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06-P Archers for Christ LeaseAGENDA INFORMATION SHEET PROJECT: Approval of a new Lease Agreement between the City of Paris and the Archers for Christ for use of properties located at Lake Crook. BACKGROUND: The City of Paris has previously had an ongoing leasehold arrangement with the Archers for Christ organization for use of various tracts located at Lake Crook. Most recently, a five year extension of the Archers' prior lease expired on September 30, 2000. At that time, the City Council passed Resolution No. 2000-127, extending the Lease Agreement with the Archers for an additional one year term, beginning October 1, 2000, and ending September 30, 2001. The stated purpose of the one-year extension was to allow City Council time to consider the results of an ongoing Master Plan study for the use of Lake Crook and a short term lease was deemed appropriate to preserve the City's options with regard to implementing the Master Plan. Subsequently, the City Council took action to adopt what was referred to as Option Two in the Master Plan as designated by the Master Plan consultant. The Archers' organization has now come forward requesting City Council consideration of a new lease agreement consistent with the Master Plan. At City Council's August 13, 2001, meeting the Council referred the matter to a Council Subcommittee for review and recommendation. Prior to the Subcommittee meeting, the Archers revised their proposal from the proposal originally made. The revised proposal presented by the Archers was satisfactory to Terry Townsend, Public Works Director. The Subcommittee held a meeting on Thursday, August 23, 2001, and considered the Archers' new proposal. The Subcommittee suggested additional language be included in the lease addressing the question of access by the public to the Archer properties when Archer events were not ongoing, and certain language which would address that concern was likewise discussed and approved. As a consequence, the Archers' proposal for a new lease seemed to be satisfactory to the Council Subcommittee. Thereafter, the City Council at its August 27, 2001, special meeting considered and approved the recommendations of the Council Subcommittee and directed staff to prepare a new lease accordingly. DESCRIPTION: The proposed new lease provides for a one-year lease automatically renewable annually for a period of five years, with an extension of five (5) additional one (1) year terms, for tracts identified as numbers one (1) and seven (7) (see enclosed map exhibit). Prior to renewal of the lease agreement annually, the City would have the opportunity to provide notice to the Archers of the City's intent to utilize the property for general public purposes, and the Archers would have a reasonable time to leave the property. The time frame for the City's notice would be in May of each year to assure that if the City terminated the contract during any one year term, that termination would not occur during the fall and winter months when most of the Archers' events are held. As to tracts two (2), four (4) (less the property leased by the Maxey Black Powder Club), five (5), and six (6), the Archers would have a ten (10) year lease for use of said property for archery purposes. Language has been added in the contract, as suggested in part by the Archers' proposal (copy enclosed) and, as modified in the discussions in the Council Subcommittee, to allow access to the general public to these properties on a reasonable basis when the properties are not being used for Archer events; when such use would not interfere with Archer activities; when such use would not represent a threat to the public safety or to the visitors themselves; and provided such use did not allow the property of the City or the Archers to be damaged. RECOMMENDED ACTION: Consider approval of the new lease. STAFF CONTACT: Terry Townsend, Dir. of Parks and Recreation, and Larry W. Schenk, City Attorney COST: The proposed Lease Agreement is for one dollar and other good and valuable consideration. SCHEDULE: The current Lease Agreement expires by its own terms on September 30, 2001. LOCATION: Various tracts located around Lake Crook as proposed by the Archers organization; a copy of a map detailing the location of those respective sites is included in this packet. SUPPLEMENTAL INFORMATION: See enclosed the proposed lease agreement and a resolution approving same, a copy of the Archers' most recent proposal, and a copy of a map showing the respective locations of the various tracts. COUNCIL DATE: Consider for approval by City Council at the September 10, 2001, regular Council meeting. DRAFT ALICE~RESWORK\CURRENT~Archer Lease 2001 Res September 6, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE ARCHERS FOR CHRIST FOR THE LEASE OF A PORTION OF LAKE CROOK PROPERTY TO THE ARCHERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of September, 1990, in Resolution No. 90-077, authorize the execution of a Lease Agreement for use of property at Lake Crook by the Archers for Christ; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of March, 1995, approve an Exercise of Option from the Archers for Christ for a five (5) year extension of said lease, which expired on September 30, 2000; and, WHEREAS, the City Council subsequently, by adoption of Resolution No. 2000-127 on the 7th day of September, 2000, extended the aforesaid lease for an additional one (1) year term, to expire on September 30, 2001; and, WHEREAS, during the period of time from September 30, 2000, to September 30, 2001, the City Council considered a use study presented by Brannon 8: Associations in the form of a Master Plan for the use of Lake Crook, and did thereafter on July 9, 200 l, by formal motion approve Option Two regarding a full