2002-096-RES APPROVE/AUTHORIZE SURF USE AGREEMENT BY AND AMONG TEXAS MILITARY FACILITIES COMMISSION ET AL REGARDING USE OF CAMP MAXEY
RESOLUTION NO. 2002-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A SURFACE USE
AGREEMENT BY AND AMONG THE TEXAS MILITARY FACILITIES
COMMISSION, THE SPORTS CAR CLUB OF AMERICA, LAMAR
COUNTY, THE LAMAR COUNTY CHAMBER OF COMMERCE, AND
THE CITY OF PARIS REGARDING THE USE OF CAMP MAXEY FOR A
ROAD RALLY CONDUCTED BY THE SPORTS CAR CLUB OF AMERICA;
CONDITIONING SAID APPROVAL ON THE CITY BEING NAME A CO-
INSURED ON THE SPORTS CAR CLUB INSURANCE POLICY;
RESERVING THE CITY'S RIGHTS AND DEFENSES UNDER THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS; MAKING
OTHER FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Lamar County Chamber of Commerce has approached the City of Paris
to be a contractual participant as an assurer in a Surface Use Agreement by and among the Texas
Military Facilities Commission, the Sports Car Club of America, Lamar County, and the Lamar
County Chamber of Commerce with regard to road rallies to be conducted by the Sports Car Club
of America at Camp Maxey; 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 City of Pads does hereby approve and authorize the Mayor to execute
and the City Clerk to attest to an Agreement by and among the Texas Military Facilities
Commission, the Sports Car Club of .America, the City of Paris, Lamar County, and the Lamar
County Chamber of Commerce, a copy of which is attached hereto as Exhibit A and for all
purposes incorporated herein, whereby the City of Paris, to the extent permissible under the laws
and Constitution of the State of Texas, will serve as an assurer to certain obligations ofthe Sports
Car Club of America under said agreement, the purpose of which is to allow the Sports Car Club
of America to condu'.;t sports car rallies on federal property located at Camp Maxey.
Section 3. That the approval of said agreement shall be and is hereby expressly
conditioned upon the City of Paris being named as an additional insured or co-insured for all
purposes on that general liability policy in the amount of $5,000,000 to be issued to the Sports Car
Club of America as a requirement of Article II B of the above referenced agreement; otherwise,
the authorization for the City to enter into said contract as contained herein shall be null and void.
Section 4. That by entering into said contract, the City of Paris does hereby in all things
reserve and maintain any and all exemptions, exceptions, or defenses under the Constitution and
Laws of the State of Texas, including but not limited to any and all such defenses as the same may
arise under Article III, Section 52 or other provisions of the State Constitution, as said
exemptions, exceptions or defenses shall apply to the obligations of the City of Paris as an assurer
under this agreement.
Section 5. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED this 13th day of May, 2002.
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ATTEST:
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Mattie Cunningham, City Clerk .....
APPROVED AS TO FORM:
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STATE 01: TEXAS
SURFACE USE AGREEMENT
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l<NOW ALL MEN BY THESE PRESENTS:
COUNTY OF TRA VIS ~
THIS AGREEMENT is made nnd ~ntered into effective January I, 2002 among the TEXAS
MILITARY FACILITIES COMMISSION,. (COMMISSION), the SPORTS CARCLVB OF AMERiCA,
(SCCA), TIlE CITY OF PARIS. LAMAR COUNTY, <loll the LAMAR COUNTY CHAMBER OF
COMMERCE (the latter 3 entities- jointly referred 10 as ASSVRERS).
1. SUBJECT OF AGREEMENT AND PROPERTY .OESCRl'PTION
COMMISSION gl'llnts to SCCA the right to use the rOlldways and so much of the additional
proper:ty located in Lamar Counry Texns, commonly referred to as Camp Maxey (the Premises) as required
for the sole purpose described in Section IV. h~-reof. A nup generally describing Cllmp Maxey is attached
as Exhibit A and incorporated herein by this reference for llU purposes.
D. TERM AND CONSIDERATION
The Agreement is for a period of 1 ye3r. beginning January 1,2002 alld ending December 31,
2002, regardleg~ of the dl1te signed. 'The total coxuideration for this Agreement is:
A. Payment to the Commission of the sum ofTEN DOLLARS ($10 and 00/100) per entry per ra1Jy.
B. The furnishing by SCCA. of cl gcnernllillbility insurance policy in the amount ofFivt: Million Dollars
($5,000,000 and 00/100) naming the COMMISS10N llnd th~ Adjutant General's Department of the Stale of
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Texas (AGO) a$ ilddirional insureds.
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C. The commi~ent by SCCA to testore all r~;ds and Ilny other disturbed property to their pr.e-tally
condition lU determined by pre- and pt>sl-rally inspections of [h~ Premises COMMISSION and AGO
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personnel.
D, The assurance uf the ASSURERS that, upon SCCA's failure to hOllor its commitment ill C. above.
each ASSURER will devote the necessary persoMel and eq,uipmcnt tCll;omplete the Subsection C.
obliglltions.
E. The deposit wi.th the ConutUSSiOll of ill Security Deposit in the amount of FIVE THOUSAND
DOLLARS ($5,000 AND 00/100) to protect the COMMISSION in the event th.lt the SCCA and
EXHIBIT A
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ASSURERS fail to fulfill thei.r commitment and :l.Ssurance in. Subsections C. llnd D., respectively.
