HomeMy WebLinkAboutR89-119PARKS - SOFTBALL FIELDS - OPTIMIST TOURNAMENT RESOLUTION NO. R89-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
A LEASE AGREEMENT WITH THE NOON OPTIMIST CLUB OF
THE CITY OF PLAINVIEW FOR USE OF THE SOFTBALL
COMPLEX IN RUNNING WATER DRAW REGIONAL PARK FOR
THE THIRD WEEKEND OF APRIL, 1989.
Whereas, the City of Plainview is the owner of certain land
in the park facilities located within the City limits of the City
of Plainview; and
Whereas, the Plainview Noon optimist Club desires to use
fields and facilities located in the Running Water Draw Regional
park within the City limits of the City of Plainview; and
Whereas, for several years the City of Plainview and the
Plainview Noon Optimist Club have entered into a Lease Agreement
to allow a softball tournament sponsored by the Plainview Noon
optimist Club to be conducted during the third weekend of April;
and
Whereas, the Plainview Noon Optimist Club has exercised their
option to renew said Lease for 1989.
Now, Therefore, Be It Resolved by the City Council of the
City of Plainview, Texas, that the Mayor is hereby authorized to
execute a Lease Agreement between the City of Plainview and the
Plainview Noon Optimist Club for use of the softball complex in
the Running Water Draw Regional Park for a softball tournament to
be held on Friday, Saturday and Sunday, the third weekend of
April, 1989, being April 21-23, 1989.
Passed and approved this 14th day of Ma~ch/o~%8~- I ~
E.V. Ridlehuber, Mayor
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
Mike McDonough, Director of Municipal Services
APPROVED AS TO FORM- ·
David Blackburn, City Attorney
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STATE OF TEXAS
COUNTY OF HALE
LEASE AGREEMENT BETWEEN
CITY OF PLAINVIEW AND NOON
OPTIMIST CLUB
WHEREA~, the City of Plainview is the owner of certain parks
and park facilities located within the City limits of the City of
Plainview; and
WHEREAS, the Plainview Noon Optimist Club desires to use the
fields and facilities located at said parks within the City limits
of the City of Plainview; and
WHEREA~, the City of Plainview has determined that such use of
the parks and park facilities would be beneficial to the citizens
of the City of Plainview under the terms and conditions set forth
in this Lease.
NOW, T~RREFORE, in order to accomplish this purpose, it is
agreed by and between the City of Plainview, hereinafter referred
to as "City", and the Plainview Noon Optimist Club, hereinafter
referred to as "Club", each acting by and through its officers
heretofore duly authorized; for and in consideration of the mutual
keeping of the covenants and agreements herein recited:
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ARTICLE I. PARK PROPERTY LEASED.
The City does hereby lease that portion of Running Water Draw
Park containing the dedicated Softball Fields identified as Fields
No.'s 1, 2, 3, & 4. These four (4) fields are located South of
3600 West 4th Street, and North of Running Water Draw. The fields
are located within the Running Water Draw Regional Park Complex.
The lease does include the playing fields, spectator stands and
related facilities located within the park. The lease does not
include the public parking facility which will remain a public use
facility.
ARTICLE II. TERM.
The term of this lease is the third weekend of April, being
from 12:01 a.m., April 21, 1989, thru 11:59 p.m. and April 23,
1989. 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 satisfied by the City of
Plainview, it will commence on the third Friday of April annually
and shall terminate on the third Sunday of April of that same year.
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ARTICLE III.
~ENERAL TERMS AND CONDITIONS.
A. Use of Facilities. The Club 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 Club. 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.
B. Crowd Control.
(1) Club 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 Club 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. Club 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.
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063
C.. Compliance with Law. Club 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. Club shall also
comply with all Administrative Policy's and Regulations of the City
of Plainview regarding the usage of Park facilities.
D. Electrical Costs. Club agrees to be responsible for all
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 April 21, 1989, and again the
morning of April 24, 1989. Southwestern Public Service shall
compute and provide the cost figure to City, and Club shall
promptly pay City such amount upon tendering of the bill.
E. Custodial Duties. Club is responsible for general
maintenance and custodial services of the based facilities. In the
event maintenance and/or custodial services are necessary after the
expiration of this Lease to return the leased facilities to the
pre-lease state, City may either request Club to perform such or
bill Club for the costs associated with such clean-up.
F. Damage to Facilities. Club 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 City.
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064
G. Concession Facilities. Club is authorized to operate in
concession facility during the term of this lease. Location and
utility service to said facility shall be subject to approval of
City.
H. Insurance. Club shall furnish to City a certificate of
insurance specifying general liability coverage in effect for the
term of this Lease covering the facilities leased and the
activities proposed and naming City as an additional insured. Said
insurance shall be in an amount of not less than Five Hundred
Thousand Dollars ($500,000.00). Said certificate shall be tendered
to City no later than fourteen days (14) prior to the beginning
date of this Lease.
I. Adjustments in Lease. Should at any time a controversy
arise in the interpretation or administration of this Lease, and
which substantially affects the purpose and terms hereof, it shall
be submitted to City and Club for consideration and adjustment.
J. Hold Harmless. Club agrees to indemnify and save City
harmless from any and all claims for injuries or damages to any
person or property occasioned by or arising by the reason of the
Club's negligence.
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065
ARTICLE IV.
TERMINATION.
This Lease shall terminate under the provisions of Art.
by a violation of Club of any other provision of this Lease.
II or
Upon termination of this lease, the Club shall have the option
to request a renewal of this lease bearing the same terms and
conditions for an additional one year (1) year period, provided the
City ratifies and confirms said lease for the requested period.
EXECUTED THIS THE 15th DAY OF March
, 1989.
By: 'E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
PLAINVIEW NOON OPTIMIST CLUB
' ~resident', 9.1~T~i~ ~oon
optimist Club
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