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HomeMy WebLinkAboutR84-773O0 250 RESOLUTION NO. R84-773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, APPROVING A CONTRAC~ W/TH THE SOUTH PLAINS LINES AND TRANSMITTORS FOR USE OF REAL ESTATE FOR RECREATICNAL PURPOSES AND AIYi~ORIZING THE MAYOR TO ~ SAID CONTRAC~ ON BEHALF OF THE CITY OF PLAINVIEW. WHEREAS, South Plains Lines and Transmittors has requested that a recreational area bemade available by the City for use as a radio controlled model airplane flying field; and WHEREAS, the City desires to make a recreational area available to the citizens of Plainviewwhich would prc~ote the building and flying of radio controlled model aircraft, a hobby which is recognized as a healthy and constructive activity: NOW, THEREFORE BE IT RESOLV2DbytheMayorandCityCouncil of the City of Plainview, Texas, h'%attheMayorbe authorized to execute the contract between the City of Plainviewand South Plains Lines and Transmittors as aPproved by the Plainview City Council. PASSED ANDAPPROI/fD this the 27th day of November, 1984. W~L'i'~R S. DODSON, City Clerk MEMORANDUM TO: Jim Jeffers FROM: Bob Richards DATE: November 21, 1984 SUBJECT: "SPLAT" Agreement betweenAttachedtheis ParksC°py of final draftr of Lease/Supervision Agreement negotiated AdvisorYb,~ommittee and representatives of "South Plains Lines and Transmitters Clu Please place this item on the Council Agenda for 1~/27/84. Parks Committee and SPLAT approved changes in Hatchel/Hogge rough draft as follows: a. All permanent improvements placed on the property by SPLAT are to become property of the C~ty of Plainview upon term- ination of Lease Agreement. b. New paragraph states that the City of Plainview will have no duty or responsibility to maintain leased area, ie. SPLAT will water, mow grass, keep property in safe, sanitary condition. Property leased on "as is" basis. c. SPLAT is given authority to operate concessions in accordance with all applicable local Ordinances, State Laws, etc. d. SPLAT its required to furnish and maintain a list of SPLAT Board of Directors/Officers and to furnish a copy of Academy of ~iodel Aeronautics charter - these for City reference only. AS the'~trees along the East perimeter line need to be removed for SPLAT's activities, I requested that they ascertain exact Ease property line ~i:th the Surveyor. Some trees may belong, to the adjacent property owner. This, SPLAT agreed to do, as another site would be required if trees have to remain. Don Pirkey and'Reggie Holland, representing SPLAT met Committee, November 20. 19 ~ .... ~ ..... ' . with the Parks . ~ 8_, -~uu~u an~ a~proved the above chanqes ~n the Lease Agreement. The Parks Board, unanimously, recommends the revised Lease ~o the.Mayor and City Council, as the Committee believes the activities to 'be worthwhile, and no other devel ~s forseen for many years, if at all opment of the property I will be happy to answer a~ questions on this matter Mr. Pirkey or program.Mr. Holland, or both, will at the Council meeting t~ explain SPLAT's State of Texas County of Hale MODEL AIRCRAFT FIELD LEASE AND SUPERVISION AGREEMENT This Agreement, entered into this ?th day of Februaz7 , 19 85 , by and between the City of Plainview, Texas, a municipal corporation, hereinafter referred to as "City" and South Plains Lines and Transmitters, hereinafter referred to as "SPLAT"~ WITNESSETH THAT: WHEREAS, City is the owner of the following described real estate which is available to be used for recreational purposes: Being a 8.488~ acre tract out of the east part of a 54 acre tract as recorded in Vol. ~57, p. 123 of the Hale County Deed -Records, out of the north half of the northwest quarter of Survey No. 38, Block JK-2, Plainview, Hale County, Texas: BEGI~NING at a 5/8 inch steel rod at the intersection of the south right of way line of Industrial Boulevard and the east line of the northwest quarter of Survey No. 38, Block JK-2, Hale County, Texas, said rod bein~ 2640.0 feet S.89°59'10"E., and 50 feet S.0°04'40"W. of the northwest corner~of said survey; Thence S.0°04'40%~. 1271.75 f~et along the east line of the northwest quarter of said survey to the southeast corner of the north half of the north- west quarter of ~aid survey and the southeast corner of said 54 acre tract; Thence N.89058'55"W. 215.95 feet, along the south line of the north half of the northwest quarter of said survey to a steel rod set in the east line of Joliet Streeti Thence N.18~56'30"W. 52.87 feet along the east line of Joliet Street to the southwest corner of a 0.0154 acre sani'tary sewer lift station tract; Thence along the south, east, and north lines of said tract as follows: S89°58'55"E-. 