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HomeMy WebLinkAboutR89-170174 PARKS - SOFTBALL COMPLE~ LEASE - YMCA RESOLUTION NO. R89-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH THE PLAINVIEW YMCA. 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 desires to lease said facilities; and WHEREAS, the Plainview YMCA has proposed to run an Adult Softball Program during the fall of 1989; and WHEREAS, the City of Plainview desires to lease said facilities to the Plainview YMCA; and WHEREAS, copies of the proposed Lease 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 the City of Plainview, Texas, that the Mayor is hereby authorized to execute a lease agreement with the Plainview YMCA. Passed and Approved this 8th day of August, 1989. __ , ~ E.V. Ridlehuber, Mayor Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough ~. Director of Municipal Services APPROVED AS TO FORM: David -~lackburn City Attorney 175 STATE OF TEXAS COUNTY OF HALE LEASE AGREE~RNT CITY OF PLAINVIEW PLAINVIEWYMCA 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 YMCA 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 'fMCA 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 YMCA as athletic facilities for the general membership of its organization. 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 YMCA 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 Plainview YMCA, 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 two (2) months, beginning at 12:01 A.M., September 2, through 11:59 P.M., November 1, 1989, 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. 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 1 of 6 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., November 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 June 1. 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. 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 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. 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. 2 of 6 177 E. Electrical Costs. Association agrees to be responsible for 100%, up to $400.00 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 September 2, 1989, and again the morning of November 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 $200.00. 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. 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. 3 of 6 17g 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 submi%ted 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 ~ields. 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 November 1, and until September 2 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. VI Upon termination of this lease, the Association shall have the option to request in writing by June 1 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). 4 of 6 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 ~han 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 prote~t the said City of Plainview. IX This lease agreement may be terminated at an¥~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 6 180 EXECUTED THIS 8th A~ST: ~_ Carla Re, se, City Secretary day of August , 1989. CITY OF PLAINVI~, TEXAS BY ~~~/ E.Vf RIDLEHUBER, May Lessor APPROVED AS TO FORM: David Blackburn, City Attorney Secretary ~fMCA,Executive Directo 6 of 6 181 EXHIBIT A POLICY FOR TOURNAMF/FfS 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 YMCA (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.