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HomeMy WebLinkAboutR87-262 RESOLUTION NO. R87-262 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE MAYOR TO EXECUTEA LE~SE ~GREEMENT WITH THE OPTIMIST StlMMER B~SEBltLLPROGltAM- WHEREAS, the city of Plainview is the owner of certain land and park facilities located within the city limits of the city of Plainview; and WHEREAS, the optimist Summer Baseball Program desires to use the fields and facilities for organized athletic activity; and WHEREAS, a Lease Agreement, a copy of which is attached and hereby made a permanent part of this Resolution, specifies the terms and conditions between the City of Plainview and the optimist Summer Baseball Program. 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 optimist Summer Baseball Program for use of certain land and park facilities of the City of Plainview. I, sheryl Owen, city Secretary for the city of Plainview, hereby certify that the above Resolution was adopted by the Plainview city council on June 23, 1987. S~YL! OWEN, Ci Y Secretary STATE OF TEXAS cOUNTY OF HALE LEASE AGREEMENT CITY OF PLAINVIEW OPTIMIST SUMMER BASEBALL PROGRA~ WHEREAS, the City of Plainview tract of land and park facilities located within the city limits the city of Plainview; and WHEREAS, the optimist Summer Baseball Program desires to the fields and facilities located on said tract of land is the owner of the following of use for organized athletic activities; and WHERE~S, the City of Plainview and the optimist Summer Baseball Program have considered the needs of said area of Plainview and have determined that the baseball 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 _W~R~REAS, 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 optimist Summer Baseball Program 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 optimist Summer Baseball Program, 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 May 1 through September 1, of the year the following described property located within the corporate limits of the City of Plainview, Hale County, Texas to wit: The six (6) formal plaYing fields at the intersections of S.W. 2nd & Beech, and south of Running Water Draw. These six (6) playing fields are located at the Broadway Street Park area. 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. 1 of 4 It is understood that the Association intends baseball, spectator stands and related facilities to use the activities by the general membership of the Associati~ran~th~ teams that may enter an Association sponsored tournament. This lease shall Association shallhaveterminatethe option°n 1 Septemberto renew of the calendar year. expiration, of the primary term and said option this lease at the may be exercised each year Said option shall be deemed to be exercised by Association unless the City is otherwise notified. II It is understood to maintain and the agreed said that Association shall have the responsibility premises at its expense durJn~ the term of this contract agreement. Ail routine maintenance of Association.Seats' fences,All andi playing surface facilitiesWill be accomplishedwill by the -mprovements than normal routine first maintenance be approved and repairs to the premises other and by the Superintendent of Parks for the City. III The Association It is further shall have control over said premises during termsuch of time this that agreement, it-is being understood used by the Association and its membership, the and agreed that during the priority for .the use of said premises shall be given to the Association. The forCitypublichaS atuseitSifpower the au~or~_~u~ facility deemed necesSary by to the require City. use of the Week advance notice will be given if time Permits. A two (2) The Association and the City will therecreational activities will at that all the times area under cooperate the terms and coordinate of this lease the facility be maintained in the Utmost serviceable condition. agreement,Sh°uld atitanYshallandtimewhicha controvers~ arise in the administration this terms submitted substantially affects the purpose and of hereof, be and to the adjustment, governing bodies of the respective parties for consideration AssociationThe Association shall, shall maintain the premises in good condition Theduring the term of this at lease, its reasonable wear and tear excepted. expense, during the term of this lease, have the responsibility to inspect, maintain, and repair the ~laying fields, spectator stands, fences, and other facilities Used in conjunction with the playing fields. 2 of 4 The Association shall, at its expense, be responsible for the repair of any damage occasioned'to the baseball 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 of each year. 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. The Association agrees to ind. harmless from a~- ' ...... emnify and .......... person o ~M ~n~ all claims f~ ~_=~av~ une Cl~y whol~ rpropert o ' ~ xn3uries - and Associatio,, ..... ~. ccasloned by or a~ · o? damages to any ~ ° *~g~lgence and to s ~,~ ~---s~ng by ~ne reason a_~ ~he Czt~- wh-- ~ of the to indemnify it from~any and all claims for damages or injuries to ~ ,~o~e and harmless and 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 baseball 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 ~o do business in the State of Texas in an amount of not less tha~n 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 Association, provide therein that it will also protect the said City of Plainview. the VII 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 by serving written notice in advance of thirty (30) days minimum. 3 of 4 VII is intended legal that this instrument is written subject to all provisions, and shoul-d a Court of competent~~~ur~Jd~ction 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 23rd _ day of June · 1987. ATTEs T: CITy OF PLAINv~w, TEXAS lessor ATTEST: OPTIMIST SUM)[ER BASEBALL PROGRAM BY Secretary -%. 4 of 4