HomeMy WebLinkAboutR88-121033
PARK~ - SOFTBALL COMPLEX LEASE
RESOLUTION NO. R88-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS AWARDING A BID AND AUTHORIZING
THE MAYOR TO EXECUTE A LEASE AGREEMENT FOR THE
USE OF THE RUNNING WATER DRAW REGIONAL PARK
SOFTBALL COMPLEX.
W~RREAS, the City of Plainview currently has four formal
playing fields located within the Running Water Draw Regional Park
Complex; and
WHEREAS, the City Council of the City of Plainview desires to
see that said fields and facilities be used for organized athletic
activity so as to give all interested adults in the City of
Plainview an opportunity to participate in a recreational program
of slow-pitch softball, and at the same time minimize the
operational cost of such a program to City residents of Plainview;
and
WHEREAS, to reach the goals of providing such a program at
the least expense to the citizens of Plainview, the City Council of
the City of Plainview desires to lease said facilities; and
WHEREAS, bids have been advertised for and tabulated and are
hereby attached and made a permanent part of this Resolution.
NOW, T~RREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Plainview, Texas that the bid for the use of the
four formal playing fields and associated softball complex located
within the Running Water Draw Regional Park Complex be awarded to
Plainview Softball Association and;
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to
execute a lease agreement to Plainview Softball Association
for the use of the softball complex for the 1988 season.
I Carla J. Reese, City Secretary for the City of Plainview,
hereby certify that the above Resolution was adopted by the
Plainview City Council on April 12, 1988.
Carla J. ~ese, City Secretary
034'
LEASE AGREF24~Tr
CITY OF PLAINVIEW - PLAINVIEW SOFTBALL ASSOCIATION
STATE OFTEXAS ~
COUNTY OFHALE
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 Softball Association desires to use
the fields and facilities located on said tract of land for
organized athletic activities; and
W~R. REAS, the City of Plainview and the Plainview 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 by the Plainview Softball Association
as athletic .facilities for the general membership of its
organization.
WHEREAS, 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 Softball
Association 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 Plainview 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 at 12:01 A.M., April
13, through 11:59 P.M., September 1, 1988, save and except
previously contracted activities scheduled for these facilities
from 12:01 A.M., April 22, 1988 through 11:59 P.M., April 24,
1988 and those days the facilities are scheduled for utilization
in conjunction with Sunfest activities on July 2, 3, 4, 1988, 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.
035
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 at 12:59 P.M., September 1, 1988.
The Association shall have the obligation each year to submit to
the City a formal written request for renewal of this lease prior
to January 15th. In the event the Association requests renewal
of this lease, terms may be renegotiated.
II
A. General Maintenance. 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.
Ail 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.
B. Use of Facilities. The Association shall have the
responsibility to control all operations necessary for the use of
the facilities during the term of this lease. Preparation of the
playing fields and facilities are the responsibility of the
Association. Access to the fields for preparatory work on the
fields prior to the commencement of this lease may be gained by
coordinating with the Parks Superintendent and with his approval.
C. Crowd Control.
(1) Association shall be responsible for the control of
all participants and spectators and users of the fields and
facilities during the term of this lease.
(2) It shall be the responsibility of Association to
provide adequate supervision over all activities. The Parks
Superintendent, at his discretion, may require the use of
security guards, which may be off-duty Plainview Policemen.
Association will be responsible for paying for the service of
said security personnel. Disturbances will not be permitted and
if a disturbance does occur, the Plainview Police Department or
the Parks Superintendent may order the facilities closed and this
lease terminated.
036
D. ComDliance with Law.
(1) Association shall comply with all federal, state,
and local laws as such pertain to the usage of the park and parks
facilities during the term of this lease. Association shall also
comply with all Administrative Policy's and Regulations of the
City of Plainview regarding the usage of Park facilities.
E. Electrical Costs. Association agrees to be responsible
for 100%, up to $800.00 of the electrical service used during the
term of this lease. Said service shall be determined by a
Southwestern Public Service reading of the meter the morning of
April 13, 1988, and again the morning of September 2, 1988.
Southwestern Public Service shall compute and provide the cost
figure to City, and Association shall promptly pay City such
amount upon tendering of the bill.
F. Repairs to Lights. The Association agrees to be
responsible for 100% of the cost of replacement of the light
fixtures up to a total of $300.00.
G. Custodial Duties. The Association is responsible for
general maintenance and custodial services of the facilities. In
the event maintenance and/or custodial services are necessary
after the expiration of this lease to return the leased
facilities to the pre-lease state, City may either request the
Association to perform such or bill Association for the costs
associated with such clean-up.
The Association shall assume all responsibility to prepare
the infield area for play and the City will water and mow the
outfiel~ area on a normal park maintenance schedule. In the
event the park maintenance schedule does not meet the needs of
the program, the Association will mow the outfield grass at
his/their expense, or will cancel the games until mowed by the
Park Department, on the regular parks maintenance schedule.
