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Home My WebLink AboutR81-354 CITY OF PLAINVIEW pt P14 111 ' • I!AAg RESOLUTION R81 -354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS APPROVING A LEASE AGREEMENT WITH THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT FOR LAKESIDE PARK AND AUTHORIZING THE MAYOR TO SIGN SAID LEASE AGREEMENT. WHEREAS, by Resolution No. R81 -350 the City Council approved a change in location from the original proposed Lakeside site to a one block area located west of Lakeside School owned by the Plainview Independent School District and legally described as Block 26, Lakeside Addition, City of Plainview, Hale County, Texas; and WHEREAS, a lease agreement is required for the property to be legally classified as a public park; and WHEREAS, the School Board of the Plainview Independent School District has approved the lease agreement for Lakeside Park: NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council to approve the lease agreement with the Plainview Independent School District for Lakeside Park and to authorize the Mayor to sign said lease agreement. PASSED AND APPROVED this the 10th day of February, 1981. J.ROB RT WAYLAND, Or ATTEST: cc , i j 01J WALTER S. DODSO , City Clerk 'Progress For People Through Planning" LEASE AGREEMENT CITY OF PLAINVIEW - PLAINVIEW INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS § COUNTY OF HALE § WHEREAS, the Plainview Independent School District, in connection with providing schools and school facilities within the area of the Plainview Independent School District, has acquired lands within the City Limits of the City of Plainview where the population has increased to the extent that said land so acquired can be used advantageously both as a school playground and as a park area for the benefit of the general public; and, WHEREAS, the City of Plainview recognizes the need for adequate recreational facilities in said area and for the use and benefit of the general population of the City of Plainview, especially for the benefit of the children in the immediate neighborhood and in that part of the City of Plainview wherein the land hereinafter described is located; and, WHEREAS, the City of Plainview and the Plainview Inde- pendent School District have considered the needs of said area of Plainview and considered the construction and main- tenance of facilities which can be used as a park and for pleasure and recreation of the general public and also be used by the school for the students attending the school; and, WHEREAS, substantial savings to the public will result in the furnishing of the land by the Plainview Independent School District and the development of same by the City of Plainview for park purposes; and, WHEREAS, by joint use of said property for school play- ground purposes and use of same for neighborhood recreational purposes and for the use of the same by the general public as a park, the public will benefit by having more and better located facilities. NOW, THEREFORE, in order to accomplish such purposes, it is agreed by and between the City of Plainview, hereinafter referred to as "City ", and the Plainview Independent School District, hereinafter referred to as "School ", each acting by and through its officers heretofore duly authorized: I That for and in consideration of the mutual keeping of the covenants and agreements herein contained on the part of the City and School, the School does hereby lease and let to the City for a period of twenty -five (25) years, commencing on the date of the execution of this instrument and terminating on the day of , 19 , the following described property located within the corporate limits of the City of Plainview, Hale County, Texas, to -wit: Block 26, Lakeside Addition, City of Plainview, Hale County, Texas. II It is understood that the City intends to develop said area for park purposes; that the City shall be responsible for the selection and installation of the improvements, and insofar as its funds are available or may be made available to erect and install: a) a sprinkler system; b) trees and grass: c) playground equipment; d) multi - purpose field; e) restrooms; f) two baseball fields; and g) parking area; and to relocate existing playground equipment to conform with the proposed layout. -2- III It is understood and agreed that any improvements made to the said premises must first be approved by the City Council of the City of Plainview, both as to the nature of the improvements and for the payment thereof. IV It is understood that when the City, acting by and through its Parks Director or the City Council, is ready to erect any permanent equipment or other facilities on the School property, that the plans and specifications for same will first be sub- mitted to the School Board of the Plainview Independent School District for their approval as to the location of said facilities and for their approval of the kind of proposed improvements. V It is understood that the area will become a public park, open to the general public, during the term of this lease and that the duty and responsibility of maintaining the said park and the improvements thereon will be divided, as follows: City of Plainview: a) Parking area; b) Restrooms: c) Sprinkler System (including cost of water); and d) Playground Equipment. Plainview Independent School District: a) Ground Maintenance: 1) Mowing; 2) Fertilizing; 3) Trees and Shrubs; 4) Weed Control; and b) Ground around playground equipment. The time and hours for maintenance work on the property leased will be coordinated with the school activities to avoid conflict. -3- VI The City of Plainview shall have the control over said premises for park purposes, subject, however, to the right of the School to use same as a playground for related school purposes. It is further understood and agreed that during the term and time that school is in session that priority for the use of said premises shall be given to the School and its authorities for use as a playground or other related purposes for the students of the Plainview Independent School District, its teachers, faculty and supervisors. VII The School and City will cooperate and coordinate school and recreational activities to the end that the area under lease will at all times be available for normal school activities when school is in session and for other school sponsored activities. That should any controversy arise in the administration of this agreement and which substantially affect the purpose and terms hereof, it shall be submitted to the governing bodies of the respective parties for consideration and adjust- ment. VIII Upon termination of this lease, the City shall have the option of renewing the lease upon the same terms and conditions for an additional ten -year term, provided the School Board ratifies and confirms the said lease for the additional ten - year period. Upon the termination of this lease, School and City will agree upon an equitable and reasonable amount to be paid to City by School for permanent improvements that may be used by School in its program (expressly excluding any such improvements or facilities which are not generally used in -4- the School System). In the event the School and City cannot agree upon the amount to be paid to the City, then the City may remove such improvements and the School shall have no liability to pay for same. IX It is intended that this instrument is written subject to all legal provisions and should a court of competent jurisdiction declare any word, phrase, clause, sentence or paragraph as being invalid for any reason, that it is the intention of the parties that the remaining provisions shall remain in full force and effect. X Notwithstanding anything herein to the contrary, neither party hereto waives any governmental immunity which it might have under the law; and School enters into this agreement because it deems it in the best interest of the School to do so, in that it will result in the development of the grounds for better use by the students in the School as a playground; and School, by entering into this contract, does not undertake any responsibility or obligation for providing general park facilities for the public, even though such might be an incidental result of this contract. EXECUTED this the !L, day of j J. (±;(�.c.,t r\(■ ' , 1981. CITY OF PLAINVIEW By fir I1.4v .l 1 . ROBERT WAYLAN 7 MAYBR ATTEST: {, , / - till LTER S. DOD CITY CLERK PLAINVIEW INDEPENDENT SCHOOL DISTRICT By '' ' B. C. CROSS, President, ATTEST: Board of Trustees ,7" _ Secretary STATE OF TEXAS § § COUNTY OF HALE § BEFORE ME, the undersigned authority, on this day personally appeared J. ROBERT WAYLAND, Mayor of the City of Plainview, a corporation, known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City of Plainview. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this !u day of ;,!; t_tE- ? IQ.ti , 1981. NotaryjPublic, Hale County, Texas STATE OF TEXAS § § COUNTY OF HALE § BEFORE ME, the undersigned authority, on this day personally appeared B. C. CROSS, President of the Board of Trustees of the Plainview Independent School District, a corporation, 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, in the capacity therein stated and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this / day of , 1981. / / Notary f)ublic, Hale County, Texas