HomeMy WebLinkAboutR86-106064
~SOLUTION NO. R86-106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT WITH
THE PLAINVIEW SLOW-PITCH SOFTBALL ASSOCIATION.
WHEREAS, the Plainview Slow-Pitch Softball Association has
expressed an interest in leasing 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 Slow-Pitch Softball Association;
WHEREAS, a copy of the proposed lease agreement is 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 with the Plainview Slow-Pitch Softball
Association, a copy of which is attached.
ATTEST:
PASSED AND APPROVED this the 13th day of May, 1986.
SHERY~ OWEN, Interim City Clerk
LEASE. AGREEMENT
CITY OF PLAINVIEW-PLAINVIEW sLow-PITCH SOFTBALL ASSOCIATION
STATE OF TEXAS S
COUNTY OF HALE S
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 Slow-Pitch 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 Slow-Pitch
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 also be used by the Association for athletic
activities of the members and teams within its organization; and
WHEREA~, 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 Slow-Pitch 'Softball
Association as athletic facilities for the general membership of its
organization.
NOW THE~RFORE, in order to accomplish this purpose, it is
agreed by and.between the City of Plainview, hereinafter referred to
as "City'-' and the Plainview Slow-Pitch Softball Association,
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 five (5) months, beginning April 1 through September 1,
1986, 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
athletic activities by the general membership of the Association and
other teams that may enter an Association sponsored tournament.
This lease shall terminate on 1 September 1986. 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 i April, annually and shall terminate on 1
September 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.
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.
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
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.
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 1 September and' until 1' April each year if this
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.
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
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
Three Hundred Thousand Dollars ($300,000), 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.
VIII
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 for cause, by serving
written notice in advance of thirty (30) days minimum.
IX
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
· 1986.
day of ~/
CITY OF PLA!/TUIEW, ffEXAS
~.V. RIDLEHUBER, Mayor
lessor
ATTEST:
SHERY~ OWEN, Interim City Clerk
PLAINVIEW SLOW ~I~C~'SOF~BA~/ASS~ION