2003-173-RES APPROVE/AUTHORIZE ADDENDUM NO ONE TO RENEW LEASE WITH MAXEY RIFLEMAN GUN CLUB
RESOLUTION NO. 2003-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING ADDENDUM NO.1
AND GRANTING THE EXERCISE OF OPTION TO RENEW THE
CURRENT LEASE AGREEMENT FOR AN ADDITIONAL FIVE (5) YEARS
WITH THE MAXEY RIFLEMAN GUN CLUB, FORMERLY KNOWN AS
THE MAXEY BLACK POWDER RIFLE CLUB OF PARIS, FOR A
PORTION OF THE 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, on the 14th day of
December, 1998, in Resolution No. 98-168, authorize the execution of a Lease Agreement with
the Maxey Black Powder Rifle Club of Paris for a portion of the property located at Lake Crook;
and,
WHEREAS, the Maxey Black Powder Rifle Club of Paris, now known as the Maxey
Rifleman Gun Club, did heretofore on the 14th day of December, 1998, execute a Lease
Agreement with the City of Paris for that portion of Lake Crook property described as Exhibit A
to said Lease, the Original Lease Agreement being attached hereto and made a part hereof; and,
WHEREAS, the aforesaid Original Lease Agreement dated December 14, 1998, contained
insurance requirements therein which are less than the potential liability limits set by state law for
the City of Paris as a municipal corporation, and the parties desire to revise said limits of
insurance coverage to be maintained by the Maxey Rifleman Gun Club consistent with the current
requirements of state law; and,
WHEREAS, the parties to the Original Lease Agreement desire to recognize the current
name of the Maxey Black Powder Rifle Club as the Maxey Rifleman Gun Club; and,
WHEREAS, the aforesaid Original Lease Agreement provided the Maxey Rifleman Gun
Club, as Lessee, an option to extend the term of the original agreement by five (5) years, and the
aforesaid Maxey Rifleman Gun Club desires to exercise said option and the City of Paris, as
Lessor, desires to acknowledge and accept said exercise of option; 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 Addendum No.1 to the Original Lease Agreement between the Maxey
Riffleman Gun Club, formerly known as the Maxey Black Powder Rifle Club of Paris, and the
City of Paris, and an accompanying Exercise of Option, attached hereto as Exhibit A, be, and the
same are hereby, approved for a period of five (5) years, beginning January 1, 2004, and ending
December 31, 2008, on such revised terms as are stated therein.
Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, and
the City Clerk to attest, on behalf of the City of Paris, said Addendum No.1 and Exercise of
Option, 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 8th day of December, 2003.
0^~_(,
Curtis Fendl
()
_..C~/ ..T:":..~
ayor
ATTEST:
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
AMENDMENT NO. 1 TO
LEASE AGREEMENT DATED DECEMBER 14. 1998
BETWEEN THE MAXEY RIFLEMEN GUN CLUB.
PREVIOUSLY MAXEY BLACK POWDER RIFLE CLUB.
