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1862 RES CITY COUNCIL IS DESIROUS OF COOPERATING WITH MAXEY BLACK POWDER RIFLE CLUBRESOLUTION N0. 1862 , WHEREAS, the City Council of the City of Paris is desirous of cooperating with Maxey Black Powder Rifle Club in establishing a black powder gun range, which would be available for the use of the citizens of Paris and Lamar County through membership in said Club; and, WHEREAS, a portion of Area 4, as shown on the Lake Crook Hunting Area Map, fronting 200 yards on the East Side of the Caviness Road and being 200 yards deep, would lend itself to such use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris a lease agreement with Maxey Black Powder Rifle Club, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 8th day of May, 1978. r ic ael E. Malone, Ma or A TTEST: r H. C. Greene, City Clerk APPROVED TO FORM: v . , aynes, lty ttorney STATE OF TEXAS ~ COUNTY OF LAMAR ~ LEASE AGREEMENT BETWEEN the CITY OF PARIS, a municipal corporation, acting by and through its Mayor duly authorized, hereinafter referred to as Lessor, and MAXEY BLACK POWDER RIFLE CLUB of Paris, Lamar County, Texas, acting by and through its President duly authorized, hereinafter referred to as Lessee, WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal corporation, of the sum of ONE AND NO/100 DOLLARS and other good and valuable consideration, the receipt and sufficiency of which is hereby acknovvledged, 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 lst day of June, 1978 and ending on the 31st day of May, 1983. IN CONSIDERATION HEREOF, it is mutually agreed by and be-- tween 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 road- ways and parking areas to serve the same in accordance with a plan filed with and approved by the Department of Community Development of the City of Paris. 2. That Lessee will police and supervise the safe use of the range so as to not permit firing across any public road or any other areas of public use. 3. That L,essee 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. EXHIBIT A 4. Lessee agrees to indemnify, save, keep and hold harmless Lessor from and against any and all demands, debts, liabilities, suits, claims anci 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 im- properly constructed or being or becoming out of repair, Lessee hereby waiving any defects therein and agreeing to hold and save Lessor harmless from all claims for any such damages or injuries, and Lessee shall and must at all times during the term of this agree- ment, and any extensions thereof, 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 bodily injury or death and $10, 000. 00 for any single occurrence for injury to or de- struction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or upon the pre- mises of said leased 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, subj ect 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 for. ce and effect at all times during this lease and any extensian thereof. 5, That Lessee will conform to and observe all sanitary rules, regulations and laws of the State of Texas and provide public rest- room 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 of the use and arrange- ments 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 ob- tained, provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one week. 10. That no new structures, repairs, irnprovements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written appro- val 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 every 100 feet on the property lines, post safety 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. 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 non4nterfering basis with the Maxey Black Powder Rifle Club program. 13. That Lessor shall have the righr 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, stipulation5 and/or provisions herein con- tained, notice thereoF shall be given to L,essee by Lessor, and in the event such default, failure or refusal has not been corrected or per-- formed 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 da-- mages 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 perform all the obligations required of it hereunder during the term of this lease, an option is heze by given and granted to Lessee to renew and extend this lease for an addi- tional period of five (5) years from and after the expiration of this agreement, which opxion may be exercised by Lessee giving notice i.n writing of its intention to renew said lease ninety (90) days prior to the expiration of the primary term of the lease. 16. All notices provided for herein must be made by registered or certified mail, return receipt requested. IN WITNESS WHEREOF the undersigned have executed this lease agreement. CITY OF PA R IS By: ATTEST: Michael E. Malone, Mayor H. C. Greene, City Clerk APPROVED AS TO FORM: LESSOR T. K. Haynes, City ttorney MAXEY BLACIi POWDER RIFLE CLUB By: ATTEST: ur e White, Presi ent John McNeal, Secretary LESSEE STATE OF TEXAS 0 COUNTY OF LAMAR 0 BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL E. MALONE, Mayor of the City of Paris, known to me to be the pErson whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the pur- poses and consideration therein expressed, and in the capacity therein stated. ' GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 1978. STATE „OF TEXAS ~ COUNTY OF LAMAR ~ Notary Public, Lamar ounty, Texas BEFORE ME, the undersigned authority, on this day personally appeared BUKLE WHITE, President of the 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of May, 1978. Notary u ic, Lamar ,ounty, exas