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HomeMy WebLinkAboutR89-112030 PARKS - SOFTBALL COMPLEX LEASE RESOLUTION NOo R89-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE PLAINVIEW SLOWPITCH SOFTBALL ASSOCIATION. WHEREAS, the City of Plainview currently has four formal playing fields located within the Running Water Draw Regional Park Complex; and WHEREAS, the City Council of the City of Plainview desires to see that said fields and facilities be used for organized athletic activity so as to give all interested adults in the City of Plainview an opportunity to participate in a recreational program of slowpitch softball, and at the same time minimize the operational cost of such a program to City residents of Plainview; and WHEREAS, to reach the goals of providing such a program at the least expense to the citizens of Plainview, the City Council of the City of Plainview desire to lease said facilities; and WHEREAS, the Plainview Softball Association has exercised their option to renew their previous lease for the four formal playing fields located within the Running Water Draw Regional Park Complex; WHEREAS, the City of Plainview desires to lease said facilities to the Plainview Slowpitch Softball Association; and WHEREAS, copies of the proposed Lease Agreement are attached to this Resolution and hereby made a permanent part thereof. NOW, THERFORE, BE IT RESOLVED by the Mayor and the City Council of the the City of Plainview, Texas, that the Mayor is hereby authorized to execute a lease agreement with the Plainview Slowpitch Softball Association. Passed and approved this the 14th~ E.V. Ridlehuber, Mayor Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough ~ Director of Muncipal Services ~.TO FORM: David Blackb~r~- City Attorney 031 STATE OF TEXAS COUNTY OF HALE LEASE AGREEMENT CITY OF PLAINVIEW PLAINVIEW SOFTBALL ASSOCIATION 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 Plainview Softball Association 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 Plainview Softball Association have considered the needs of said area of Plainview and have determined that the softball fields and related facilities can be used as a park for the pleasure and recreation of the general public and by the Plainview Softball Association as athletic facilities for the general membership of its or gani z at ion. WHEREAS, substantial saviqgs 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 Softball Association as athletic facilities .,~.or 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 Plainview Softball Association, hereinafter referred to as "Association", each acting by and through its officers heretofore duly authorized; 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 six (6) months, beginning at 12:01 A.M., March 1, through 11:59 P.M., September 1, 1989, save and except previously contracted activities scheduled for these facilities by the Plainview Noon Optimist Club for the third weekend, (Friday, of , and those days the Saturday, and Sunday) of April each year facilities are scheduled for utilization in conjunction with Sunfest activities, the following described property located within the'corporate limits of the City of Plainview, Hale County, Texas to wit: The four (4) formal playing fields lying south of 3600 West 4th Street, and north of Running Water Draw. These four (4) playing fields are located within the Running Water Draw Regional Park Complex. 1 of 6 : 032 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. It is understood that the Association intends to use the softball fields, 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 at 12:59 P.M., September 1, 1989. The Association shall have the obligation each year to submit to the City a formal written request for renewal of this lease prior to January 15th. In the event the Association requests renewal of this lease, terms may be renegotiated. II A. General Maintenance. 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. B. Use of Facilities. The Association shall have the responsibility to control all operations necessary for the use of the facilities during the term of this lease. Preparation of the playing fields and facilities are the responsibility of the Association° Access to the fields for preparatory work on the fields prior to the commencement of this lease may be gained by coordinating with the Parks Superintendent and with his approval. C. Crowd Control. (1) Association shall be responsible for the control of all participants and spectators and users of the fields and facilities during the term of this lease. (2) It shall be the responsibility of Association to provide adequate supervision over all activities. The Parks Superintendent, at his discretion, may require the use of security guards, which may be off-duty Plainview Policemen. Association will be responsible for paying for the service of said security personnel. Disturbances will not be permitted and if a disturbance does occur, the Plainview Police Department or the Parks Superintendent may order the facilities closed and this lease terminated. 