Loading...
06-C Maxey Rifleman Club AddnDRAFT F:~Attorney~ALICE~RESWORK\CURRENT~Vlaxey Rifle Club Lease Option Res 2003.wpd December 5, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING ADDENDUM NO. 1 AND GRANTING THE EXERCISE OF OPTION TO RENEW THE CURRENT LEASE AGREEMENT FORAN ADDITIONAL FIVE (5) YEARS WITH THE MAXEY RIFLEMAN GUN CLUB, FORMERLY KNOWN AS THE MAXEY BLACK POWDER RIFLE CLUB OF PARIS, FOR A PORTION OF THE PROPERTY LOCATED AT LAKE CROOK; 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 14th day of December, 1998, in Resolution No. 98-168, authorize the execution of a Lease Agreement with the Maxey Black Powder Rifle Club of Paris for a portion of the property located at Lake Crook; and, WHEREAS, the Maxey Black Powder Rifle Club of Paris, now known as the Maxey Rifleman Gun Club, did heretofore on the 14th day of December, 1998, execute a Lease Agreement with the City of Paris for that portion of Lake Crook property described as Exhibit A to said Lease, the Original Lease Agreement being attached hereto and made a part hereof; and, WHEREAS, the aforesaid Original Lease Agreement dated December 14, 1998, contained insurance requirements therein which are less than the potential liability limits set by state law for the City of Paris as a municipal corporation, and the parties desire to revise said limits of insurance coverage to be maintained by the Maxey Rifleman Gun Club consistent with the current requirements of state law; and, WHEREAS, the parties to the Original Lease Agreement desire to recognize the current name of the Maxey Black Powder Rifle Club as the Maxey Rifleman Gun Club; and, WHEREAS, the aforesaid Original Lease Agreement provided the Maxey Rifleman Gun Club, as Lessee, an option to extend the term of the original agreement by five (5) years, and the aforesaid Maxey Rifleman Gun Club desires to exercise said option and the City of Paris, as Lessor, desires to acknowledge and accept said exercise of option; 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 Addendum No. 1 to the Original Lease Agreement between the Maxey Riftleman Gun Club, formerly known as the Maxey Black Powder Rifle Club of Paris, and the City of Paris, and an accompanying Exercise of Option, attached hereto as Exhibit A, be, and the same are hereby, approved for a period of five (5) years, beginning January 1, 2004, and ending December 31, 2008, on such revised terms as are stated therein. Section 3. That the Mayor be, and he is hereby, authorized and directed to execute, and the City Clerk to attest, on behalf of the City of Paris, said Addendum No. 1 and Exercise of Option, 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 its date of passage. PASSED AND APPROVED this 8th day of December, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney LEASE AGREEMENT STATE OF TEXAS § COUNTY OF LAMAR § THIS LEASE AGREEMENT is made this 14th day of.December, 1998, by and between the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, acting by and through its City Manager, Michael E. Malone, duly authorized, hereina~er tel,erred to as LESSOR, and the MAXEY BLACK POWDER RlFLE CLUB of, Paris, Lamar County, Texas, acting by and through its President, Durlan Utley, hereinaf.ter tel,erred 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 ($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 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 1st day of January, 1999, and ending on the 3 I st day of.December, 2003. 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 a black powder pistol and rifle range and any and all roadways and parking areas to serve the same in accordance with a plan filed with and approved by the Engineering Department of the City of'Paris. 2. That LESSEE will police and supervise the saf,e use of.the range so. as to not permit firing across any public road or any other areas of public use. EXHIBIT 3. That LESSEE 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. 4. 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 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 improperly 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 Lease, and any extensions hereof, 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 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 lease 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, 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, 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 forc.e and effect at all times during this Lease and any extension hereof. -2- 5. 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. 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 arrangements 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 obtained, provided, however, that such consent may be given by the City Manager in the event such subletting shall not exceed one (1) week. 10. 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. 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 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. -3- 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 non- interfering basis with the Maxey Black Powder Rifle Club program. 13. 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. 14. Should LESSEE default in, or fail or mfi~se 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 may be terminated at LESSOR's option, and it shall be lawful for the 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. 15. In the event LESSEE shall keep each and every agreement contained herein and do and perform all obligations required of it hereunder during the term of this Lease, an option is hereby given and granted to LESSEE to renew and extend this Lease for an additional period of five (5) years from and after the expiration of hereof, beginning on the 1 st day of January, 2004, and ending on the 31st day of December, 2008, which option may be exercised by LESSEE giving notice in writing of its intention to renew this Lease ninety (90) days prior to the expiration of.the primary term hereof 16. All notices provided for herein must be made by registered or certified mail, return receipt requested. EXECUTED ON the dates shown in acknowledgments below. CITY OF P~RIS, LESSOR: ~. / Michael E. Malone, City Manager ~ ATTEST: Mattie Cunningham, City Cle~"~ APPROVED AS TO FORM: Scott P Foster, City Attorney MAXEY BLACK POWDER RIFLE CLUB, LESSEE Durlan Utley, Presidenff~ ATTEST: Alvin Woffard, S~ THE STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Michael E. Malone, City Manager 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 -5- purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 14th day of December, 1998. ~f,~,,~' MY Commission Expires 01-29-0~ Notary Public, State of Texas THE STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Dudan Utley, President, 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 ~ HAND AND SEAL OF OFFICE, this ~) ~aay or~, 199~ ~Y-~i2-. ALICE M. PINALTO ~ 6~,:..