AND THE CITY OF PARIS. PARIS. TEXAS. AND
EXERCISE OF OPTION
STATE OF TEXAS ~
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR ~
WHEREAS, the Maxey Black Powder Rifle Club of Paris, now known as the Maxey
Rifleman Gun Club, did heretofore on the 14th day of December, 1998, execute a Lease
Agreement with the City of Paris, Paris, Texas, a municipal corporation, for that portion of Lake
Crook property described as Exhibit A to said Lease, the Original Lease Agreement being attached
hereto as Exhibit A and made a part hereof; and,
WHEREAS, the aforesaid Original Lease Agreement dated December 14, 1998, contained
insurance requirements therein which are less than the potential liability limits set by state law for
the City of Paris as a municipal corporation, and the parties desire to revise said limits of
insurance coverage to be maintained by the Maxey Rifleman Gun Club consistent with the current
requirements of state law; and,
WHEREAS, the parties to the Original Lease Agreement desire to recognize the current
name of the Maxey Black Powder Rifle Club as the Maxey Rifleman Gun Club; and,
WHEREAS, the aforesaid Original Lease Agreement provided to the Maxey Rifleman Gun
Club, as Lessee, an option to extend the term of the Original Lease Agreement by five (5) years,
and the aforesaid Maxey Rifleman Gun Club desires to exercise said option and the City of Paris,
as Lessor, desires to acknowledge and accept said exercise of option;
WHEREFORE, premises considered, KNOW ALL MEN BY THESE PRESENTS that
this Addendum No. 1 to Lease Agreement and Exercise of Option is made this 8th day of
December, 2003, by and between the Maxey Rifleman Gun Club, heretofore referred to in the
Original Lease Agreement as the Maxey Black Powder Rifle Club, by and through its president,
duly authorized, hereinafter called Lessee, and the City of Paris, Paris, Texas, acting by and
through its Mayor, likewise duly authorized, hereinafter called Lessor,
WITNESSETH: It is mutually agreed by Lessor and Lessee that the following revisions
to the above-referenced Lease Agreement shall be and are hereinafter made:
EXHIBIT A
1. That all references to Lessee contained in the Original Lease Agreement, previously
referring to the Maxey Black Powder Rifle Club, shall hereafter refer to the Maxey
Rifleman Gun Club.
2. That paragraph 4 of the Original Lease Agreement, the same referring to Indemnification
and Insurance Requirements, shall be and is hereafter amended to read as follows:
"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, 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 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. O. Box 9037, Paris, Texas 75461-9037."
3. The Maxey Rifleman Gun Club does hereby exercise its option for the five (5) year period
afforded Lessee pursuant to paragraph 15 of the Original Lease Agreement, the aforesaid
option period beginning January 1, 2004, and ending December 31, 2008, under the terms
and conditions of the aforesaid Original Lease Agreement attached hereto as Exhibit A,
and by virtue of approval of this Addendum No.1 and Exercise of Option, the City of
Paris as Lessor does hereby accept the Exercise of Option on behalf of the Maxey
Rifleman Gun Club as stated herein and in paragraph 15 of the Original Lease Agreement.
4. All of the terms and provisions of the Original Lease Agreement not inconsistent with the
terms and provisions of this Addendum No. 1 and Exercise of Option shall remain in full
force and effect.
EXECUTED this 8th day of December, 2003.
CITY OF PARIS, LESSOR
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
MAXEY RIFLEMAN GUN CLUB, LESSEE
Reagan Skaggs, President
ATTEST:
Bob Schwandt, Secretary/Treasurer
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, PARtS, 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:
For and in consideration of the payment to the City of Paris, a municipal corporation, of the
sum of One and no/1 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 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 3 I 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 s~ as to not permit
firing across any public road or any other areas of public use.
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EXHIBIT .fL
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 hannless 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 C1~rk 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 forc~ and effect at all
times during this Lease and any extension hereof
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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 ofthe 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.0
-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
LESSO R, 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 perfonn 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 1 st 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 oqhe primary term
hereof
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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.
By:
Michael E. Malone, City Manager
ATTEST:
APPROVED AS TO FORM:
MAXEY BLACK POWDER RIFLE CLUB,
LESSEE
By ~~ G- cJ{!L
Durlan Utley, Presiden
ATTEST:
~!.~
THE STATE OF TEXAS ~
COUNTY OF LAMAR ~
BEFORE ME, the undersigned authority, on this day personally appe,ared 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
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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.
"."'~~"~ ALICE M. PINALTO
. ~~.....r.?f~
: i'~~~~ Nlllary Public, Sta.te of Texas
t~j~iJf; ~~V Mv Commission Expires 01-29-00
W1tII ,II'
~":'::J,;.t.~.~'.'.~;:i-."';"~..f.'."!- .
~ 111<l2Jft
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.
ti. -..JQUA.~
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~day ofDeeeI1IL'ef, 199~
"\"~~W///,,, ALICE M PINALTO
S:~'\~... .!,?t':~ .
(>'~fti Notary Public, State of Texas
~*tM,~~~;"'~ My Commission Expires 01-29-00
~. 'j1/) 1?~J;tu
Notary Public, State of Texas
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