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19-B Archers Lease Part TermMEMORANDUM $£P 04 2002 CITi~ To: From: Date: Subject: Larry Schenk, City Attorney Directo~~ Terry Townsend, Public Works September 3, 2002 Partial Termination of Lease Agreement / Archers for Christ I have attached an award letter from the Texas Parks and Wildlife Department. This letter confirms our trails project funding for a portion of the Lake Crook property currently leased by the Archers for Christ. Due to the local and state funding associated with this project, the park should remain open at all times, January through December. Obviously, this may cause some tense discussions between the archery club, the council, and our staff. I am recommending the City amend the current lease agreement. The grant application included all of zone (1) and zone (8). We already maintain zone (8), however we need to exclude zone (1) from the archer agreement. They should retain the remainder of the zones designated in the current agreement. I am also recommending that the amendment be completed no earlier or later than the regular scheduled council meeting on November 11,2002. This date would allow the amhers to utilize the property during the October hunting season, which is September 28-October 28. The date would also allow our consultants and staff an opportunity to field design the project during the following week of November 18, 2002. This week is significant due to the availability of our trail consultant. August 30, 2002 ROBERT L. COOK EXECUTIVE DIRECTOR the Memories... Lone Star Legacy. Give to the Lone Star Legacy E/tdowrnent Fund Mr. Terry Townsend City of Pafis P.O. Box 9037 Paris, Texas 75460 Dear Mr. Townsend: I am pleased to inform you that the Texas Parks and Wildlife Commission has awarded National Recreational Trails Grant funds and your Lake Crook Trails project was awarded $81,640 of grant funding. Congratulations, competition for funding was fierce with over three times the request for funds as funds available. As such, the Advisory Board recommended only partial funding of the project, reducing the amount awarded for the observation decks. We now begin environmental and historical resource reviews of the awarded projects. Please complete the enclosed Environmental Checldist and return it to this office as soon as possible. These reviews should be completed within two months. After these reviews are completed, I will make arrangements to meet with you and view the trail site and proposed work to be accomplished with the grant funds. At this time, you will receive copies of our billing procedures and a project agreement to execute. Please remember that this program will only reimburse you for 80% of the project cost, up to the amount approved, for costs incurred after the project agreement has been fully executed. Do not start your project or incur any costs until this agreement is signed by all parties. By law, you can not be reimbursed for costs incurred prior to the execution of the project agreement. Please feel free to contact me at (512) 912-7128 if you have any questions. Again, congratulations for developing such a worthy trail project and compiling a successful grant application. Sincerely, Andrew Goldbloom Program Manager Enclosure DRAFT J:k4ttorney\LISAkResolutions\CURRENTk4rchers for Christ - Auth Part Term.wpd October 4, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AUTHORIZING THE PARTIAL TERMINATION OF THE LAKE CROOK LEASE AGREEMENT BETWEEN THE CITY OF PARIS AND THE ARCHERS FOR CHRIST AS TO AREA NUMBER ONE (1) DESCRIBED THEREIN, FOR THE PURPOSE OF IMPLEMENTING THE LAKE CROOK TRAILS PROJECT; AUTHORIZING NOTICE OF PARTIAL TERMINATION OF SAID LEASE AGREEMENT; AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE LEASE AGREEMENT; 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 the Archers for Christ for the utilization of various tracts located at Lake Crook; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of October, 2002, in Resolution No. 2002-__, ratify the application made to the Texas Parks & Wildlife Department for a National Recreational Trails Grant for the Lake Crook Trails Project; and, WHEREAS, as a consequence of the City Council's ratification of said grant application, the City will receive a grant award from the Texas Parks & Wildlife Department, National Recreational Trails Grant, to underwrite 80% of the estimated cost to construct the Lake Crook Trails Project, the same consisting of walking paths and trails to be located on that portion of the City's Lake Crook property described as area number one (1), currently leased to the Archers for Christ in furtherance of projects on behalf of the Archers for Christ; and, WHEREAS, in order to fulfill the conditions of the grant, and to implement the intended purpose of the aforesaid Lake Crook Trails Project, the same being to make available to the general public the use of the trails and paths constructed pursuant to said grant, the City will need to convert the use of said area number one (1) to general municipal functions; and, WHEREAS, Section 17 of the City's current Lease Agreement with the Archers for Christ reserves unto the City as lessor the right and privilege at its option at any time to terminate in whole or in part the lease for necessary