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HomeMy WebLinkAboutR90-1070 ~. 4 PARRS - BASEBALL RESOLUTION NO. R90-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT AND A CONCESSION AGREEMENT WITH THE OPTIMIST SUMMER BASEBALL PROGRAM. WHEREAS., the. Plainview Optimist Summer Baseball Program has expressed an interest in leasing the six.{6j formal playing fields at the intersections of S.W. 2nd and Beech and. South of Running Water Draw, all of which are located in the Broadway Street Park area; and WHEREAS, the Plainview Optimist Club proposes to operate concessions in designated park areas of the City of Plainview; and. WHEREAS, the Plainview Optimist Club has exercised their option to renew their previous lease far the Broadway Park Baseball Complex; and WHEREAS, the City of Plainview desires to permit the Optimist Summer Baseball Program to operate concession stands far the selling of cold drinks and confections and certain types of food in the City Park area of the City of Plainview; and WHEREAS .copies of the proposed Lease Agreement and, Concession Agreement are attached to this Resolution. and hereby made a permanent part thereof. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of Plainview, Texas, that the Mayor is hereby authorized to execute a Lease Agreement and a Concession Agreement. with the Plainview Optimist Summer Baseball Program, copies of which are attached. Passed, and Apgraved this 23rd day. of Jan ry -990. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~~~~~ ~~' Mike McDonough `~ David ackburn `-' Director of Municipal Services City Attorney .. ..,, ~ . ~. . ~~ Jazluary 10 , ..1990 Jim Jeffers , City manager of the City of Plainview 90t Proadway Plainview, Texas 79072. .Dear Jim, In accordance with the terms of the lease agreement between the City of Plainview and the Noan Optimist Club Summer Baseball Program, please accept tF1is letter as a formal written request for renewal of this lease. Thank you for your consideration. ncerely, andall Martin, President, Plainview Noon Optimist Club P.O. Box 399 Plainview, Texas 79072 '~ , l ~~ a~.s STATE QF TEXAS § COUNTY OF HALE § LEASE AGRET?1ur~?N'r CITY OF PLAINVIEW OPTIMIST SUMN~R BASEBALL PROGRAM WHEREAS,. the City of Plainview is the owner of the following tract of land and park facilities located within the city limits of the City of Plainview; and WHEREAS,. the Optimist-Summer Baseball Program desires to use the fields and ..facilities located on said tract of land for organized athletic activities; and WHEREAS, the City of Plainview and the Optimist Summer Baseball Program have considered the needs of said area of Plainview and have determined that the baseball fields and related facilities can be used as a park for the pleasure and recreation of the general public and also be used by the. Association for athletic activities of the members and teams within its organization; and WHEREAS, .substantial savings. to the public. will result. by the joint use of said property by the City of Plainview as a general park fora the public .and by the Optimist Summer Baseball `~-~ Program as athletic facilities for the general membership of its organization. NOW THEREFORE, in order to accomplish this purpose, it is agreed by and between the'°'City of Plainview, hereinafter referred to as "City" and the Optimist Summer. .:Baseball Program, hereinafter referred to as "Association", each acting by and through its. officers heretofore duly authorized; I For and in the consideration of the mutual keeping of the covenants and agreements herein contained on the part of the City and Association, the. City does hereby lease to the Association for a period of five (5}.months, beginning April l through September 1, of 1990, the following described property located within the corporate limits of the City of Plainview, Hale County, Texas to wit:. .The six (6} formal playing fields at the intersections of S.W. 2nd & Beech, and south of Running Water Draw. These six (6) playing fields are located at the Broadway Street Park area. The lease does. include the playing fields; spectator stands .and related facilities located on this property. The .lease does not °°~ include. the .public parking facility which will remain a public use `~~~_, facility. 1 of 4 a ~-~ ' It is understood that the Association intends to use the ~"Y baseball, spectator .stands and related facilities for athletic activities by the general membership of the Association and other teams that may enter an Association sponsored tournament. This lease shall terminate on September 1, 1.990. The Association shall have the obligation each year to submit to the .City a formal written request for renewal of this lease. In the event this lease is renewed -and ratified by the City of Plainview, it will commence on April. 