30.0 feet to a point; N.O°Q4'40"E. 20.0 feet to'a point; N.89e58'55"W. 36.89 feet to a point in the east right of way line of Joliet Street: Thence along the east right of way line of Joliet Street as follows: N.18°5~'30"W. 56.16 feet to a point of curvature; l~orthwesterly 253.11 feet around a curve to the right having a radius of 762.5 feet, a central angle of19oOl'lO'', and a chord bearing N.9°25'55"W. 251.95 feet to a point of'tangency' ~.0°04'40"E. 900.08 feet to a 5/8 inch steel rod in the south right of way line of.Industrial BoUleYard; · Thence S.89°59'10"E. 300 feet along the south l~ne of Industrial Boulevard to the POINT OF BEGINNING and containing 8.4882 acre~ Save and except the south 50 feet of the tract herein described. WHEREAS, SPLAT has requested that a recreational area be made available by the City for use asia radio controlled (i].e., "RC") model airplane flying field, and WHEREAS, the City desires to make a recreational area available to the citizens of Plainview which would promote the building and flying of RC model aircraft, a hobby which is recognized as a healthy and constructive activity, and WHEREAS; the successful operation of an RC model flying field, and the protection of the flyers and the general public from improper use of the FCC assigned radio frequencies requires that such a facility be under the super- vision of a competent authority that is familiar with the requirements for proper utilization of these radio frequencies, and WHEREAS, the Academy of Model Aeronautic (i.e., "AMA") is the chartering organization for more than 1600 model airplane clubs across the United States and provides its chartered clubs with substantial insurance and other hobby and professional assistance, and WHEREAS, South Plains Lines and Transmitters (SPLAT) is a chartered club of the Academy of Model Aeronautics, and is well qualified to provide the supervisory services needed for the successful operation of the subject property as a RC model aircraft field. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto do hereby mutually agree as follows: ARTICLE I Demised Property, Use The real property which is to be utilized by SPLAT as a radio controlled model airplane flying field and which is directly subject to this Lease and Supervision Agreement is described as follows: Being a 8.4882 acre tract out of the east part of a 54 acre tract as recorded in Vol. 557, p. 123 of the Hale County Deed Records, out of the north half of the northwest quarter of Survey No. 38, Block JK-2, Plainview, Hale County, Texas: BEGINNING at a 5/8 inch steel rod at the intersection of the south right of way line of Industrial Boulevard and the east line of the'northwest quarter of Survey No. 38, Block JK-2, Hale County, Texas said rod being 2640.0 feet S.89°59'lO"E., and 50 feet S.0°04'40"W. of the northwest corner of said Survey~ Thence S.O°O4'40"W. 1271.75 feet along the east line of the northwest quarter of said survey to the southeast corner of the north ha.lf of-the northwest quarter of said survey and the southeast corner of said 54 acre tract; Thence N.89°58'55"W. 215.95 feet, along the south line of the north half of the northwest quarter of said survey to a steel rod set in the east line of Joliet Street; Thence N.18o56'30"W. 52.87 fee~ along the east li. ne of Joliet Street to the southwest corner of a 0.0154 acre sanitary sewer lift station tract; Thence along the south, east, and north lines of said tract as follows: S.8~v58'55"E. 30.0 feet to a point; N.OvO4'40"E. 20.0 feet to a point; ~1.89°58'55"~. 36.89 feet to a point in the east right of way line of Joliet Street; Thence alRng the east right of way line of Joliet Street as follows: N.18u56'30"W. 56.16 feet to a point of curvature; Northwesterly 253.11 feet around a curve to the right having a radius of 762.5 feet, a central angle of19°Ol'lO~, and a chord bea~ing N.9°25'55"~. 251.95 feet to a point of'tangency N.O~O4'40"E. 900.08 feet to a 5/8 inch steel rod in the south right of way line of Industrial Boulevard; Thence S89°59'10"E. 300 feet along the south line of Industrial Boulevard to the POINT OF BEGII~NING and containing 8.4882 acres, save and except the south 50 feet of the tract herein described. ~he above described property shall be utilized by SPLAT solely for the purpose of operating a RC model airplane flying field and for ancillary and related purposes. No improvements shall be placed upon this property other than those which are specifically approved in writing by the City Council. The City agrees that no other radio operated hobby operations such as radio controlled cars and radio controlled boats, shall be authorized to operate on any other portion of the above described land unless SPLAT certifies in writing to the City that said operations conform to the radio frequency allocations prescribed by the Federal Communications Commission and the Academy of Model Aeronautics. All radio controlled hobby operations conducted on the above described land shall be required to comply with frequency rules and regulations as well as other hObby regulations and restrictions as are from time to time adopted by SPLAT. ARTICLE II Term, Lease Renewal, Cancellation This lease shall have an Initial Term of one (1) year which shall commence immediately upon the full execution hereof by City and b? SPLAT. The said Initial Term shall be followed by a First Renewal Term .of like duration to commense immediately upon the expi~ration of the Initial Term and shall continue from year to year unless 9,0 days prior.to the expiration of any such term, either party-shall give a Notice of Non-Renewal in writing to the other. Either party may cancel this Lease and Supervision Agreement by giving notice in writing