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2010-113 RES EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS R/C ASSOCIATIONRESOLUTION NO. 2010-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZIIVG THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND PARIS R/C ASSOCIATION TO LEASE 3.673 ACRES OF LAND NEAR LAKE GIBBONS FOR THE PURPOSE OF MODEL AERONAUTICS ACTIVITIES; MAKIIVG 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 October 10, 2005, in Resolution No. 2005-128, authorize the execution of a lease agreement with the Paris Radio Control Association to lease 3.673 acres of land near Lake Gibbons for the purpose of model aeronautics activities for a term of five (5) years beginning October 1, 2005, and ending November 30, 2010; and, WHEREAS, the City Council of the City of Paris has received a request from the Paris R/C Association to renew said lease; and, WHEREAS, the City Council is desirous of renewing said lease for a term of five (5) years, beginning December 1, 2010, and ending IVovember 30, 2015; and, WHEREAS, the form of the Lease Agreement, 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 COUIVCIL 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 form of the Lease Agreement with the Paris R/C Association for 3.673 acres of land near Lake Gibbons be, and the same is hereby, approved. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Lease Agreement with the Paris R/C Association, upon 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 November, 2010. 41ffiard,. ayor ATTEST: J ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent M y, City Attorney LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THIS LEASE AGREEMENT between the CITY OF PARIS, TEXAS, a municipal corporation, acting by and through its Mayor, Will Biard, duly authorized, hereinafter called LESSOR, and PARIS R/C ASSOCIATION, Paris, Texas, acting by and through its President, Robert Brooks, duly authorized, hereinafter called LESSEE, is made this day of November, 2010. WITNESSETH For and in consideration of the payrnent 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 PARIS R/C ASSOCIATION 3.673 acres of Lake Gibbons property more particularly described on Exhibit A, attached hereto. IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. The term of this lease is for five (5) years, beginning on the 1 st day of December, 2010, and ending on the 30th day of November, 2015, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for model aviation purposes only. 2. That LESSEE shall be responsible for all maintenance, mowing and landscaping on the Premises and shall keep and maintain the leased premises at all times in a clean, neat, safe, sanitary, orderly, and aesthetically pleasing condition at all times, in exchange for access to and use of the leased premises. Page 1 of 8 EXHIBIT A 3. That LESSEE will, at its sole cost and expense, construct and maintain all necessary appurtenances for model aeronautics and any and all roadways and parking areas to serve the same. 4. That LESSEE will police and supervise the safe use of the property described on Exhibit A. 5. 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 premises resulting from LESSEE'S, its invitees', agents', servants', or employees' use, and LESSOR shall not be liable to LESSEE, 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 hereof, 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 of the 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 camers shall deliver a copy of any such policies to the City Clerk of the City of Paris, Page 2 of 8 150 1 st Street S.E. Street, 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 hereof, 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 of the policies at least thirty (30) days priar to the effective date of such cancellation or amendment. Notice 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. 6. Any and all structures, or parts thereof, placed upon the leased premises shall be considered as and shall remain the personal property of the LESSEE, and LESSEE shall have the right to remove, and the obligation to remove, if so requested by LESSOR, the same within a reasonable time upon termination of this Lease or any renewal hereof. 7. That LESSEE will conduct the leased premises in accordance with safety procedures recommended by the Academy of Model Aeronautics and will post warning and safety signs and rules on the property lines. 8. That LESSEE will conduct the PARIS R/C ASSOCIATION in accordance with the PARIS R/C ASSOCIATION Bylaws dated December 3, 2009 attached hereto as Exhibit B as amended. 9. That LESSEE shall not commit, or suffer to be committed, any waste on the leased premises, nor shall LESSEE maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises or use the leased premises for any unlawful purpose. LESSEE shall not do or permit anything to be done in or about the leased premises which shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and use of the leased premises which is or may hereafter be enacted or promulgated by any public authority; or suffer to Page 3 of 8 be committed any waste on the leased premises; or allow the premises to be used for any improper, immoral, or unlawful purpose. 10. That LESSEE will take good care of the leased premises and be responsible and make good to LESSOR all injuries and damages to the same caused by LESSEE or those under it and will deliver same to LESSOR at the expiration or termination of this lease in as good condition as when completed, usual wear and tear alone excepted; and LESSEE will, upon the expiration of this lease, peaceably yield up the premises to LESSOR. LESSEE shall not install, erect, or provide any device, in addition to such devises and equipment presently located at and in use and in connection with the operation of the leased premises, without first securing the written permission for such installation or provision from the City Manager of the City of Paris. 11. That it shall be lawful for LESSOR to enter upon and into the leased premises and every part thereof at all times for the purpose of inspecting and examining the condition thereof. 12. That LESSEE shall not sublet, sublease or assign 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 week. 13. 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 PARIS R/C ASSOCIATION program. 14. 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 Page 4 of 8 so utilized and shall be given the privilege of removing any improvement constructed on said property by LESSEE. 15. Should LESSEE default in or fail ar 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 may be 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. 16. That all notices provided for herein must be made by registered or certified mail, return receipt requested, addressed as follows: If to LESSOR: City Clerk City of Paris P. O. Box 9037 Paris, TX 75461-9037 If to LESSEE: Secretary/Treasurer Paris R/C Association 830 19`h Street Paris, TX 75460 That the parties have the right to change their addresses by giving at least fifteen (15) days written notice to the other party of the new address. EXECUTED on the dates shown in acknowledgments below. By: ATTEST: CITY OF PARIS, PARIS, TEXAS Will Biard, Mayor Page 5 of 8 Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney PARIS R/C ASSOCIATION By: ATTEST: Secretary-Treasurer STATE OF TEXAS § § COUNTY OF LAMAR § Robert Brooks, President BEFORE ME, the undersigned authority, on this day personally appeared WILL BIARD, 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 day of November, 2010. Notary Public, State of Texas Page 6 of 8 STATE OF TEXAS § § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared ROBERT BROOKS, President of Paris R/C Association, 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 November, 2010. Notary Public, State of Texas Page 7 of 8 EXHIBIT A FIELD NOTES (FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GIBBONS) SITUATED about 6%2 miles West Northwest of the City of Paris, County of Lamar and State of Texas, a part of the N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part of two tracts of land conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as described in deed recorded December 23, 1898, in Volume 88, Page 229, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner, said point being in the West Boundary Line of the first tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South a distance of 936 feet from the Northwest Corner of the N. Matheison Survey, same being the Northwest Corner of said first tract; THENCE, continuing South with the WBL Matheison Survey, at a distance of 189 feet passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace Survey, a total distance of 400 feet, a point; THENCE East 400 feet, a point; THENCE North, at 211 feet crossing into the N. Matheison Survey, a distance of 400 feet, a point; THENCE West a distance of 400 feet to the point of beginning and containing 3.673 acres, more or less, 1.736 acres, more or less, from the Matheison Survey and 1.937 acres, more ar less, from the A. S. Wallace Survey. Page 8 of 8