1, annually and shall terminate on September 1, of'that same year. II It is understood and agreed-that Association shall have the responsibility to maintain the said premises at its expense during the term of this contract agreement. All routine maintenance of seats,. fences, and playing surface will be accomplished by the Association. All improvements other than normal routine maintenance and repairs to the premises and facilities will first be approved by the .Superintendent of Parks far the City. I.II The Association shall have control over said premises during such time that it is being .used by the .Association and its membership. It is further understood and agreed that during the term of this agreement, the priority for the use of said premises shall be given to the .Association. The Cit~r has. at its. power the authority to require use of the facility for public use if deemed necessary by the City. A two (2) week advance notice will be given if .time permits.. IV The Association and the City will cooperate and coordinate the recreational activities that the area under the terms of .this lease the facility will at all times be maintained in the utmost serviceable. condition. Should at any time a controversy arise in the administration of this. agreement, and which substantially affects the purpose and terms hereof,. it shall be submitted to the governing bodies of the respective parties for consideration and adjustment.. 2 of 4 ~~ .~. V The Association shall maintain the premises in .'`;during the term of this lease, reasonable wear and. The Association shall, at its expense, during th lease, have the responsibility to inspect, maintain, playing fields, spectator stands, fences, and other in conjunction with the playing fields. good condition tear excepted. e term of this and repair the facilities used The Association shall, at its. expense, be responsible for the repair of any damage occasioned to the baseball fields, spectator stands, and other facilities as a result of vandalism which may occur during. the period of time that the property is leased to the Association. The Association will not be responsible for vandalism damage after September 1, and until April l of each year. During the term of this lease or any renewal and extension thereof, the Association shall,. at its expense, maintain the infield area to its own pleasure. The Association will keep all weeds from the base of the fences, backstop and spectator stands. The City shall, at its expense, mow the outfield grass and water the grass on its standard cycle. The time and hours for watering. the grass shall be coordinated with the Association so as not to conflict with the scheduled. games. The Association is required to furnish a full schedule of all games including tournaments to the Superintendent of Parks before the season commences. VI Upon termination of this lease, the Association shall have the option to request a renewal of this lease bearing the same terms and conditions for an additional one (1) year period, provided the City ratifies and confirms said lease for the requested period. VII All tournaments taking- place at .the leased baseball facilities during the term of this contract shall comply with the Policy For Baseball Tournaments.. (see attached Exhibit A). VIII The Association agrees to indemnify and save the City whole and harmless from any and .all claims. for injuries or damages to any person or property occasioned by or arising by the reason of the Association's negligence and to save the City whole and harmless and to indemnify it from any and all claims for damages. or injuries to property or persons, which said injuries or damage, would not have occurred except for the actions or conduct of the Association or its agents in the use of the baseball field and related facilities. The Association .shall furnish the City of Plainview a certificate 3 of 4 showing. that it has in force .(and it shall .keep same in force at all times) a policy of liability insurance with a company authorized to do business in the State of Texas in an amount of not less than the state statutory limits of liability for governmental entities under the Tort Claims Act, as protection. of any liability for damages. of said Association, its agents, employees, or any. other person assisting in the carrying out of any function authorized hereby, and the same shall, in addition to protecting the Association, provide therein that it will also protect the said City of Plainview. IX This lease agreement may be terminated at any time by mutual agreement of both the .Association and the City. The City also holds right to terminate this lease at anytime by serving written notice in advance of thirty {30) days .minimum. X ~.,, s` 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. EXECUTED THIS. 23rd ATTEST: Carla Reese, City Secretary day of ,Tanuary 1990. CITY. OF PLAI EW, TEXAS BY ~ .V. Ridlehuber, Mayor .lessor OPTIMI S~JNIlKER BASEBALL PROGRAM Pr sident, Board of Directors ATT ST• Secretary 4 of 4 o~~ ova xz~xfi POLICY: FOR BASEBALL TOURNAME1~iTS 1. All tournaments must have prior approval of the Parks Superintendent (minimum 2 weeks). It is suggested. that all tournaments be scheduled early, so they can be calendered along with regular season schedules. 