21-MOTION TO APPROVE LEASE AGREEMENT BETWEEN CITY OF PARIS AND ARCHERS FOR CHRIST FOR USE AROUND LAKE CROOKCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
9-15-11
Council Date:
City Manager
Gene Anderson
21.
9-26-11
RECOMMENDED MOTION:
Motion to approve the lease agreement between the City of Paris and Archers for Christ for the use of certain
property around Lake Crook.
PoLiCY IssuE(s):
Management
The Archers for Christ have leased this property for the last ten years. They have maintained and used
the property according to the terms of the original lease. The proposed lease is for a five year term with
an option for an additional five year term. There is no dollar compensation for the lease, but the Archers
agree to perform a list of covenants identified by the letters A through R in the lease agreement. The
City may cancel the lease upon thirty days written notice.
BOARD/ COMMISSION RECOMMENDATION:
None
EXHIBITS:
Resolution; Lease Agreement
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$N A
❑ Department Report ❑ Resolution
Budgeted Amt.
$NA
❑ Presentation ❑ Ordinance
yTD Actual
$N11
❑ Public Hearing ❑ Other
Acct. Name
NA
Acct. Number
NA
FISCAL NOTES:
None
REVIEWED AND APPROVED BY:
Z Administration 0 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
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S:attorney/reswork/Archers Lease 9-26-11
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING AND APPROVING THE A LEASE AGREEMENT BETWEEN
THE CITY OF PARIS AND ARCHERS FOR CHRIST FOR THE USE OF
CERTAIN PROPERTY AROUND LAKE CROOK; 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 10th day of
September, 2001, in Resolution No. 2001-152, authorize the execution of a Lease
Agreement with Archers for Christ for property located at Lake Crook; and,
WHEREAS, the 2001 Lease Agreement with Archers for Christ, and the addendums
thereto will expire on September 30, 2011; and
WHEREAS, Whereas, the Archers for Christ organization has been a good steward of
the City property at Lake Crook during the last ten years and many residents of Paris and
Lamar County have enjoyed target shooting and bow hunting at the Lake Crook property
through their affiliation with Archers for Christ; and
WHEREAS, Archers for Christ has requested the City to renew and extend their
lease of the Lake Crook property for an additional five year term with an option for a five
year renewal
WHEREAS, the City Council deems it appropriate to enter into a Lease Agreement
with the Archers for Christ for the property adjacent to and around Lake Crook, Paris,
Lamar County, Texas. In the form attached hereto as Exhibit "A.
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 Lease Agreement between the City of Paris and Archers for
Christ, for the property around Lake Crook the form of which is attached hereto as Exhibit
"A", be, and the same is hereby, approved for a period commencing October 1, 2011 and
ending September 30, 2016.
Section 3. The City Manager is hereby authorized to execute the Agreement
and all other documents in connection therewith on behalf of the City of Paris, substantially
according to the terms and conditions set forth in the Agreement.
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Section 4. That this resolution shall be effective from and after its date of
passage.
PASSED AND ADOPTED this 26th day of September, 2011.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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LEASE AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESEIVTS:
COUNTY OF LAMAR §
This Lease Agreement is made and entered into by and between the CITY OF PARIS,
a home rule 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, a non-profit organization acting by and through its President duly
authorized, hereinafter referred to as LESSEE or Archers.
WITNESSETH:
For and in consideration of the mutual promises and covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, LESSOR, does hereby lease, rent and let unto LESSEE, that certain public
property surrounding and adjacent to Lake Crook, City of Paris, Lamar County, Texas as
more particularly depicted in the Lake Crook Hunting Map attached hereto and
incorporated herein as Exhibit "A", Specifically the property identified as Area Numbers:
One, Two, Four, Five, Six, Seven, and Eight-A (8A) on the map may be used for archery
target shooting, bow hunting and special archery related events or tournaments ("Leased
Premises")
1. TERM.
A. Initial Term. The initial term of this Lease Agreement shall be for a five year period
commencing October 1, 2011 and ending September 30, 2016; provided, however, 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 any reason upon the giving
LESSEE thirty (30) days written notice.
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B. Renewal Option. Upon the expiration of the Initial Term, unless terminated earlier as
provided above, the Lease Agreement may be renewed for an additional five-year term
upon mutual agreement of LESSOR and LESSEE ("Renewal Term")
C. COVENANTS.
A. LESSEE shall, at its sole cost and expense, maintain an archery range and
bow hunting area on the Leased Premises and LESSEE shall maintain all roadways and
parking areas to serve the same in accordance with a plan filed with and approved by the
Engineering, Planning and Development Department of the City of Paris on the property
depicted in Exhibit "A" attached hereto.
B. LESSEE shall at its sole cost and expense maintain a direct road from the
Caviness Road east and northeast to the point in tract Four (4) as shown on Exhibit "A"
attached hereto; 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 of the Caviness Road
southwesterly with the west boundary line of the Caviness Road 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 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.
C. LESSEE shall close down the north side road (Area One) during the last week of
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109
September through 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 of the north side road (near the dam), the
road will be closed to non-participants for a period of ten 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 of the LESSOR or the
LESSEE, will be allowed access to the north side Lake Road in Area One (1) and the
Peninsula Road in Area Four (4). These vehicles will be used for performing maintenance
on the part of the LESSEE and for target setup, tournament transportation, and
maintenance on the part of LESSEE. Only official LESSOR vehicles or LESSEE authorized
vehicles and their ATV's will be allowed on the paths or roads during hunting season.
