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14 - PARIS R/C ASSOCIATIONItem No. 14 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: PARIS R/C ASSOCIATION DATE: November 11, 2015 BACKGROUND: The Paris Remote Control Association has leased property at Lake Gibbons since 2010, and has fully complied with the lease agreement, maintaining the 3.673 acres in good condition. This provides a good use for the area, while also reducing the amount of maintenance required by city staff. STATUS OF ISSUE: The current agreement ends November 30, 2015 and the association wishes a new five year lease. City staff concurs with their request, as we have worked well in the past and believe this is a compatible activity for this city -owned property. The new lease will contain a termination clause, as well as a failure to comply process. BUDGET: NA RECOMMENDATION: Authorize city manager to execute a new five -year lease. LEASE AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR § THIS LEASE AGREEMENT between the CITY OF PARIS, TEXAS, a home rule municipal corporation, acting by and through its Mayor, A.J. Hashmi, M.D., duly authorized, hereinafter called LESSOR, and PARIS R/C ASSOCIATION, Paris, Texas, acting by and through its President, Robert Brooks, duly authorized, hereinafter called LESSEE, is made this 16th day of November, 2015. 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 PARIS R/C ASSOCIATION 3.673 acres of Lake Gibbons property more particularly described on Exhibit A, attached hereto ( "Leased Premises ") IN CONSIDERATION WHEREOF, it is mutually agreed by and between LESSOR and LESSEE: 1. The term of this lease is for five (5) years, beginning on the 1 st day of December, 2015, and ending on the 30th day of November, 2020, at which time and on which date the same shall terminate, unless sooner terminated as herein specified and provided, during which time LESSEE may and shall use the same for model aviation purposes only. 2. That LESSEE shall be responsible for all maintenance, mowing and landscaping of the Leased Premises and shall keep and maintain the Leased Premises at all times in a clean, neat, safe, sanitary, orderly, and aesthetically pleasing condition at all times, in exchange for access to Page 1 of 8 and use of the leased premises. 3. That LESSEE will, at its sole cost and expense, construct and maintain all necessary appurtenances for model aeronautics and any and all roadways and parking areas to serve the same. 4. That LESSEE will police and supervise the safe use of the Leased Premises in accordance with the terms of this Lease Agreement. 5. That LESSEE agrees to indemnify, save, keep, and hold LESSOR harmless 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 invitees', agents', servants', or employees' use of the Leased Premises, 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 hereof, keep and maintain in full force and effect a policy or policies of insurance, providing at least $300,000.00 per occurrence and $600,000.00 aggregate for any single occurrence for bodily injury or death, property damage or loss indemnifying all persons for any and all damages, personal injuries, or property damages sustained in or upon the Leased Premises 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 Page 2 of 8 EXECUTED on the dates shown in acknowledgments below. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney ATTEST: Larry Hines, Secretary- Treasurer By: CITY OF PARIS, TEXAS A.J. Hashmi, M.D., Mayor PARIS R/C ASSOCIATION By: Kenneth Bedford, President Page 6 of 8 STATE OF TEXAS COUNTY OF LAMAR BEFORE ME, the undersigned authority, on this day personally appeared A.J. Hashmi, M.D., Mayor of the City of 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 16th day of November, 2015. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared Kenneth Bedford, President of Paris R/C Association, 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. 2015. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of November, Notary Public, State of Texas Page 7 of 8 EXHIBIT A FIELD NOTES (FOR LEASE OF APPROXIMATELY 3.673 ACRES AT LAKE GIBBONS) SITUATED about 6 %2 miles West Northwest of the City of Paris, County of Lamar and State of Texas, a part of the N. Matheison Survey and a part of the R. S. Wallace Survey, and being a part of two tracts of land conveyed to the City of Paris by W. P. Brewer and wife, Cora B. Brewer, as described in deed recorded December 23, 1898, in Volume 88, Page 229, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner, said point being in the West Boundary Line of the first tract conveyed by Brewer, same being in the West Boundary Line of the Matheison Survey, South a distance of 936 feet from the Northwest Corner of the N. Matheison Survey, same being the Northwest Corner of said first tract; THENCE, continuing South with the WBL Matheison Survey, at a distance of 189 feet passing through the SBL of said Matheison Survey, continuing 211 feet into the A. S. Wallace Survey, a total distance of 400 feet, a point; THENCE East 400 feet, a point; THENCE North, at 211 feet crossing into the N. Matheison Survey, a distance of 400 feet, a point; THENCE West a distance of 400 feet to the point of beginning and containing 3.673 acres, more or less, 1.736 acres, more or less, from the Matheison Survey and 1.937 acres, more or less, from the A. S. Wallace Survey. Page 8 of 8 PARIS R/C ASSOCIATION'S BY-LAWS AS AMENDED ON DEC 3RD ,2009 EFFECTIVE DEC 3RD, 2009 ARTICLE ONE The name of this organization shall be "Paris R/C Association" and here -in -after referred to as the "Association ". The Association is chartered by the Academy of Model aeronautics (AMA) and incorporated in the state of Texas. ARTICLE TWO The. object of the Association is to promote radio control modeling while recognizing and welcoming other modeling disciplines. We will concentrate our efforts bettering our hobby by striving to stimulate interest in modeling, by conducting ourselves in a most exemplary manner, and by displaying a spirit of friendship and good sportsmanship at all times so that we may earn respect of all those who observe our activities. • i :1:70! �! ORGANIZATION 1. Elected Association Officers shall consist of a President, Vice President, and Secretary/Treasurer. 