Loading...
HomeMy WebLinkAboutR86-116' 076 RESOLUTION NO. R86-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAIN-VIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH TO OPERATE THE AUSTIN HEIGHTS SWIMMING POOL. WHEREAS, ., a Non-Profit Corporation has requested that the City of Plainview lease the Austin Heights swimming pool to for the 1986-1987 season; and WHEREAS, , wishes to operate the swimming pool facility for the benefit of the general public; and WHEREAS, has agreed to abide by the terms of the lease, a copy of which is attached and made a permanent part of this Resolution, to repair and operate the Austin Heights swimming pool in accordance with all applicable State laws and local ordinances, with a maximum of $3,000 being provided by the City of Plainview to assist in said operations. NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council of Plainview, Texas the Mayor is hereby authorized to execute a lease agreement with to operate the Austin Heights swimming pool for the 1986-1987 season. BE IT FURTHER RESOLVED that the City is allocating $3,000.00 towards the operation of the pool with $1,000.00 being provided per month. PASSED AND APPROVED this the day of , 1986. E.V. RIDLEHUBER, Mayor ATTEST: SHERYL OWEN, Interim City Clerk STATE OF TEXAS COUNTY OF HALE LEASE AGREEMENT This Agreement entered into this the 1986, by and between CITY OF PLAINVIEW, Corporation hereinafter called "City," and Texas Corporation, hereinafter called "Lessee." day of Texas, a Municipal · a WHEREAS, City is the owner of a swimming pool and facilities used in conjunction therewith located in the Austin Heights Addition, City of Plainview, Hale County, Texas; and WHEREAS, Lessee desires to open and operate said swimming pool and facilities for the benefit and use of citizens of the City who reside in the Austin Heights area; and WHEREAS, Lessee has agreed to repair, maintain and operate said swimming pool and facilities used in conjunction therewith at its own expense and in accordance with City ordinance and State law; and W~RREAS, use of the Austin Heights swimming pool will Provide recreational activities for all citizens, especially those residing in the Austin Heights area, and for the public in general. NOW, THEREFORE, for and in consideration of $1.00, receipt of which is hereby acknowledged., and the mutual covenants and agreements recited herein, City does hereby lease to Lessee for a term of one (1) year, beginning May 15, 1986 and terminating April 20, 1987, the following described property located within the corporate City Limits of the City of Plainview, Hale County, Texas: Austin Heights Swimming Pool North Austin Street Plainview, Texas Lessee shall, at its own expense, maintain and operate the swimming pool facilities in compliance with all City ordinances and State health laws and regulations relating to the operation of such recreational facilities. Lessee shall, at its own expense, be responsible for the repair and maintenance of the swimming pool and facilities used in conjunction therewith and shall pay all costs for the purchase of equipment r.equired to operate and maintain the pool of repairs, remodeling, renovation .of the pool facilities or any expenses incurred for labor or other costs relating to the operation of the pool or the facilities used in conjunction therewith. City shall provide Lessee with' up to $3,000.00 for the operation of the swimming pool. The appropriation of said monies shall be done on a monthly basis. Lessee, acting by and through its officers or agents, shall set the hours of operation, schedule extracurricular activities suCh as private parties, set up competitive pool usage fees and oversee the day to day operations of the swimming pool. Lessee shall be responsible for providing certified lifeguards and pool managers and any other employees or supervisory personnel required by City ordinance or the State health laws or regulations. Lessee shall furnish to the City a complete financial statement showing all income, expenses and amount of profit or loss at the end of the lease period. Lessee shall permit the general public to use the pool facilities. Lessee agrees-to indemnify and hold the City harmless from any and all claims for injury or damages to any person or property occasioned or arising by reason of the operation of the pool and facilities used in conjunction therewith and to hold the City harmless and to indemnify it from any and all claims for damages or other injuries to property or person, which said injury or damage would not have occurred except for the action or conduct of Lessee, its agents or representatives in the use of the swimming pool and facilities used in conjunction therewith. Lessee shall furnish to the City a certificate showing that Lessee has in full force and effect a policy of liability insurance with an insurance company authorized to do business in the State of Texas in an amount of not less than $500,000.00 wherein the City of Plainview has been named as an additional insured to protect it from any liability resulting from the operation of the pool facilities. Lessee shall maintain said liability insurance in full force and effect during the term of this contract and shall deliver a copy of said insurance policy to City. Upon the termination of this lease, any and~all improvements made on the property shall be owned by the City. 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, it is the intention of the parties that the remaining provisions shall remain in 'full force and effect.