D. Except as otherwise provided in paragraph 2(c) of this Agreement, the general
public shall have access to the Leased Premises when the Leased Premises 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 of the
LESSOR or the LESSEE to be damaged or destroyed.
E. LESSEE shall be solely responsible for managing and supervising the Leased
Premises and providing a safe environment for all users and/or visitors of the Leased
Premises during the term of this Lease Agreement and any renewals thereof.
F. 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
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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.
G. LESSEE shall post along all boundaries of Leased Premises appropriate
signage to inform and to warn all users, visitors and the public at large of the activities
taking place on the Leased Premises and any danger associated with these activities. The
signs shall also include contact information with name and phone number of LESSEE'S
authorized representative.
H. 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 thereof, keep and
maintain in full force and effect a policy or policies of insurance, providing at least
$500,000.00 per occurrence and $1,000,000.00 aggregate 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
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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, naming 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 1st 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 Agreement 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 of the 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 the LESSOR at the following
address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461-9037.
1. LESSEE shall conform to and observe all public health and safety rules,
regulations and laws of the State of Texas and the City of Paris and LESSEE shall provide
adequate public restroom facilities of the outdoor chemical type at all times when the
Leased Premises are in use.
1. LESSEE shall construct embankments, make excavations and seed and fertilize
the Leased Premises in accordance with Soil Conservation Service recommendations.
K. LESSEE shall retain title to all temporary structures or personal property
placed upon the Leased Premises and shall have the right to remove these temporary
structures and personal property upon expiration of this Lease Agreement(or earlier
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112
termination); provided, however, LESSEE shall remove such improvements without unduly
damaging the Leased Premises, and provided further, such improvements shall be removed
at LESSEE's expense within sixty (60) days of cancellation or termination of the Lease
Agreement; otherwise, such improvements shall at the LESSOR's discretion become the
property of the LESSOR.
L. 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.
M. LESSEE shall not sublet the Leased 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 in
duration.
N. That no new additions, repairs, improvements or changes in locations or
otherwise will be made to any existing buildings, structures, fences or other things located
on the Leased Premises without the prior written consent of the City Manager of the City of
Paris.
0. LESSEE shall manage and operate the archery range in accordance with safety
procedures recommended by the National Field Archery Association and other applicable
Federal, State and local rules and regulations, and LESSEE shall post warning signs on the
property lines, post safety signs and range rules on and along the range trail. A sign-in
board will be placed at all entrances to the Leased Premises.
P. LESSOR shall have the right and privilege of using any portion of said Leased
Premises for functions sponsored by the City of Paris, or any department thereof, which
function has been approved by the City Manager of the City of Paris, which use shall be
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conducted on a non-interfering basis with the ARCHERS FOR CHRIST program.
Q. 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, then this Lease
Agreement 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.
R. Upon expiration or earlier termination of this Lease Agreement, or any
extension thereof, all property affixed to the Leased Premises by LESSEE shall become the
property of the 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.
3. MISCELLANEOUS PROVISIONS.
A. Notice. Any written notice required or permitted under the terms of this Lease
Agreement shall be given and be deemed to have been duly served if either (1) delivered in
person, or (2) deposited certified mail, return receipt requested, postage prepaid in the
United States mail, addressed to the designated representative of the respective parties
which are designated as follows:
LESSOR:
City Manager
P.O. Box 9037
Paris, Texas 75461-9037
LESSEE:
Archers for Christ
CR 32500
Paris, Texas 75460
WITH A COPY T0:
City Attorney
City of Paris
P.O. Box 9037
Paris, TX 75461
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114
B. Governing Law & Venue. That this Lease Agreement shall be construed under,
and in accordance with, the laws of the State of Texas, and all obligations of the parties
created by this Lease Agreement are performable in Lamar County, Texas. Venue for
State court actions arising under this Agreement shall be exclusively in the courts of Lamar
County, Texas; venue for federal court actions arising under this Agreement shall be
exclusively in the Federal courts for the Eastern District of Texas.
C. Non-Waiver. No waiver of the either party's rights under this Lease shall
be deemed to have been made unless expressed in writing and signed by an authorized
representative of that Party.
D. Severability. If any provision of the Agreement is declared illegal, void, or
unenforceable, the remaining provisions will not be affected but will remain in full force
and effect.
E. Transfer. No transfer or assignment of the Agreement or any right accruing
under this Agreement will be made by either party hereunder without the written consent
of the other party, which consent may be withheld in such party's sole discretion;
F. Entire Lease Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto, and it will not be considered modified, altered,
changed, or amended in any respect unless in writing and signed by the parties hereto.
LESSOR:
CITY OF PARIS, TEXAS
Gene Anderson, Interim City Manager
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_1 115
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney LESSEE:
ARCHERS FOR CHRIST
Mark Rothfuss, President
ATTEST:
,Secretary
THE STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Gene Anderson, Interim City Manager 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 26th day of September, 2011.
Notary Public, State of Texas
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1. 116
THE STATE OF TEXAS §
§
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Mark Rothfuss, 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.
GIVEN UNDER MY HA1VD AND SEAL OF OFFICE, this 26th day of September, 2011.
Notary Public, State of Texas
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