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12-B Archers Lease Addendum DRAFT F:ALICE\RESWORK\CURRENT\ 2004 Archers Addendum No. 2 Res October 14, 2004 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING ADDENDUM NO. TWO TO LEASE AGREEMENT DATED SEPTEMBER 10, 2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST FOR THE LEASE OF THAT TRACT OR PARCEL OF LAND DESIGNATED AS AREA NO. ONE LOCATED AT 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 7th day of September, 2000, in Resolution No. 2000-127, approve the execution of a Lease Agreement with Archers for Christ (the “Original lease Agreement”) for property owned by the City of Paris and located at Lake Crook; and, WHEREAS, the properties identified for use by the Archers for Christ pursuant to the aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and, WHEREAS, the City of Paris received approval from the Texas Parks and Wildlife Commission and was awarded National Recreational Trails Grant funds to implement the Lake Crook Trails Project, said Project being to construct walking paths and other trails in the park, to include that area identified as area number One (1) in the aforesaid Original Lease Agreement; and, WHEREAS, pursuant to paragraph 17 of the aforesaid Original Lease Agreement, the City of Paris as Lessor exercised its right and privilege under said Original Lease Agreement to make a partial termination of the Original Lease Agreement for necessary municipal functions so declared by the City Council of the City of Paris, upon the giving of ninety (90) days written notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area number One (1) of the property all as reflected in a formal addendum to the Original Lease Agreement, designated Addendum Number One and approved October 10, 2002 in Resolution NO. 2002-158; and, WHEREAS, the City Council of the City of Paris has decided to forego participation in the Lake Crook Trails Project, and area number One (1) is no longer needed by the City for said project, and the Archers for Christ have indicated a desire to again have use of area number One (1); and, WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to enter into a second Addendum to the aforesaid Original Lease Agreement reflecting the addition of that property described as area number One (1) to the property leased to the Archers for Christ pursuant to the aforesaid Original Lease Agreement and modifying the notice provision of the Original Lease Agreement; and, WHEREAS, the form of Addendum No. Two to the Original Lease Agreement, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris should NOW, THEREFORE, be authorized to execute the same; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the form of Addendum No. Two to Original Lease Agreement dated September 10, 2001, with Archers for Christ, attached hereto as Exhibit A, 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, Addendum No. Two to the Original Lease Agreement, 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 the date of passage. PASSED AND APPROVED this 8th day of November, 2004. ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney ADDENDUM NUMBER TWO TO LEASE AGREEMENT DATED SEPTEMBER 10, 2001 BETWEEN THE CITY OF PARIS, PARIS, TEXAS AND ARCHERS FOR CHRIST STATE OF TEXAS) )KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR) WHEREAS, the City of Paris, Paris, Texas, a municipal corporation and body politic in Lamar County, Texas, hereinafter referred to as LESSOR, and the Archers for Christ of Paris, Lamar County, Texas, a non-profit institution, hereinafter referred to as LESSEE, have previously entered into that Lease Agreement dated September 10, 2001, hereinafter referred to as the “Original Lease Agreement”, for the use of certain properties located at Lake Crook and owned by the City of Paris; and, WHEREAS, the properties identified for use by the Archers for Christ pursuant to the aforesaid Original Lease Agreement are identified in said Original Lease Agreement as areas numbers One (1), Two (2), Four (4), Five (5), Six (6), and Seven (7) as shown on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement; and, WHEREAS, the City of Paris received approval from the Texas Parks and Wildlife Commission and was awarded National Recreational Trails Grant funds to implement the Lake Crook Trails Project, said Project being to construct walking paths and other trails in the park, to include that area identified as area number One (1) in the aforesaid Original Lease Agreement; and, WHEREAS, pursuant to paragraph 17 of the aforesaid Original Lease Agreement, the City of Paris as Lessor exercised its right and privilege under said Original Lease Agreement to make a partial termination of the Original Lease Agreement for necessary municipal functions so declared by the City Council of the City of Paris, upon the giving of ninety (90) days written notice thereof to the Archers for Christ as Lessee, thereby obligating Lessee to vacate said area number One (1) of the property, all as reflected in a formal addendum to the Original Lease Agreement, designated Addendum Number One and approved October 10, 2002 in Resolution NO. 2002-158; and, WHEREAS, the City Council of the City of Paris has decided to forego participation in the Lake Crook Trails Project, and area number One (1) is no longer needed by the City for said project, and the Archers for Christ have indicated a desire to again have use of area number One (1); and, WHEREAS, the City of Paris as Lessor and the Archers for Christ as Lessee desire to enter into a second Addendum to the aforesaid Original Lease Agreement reflecting the addition of that property described as area number One (1) to the property leased to the Archers for Christ pursuant to the aforesaid Original Lease Agreement and modifying the notice provision of the Original Lease NOW, THEREFORE, Agreement; FOR AND IN CONSIDERATION OF the payment to the City of Paris, a municipal corporation, of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Paris and the Archers for Christ do hereby enter into this Addendum Number Two to the above-referenced Original Lease Agreement to amend the aforesaid Original Lease Agreement as provided herein. IN CONSIDERATION HEREOF, it is mutually agreed by and between the City of Paris as Lessor and the Archers for Christ as Lessee as follows: 1. That the Original Lease Agreement dated September 10, 2001, by and between the City of Paris as Lessor and the Archers for Christ as Lessee, which leased to the Archers for Christ certain property located at Lake Crook, and further identified therein, shall be and is hereby in all things amended to again include as property leased to the Archers for Christ that property identified as area number One (1) on the Lake Crook Hunting District Map attached as Exhibit A to the aforesaid Original Lease Agreement and to this Addendum Number Two. 2. That commencing on November 4, 2004, the aforesaid area number One (1) shall be and is hereby returned to the premises leased to Archers for Christ for its exclusive use hereafter, and the Archers for Christ shall have and maintain area number One (1) as part of their Original Lease Agreement with the City of Paris in accordance with and subject to the provisions of the Original Lease Agreement as modified herein. 3. That Paragraph 17 of the Original Lease Agreement shall be and is hereby amended to read as follows: “That 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 necessary municipal functions so declared by the City Council of the City of Paris, and upon the giving of thirty (30) days written notice by LESSOR, LESSEE shall vacate such portion to be so utilized, and shall be given the privilege of removing any improvement constructed on said property by LESSEE.” 4. That all other terms and provisions of the Original Lease Agreement, save and except as amended by the terms and provisions of this Addendum Number Two, shall be and remain in full force and effect. EXECUTED on the dates shown in the acknowledgments below. CITY OF PARIS, PARIS, TEXAS, LESSOR By: ____________________________________ Curtis Fendley, Mayor ATTEST: ____________________________________ Sherian Dixon, Assistant City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney ARCHERS FOR CHRIST, LESSEE By: ___________________________________ Mark Rothfuss, President ATTEST: ____________________________________ Tom Barr, Secretary STATE OF TEXAS) ) COUNTY OF LAMAR) BEFORE ME, the undersigned authority, on this day personally appeared CURTIS FENDLEY, 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 the _____ day of _______________, 2004. ____________________________________ Notary Public, State of Texas STATE OF TEXAS) ) COUNTY OF LAMAR) BEFORE ME, the undersigned authority, on this day personally appeared Mark Rothfuss, President of the 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 HAND AND SEAL OF OFFICE this the _____ day of_______________, 2004. ____________________________________ Notary Public, State of Texas