2. Elected Association Officers shall serve a term of one year.. 3. Elected Association Officers shall be elected on the date of the December meeting and assume their duties on January 1'` of the next calendar year. 4. A newspaper Editor will be appointed: who will be responsible for all newspaper correspondence and insure it is afforded proper distribution. 5. Elections for officers will be by vote of the members from nominations and by secret ballot. A majority vote of the members present is required to elect any officer. Candidates will be nominated from the floor during the December meeting prior to the election. 6. Appointed Association Officers shall consist of Safety Officer and Contest Director. They shall be appointed by the President. 7. Members in good standing shall be persons who are current in dues paid to the Association and the AMA. Non -flying Association members are not required to be AMA members. Membership is open to all regardless of gender, age, creed, race or nationality. 8. All issues before the Association that require voting will be voted on by members in "good standing ", and that are present at the meeting when the issue is brought before the Association. 9. In the event that an elected officer of the Association finds it necessary to terminate his association with the Association, a special election will be held at the earliest opportunity to elect a replacement. EXHIBIT 3- DUTIES OF ELECTED OFFICERS PRESIDENT Shall preside at all meetings of the Association and shall act as spokesperson for the Association in all matters pertaining thereto unless specifically designated otherwise by the By -Laws. Shall further appoint any committees or persons to fill remaining staff positions as may be required to conduct Association affairs. VICE PRESIDENT Shall act for the President whenever the President is unable to serve. Shall act as project manager on the Associations' behalf. SECRETARY - TREASURER (to be referred to as Treasurer) Shall collect and have custody of all funds, receive and disburse all moneys of the Association. It shall be the responsibility of the Treasure to maintain the combinations to the flying field and storage building. The Treasure shall annually forward to the AMA the required forms and moneys for the AMA Charter and Certificate of Insurance. The Treasure shall handle all membership matters and present to the membership, at each quarterly meeting, a status of the treasury and expenditures. The Treasure shall take and keep minutes of all meetings. The Treasure is to maintain a list of member AMA numbers. The Treasure shall maintain the current By -Laws and record all changes made by the Associations' members through the voting process. DUTIES OF APPOINTED OFFICERS SAFETY OFFICER Shall advise the Association on matters pertaining to safety. Shall investigate all matters involving safety and shall advise the Association in said matters. CONTEST DIRECTOR The Contest Director shall advise the Association on all matters pertaining to scheduled events which the Association decides to hold that require AMA sanctions. NOTE: Contest Director are those persons designated by the AMA as Contest Directors. Contest Directors may hold an elected office in the Association. ARTICLE FOUR DUES AND FEES 1. Dues shall be $60.00 per year, family membership. 2. Dues are to be paid by April 1" to be a member in good standing. 3. For the first time members that join after April I", dues will be pro -rated the following year. Previous members rejoining will pay full dues. 4. The Treasure shall administer and report to the Association on those situations where hardships may prevail. 5. No member delinquent in paying their dues may fly at the Associations' field either as a member or as a guest of a member. 6. AMA member guest may fly free at the Associations' field on two occasions. Guest must be accompanied by an Association member in good standing. After two occasions they must pay a $10.00 fee per weekend to continue to fly at the Associations' field. The fee will be applied towards the annual membership fee if the guest joins the association. 7. All dependents of a members family including underprivileged children in programs such as Big Brother -Big Sister, under the age of 18, have flying privileges provided said dependents currently belong to AMA. Full time students may continue to the age of 21. 8. Flying field combinations will be issued to those persons who have paid Association dues, however, only AMA members may have flying privileges at the Associations' field. 9. By Association approval an "associate" membership, paying half dues, may be granted. The guidelines for the "associate" membership is a non - voting member, with combination issued to the flying field and storage building, does not live in Texas and is an AMA member. RESIGNATION Any member in good standing may resign his/her membership by giving written notice to the Association. TERMINATION If any member ceases to have the qualification necessary for membership in the AMA, his/her membership in the Association shall thereby terminate, subject to reinstatement upon restoration of eligibility. EXPULSION This section provides for enforcement of the Safety Rules that are related to flying activities or any other unacceptable behavior by an individual member or members. An individual may be expelled from membership from the Association by a two- thirds (2/3) majority vote of the membership if in the officers' determination, such individual willfully commits any act or omission which is a violation of any of the terms of these By -Laws, or Rules of the AMA, or which is detrimental to the Association, the AMA, or to model aviation. REINSTATEMENT A two- thirds (2/3) vote of the membership is required for reinstatement to the Association. ARTICLE FIVE AMENDMENTS Amendments may be made to these By -Laws by a 213 vote of members in "good standing" present at the June and December meetings. ARTICLE SIX MEETINGS 1. The Associations' meetings will be held quarterly on the, time and place determined by the club members at a regular scheduled meeting. Ample notice will be given to all club members of the date, time, and place of all meetings. Meetings may be canceled on a as needed basis to be determined by the President. The President will give ample notice of cancellation. 