necessary documents on behalf of the City of Paris. POLICY ISSUE(S): Real Estate Lease. BACKGROUND: The Maxey Rifleman Gun Club (formerly known as the Maxey Black Powder Rifle Club of Paris has had leases with the City of Paris since 1984 for a 34.83 acre tract of land located on Lake Crook property running along the east side of Caviness Road north of FM 79. They use the property for a black powder pistol and rifle range. The current Lease and five year option will expire December 31, 2008. The Maxey Rifleman Gun Club has requested a new lease with the City of Paris beginning January 1, 2009. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Resolution and Lease Agreement ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ~ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~ 00011 ~ DRAFT Attorney\reswork\current\Maxey Rifle Club Lease Res 2008 RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING AND AUTHORIZIIVG THE EXECUTION OF A 1VEW LEASE AGREEMENT WITH THE MAXEY RIFLEMAN GUN CLUB, FORMERLY KNOWN AS THE MAXEY BLACK POWDER RIFLE CLUB OF PARIS, FOR A 34.83 ACRE TRACT OF LAND NEAR LAKE CROOK; MAKING OTHER FINDINGS A1VD PROVISIONS RELATED TO THE SUBJECT; A1VD PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 14th day of December, 1998, in Resolution No. 98-168, authorize the execution of a five year Lease Agreement, with a five year renewal option, with the Maxey Black Powder Rifle Club of Paris for a 34.83 acre tract of land located at Lake Crook running parallel to the East side of Caviness Road and north of FM 79; and, WHEREAS, on the 8th day of December, 2003 the City Council approved a request from the Maxey Rifleman Gun Club, to exercise its option to renew the Lease Agreement with the City of Paris for that portion of Lake Crook property described as Exhibit A to said Lease, for an additional five years; and, WHEREAS, said option will expire on the 31St day of December 2008 and the Maxey Riflemen Gun 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 to renew; and, WHEREAS, the Lease Agreement with Maxey Riflemen Gun Club in the form attached hereto as Exhibit A, should in all things be approved and the City Manager should be authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 Maxey Riffleman Gun Club for a 34.83 acre tract of land near Lake Crook, attached hereto as Exhibit A, be, and the same is hereby, approved for a period of five (5) years, beginning January 1, 2009, and ending December 31, 2013. Section 3. That the City Manager be, and he is hereby, authorized and directed to execute, and the City Clerk to attest, on behalf of the City of Paris, the Lease Agreement with 0 0(lG+l1S Maxey Riflemen Gun Club, 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 its date of passage. PASSED AND APPROVED this 24th day of November, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney . U()U1~.~ LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § THIS LEASE AGREEMEIVT is made this 24th day of November, 2008, by and between the CITY OF PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, Kevin Carruth, duly authorized, hereinafter referred to as LESSOR, and the MAXEY RIFLEMEN GUN CLUB (formerly known as Maxey Black Powder Rifle Club of Paris), Lamar County, Texas, acting by and through its President, Scott 0'Brien, 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 Maxey Riflemen Gun Club the property described on Exhibit A, attached hereto and made a part hereof for all legal purposes ("Premises"). The term of this Lease is for five (5) years, beginning on the 1st day of January, 2009, and ending on the 31st day of December, 2013. 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. 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 LESSOR, its elected officials, officers and employees harmless from and against any and all demands, debts, -i- EXHIBITA . UOU12b 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, licenses, or visitors due to the buildings or other structures thereon being improperly constructed or being or becoming out of repair, or due to any and all other actions arising out of this Agreement, whether directly or indirectly, or as otherwise authorized by or occurring as a result of the activities of LESSEE, its members, invitees, agents, servants, or employees, and LESSEE does hereby waive any and all defects on any portion of the premises leased herein, and agrees to hold and save LESSOR harmless from any and all claims for any damages or injuries arising out of or as a result of this Agreement, and LESSEE shall and must at all times during the term of this Lease, 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 the LESSOR, its officers, agents, and employees, 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 or other activities, whether intentional or unintentional of LESSEE, its members, invitees, agents, servants, or employees, and LESSEE 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 the terms of this lease and any extension thereof, and specifically noting thereon the LESSOR is and shall be named an additional insured under said policy or policies. All such policies shall be written to require that the LESSOR shall be notified of cancellation or of any restrictive amendment or revision of the policies -2- M liUU12-i at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice of such amendment shall be by Certified Mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. 0. 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 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 compliance with all applicable Federal, State and local laws and 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. 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, -3- ~ 0 0 cl I~G~ 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 Riflemen Gun Club program. 13. That LESSOR may terminate this lease 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. 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 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 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, 2014, and ending on the 31st day of December, 2018, 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. 16. Upon the expiration of this lease, or upon earlier termination of the lease as provided herein, LESSEE shall remove all personal property or equipment not permanently attached to the Premises and shall remove or remediate all lead or other environmental contaminates from the Premises to the satisfaction of LESSOR. 17. All notices provided for herein must be made by registered or certified mail, return receipt requested. -4- a 18. That it is the intention of the City of Paris that this Lease, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this Lease shall not affect the validity of any other portion of this Lease. 19. This Lease is governed by the laws of the State of Texas. This Lease shall be performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in Lamar County, Texas. EXECUTED ON the dates shown in acknowledgments below. CITY OF PARIS, LESSOR: By: ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney By: ATTEST: Reagan Skaggs, Secretary -5- Kevin Carruth, City Manager MAXEY RIFLEMEN GUN CLUB, LESSEE Scott 0'Brien, President . UOtj124 THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Kevin Carruth, Ciry 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. GIVEIV UIVDER MY HAND AND SEAL OF OFFICE, this 24th day of November, 2008. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Scott 0'Brien, President, Maxey Riflemen Gun 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. 2008. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of Notary Public, State of Texas -6- ~ ~e~l~C~