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HomeMy WebLinkAboutR79-184I CITY OF PLAINVIEW RESOLUTION NO. R79-184 O0 07¢-: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE PLAINVIEW INDEPENDENT SCHOOL DISTRICT FOR JAYCEE BALL FIELD. WHEREAS, THE City of Plainview is the owner of Jaycee Ball Fi~eld and Park facilities located within the City limits of the City of Plain- view; and WHEREAS, the Plainview Independent School District.desires to use the Jaycee Baseball Field and facilities located thereon for school athl-eti~cs activities between December 1, 1979 and May 31, 1980; and WHEREAS,the City of Plainview and the Plainview Independent School District have considered the needs of said area of Plainview and have determined that the baseball field and related facilities can be used as ~pa~k'if~r~ t~e:~p]ea~u~e~a~dfreC~a~io~ of.~he: genera~ipubt~c and ~!so be used by the school for athletic activities of the students attending school; 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 for the public and by the Plainview Independent School District as athletic facilities for students' attending school; and WHEREAS, all provisions stipulated in the Lease Agreement between the City of Plainview and the Plainview Independent School District shall be incorporated in full in this Resolution: NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council of the City of Plainview, Texas to authorize the Mayor to execute a Lease Agreement with the Plainvi. ew Independent School District for the use of Jaycee Base- ball field. PASSED AND APPROVED this the 27th day of November, 1979. ATTEST: WALTER S. DODSON,: ~City C1 erk LEASE AGREEMENT CITY OF PLAINVIEW - PLAINVIEW INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS COUNTY OF HALE WHEREAS, the City of Plainview is the owner of the follow- ing tract of land and park facilities located within the city limits of the City of Plainview; WHEREAS, the Plainview Independent School District desires to use the baseball field and facilities located-on said tract of land for school athletic activities; and WHEREAS, the City of Plainview and the Plainview Independent School District have considered the needs of said area of Plain- view and have determined that the baseball field and-related facilities can be used as a park for the pleasure and recreation of the general public and also be used by the school for athletic activities of the students attending school; 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 for the public and by the Plainview Independent School District as athletic facilities for students attending school. 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 Plainview Independent School District, here- inafter referred to as "School", each acting by and through its officers heretofor duly authorized; For and in the consideration of the mutual keeping of the covenants and agreements herein contained 0n the part of the City and School, the City does hereby lease to. the School for a period of six months, beginning December 1, 1979 through May 31, 1980, the following described property located within the corporate city limits of the City of Plainview, Hale County, Texas, to wit: The formal playing field lying between SoUtheast of 1st Street, on the boundary, Broadway Street on the West boundary, South Beech Street on. the East boundary, Southeast 4th Street on the South boundary. Field is located due south of Shelterhouse. Lease does not include any parking facilities. and the baseball field, spectator stands and related facilities located on this property. It is understood that the School intends to use the baseball field, spectator stands and related facilities for athletic activities of the students attending school This lease shall terminate on May 31, 1980. The school shall have the. option of renewing the lease upon the same terms and conditions for ar~ additional five year term, provided the City Council of the C~ty of Plainview, Texas, ratifies and confirms said lease for an additional five year period. In the event this lease is renewed and extended, the School shall have the right to use and possession of' the premises during the following periods. 1. February l, 1980 through May 31, 1980 2. December l, 1980 through May 31, 1981 3. December l, 1981 through May 31, 1982 4. December l, 1982 through May 31, 1983 5. December l, 1983 through May 31, 1984 II It is understood and agreed that any ~mprovements made on said premises other than normal routine repair and maintenance to the baseball field and spectator stands and related.facilities must first be approved by the City Council, City-of Plainview, Texas. III The School shall have control over said premises during such time that it is being used by the School for student and athletic activities. It is further understood and' agreed that during the term and time that School is in session, .that prior- ity for the use of said premises shall be given to the School and its authorities for use as a baseball field and other re- lated purposes for students of the school, its teachers, faculty and supervisors. IV 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 at such other times that the~School may normally require use of the premises for School activities. Should any controversy arise in the administration of this agreement, and which substantially affects tho purpose and terms hereof, it shall be submitted to. the governing bodies of the - respective parties for consideration and adjustment. V The School shall maintain the premises in good condition during the term of this lease, reasonable wear and tear excepted. On or before December 1, 1979, the property shall be in- spected by representative of the School and a representative of the City for the purpose of determining the condition of the premises. On or about May 31, 1980, a representative of the School and a representative of the City shall again inspect the property to determine the condition of the Premises. 'The School shall, at its expense, during the term of this lease, have the responsibility to inspect, maintain, and repair the baseball diamond, spectator stands, and other facilities used in conjunction with the baseball field. In the event this lease shall be renewed and extended as provided herein, a representative of the School and a. representa- tive of the City shall, on or before December 1 of each year, inspect the property to determine the condition of the premises. A representative of the School and a representative of the City shall, on or about May 31 of each year, again inspect the property to determine the condition of the premises. The School shall, at its expense, be responsible for the repair of any damage occasioned to the baseball diamond, 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 School. In the event this lease is renewed and extended for an additional term of years as provided herein, the School shall not b~ required to maintain and repair ~he baseball ~liamond, spectator stands and o~her facilities .used in conjunction with the baseball field during the period June 1 t~rough November. 30 of each year, and the School shall not be responsible for. the payment of any expense incurred as the result of vandalism to the property during the period June 1 through November 30 of each year. During the term of this lease or any renewal and extension thereof, the School shall, at its expense, fertilize the grass at least once each year. The date on which the grass is to be fertilized shall be determined by the City. The City shall, at its expense, mow the grass and water the grass on the baseball field. The time and hours for water- ing the grass shall be coordinated, with the School so as not to conflict with student athletic activities. VI Upon termination of this lease, the School shall have the option of renewing the lease upon the same terms and Conditions for an additional year term, provided- the City Council of the City of Plainview, Texas, ratifies and confirms said Lease for an additional ~ year period. VII The School 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 school'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 School or its agents in the. use of the baseball field and re- lated facilities. VIII This lease contract may be terminated at any 'time by mutual agreement of both the School and'the City. - IX It is intended that this instrument is written S~b~ect all legal provisions, and should a Court ?f¢ompetentjuri diction declare any word, phrase, clause, graph as being invalid for any reason, it' lsat he intention of the parties that theremaining' ' 'provislons' shall'" 'remain' ~ lin' force and effect.' EXECUTED THIS 27th day of November , 1979. ATTEST: CITY OF PLAINVIEW, TEXAS ,p~. RoDert Waylaid, ~Vor ' Lessor -- ATTEST': PLAIN~ INDEPENDENT SCHOOL DISTRICT Secretary