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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