~. ~~ ~).; NolaryPublic, State of Texas Nota~ Public, State oCTexas -6- AMENDMENT NO. 1 TO LEASE AGREEMENT DATED DECEMBER 14, 1998 BETWEEN THE MAXEY RIFLEMEN GUN CLUB, PREVIOUSLY MAXEY BLACK POWDER RIFLE CLUB, AND THE CITY OF PARIS, PARIS, TEXAS, AND EXERCISE OF OPTION STATE OF TEXAS § COUNTY OF LAMAR § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Maxey Black Powder Rifle Club of Paris, now known as the Maxey Rifleman Gun Club, did heretofore on the 14th day of December, 1998, execute a Lease Agreement with the City of Paris, Paris, Texas, a municipal corporation, for that portion of Lake Crook property described as Exhibit A to said Lease, the Original Lease Agreement being attached hereto as Exhibit A and made a part hereof; and, WHEREAS, the aforesaid Original Lease Agreement dated December 14, 1998, contained insurance requirements therein which are less than the potential liability limits set by state law for the City of Paris as a municipal corporation, and the parties desire to revise said limits of insurance coverage to be maintained by the Maxey Rifleman Gun Club consistent with the current requirements of state law; and, WHEREAS, the parties to the Original Lease Agreement desire to recognize the current name of the Maxey Black Powder Rifle Club as the Maxey Rifleman Gun Club; and, WHEREAS, the aforesaid Original Lease Agreement provided to the Maxey Rifleman Gun Club, as Lessee, an option to extend the term of the Original Lease Agreement by five (5) years, and the aforesaid Maxey Rifleman Gun Club desires to exercise said option and the City of Paris, as Lessor, desires to acknowledge and accept said exercise of option; WHEREFORE, premises considered, KNOW ALL MEN BY THESE PRESENTS that this Addendum No. 1 to Lease Agreement and Exercise of Option is made this 8th day of December, 2003, by and between the Maxey Rifleman Gun Club, heretofore referred to in the Original Lease Agreement as the Maxey Black Powder Rifle Club, by and through its president, duly authorized, hereinafter called Lessee, and the City of Paris, Paris, Texas, acting by and through its Mayor, likewise duly authorized, hereinafter called Lessor, WITNESSETH: It is mutually agreed by Lessor and Lessee that the following revisions to the above-referenced Lease Agreement shall be and are hereinafter made: EXHIBIT A That all references to Lessee contained in the Original Lease Agreement, previously referring to the Maxey Black Powder Rifle Club, shall hereafter refer to the Maxey Rifleman Gun Club. That paragraph 4 of the Original Lease Agreement, the same referring to Indemnification and Insurance Requirements, shall be and is hereafter amended to read as follows: "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 members', invitees', agents', servants', or employees' use, and LESSOR shall not be liable to LESSEE, its members, invitees, agents, servants, employees, licenses, or visitors due to the buildings or other structures thereon being improperly constructed or being or becoming out of repair, or due to any and all other actions arising out of this Agreement, whether directly or indirectly, or as otherwise authorized by or occurring as a result of the activities of LESSEE, its members, invitees, agents, servants, or employees, and LESSEE does hereby waive any and all defects on any portion of the premises leased herein, and agrees to hold and save LESSOR harmless from any and all claims for any damages or injuries arising out of or as a result of this Agreement, and LESSEE shall and must at all times during the term of this Lease, 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 the LESSOR, its officers, agents, and employees, for any and all damages, personal injuries, or property damages sustained in or upon the premises of said lease property, or any part thereof, as the result of the negligence or other activities, whether intentional or unintentional of LESSEE, its members, invitees, agents, servants, or employees, and LESSEE 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, 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, 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 the terms of this lease and any extension thereof, and specifically noting thereon the LESSOR is and shall be named an additional insured under said policy or policies. All such policies shall be written to require that the LESSOR shall be notified of cancellation or of any restrictive amendment or revision of the policies at least thirty (30) days prior to the effective date of such cancellation or amendment. Notice of such amendment shall be by Certified Mail, return receipt requested, addressed to the LESSOR at the following address: City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037." The Maxey Rifleman Gun Club does hereby exercise its option for the five (5) year period afforded Lessee pursuant to paragraph 15 of the Original Lease Agreement, the aforesaid option period beginning January 1, 2004, and ending December 31, 2008, under the terms and conditions of the aforesaid Original Lease Agreement attached hereto as Exhibit A, and by virtue of approval of this Addendum No. 1 and Exercise of Option, the City of Paris as Lessor does hereby accept the Exercise of Option on behalf of the Maxey Rifleman Gun Club as stated herein and in paragraph 15 of the Original Lease Agreement. All of the terms and provisions of the Original Lease Agreement not inconsistent with the terms and provisions of this Addendum No. 1 and Exercise of Option shall remain in full force and effect. EXECUTED this 8th day of December, 2003. CITY OF PARIS, LESSOR ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk MAXEY RIFLEMAN GUN CLUB, LESSEE Reagan Skaggs, President ATTEST: Bob Schwandt, Secretary/Treasurer