2 of 6 033 D. Compliance with Law. (1) Association shall comply with all federal, state, and local laws as such pertain to the usage of the park and parks facilities during the term of this lease. Association shall also comply with all Administrative Policy's and Regulations of the City of Plainview regarding the usage of Park facilities. E. Electrical Costs. Association agrees to be responsible for 100%, up to $800.00 of the electrical service used during the term of this lease. Said service shall be determined by a Southwestern Public Service reading of the meter the morning of March 1, 1989, and again the morning of September 2, 1989. Southwestern Public Service shall compute and provide the cost figure to City, and Association shall promptly pay City such amount upon tendering of the bill. F. Repairs to Lights. The Association agrees to be responsible for 100% of the cost of replacement of the light fixtures up to a total of $300.00 G. Custodial Duties. The Association is responsible for general maintenance and custodial services of the facilities. In the event maintenance and/or custodial services are necessary after the expiration of this lease to return the leased facilitates to the pre-lease state, City may either request the Association to perform such or bill Association for the costs associated with such clean-up. The Association shall assume all responsibility to prepare the infield area for play and the City will water and mow the outfield area on a normal park maintenance schedule. In the event the park maintenance schedule does not meet the needs of the program, the Association will mow the outfield grass at his/their expense, or will cancel the games until mowed by the Park Department, on the regular parks maintenance schedule. H. Damage to Facilities. The Association is responsible for any damage to the leased facilities incurred during the term of this lease. Any repairs needed and the means and manner in which said repairs are to be accomplished shall be determined by the City. I. Concession Facilities. Association is authorized to operate a concession facility during the term of this lease. Location and utility service to said facility shall be subject to approval of City. The operation of such concession activities must be based on a Concession Agreement executed between the Association and the City. 3 of 6 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 term 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 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. 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 softball 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 March 1 of each year if contract is renewed. 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. 4o-1=6 VI Upon termination of this lease, the Association shall have the option to request in writing by January 15 of the following year a renewal of this lease provided the City ratifies and confirms said lease for the requested period. VII Ail tournaments taking place at the leased facilities during the term of this contract shall comply with the Policy 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 softball field and related facilities. The Association 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 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 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. 5 of 6 EXEC~ED T~IS 15th Carla Reese, City Secretary day of February , 1989. CITY OF PLAINVIEW~ TEXAS E. V. RIDLEHUBER, Mayor Lessor PLAINVIEW SOFTBALL ASSOCIATION Pre~fdent, Board of Directors ATTEST: Secretary 6 of 6 EXHIBIT A POLICY FOR TOURNAMF/qTs 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 calendared along with regular season schedules. 2. The Plainview Softball Association (hereinafter called "Association") shall be responsible for all tournaments staged in the Running Water Draw Regional Park Softball Complex. 3. A Tournament Director and one assistant shall be appointed by the Association 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 Association 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 Association 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. 1989 CONCESSION AGREE~RNT PLAINVIEW SOFTBALL ASSOCIATION 087 AN AGREEMENT GRANTING TO THE PLAINVIEW SOFTBALL 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 Plainview Softball Association (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 Plainview Softball Association 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: Running Water Draw Regional Park. SECTION 3. The term for which this franchise and permission is granted initially is to include the dates of March 1, 1989, through September 1, 1989, 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 no permanent facility shall be used during this time period, but that mobile type equipment shall be used. The mobile type equipment shall be maintained in an attractive and safe condition as approved by the Parks Superintendent. 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. 1 of 3 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. SECTION 13. 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 th 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 2 of 3 039 of the Association or its agents in the use of the softball fields and related facilities. The Association 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 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 or damages of said Association, its agents, employees, or any other person assisting in the carrying out of any function authorized hereby, 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 Plainview Softball Association, for itself, its successors and assigns, hereby accepts the attached Agreements, executed by the Mayor of the City of Plainview the 15th day of February , 1989, and agrees to be bound by all of its terms and provisions. ~e'~sidentP~~ SECTION 16. This Agreement all become effective upon its execution by the parties involved and its acceptance by the Plainview Softball Association 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. Plainview Softball Association Date ' ~ E.V. Ridlehuber, Mayor February 15, 1989 Date 3 of 3 "E.V. Ridlehuber, Mayor of the City of Plainview: The Plainview Softball Association,. for itself, its successors and assigns, hereby accepts the attached Agreements, executed by the Mayor of the City of Plainview the 15th day of February , 1989, and agrees to be bound by all of its terms and provisions. ~;l~A/X ~ ~~ ~resi~ent- - ' Dated the ~ day of ~P~ 1989."