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.
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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.
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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.
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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
-%.
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