H. Damage to Facilities. The Association is responsible
for any damage to the leased facilities incurred during the term
of this lease. Any repairs needed and the means and manner in
which said repairs are to be accomplished shall be determined by
City.
I. Concession Facilities. Association is authorized to
operate a concession facility during the term of this lease.
Location and utility service to said facility shall be subject to
approval of City. The operation of such concession activities
must be based on a Concession Agreement executed between the
Association and the City.
037
III
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 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 September 1 and until
April 1 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
wa=ering 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.
038
VI
Upon termination of this lease, the Association shall have
the option to request in writing by January 15 of the following
year a renewal of this lease provided the City ratifies and
confirms said lease for the requested period.
VII
Ail tournaments taking place at the leased facilities during
the term of this contract shall comply with the Policy for
Tournaments. (see attached Exhibit A).
VIII
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 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 to do business in the State
of Texas in an amount of not less than 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 the Association, provide therein
that it will also protect the said City of Plainview.
IX
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.
X
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.
THIS 14th
day of April , 1988.
CITY OF PLAIN-VIEW, TEXAS
lessor
ATTEST:
Carla Reese, City Secretary
PLAINVIEW SOFTBALL ASSOCIATION
fr6sident, Board of Direc~6rs
ATTEST:
~e~tary t
O4O
EXHIBIT A
POLICY FOR TOURNAMENTS
1. All tournaments must have prior approval of the Parks
Superintendent (minimum 2 weeks). It is suggested that all
tournaments be scheduled early, so they can be calendared along
with regular season schedules.
2. The Plainview Softball Association (hereafter call
"Association") responsible for all tournaments staged in the
Running Water Draw Regional Park Softball Complex.
3. A Tournament Director and one assistant shall be appointed by
the Association to oversee all tournaments, (not necessarily the
same person each time) and these people will have the
responsibility of insuring that the tournament is conducted in a
prudent manner. One of these persons must be present at all
times during the tournament and will work, as needed, to keep
playing facilities ready.
4. The City Parks Department shall conduct normal maintenance on
the playing fields and the tournament will be responsible for any
additional work required. In addition, the Parks Superintendent
will have the final decision on whether field conditions warrant
play.
5. In handling the financial arrangements for each tournament,
the Association shall be responsible for all monies and pay the
expense of the tournament. If some non-profit organization is
sponsoring a tournament for a charitable purpose, the Association
shall handle all receipts and pay the bills, then divide the
proceeds with the sponsor as agreed upon by the two parties.
6. A set of written rules, for the tournament, shall be
delivered to each team entered and shall include the following,
as ordained by City Ordinance:
(a)
No vehicle will be permitted off the streets
and parking lots.
(b) No camping will be permitted.
(c)
Ail litter must be disposed of in trash
receptacles which will be provided at
convenient locations by the City Parks
Department.
7. The Tournament Sponsor will be responsible for cleaning up
trash after the tournament.
041
1988 CONCESSION AGREEMENT
PLAINVIEW SOFTBALL ASSOCIATION
AN AGREEMENT GRANTING TO THE PLAINVIEW SOFTBALL
ASSOCIATION PERMISSION TO OPERATE CONCESSIONS IN
DESIGNATED PARK AREAS OF THE CITY OF PLAINVIEW,
PRESCRIBING THE CONDITIONS OF SUCH PERMISSION AND THE
TERM FOR WHICH SAID PERMISSION IS GRANTED.
WHEREAS, the Plainview Softball Association (herein
referred to as the "Association") of the City of Plainview has
requested permission and franchise to operate concession stands
for the purpose of selling cold drinks and confections and
certain types of food in the City Park area of the City of
Plainview; and
WHEREAS, said Association has represented that it will and
intends to use the proceeds thereof for the purpose of promoting
recreational sports and other activities for the citizens of the
City of Plainview.
NOW,
FOLLOWS:
THE PARTIES AGREE WITH EACH OTHER AS
SECTION 1. The Plainview Softball Association of the City
of Plainview is hereby granted a nonexdlusive franchise and
permission to operate concessions for the sale of cold drinks and
confections, sandwiches, hamburgers and such other type foods as
are ordinarily sold in and around park areas where crowds gather
for activities, subject~, however, to the conditions, limitations
provided for in this Agreement, and in accordance with all
policies and ordinances of the City of Plainview and the
Plainview/Hale County Health District.
SECTION 2. The area for which said franchise and permission
is granted is as follows: Running Water Regional Park.
SECTION 3. The term for which this franchise and permission
is granted initially is to include the dates of April 13, 1988,
through September 1, 1988, to allow for an evaluation of the
performance of the concessionaire and to allow the concessionaire
to cease his operations during the time when the park areas are
not normally receiving maximum use.