2. The order of business during the meeting shall be used as a guide line only. A. Call to order B. Reading and approval of the minutes of the previous meeting. C. Announcements and introduction of guest. D. Statement of the Treasurer E. Projects reports. F. Old Business. G. New business. H. Adjournment. 3. The succession of officers is as follows: President, Vice President, and then Treasurer. 4. On all issues that require a vote by the Association, with the exception of the changes to the By -Laws, a vote of a simple majority of members is required for passage. Any issue may be tabled to a later meeting by a majority vote of the members present. On all issues before the Association that require a vote for a decision, a member to be qualified to vote must be an Association member in "good standing". There will be one vote per family membership. ARTICLE SEVEN SAFETY 1. Consumption of alcohol is strictly prohibited at the field. 2. Anyone flying at the field and deemed to be under the influence of alcohol shall be asked not continue to fly for the remainder of the day. The Safety Officer shall be informed and the Safety Officer shall present his findings and recommendations to the Associations' officers at his next opportunity. 3. AMA safety rules shall be followed at all times. 4. Training can be done by any member who has soloed and has their current AMA, if the student is both an AMA member and Association member. The instructor accepts responsibility for their student(s) and all training will be done by the "buddy box" system. It will be the instructors' decision as to when their student is ready to solo. The instructor may have another member fly with their student before the student will be allowed to solo and fly on their own. 5. Training may be done under the rules of the AMA Introductory Pilots Program. The Association membership dues will be exempted for this period. Once the student becomes an AMA member they may continue the training until they have soloed paying Association membership dues. They must then become a fully paid Association member to continue flying at the Association flying field. ARTICLE EIGHT ASSOCIATION FUNDS. 1. A maximum of $50.00 may be spent by a member or members with the approval of the President and the Treasurer , without Association memberships prior approval. The Treasurer is to provide said sums upon receipt of bill or bills. 2. Funds of the Associations over $50.00 may be spent only with approval of the Associations membership present during meeting when these funds are requested. 3. At the discretion of the Association membership the Treasure may refund dues to an Association member who is responsible for mowing the flying field. Article Nine LOCAL FIELD RULES 1. All AMA safety rules are to be followed at all times. 2. Flying hours will be SAM until dark. 3. No flying is permitted while persons and /or equipment is on the field, between the retaining fence and the east boundary, for maintenance purposes. 4. Frequencies to be used must be posted on the frequency board before the transmitter is turned on. 5. Persons using the same frequency will communicate the separate use of their transmitters. Courtesy dictates that the pilot will take down his frequency number from the frequency board after flight so that the other pilots will know it is safe to use his transmitter or to fly his airplane. 6. Engines must be started in the pit area. All preflight adjustments must be made in the pit area. Only restarts may be completed in the runway area. 7. At no time shall a pilot stand within 25 feet of the west most edge of the asphalt runway. This area will be known as the safety area. From the 25 foot line West will be known as the pit area. There will be no landings or takeoffs in or from the pit area. 8. Aircraft making emergency and/or dead stick landings take precedence over other aircraft. 9. When crossing or going onto the runway to retrieve a disabled or damaged aircraft, pilots must announce their intention and should proceed with caution. Once clear of the runway, pilots must announce that the runway is clear. 10. A "NO FLIGTHT" area exists in the Northwest corner of our flying area. All pilots should avoid this area in order to keeo noise levels as low as possible around the houses that border the Northwest part of our flying area. 11. Upon notification of any field rule infraction (to be done in a courteous manner), the member so informed shall acknowledge the notice. A courteous response is expected. Repeated violations will be brought to the attention of the Safety Officer and appropriate action will be taken under Article Four. 12. Use of radio controlled cars on the runway is permitted under the following circumstances: a. Pilots present are notified and agree b. The flying of aircraft will take precedence. c. Frequency used will not interfere with aircraft frequencies and ground frequencies must be used. 13. Control line aircraft are to be flown in the designated control line area. 14. The last member leaving the field will lock the gate. If there is a question in your mind as to whether or not you are the last one out, lock the gate. 15. Under no circumstances shall a pilot use his or her aircraft to chase any birds at or around our field. ARTICLE TEN BY -LAWS UNDERSTANDING The Treasurer is to maintain a file on all Association members. The file is to contain a copy of the By -Laws signed by each member. This is to ensure that each member is aware of all rules and regulations consistent with the Association. The following Association officers verify this has been duly voted into effect be the members present at the December 3rd, 2009 meeting. 1. oi�— 2.1 —