recreational development plan for the use of said Lake, reference to which said plan is hereby made; and, WHEREAS, the Archers for Christ thereafter petitioned the City Council to consider a new lease agreement to begin upon the expiration of the current lease agreement, beginning October 1, 2001, to contain terms and provisions consistent with City Council's action in approving a recreational development plan as the Master Plan for the use of Lake Crook; and, WHEREAS, the Archers for Christ have been good stewards of the Lake Crook property, having done a large amount of clean-up and considerable improvements to the property during the term the Archers have utilized said property; and, WHEREAS, the City Council desires to enter into a new Lease Agreement with the Archers for Christ for the utilization of various tracts as identified therein; 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 a Lease Agreement between the City of Paris and Archers for Christ, in the form attached hereto as Exhibit A, and for all purposes incorporated herein, for the lease of various tracts of land surrounding Lake Crook, be, and the same is hereby approved for a period of five (5) consecutive one (1) year terms, subject to termination by the City annually, with an option for renewal for an additional five (5) consecutive one (1) year terms, again subject to termination by the City annually, for those tracts identified as Tracts One (1) and Seven (7) therein, and for a ten (10) year term as set out therein for Tracts Two (2), Four (4), Five (5), and Six (6), as likewise identified in said lease. Section 3. That the Mayor of the City of Paris be, and he is hereby, authorized and directed to execute and the City Clerk to attest to said Lease Agreement on behalf of the City of Paris. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of September, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney STATE OF TEXAS COUNTY OF LAMAR LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: LEASE AGREEMENT BETWEEN the CITY OF PARIS, a 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, acting by and through its President duly authorized, hereinafter referred to as LESSEE or Archers, WITNESSETH: For and in consideration of the payment to the CITY OF PARIS, a municipal corporation, of the sum of ONE AND NO/1OO 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 ARCHERS FOR CHRIST, subject to the terms and provisions of this Agreement, the property described on Exhibit A, being area number Two (2) to be used for an archery range and areas numbered One (1), Four (4), Five (5), Six (6), and Seven (7) as shown on the First Amended Lake Crook Hunting District Map attached hereto as Exhibit B to be used for archery hunting and special archery related events or tournaments only, each Exhibit being attached hereto and made a part hereof for all legal purposes; The initial term of this lease is for five (5) consecutive one (1) year terms, with an optional renewal for five (5) additional one (1) year terms for tracts number One (1) and number Seven (7) as those tracts are designated on the exhibits attached hereto. The five (5) consecutive one (1) year terms for the use of tracts One (1) and Seven (7) shall begin on the 1st day of October, 2001, and end on the 30th day of September, 2002, with subsequent one (1) year terms on the anniversary date thereafter, ending September 30, 2006, unless the LESSOR, by or before May 31 of any one (1) year term, gives written notice of termination to the LESSEE, as to either or both tracts One (1) and EXHIBIT A -1- Seven (7). The LESSEE may extend the term of said lease for use of tracts One (1) and Seven (7) for an additional five (5) consecutive one (1) year terms beginning October 1, 2006, and ending September 30, 2007, with subsequent one (1) year terms on the anniversary date thereafter, ending September 30, 2011, again subject to the LESSOR's annual right of termination by or before May 31 of any given one (1) year term as set out herein; provided, the LESSEE gives written notice to the LESSOR of its intention to renew said Lease Agreement ninety (90) days in advance of the end of the first five (5) consecutive one (1) year terms, stating in said notice the LESSEE's intention to renew the lease for use of tracts One (1) and Seven (7) for an additional five (5) consecutive one (1) year terms. Said renewal shall be automatically effective unless the LESSOR, by written notice forwarded to the LESSEE within sixty (60) days of receipt of the LESSEE's Notice of Intent, notifies the LES SEE the LES SOR does not desire to renew the lease for use of either or both tracts One (1) and Seven (7) for additional five (5) consecutive one (1) year terms, whereupon the LES SEE shall have until January 1, 2007, to vacate either or both tracts One (1) and Seven (7) as indicated in the LESSOR's notice and in accordance with this lease agreement. With regard to tracts Two (2), Four (4), Five (5), and Six (6), the term of this lease for tracts Two(2), Four (4), Five (5), and Six (6) shall be ten (10) years, beginning on October 1, 2001, and ending on September 30, 2011, conditioned upon the LESSEE fulfilling all the terms and provisions of this Lease Agreement as set out herein. IN CONSIDERATION HEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. That LESSEE will, at its sole cost and expense, construct and maintain an archery range and any and all roadways 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 on the property -2- described on Exhibit A attached hereto. 2. That LESSEE will at its sole cost and expense construct and maintain a direct road from the Caviness Road east and northeast to the point in tract Four (4) as shown on Exhibit B attached hereto; and construct 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. 