thereof to the other at least 90 days prior to the date on which sai~d canc~ellation is to take effect. ARTICLE III Consideration In consideration of the supervisory services and other obligations to be undertaken by SPLAT pursuant to the terms of this Agreement, City hereby agrees to grant SPLAT, its members and guest the right ~to utilize the subject premises for a consideration of $1.00 (one dollar). ARTICLE IV Obligations of SPLAT SPLAT shall have the following obligations under this Agreement: 1. To furnish to the City a list of SPLAT Board of Directors/Executive Officers and shall maintain said list in a current status; to furnish to the City a copy of the SPLAT Charter received from the Academy of Model Aeronautics; 2. To furnish City with evidence of insurance coverage (on an annual basis at least 30 days prior to the date of yearly renewal) showing City ~n additional insured under SPLAT!s. . .Academy-of~MQdel~Aeronaut~cs Insurance coverage..which provides liabil-ity ii~surance cQvera~e, for personal injurS and proper~tydamage_arising out of the o~era, ti~ ~,f ~adi~o~n~r~led model ~ 4 aircraft; this coverage will be in the amount of not less than $300,000.00. SPLAT shall indemnify and hold the City harmless from any and all acts of SPLAT's members, employees, agents or any other person aiding, assisting participating or performing any act or function allowed under the terms of this Lease/Supervision Agreement. 3. To enforce compliance by all users of the field with applicable FCC and AMA regulations and requirements regarding the proper use of the federally assigned radio frequencies; SPLAT shall be responsible for seeing to it that no activities take place on the demised premises that could cause unreasonable risk of harm to the users, or to the general public, or that would in any way jeopardize the AMA insurance coverage that is applicable to the use of the subject premises. Also, it shall be SPLAT's duty to verify that all RC flyers utilizing the facility individually carry AMA insurance coverage for perso.nal injury and property damage in the amount of $300.000.00. 4. To prescribe and enforce reasonable field and flight rules appli- cable to the operation of radio controlled model aircraft at the field. 5. To operate concessions within the area designated by this Agree- ment for SPLAT activities. 6. SPLAT shall maintain the area described in this Lease Agreement in a clean, sanitary, and healthful condition and shall maintain the grounds with irrigation, mowing and such other treatment as may be necessary or appropriate for the maintenance of the premises. The City of Plainview shall not be obligated to maintain said premises in any manner during the terms of this Lease. ARTICLE V Rules Enforcement In the event that legal action is required in order to enforce the rules and regulations applicable to the use of the demised premises, SPLAT shall be entitled to bring such action for the use and benefit of the City, but at no cost or expense to the City. ARTICLE VI Contests and Public Events SPLAT shall have the right to sponsor and to supervise such contests and other public events as may be approved by SPLAT Board of-Directors and to prescribe special rules and.regulations to govern such events. ARTICLE VII Improvements SPLAT agrees that it shall make no alteration or improvement to or on the demised premises except as may be specifically approved in writing by City Council. Upon cancellation of this Lease and Supervision Agreement in accor- dance with Article II, any and all permanent improvements in, on or around the designated lease area shall become the property of the City of Plainview. SPLAT agrees that all alterations or improvements to or on the demised premises shall conform to all applicable Ordinances, Codes and Regulations of the City and shall be inspected and approved by appropriate City officials and departments. ARTICLE VIII Non-Discrimination SPLAT hereby certifies that it does not and will not practice any unlawful discrimination against any person or group on the basis of'race, color, sex, religion, ancestry, national origin, p.hysical or mental handicap, or age. 6 ARTICLE IX Indemnity SPLAT hereby agrees to assume all risk of loss, injury or damage of any k}nd or nature to any person or property including, but not limited to, any building or other structure or the contents thereof, on or off the demised premises, or to any goods, chattels, or other property that may be in or upon the demised premises whether belonging to the City or to others, which results from the flying of radio controlled model aircraft at or over the demised premises; SPLAT hereby agrees to indemnify City, defend it against and hold it harmless from any and all claims, demands, and causes of action arising out of the use of the demised premises as a radio controlled model aircraft field pursuant to this agreement. IN WITNESS WHEREOF, City and SPLAT have executed this Agreement on the day and year first above written. ATTEST: Walter S. Dodson, C~ty Clerk ATTEST: CITY OF PLAINVIEW, TEXAS E.V. Ridlehuber, Mayor AINS LINE,ND TRANSMITTERS 7 ~J = /~*0170'" Ch. oeA Z7~.74' ..~ / R= 33m. o' l.J Cb. ~r,9.. Cb. O~A ~o~.?o' 3 · : ~97 ,~. zsg Ac.