SECTION 4. That no permanent facility shall be used during
thiS time period, but that mobile type equipment shall be used.
The mobile type equipment shall be maintained in an attractive
and safe condition as approved by the Parks Superintendent.
SECTION 5. That the nonexclusive rights and privileges
which shall be granted unto the concessionaire shall not include
catering service to individuals or groups of individuals renting
or leasing park building facilities or using park picnic areas or
prevent any individuals or groups from bringing their own food
and drinks into public parks areas.
O42
SECTION 6. That the servicing and dispensing at such time
as the public requires, and the locations of such mobile carts or
wagons or refreshment stands, and the wholesomeness and
sanitation of all foods, refreshments, confectionary and
beverages be subject to the approval of the Parks Department and
the City of Plainview Health Sanitation and Zoning Codes.
SECTION 7. That the concessionaire shall be responsible for
the cleanliness of the concession area and shall not permit
garbage or other refuse to accumulate or to gather in or about
the mobile cart or wagon, except in suitable covered garbage
receptacles which shall be provided by the Parks Departments.
SECTION 8. That the concessionaire shall, at his own cost
and expense, furnish and maintain in good usable condition, a
sufficient amount of moveable equipment, including, but not
limited to, soda fountains, show cases, cash registers, ice cream
cabinets, bottle coolers, popcorn machines, drink dispensers,
refrigerators, coffee urns, tables, etc., as may be necessary to
properly furnish the services as needed and in a manner
acceptable to the Parks Department.
SECTION 9. That the concessionaire shall use either members
of the Association or their related personnel as needed to
properly staff the various concession operations as operated in
the parks. The concessionaire shall be responsible for the
competency of all personnel staffing the various concession
operations, whether they be volunteer or paid personnel.
SECTION 10. That the Parks Department shall be responsible
for approving hours of operation and will govern such times
according to public needs and demands.
SECTION 11. That the various foodstuffs and confections
including, but not limited to, candies, popcorn, breads, and soft
drinks shall be of a high quality and subject to various
specifications as determined necessary for the Parks Department
in keeping with the best .interests of the public. All prices
shall be posted and competitive with prices as normally found at
similar concession operations.
SECTION 12. That the rights and privileges which shall be
granted shall not be transferable in nature and no assignment or
sub-contract shall be granted without permission of the Parks
Department.
SECTION 13. 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
043
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 to do business
in the State of Texas in an amount of not less than 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,
the same shall, in addition to protecting the Association,
provide therein that it will also protect the said City of
Plainview.
· SECTION 14. The Association shall furnish the Parks
Superintendent a written financial statement at the end of each
fiscal year. The Association shall also be able to prepare, at
the request of the Parks Superintendent, a detailed list of all
financial transactions.
SECTION 15. Association shall within ten (10) days of the
execution of this Agreement by the Mayor of the City of
Plainview, file with the City Secretary, a written statement
signed in its name and behalf by a duly authorized officer of the
Association in the following form:
"E. V. Ridlehuber, Mayor of the City of Plainview:.
The Plainview Softball Association, for itself, its
successors and assigns, hereby accepts the attached Aqreements,
executed by the Mayor of the City of Plainview the /3 ~ day of
~ , 1988, and agrees to be bound by all of its terms
and provisions.
President
Dated the /q-~ day of A~ , 1988."
SECTION 16. This Agreement shall become effective upon its
execution by the parties involved and its acceptance by the
Plainview Softball Association Program, as required in this
Section 15.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed by their respective representatives on the days
and years herein indicated. '
President
Plainview Softball Association
E. V. Ridlehuber, Mayor
TABULATION SHEET
BiD TITLE:
_.Reqion.al Park Softball Complex
Adult Softball Program Proposals
OPENING DATE. April 5, 1988
OPENING TIME: 10:00 A.M.
CITY OF PLAINVIEW, TEXAS
DESCRIPTION OF ITEMS
PROPOSAL REGARDING THE
ADMINISTRATION. AND
OPERATION OF THE ADULT
SOFTBALL PROGRAMFOR
1988 SEASON
DATEMAILED: Hand Del'd
DATERECEtVED:.4-5-88
9:40 A.M.
BIDDER Ply. Softball
~ssociation
Debbie Belk, Pres.
--P-.O. Box !962-~!v.---
LightsLt00%L~p'.L%o
$800.0O.
Replacement 100% up
to $300.00
$1,000,.000 Lia. Ins
with stipulation or
disagreements with
specs. (see
attached)
DATE MAILED: Hand Del'd
DATE RECEIVED: 4-5-88
9:45 A.M.
BIDDER YMCA
Charlie Lord
Lights 75% up to
%500.00
Replacement 50% up
to $500.00
$500,000 Lia. Ins.