2. The Optimist. Summer Baseball Program shall be directly responsible for all tournaments staged in the. Broadway Street Park. 3. A Tournament Director and one assistant shall be appointed by the Optimist to oversee all tournaments,-(not necessarily the same person each time). and these people. will have the responsibility of insuring that the tournament is conducted in a prudent manner. .One of these persons must be present at all times during the tournament and will work, as needed, to keep playing facilities ready. 4. The City Parks Department shall conduct normal maintenance on the playing fields and the. tournament will be responsible for any additional work required... In addition, the Parks Superintendent '~~~.= will have the final decision on whether field conditions warrant Play• 5. In handling the financial arrangements for each tournament, the Optimist Summer Baseball Program shall be responsible for all monies and pay the expense of the tournament. If some non-profit organization is sponsoring a tournament for a charitable purpose, the .Optimist Summer Baseball Program shall handle all receipts and pay the bills, then divide the proceeds with the sponsor as agreed upon by the two. parties. 6. A set of .written rules, for the tournament, shall be delivered to each team entered and shall include the following, as ordained by City Ordinance: (a) No vehicle .will be permitted off the streets and parking lots. (b) No camping will be permitted. (c) All litter must be disposed of in trash receptacles which will be provided. at convenient locations by the City Parks Department. 7. The Tournament Sponsor will be responsible for cleaning up trash after the tournament. 1990 CONCES5ION.AGREEMENT OPTIMIST SUNIl~+IER BASEBALL PROGRAM AN AGREEMENT GRANTING TO THE OPTIMIST SUMMER BASEBALL PROGRAM. ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN DESIGNATED PARK AREAS OF THE CITY OF PLAINVIEW, PRESCRIBING THE CONDITIONS OF SUCH. PERMISSION AND THE TERM FOR WHICH SAID PERMISSION IS GRANTED. ..WHEREAS,. the Optimist Summer Baseball. Program (herein referred to as the "Association"') of the City of Plainview has requested permission and franchise to operate concession stands for the purpose of selling cold drinks and confections and certain types of food: in the City Park area of the City of Plainview; and WHEREAS, said Association has represented that it will and intends to use the proceeds thereof for the purpose of promoting recreational sports and other activities for the citizens of the City of Plainview. NOW, THEREFORE, THE PARTIES AGREE WITH EACH OTHER AS FOLLOWS: SECTION 1. The Optimist Summer Baseball Program of the City of Plainview is hereby granted a nonexclusive franchise and permission. to operate concessions for the sale. of cold drinks and confections, sandwiches, hamburgers and such other type foods as are ordinarily sold in and around park areas where crowds gather for activities, subject, however, to the conditions, limitations provided for in this. Agreement, and in accordance with all policies and ordinances of the City of Plainview and the Plainview/Health County Health District. SECTION 2. The area for which said franchise and permission is granted is as follows: Broadway Street Park.. SECTION 3. The term for which this is granted initially. is to include the through September 1, 1990, to allow fc performance of the concessionaire and to to cease his operations during the time not normally receiving maximum use. franchise and permission dates of April 1, 1990, ~r an evaluation of the allow the concessionaire when the park areas are SECTION 4. That a permanent facility shall be used during this time period. The facilities authorized for use are: {1) the concession stand at the South Field which has been constructed by the Optimist Baseball Program; (2) the concession stand located at the Babe Ruth Field and being the .property of the City of Plainview; (3} the concession stand at Jaycee Field which is also. the property of the City of Plainview. A mobile operation is specifically prohibited by this Agreement, in reference to food ,~,. distribution activities.. 