municipal functions, provided the City Council so declares such necessary municipal functions, and authorizes ninety (90) days written notice to the Archers for Christ as lessees to vacate said portion of the property to be utilized for necessary municipal functions; and, WHEREAS, as a consequence of the receipt and award of said grant, the City Council finds and determines the implementation of said grant requires utilization of said designated area number one (1) of the Lake Crook property, and that the utilization of said property for said grant constitutes a necessary municipal function, and the City Council desires to so declare same and to authorize the giving of the necessary notice to the Archers for Christ to vacate said premises; and, WHEREAS, the City Council of the City of Paris deems it in the best interests of the citizens of the City of Paris to terminate said Lease Agreement with the Archers for Christ as to area number one (1); 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 City Council does hereby determine, in accordance with Section 17 of the existing Lake Crook Lease Agreement between the City of Paris and the Archers for Christ, that the use of area number one (1) as designated in said lease agreement is required to implement a grant received from the Texas Parks & Wildlife Department, National Recreational Trails Grant, to implement the Lake Crook Trails Project, and that the implementation of said Project is hereby declared by the City Council as a necessary municipal function. Section 3. That the termination of the Lease Agreement with the Archers for Christ as to area number (1) for the purpose of establishing a public recreations trail be, and the same is hereby, authorized and approved. Section 4. That the City Manager be, and he is hereby, authorized and directed to provide ninety (90) days written notice of such partial termination to the Archers for Christ in accordance with Section 17 of the Lease Agreement. Section 5. That the City Manager be, and he is hereby, authorized and directed to execute an addendum reflecting such partial termination under the terms and conditions and in the form approved by the City Attorney. Section 6. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 10th day of October, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney RESOLUTION NO. 2001-152 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 (I) 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 & Associations in the form of a Master Plan for the use of Lake Crook, and did thereafter on July 9, 2001, 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 tand surrounding Lake Crook, be, and the same is hereby approved for a period of five (5) consecutive one (I) 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. ATTEST: L~r~Sche~'[, L~ty Attorne~ LEASE AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: 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 or City, and ARCHERS FOR CHEST of Paris, Lamar County, Texas, acting by and through its Presidant duly authorized, hereinafter referred to as LESSEE or Archers, WITNESSETH: For and in consideration of thc payment to the CITY OF PARIS, a municipal corporation, of the sum of ONE AND NO/1OO DOLLARS ($I.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; Thc 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. Thc 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 anniversa~ 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 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 LESSEE the LESSOR 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 LESSEE 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 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 LESSEE, will be allowed access to the north side Lake Road in Tract One (1) and the Peninsula -3- Road in Tract Four (4). These vehicles will be used for performing maintenance on the part of the LESSEE and for target seep, 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 ofthe property described on Exhibits A and B attached hereto so as to not pemait 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 ofproperty 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 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 fome 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 carder or carders shall deliver a copy of any such policies to the City Clerk of the City of Pads, 150 I st Street S.E. Pads, 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 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, Pads, Texas 75461- 9037. 9. That LESSEE will conform to and observe all sanitary roles, 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. I 1. That LESSEE shall retain title to all building improvements placed upon the leased premises and shall have the fight 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 LESSOR'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 LESSEE 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 functionhas 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 LESSEE by LESSOR, 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, retum 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 LANIAR 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 OFLAMAR 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- ~x~BIT A