F. The agreement by SCCA lln.d ASSU.RERS to reimburse the COMMISSmN and the AGO fOJ tbe
actulll ~xpenses incurred by each ~gency for th~ U~e of their pc:rsoTU\el for pre- and post.ra.lly inspections of
the: Premises.
ID. METHOD, TIME, AND PLACE OF PAYMENT
A. Payment ofsurt1.:I due under Section II. Subsection A. shall be made to the COMMISSION by
Cashier's Check, Cenific:d Check, or Money Order within 10 days following each rally.
B. The deposit required by Section 11. Subsection E. shall be made to the COMMISSION by Cllshier',
Check, Cenified Chec.k, or Money Order :md delivered no later than 10 days before ellch raUy.
C. Payment of sums due to COMMISSION under Section ll. Subsectioo F. shall be made to the
COMMISSION by CIl~hier's Check, Cenified Check, or Money Ordcr within 3U days following receipt of
COl'v!MlSSION'S invoice.
D. Payment of:;ums due to AGO under Section II. Subsection F. shall be made to the AGO by
Cashier's Check, Cenitic:d Check, or Money Order within 30 days following receipt of the AGO'S invoice.
E. All remittances due to the COMMISSION shall be m:liled to Executive Director; Texas Milit.lI)'
Facilities Commission; 2200 W. 35d, St., Bldg. 64; Austin, TX 78703-1222.
F. All reminanec:; due to the AGO shall be mailed to the Adjutant Gt:ncral O!It:lUIS, P.O. Box 5218,
Austin, TX 787~-5218.
IV. PURPOSE AND LIMITATIONS
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A. SCCA may lIse the premises sQlely for the conduct of no more than 3 SCCA S&lnctioned 3utomobile
rallies wherein the drivers race against the clock and not aga.inst each other. As a major Ulducement for the
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COMMISSION to enter into this Agreement, SCCA and ASStJR.ERS represent tlut at no time will drivers
race side-by-side.
13. i. The total nwnbcr of. days for the three authorized rallies may not exceed COlu1een (14),
ii. No raUy will be scheduled or conducted without first obtaining the writtcn pennis:;ioD of the
Commllndcr 3t Camp Maxey. Under no circumstance may the conduct OfB rally Interfere with the mission
of the AGD.
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iii. The levee of the lake is off limits {or the course of any rally.
v. BREACH
The (ililure; of SCCA. or ASSURERS to payor pr.ovide any part of the consideration for this
Agrcement described in Section II. when due consticutes a breach of tlUs Agreement. The violation by
SCCA of ilny limitation in Section IV. constitutes a breach of this A.greemcnt. COMMISSION may
declare this A&reemcnt void in the event of its breach by SCCA or ASSURERS, and COMMISSION may
seek all remedies and dlim:1ges authorized by law, including reasonable ex.penses and attorneys' fees.
VI. LIABll.ITY, INDEMNITY, AND HOLD HARMLESS AGREEMENT
A. COMM:ISSION shal\.not be: liable for ilay loss, damage, or injury of any kind or character to any
person or property 3rising from any use of the lea:led premises, or any part thereof, or caused by or ari.si.ng
from any act or omission of SCCA, or any of SCCA . S agents, employees, licensees, or invitees, or by or
from any ilccident on the land or any fife or other casualty thereon. occasioned by the failure of SCCA to
m:1intain the premises io a safe conditions, or arising from any cause whlluoever.
B. SCCA ilgrees to indemnify and hold hannle:u tbe COMMISSION and the AGD from the claims of
any ptrson or entity arising out of the conduct of i1ny SCCA sanctioned rlllly cooducted on Ule Premises,
whether or not authorized by the tcnns hereof.
C. ASSURERS agree to indemnify :lnd .bold Iurmless the COMMISSION and the AGD from the
clai.ms of IIny person or enti}y arising out of the conduct :my SCCA sanctioned r:llly conducted on the:
Premises, whether or not authorized by the terms hereof, to the extent allowed by the Constitution and laws
of the State ofTexa{)
VII. CANCELLA nON
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The COMMISSION and SCCA milY tenninate this Agreement upon the giving of 30 days' pdor
written notice.
A failure by COMMISSION to cancel this Agreementllpon SCCA's breach 0(3 tenn hereof shall
not be construed 3S 11 waiver ofCOMMISSrON'S lights to cancel and teo:nil14te Slid Agreement for any
!jubsequcnt violation of any of the material cotlditiolU hereof.
U.pon terminatirm of this Agreement for lmy cause whatSoever, SCCA covenants and agrees to
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peaceably surrender the leased ptemises to COMMISSION in as good a condition as the property was in
upon. SCCA 'S laking possession al the beginning ()f the: lease period.
VTII. VENUE
Venue wil.l be in llny court of Travis County having jutisdicCion of the subject. matter, if suit is 10
bc brought for the purposcs of tnfotcing any of the provisions of this Agreement. This consent to venue b
not a waiver by COMMISSION of any imm.unily to which it is cntitled according to Texas law
EXECUTED IN DUPI:.ICA TE ORIGINALS On the dates indiclllcd below, effective.. however,
January I, 2002.
LESSOR:
Texas Military Facilitics Conunission
2200 W. 35'" Sl.; Bldg. 64
Austin, TX. 78703. t 222
LESSEE:
Sports Car Club of America
By:
lohn A. Wells, Executive Director
By:
(Name and Tille
Date:
Date:
THE CITY OF PAlUS
By:
By:
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Mayor or City Manager
Date:
tAMAR COUNTY CHAMBER OF COMMERCE
By:
Date:
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