1 of 3 o~; ~~ SECTION 5. That the nonexclusive rights and privileges \`~'"~ which shall be granted unto the concessionaire shall not include catering service to individuals or groups of individuals renting or leasing park building facilities or using. park picnic areas or prevent any .individuals or groups from brining their own food and drinks into .public park areas. SECTION 6. That the servicing and dispensing at such time as the public requires, and the locations of such mobile. carts or wagons or refreshment stands, and the wholesomeness and sanitation of all foods, refreshments, confectionary and beverages be subject to the approval of the Parks Department and the City of Plainview Health Sanitation and Zoning Codes. SECTION 7. That. the concessionaire shall be responsible for the cleanliness of the concession. area and shall not permit garbage or other refuse to accumulate or to gather in or about the mobile cart ar wagon, except in suitable covered garbage receptacles which shall be provided by the Parks Departments. .SECTION 8. That-the concessionaire shall, at his own cost and expense, furnish and maintain in good. usable condition, a sufficient amount of moveable equipment, including, but not limited to, soda fountains, show cases, cash registers, ice cream cabinets, bottle coolers,. popcorn machines, drink dispensers, ~~ refrigerators, coffee urns, tables, etc., as may be necessary to ~,,~ properly furnish the services as needed and in a manner acceptable to .the Parks Department.. SECTION 9. That the concessionaire shall use either members of the Association or their related personnel as needed to properly staff the various concession operations as operated in the parks. The concessionaire shall be responsible for the competency of all personnel staffing the various concession operations, whether they be volunteer or paid personnel. SECTION 10. That the Parks Department shall be responsible for. approving hours of operation and will govern such times according to public needs and demands, SECTION 11. That the various foodstuffs and confections including, but not limited to, candies, popcorn, breads, and soft drinks. shall be of a high quality and subject to various specifications as determined necessary for the Parks Department in keeping with the best interests of the public. All prices shall be posted and competitive with prices as normally found at similar concession operations. .SECTION granted shall sub-contract Department. 12. That the rights and privileges which shall. be not be transferable in nature and no assignment or shall be granted without permission of the Parks 2 of 3 d~~ .SECTION 13. Provided, however, that the. Association shall indemnify and hold the City harmless from any and a1Z acts of its .agents, employees, or any other person aiding and assisting it in l/1~-~`. performing any act or function under the permission and franchise hereby .given .and shall furnish the City of Plainview a certificate showing that it has in force (and it shall keep same in force at all times) 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-Five Hundred Thousand Dollars ($500,000), as protection of any liability for damages of said Association, its agents, employees,. or any other person assisting in the carrying out of, any function authorized hereby, and the same shall, in addition to protecting the Association, provide therein that it will also protect the said City of Plainview. SECTION 14. The Association shall furnish the Parks Superintendent a written financial statement at the end of each fiscal year. The Association shall also be able to prepare, at the request of the Parks Superintendent, a detailed list of all financial transactions. SECTION 15. Association shall within ten (10) days of the execution of this. Agreement by the Mayor of the City of Plainview, file with the City Secretary, a written statement signed in its name and behalf by a duly authorized officer of the Association in the following form:. "E.V. Ridlehuber, Mayor of the City of Plainview: The .Optimist Summer Baseball Program, .for itself, its successors and assigns, hereby- accepts- the. attached Agreements, executed by the Mayor of the City of Plainview the 23rd day of .January 1990, and agrees to be bound by all of its terms and provisions. resident Dated the 31st day of January 1990." SECTION 16. This Agreement shall become effective upon its execution by the parties involved and its acceptance by the Optimist Summer Baseball Program, as required in this Section 15. IN WITNESS WHEREOF, the parties have caused these presents to be executed by their respective representatives, on the days and years herein indicated. ~" , ~~~ . Presi ent E.V. Ridlehuber, Mayor Optimist Summer Baseball Program ~~~ ( "E.V. Ridlehuber, Mayor of the City of Plainview: _, The Optimist Summer. Baseball Program, for itself, its successors and assigns, hereby accepts the attached Agreements, executed by the Mayor of the City of Plainview the 23rd day of January 1990, and agrees to be bound by all of its terms and provisions. resident Dated the 31st day of January 1990." ~ -,. ~.~ ,,, Ali: ,