3. LESSEE will close down the north side road (Tract One) during the last week of September to 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 often 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 LES SEE, will be allowed access to the north side Lake Road in Tract One (1) and the Peninsula Road -3- in Tract 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. 4. Except as otherwise provided in paragraph 3 of this lease, the general public shall be entitled to access to all tracts leased hereunder, that is, tracts One (1'), Two (2), Four (4), Five (5), Six (6), and Seven (7), on a reasonable basis, when the properties 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. 5. That LESSEE will police and supervise the safe use of the property described on Exhibits A and B attached hereto so as to not permit shooting across any public road or any other areas of public use. 6 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 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. 7. That LESSEE will post along the boundaries of property described in Exhibit A attached hereto sufficient signs to inform the public of the use of the premises and the danger incident thereto. 8. 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 -4- character whatsoever for damage or injuries to persons and/or property occurring on the leased premises resulting from LES SEE'S, its invitees, agents, servants or employees use, and LES SOR 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 $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 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 and any extension thereof and specifically noting thereon that LES SOR 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 -5- the LESSOR at the following address: City Clerk, City of Paris, P. 0. Box 9037, Paris, Texas 75461- 9037. 9. That LESSEE will conform to and observe all sanitary rules, regulations and laws of the State of Texas and provide public restroom facilities of the outdoor chemical type at all times when the premises are to be used. 10. That LESSEE will construct embankments, make excavations and seed and fertilize the archery range in accordance with Soil Conservation Service recommendations. 11. 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; provided, however, LESSEE shall remove such improvements without unduly damaging the premises, and provided further, such improvements shall be removed at LESSEE's expense within ninety (90) days of cancellation or termination; otherwise, such improvements shall at the LES SOR's discretion become the property of the LESSOR. 12. 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. 13. That LES SEE will not sublet 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. 14. That no new structures, repairs, improvements or changes in locations or otherwise will be made to any buildings, structures, fences or other things located thereon without the prior written approval of LESSOR. -6- 15. That LESSEE will conduct the archery range in accordance with safety procedures recommended by the National Field Archery Association and will 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 at the entrance. 16. 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 ARCHERS FOR CHRIST program. 17. 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 so utilized, and shall be given the privilege of removing any improvement constructed on said property by LESSEE. 18. 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 LES SEE by LES SOR, 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. 19. Upon expiration of this lease, or any extension thereof, all property affixed to the 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. -7- 20. All notices provided for herein must be made by registered or certified mail, return receipt requested. CITY OF PARIS, PARIS, TEXAS, LESSOR ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ARCHERS FOR CHRIST, LESSEE ATTEST: Kirk Ballard, President , Secretary APPROVED AS TO FORM: , Vice President -8- THE STATE OF TEXAS § COUNTY OF LAMAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Michael J. Pfiester, Mayor 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 10th day of September, 2001. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared Kirk Ballard, 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 HAND AND SEAL OF OFFICE, this__ day of September, 2001. Notary Public, State of Texas -9- 8/23/01 Archers for Christ-Lease Proposal For Lake Crook Area 1. For Tract #1, a yearly lease for 5 years, with automatic renewal each year. The lease can be terminated, by the City of Paris, during a 30 day period, in the month of May, each year. Archers for Christ is also requesting, and is willing to incorporate, Tract # 7 into our lease for the same year by year period as Zone #1, since it is already being developed in our Wildiife Management Plan. 3. For Tract 2, 4, 5, and 6, a lease for I0 years. 4. Membership in Archers for Christ Archery Club is open to anyone interested in, or involved in Archery. Archers using the above mentioned areas are encouraged to become members of Archers for Christ Club, for both game conservation and safety purposes. No motorized vehicles, other than those of the City of Paris, or Archers for Christ, will be allowed access to the North side lake road in tract I and the peninsula road in tract 4. These vehicles will be for the express use of performlng maintenance on the part of the City of Paris and for target set up, tournament transportation, and maintenance on the part of Archers for Christ. Only Archers for Christ authorized vehicles and their ATV's will be allowed on the paths or roads during hunting season. They will only be used for the recovery of'game and also as transportation to and from hunting areas.