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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 ~ ~ Draft 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. 106 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 - 107 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. -1- 1l~1i ~ _ 108 EXH►sIT - 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 -2- 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 -3- - - 110 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 -4- _ . ill 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 -5- 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 -6- 113 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 -7- 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 -8- _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 -9- 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 -10- - 1 117 ~ ~ ~ ~ a ~ N ~ ~ 0 o ~ cn ~ a cD ~ a Q° ~ cn 00 ~ EXHISiT .A- . . ~ ~ ~ b O ~o 3 ~ ~ d 0-4 ~o d ~ ~ ~ ~ ~ ~ ~ I tt 91° ~ O d ~ ~ ~ id ~ ~ N d ~ Cl) ~ ~ ~ ~ ~ d ~ U~ ~ id ~ ~ -P Ut ~ ~ Oo ~ o~.~+ ~ ~ ~ p, M. ~ ~ ~ r• (D '(4 ~ ~ r ~ ~ o ~ ~ r • ~V F''tS O C+ ° ~ ~x .~oo ~ o~ ~ ~ ~ ~p 00 C!1 ~ ~ W N N N 00 O O~ . n n n n n ~ (D (D (D rn rn m cn co ~ ~ ~ p ~ ° 0 ~ ~ ~ ~ - 119