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HomeMy WebLinkAboutR82-479RESOLUTION No. R82-479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING THE Y~kYOR TO ENTER INTO AN ME~4ORANDUM AGREEMENT BETWEEN THE CITY OF PLAINVIEW AND PLAINVIEW MUNICIPAL COUNTRY CLUB. WHEREAS, a proposed Lease Agreement has been presented to the City of Plainview to proceeding memorandum ofagreement and lease ent:ered into by the City of Plainview and Plainview Country Club date November 9th, 1976; and WHEREAS, this agreement leases subscribed tracts of land and improve- ments to the Plainview Country Club for four (4) years ending November 9, 1986, with options to renew the lease for an additional ten (10) years, five (5) years, an additional five (5) for a total of twenty-four (24) years; and WHEREAS, this lease expressly provides that the City shall not be responsible nor incur on behalf of the Club and maintenance expense, capital improvements expense, or any other expense of any kind whatsoever during the term of this lease or any renewal thereof; and WHEREAS, the City reserves.the right to use a lease premises or any portion thereof when necessary in the City's sole discretion for the health, safety or general Welfare of its citizens; and WHEREAS~7 the City relinquishes any right to approve green fees which the club may charge the general public for the privilege of playing on the golf course, however, the club agrees the green fee shall not exceed what it is customarily charge by comparative Country Clubs of this same or similar size in this area, and that the general public will have the same and equal rights to use the golf course as any Country Club member; and WHEREAS, in the event the Country Club Should fail or neglect to pay its bills in cost in connection with the club or pay the insurance premiums, or violate any provisions of this lease, than the city shall have the right to declare these lease null and void, and the possession of the premises lease shall hereby be delivered to the City of Plainview: NOW, THEREFORE BE IT resolved by the Mayor and City Council of the City of Plainview that the Mayor be authorized and directed to execute said lease on behalf of the City of Plainview. PASSED AND APPROVED this the 26th day of January, 1982. WALTER S DODSON, City Clerk STATE OF TEXAS COUNTY OF HALE MEMORAI~4 OF AGREEb~NT AND LEASE THIS Memorandum of Agreement and Lease entered into by and between the CITY OF PLAINVIEW, hereinafter called "CITY," acting. by its Mayor, duly ~thorized by iresolution adopted by the City Council, and the PLAINVIEWMUNICIPAL COUNTRY CLUB, hereinafter called "CLUB," an organization acting herein by T. COE BRANCH, President, hereunto duly authorized by resolution of the Board of Directors of said Club,~is to wit~ss: That the City is the owner of the following described property, to-wit: Ail of that certain tract or tracts of land described as First Tract, Second Tract, and Third Tract in Warranty Deed dated the 19th day of February, 1943, from Milton Pool and wife, Margaret J. Pool, to the City of Plainview, ~and recorded in Volume 146, Page 432, Deed Records of Hale County, Texas; Ail of that certain tract of land described in Warranty Deed from E. E. Slaughter and wife, Della Slaughter, to the City of Plainview, dated the t4th day of July, 1951, and recorded in Volume 218, Page 421, Deed Records of Hale County, Texas; Ail of that certain tract of land described in Warranty Deed from J. D. Spann and wife', Vera Spann, to the City of Plainview, dated December 3, 1969, and recorded in Volume 510, Page 5.43, Deed Records of Hale County, Texas. To all of which deeds reference is here made for a full deS- cription of said premises and for all pertinent purposes; together with all permanent improvements situated on above described premises. The Club has constructed upon the above described tracts a club house, swimming pool, pro-shop, and an 18 hole golf course, with irri- gation lines and irrigations wells, and other facilities, all Paid for out of the funds belonging to the Club. That the City does'hereby lease, let and rent the above described tracts to the Club for a period ending November 9, 1986, and with options to renew the lease for additional ten (10) year, five (5) year, and five (5) year periods, respectively, on the same terms, conditions, and rentals as herein provided. As rental and as consideration enuring to the. City of Plainview for this Lease, the Club agrees to maintain that portion of the ore- mises used as a golf course and to pay any and all cost and expense of maintaining the same as a golf course, and to pay for any and all improvements thereon, any and all expense of building material, ex- penses for labor or other operating costs, and to hold the same open to the general public as a golf course, that is, to permit the general pnbli¢ to use same and to play golf on same. In this connection, it is estimated by and between the parties hereto that the cost of main- taining said golf course, keeping the greens in good condition, cutting grass, paying for the salary of employees, including manager of the golf course and incidental expenses to the golf course is at least and approximately $30~,000.00 per year, over and above green fees collected, thereby placing as a monetary value enuring to the City of Plain~iew for use of same to the general public as a golf course in an amount in excess of $100.00 per acre per year, which is agreed would'be a reasonable monetary sum if paid in cash to the City for this Lease. In addition, the Club agrees to pay all costs'of the operation of said Club, costs of maintaining all improvements placed thereon, any building material,~expense for labor or other operating costs; and fully agrees to protect and hold harmless the City from any and all claims or damages in connection with the operation of said Club. The Club agrees to hire all help and employees necessary to operate said Club, and to pay their salaries and wages, and further agrees to carry Workman's Compensation on all such employees engaged by the Club in its operation; and also agrees to pay the premium therefor and the premiu~ for public liabilitY in the operation of the Club. It is expressly provided that the City shall not be responsible to indemnify the Club nor incur on behalf of the'Club or itself any Memorandum of Agreement and Lease - Page Two maintenance expense, capital improvement expense, or any other expense of any kind whatsoever during the term of this Lease or any renewal thereof. City reserves the right to use the Lease premises or any portion thereof when necessary in the City's sole discretion for the health, safety, or general Welfare of its citizens. The City relinquishes any right to approve green fees which the Club may charge the general public for the privilege of playing on said golf course. However, the Club agrees that green fees shall not exceed what is customarily charged by comparable country clubs of the same or similar size in this .area. It is further understood and agreed that the general public shall have the same and equal rights to use the golf course as any country club member. The Club represents, and the City acknowledges, that the Club. has' had sole control and operation of the golf course and its facilities since the date of the above deeds. This Lease contract is made and entered into for the purpose of putting in writing the conditions and method by which said_Club has' operated during a%l of these years. In the event the Club should fail or neglect to pay all its bills and'costs in connection with the operation of said Club, or to pay the insurance premiums, or violates any of the provisions of this Lease, then the City shall have the right and option to declare this Lease. null and void, and possession of the premises leased hereby shall in such event be delivered to the City of Plainview. 1982.EXECUTED IN DUPLICATE ORIGINALS, this ~ day of ~~ , Walter S. Dodson, City Clerk CITY OF PLAINVIEW J. 'R6bert Way%an~/Ma~o'r '-- ~'~ PLAINVIEW MUNICIPAL COUNTRY CLUB '. toe Branch~ President Memorandum of Agreement and'Lease - Page Three