(see attached)
DATE MAILED:
DATE RECEIVED:
BIDDER
DATE MAILED:
DATE RECEIVED:
BIDDER
PLAINVIEW SOFTBALL ASSOCIATION BID PROPOSAL
la The following is a list of each program.
MEN'S CHURCH LEAGUE: Open to all men eighteen (18) years of age who are
a church going member.
WOMEN'S CHURCH LEAGUE: Open to all women fifteen (15) years of age who
are a church going member.
MEN'S OPEN LEAGUE: Open to all men eighteen (18) years of age.
WOMEN'S OPEN LEAGUE: Open to all women fifteen (15) years of age.
COED LEAGUE: Open to all men eighteen (18) years of age and all women
fifteen (15) years of age.
lb Number of games for each league are approximate due to not having
all teams signed up at this time.
MEN'S CHURCH 420
WOMEN'S CHURCH 24
MEN'S OPEN 60
WOMEN'S OPEN 24
COED 24
TOTAL
552
lc
Projected number of teams and players.
MEN'S CHURCH 20 Teams 300 Players
WOMEN'S CHURCH 7 Teams 85 Players
MEN'S OPEN 5 Teams 85 Players
WOMEN'S OPEN 4 Teams 60 Players
COED 4 Teams 60 Player~
TOTALS
40 TEAMS
590 PLAYERS
id The Association would like to lease the fields for the time period
of APRIL 12, 1988, through AUGUST 31, 1988.
2a The Association has applied for $1,000,000 Liability Insurance (see
brochure).
PAGE 2
2b ~-The Association agrees to pay 100% up to $800.00.
2C ~-The Association agrees to pay 100% up to $300.00.
2d ~-The Association will pay for ~amages to the facilities,
back to the original state before the damage occurred.
The Association is planning on spending $6,000.00 on a concession
stand, restrooms and storage building.
So
Budget is enclosed.
The Association has spent several thousand dollars in the past for
sand, new fencing, movement of a light pole, building of the dugouts
and various other miscellaneous needs of the complex.
Debbie Belk, President
Plainview Softball Association
ITEM 1 - ADULT SOFTBALL SPECIFICATIONS
A). The YMCA would like to offer 2 Church Leagues divided into
competitive and recreational leagues, and an open league.
Church teams must have 75% of their team on the official roles
of legitimate, registered churchs with a paid full-time pastor.
Players representing the 25% of the remaining rosters must be
attending registered churchs with a full-time pastor.
The YMCA will also look into the possibility of offering a CO-ED
Recreational league, and a 40 and over league.
Open league teams may be made up of any person who is not partici-
pating in the previously mentioned leagues.
B). The YMCA will offer a league schedule of between 12 & 18
leagues games. The schedule will depend on number of teams to
the league and availability of fields.
C). The YMCA ANTICIPATES 30 teams playing 15 games league schedules.
Payment for umpires will be between $7.00 and $9.00 a game.
With 30 teams; around 420 adult participants.
D). We anticipate the season to start May 1st and run through
July 30th.
ITEM 2
A). Insurance: The YMCA will add to our policy to insure that the
$500,000.00 limit will be achieved.
B). The YMCA will pay for 75% of the light bill, or up to $500.00.
C). The YMCA will pay for 50% of replacement of light ~ulbs or up
to $500.00.
ITEM3
The YMCA proposes to use the Softball Association Board Members as
an Advisery Committee reporting to our softball supervisor,
The YMCA also proposes to put 50% of the year end net profit into
the capital improvement fund which is currently used for major im-
provement relating to the softball program. 50% of the net profit
will go into the YMCA genera] operating fund to help support our
YMCA youth programs which are currently suffering from a deficit of
25%.
INCOME PROJECTION:
30 TEAMS
$200.00
$6,000.00
420 PARTICIPANTS
x $25.00
$10,500.00
TOURNAMENT USER FEES
= $1,5oo.oo
TOTAL PROJECTION:
$10,500.00 INDIVIDUALS
6,000.00 TEAMS
1,000.00 TOURNAMENTS
$18,000.00
EXPENSES :-
Supervisor - 15 weeks X 20 hours/week X $5.00/hr.
2 Umpires - 30 teams X 18 games X $9.00/game
Groundskeeper - 20 hrs week X 15 weeks X $5.00/hr
Electric Bill
Replacement Lights
Tractor upkeep & field maintanence supplies
Trophies & awards
Miscellaneous
= $1,5oo.oo
= $9,720.00
= $1,5oo.oo
$ 500.00
$ 500.00
$ 200.00
$ 2000.00
$ 280.00
$18,000.00
oversee the 1~ gives us an sd~ant~ over voltnteer grc~ ~ may c~ may not te
avail ruble. We
and propose to ~ with voltnteers with an open door po]icy ir~lmling our