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HomeMy WebLinkAboutR88-120024 PARKS - BASEBALL RESOLUTION NO. 1t88-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREI~ENT AND A CONCESSION AGltE~ WITH THE OPTIMIST S~ BASEBALL PROGRAM. WHEREAS, the Plainview Optimist Summer Baseball Program has expressed an interest in leasing the six (6) 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 for the Broadway Park Baseball Complex; and WHEREAS, the City of Plainview desires to permit the Optimist Summer Baseball Program to operate concession stands for 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 the 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. I Carla J. Reese, City Secretary for the City of Plainview, hereby certify that the above Resolution was adopted by the Plainview City Council on April 12, 1988. Carla J. R~se, City Secretary STATE OF TEXAS COUNTY OF HALE LEASE AGREEMENT CITY OF PLAINVIEW OPTIMIST SUMNR. R BASEBALL PROGRAM WHE~S, 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 for 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 "A~sociation", 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 May 1 through September 1, of 1988, 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 It is understood that the Association intends to use the 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, 1988. 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 May 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. Ail 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 for the City. III 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 uerm of this agreement, the priority for the use of said premises shall be given to the Association. The City 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 4 027 V The Association shall maintain the premises in good condition during the term of this lease, reasonable wear and tear excepted. The Association shall, at its expense, during the term of this lease, have the responsibility to inspect, maintain, and repair the playing fields, spectator stands, fences, and other facilities used in conjunction with the playing fields. 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 1 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 Ail 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 4 028 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 ofAssociatiOn,Plainview.provide therein that it will also protect the said City 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. A~EST: Carla Reese, City Secretary X 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 l~th day of April , 1988. CITY OF PLAY. NVIEW, TEXAS BY .V. ~DLEHUBER, Mayor lessor 4 of 4 EXHIBIT A POLICY FOR BASEBALL TOURNAMENTS 1. Ail 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) (c) No camping will be permitted. 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. 020 1988 CONCESSION AGREEMENT OPTIMIST SUMMER 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 franchise and permission is granted initially is to include the dates of May 1, 1988, through September 1, 1988, to allow for an evaluation of the performance of the concessionaire and to allow the concessionaire to cease his operations during the time when the park areas are not normally receiving maximum use. 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 3 031 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 or 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 12. That the rights and privileges which shall be granted shall not be transferable in nature and no assignment or sub-contract shall be granted without permission of the Parks Department. 2 of 3 032 SECTION 13. Provided, however, that the Association shall indemnify and hold the City harmless from any and all acts of its agents, employees, or any other person aiding and assisting it in 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 14th day of . April , 1988, and agrees to be bound by all of its terms and provisions. Dated the 13~ day of ~r:l , 1988." 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. · Optimist Summer Baseball Program E.V. Ridlehuber, Mayor Date April 14, 1988 Date 3 of 3