HomeMy WebLinkAbout07078 ORD - 11/13/1963MP: 11 -13 -63
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS,
AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE, EMPLOYING
SAID TOM LAWRENCE AS GOLF PROFESSIONAL AT A SALARY OF
$200.00 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE;
PROVIDING FOR RENEGOTIATION IN CASE OF CERTAIN CON-
TINGENCIES; AND LEASING TO HIM THE GOLF SHOP AND CAFE
LOCATED AT THE SAID MUNICIPAL GOLF COURSE FOR A PERIOD
OF ONE YEAR FOR AND IN CONSIDERATION OF THE COMPENSA-
TION TO THE CITY OF 5% OF ALL GROSS RECEIPTS DERIVED
THEREFROM, AND UNDER THE TERNS AND CONDITIONS OF SAID
LEASE, A COPY OF WHICH LEASE IS ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, ---
TEXAS:
SECTION 1. THAT THE CITY MANAGER OF THE CITY OF CORPUS
CHRISTI, BE AND IS HEREBY AUTHORIZED AND DIRECTED TO EXECUTE AN AGREE-
MENT AND CONTRACT WITH TOM LAWRENCE, EMPLOYING SAID TOM LAWRENCE AS GOLF
PROFESSIONAL AT A SALARY OF $200.00 PER MONTH AT THE OSO MUNICIPAL GOLF
COURSE, PROVIDING FOR THE RENEGOTIATION OF THE TERMS OF SAID - CONTRACT IN
THE EVENT THAT THE GREEN FEES SHOULD DROP AS MUCH AS 10% BELOW THE AVER-
AGE ANNUAL PLAY DURING A THREE -YEAR PERIOD FROM AUGUST 1, 1959, THROUGH
.JULY 311 1962: AND LEASING TO HIM THE GOLF SHOP AND CAFE LOCATED AT SAID
OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF ONE YEAR FOR AND IN CONSIDER-
ATION OF THE COMPENSATION TO THE CITY OF 5% OF ALL GROSS RECEIPTS DERIVED
THEREFROM AND UNDER THE YERW; AND CONDITIONS OF SAID LEASE, A COPY OF WHICH
LEASE IS ATTACHED HERETO AND MADE A PART HEREOF, READING AS FOLLOWS:
7078
C O N T R A C T
THE STATE OF TEXAS f ,
COUNTY OF NUECES j
THIS AGREEMENT AND CONTRACT MADE AND ENTERED INTO THIS THE
+ DAY OF NOVEMBER, 1963, BY AND BETWEEN THE CITY OF CORPUS CHRISTI,
TEXAS, A MUNICIPAL CORPORATION, ACTING SY AND THROUGH ITS CITY MANAGER,
HERBERT W. WHITNEY' AND TOM LAWRENCE of NUECES COUNTY, TEXAS, HEREINAFTER
CALLED „SECOND PARTY*j
W ITN ES S 1- T K_ -
THAT IN CONSIDERATION OF THE COVENANTS, AGREEMENTS AND CONDITIONS
HEREIN CONTAINED ON THE PART OF SECOND PARTY TO BE KEPT AND PERFORMED, THE
.CITY OF° CORPUS, CHRIStf, TEXAS DOES HEREBY CONTRACT WITH SECOND PARTY TO
ACT AS THE GOLF PROFESSIONAL AT THE OSO MUNICIPAL GOLF COURSE FOR "A PERIOD
•BEOINNINO .ON NOVEMBER 15',196 3, LAND °END ING AT MIDNIGHT, }NOVEMBER 1�y,' 1964, "
_ iSUBJPCT TO ALL OF THE TERMS AND-CONDITIONS OF THIS CONTRACT, AND DOES
LEASEYTO'SECOND PARTY THE GOLF SHOP AND,THE CAFE LOCATED AT THE 050 MUNICIPAL
GOLF COURSE FOR THE •SAID PERIOD 'AS HEREIN PROVIDED AND SPECIFIED.
~SECOND PARTY SHALL ACT AS GOLF PROFESSIONAL AT THE CONTRACT PRICE
OF TWO HUNDRED ANP NO/1O0;(200,00) DOLLARS PER MONTH, WHICH SHALL SE PAID
IN SENINIONTHLY INSTALLMENTS IN THE SAME MANNER AS CITY EMPLOYEES ARE PAID.
, 5ECOND PARTY SHALL BE ENTITLED' TO VACATION LEAVE BENEFITS WITHOUT DEDUCTION
FROM HIS CONTRACT PAYMENTS, AND TO SICK LEAVE BENEFITS IDENTICAL WITH THAT
OF REGULAR CITY EMPLOYEES. PROVIDED, HOWEVER, IT It EXPRESSLY UNDERSTOOD
• THAT SECOND, PARTY I$ AN INDEPENDENT CONTRACTOR AND NOT A CITY EMPLOYEE.
IN THE EVENT THE ANNUAL QUANTITY OF PLAY AT THE COURSE AS
DETERMINED BY THE NUMBER OF GREEN FEES PAID, SHOULD DROP AS MUCH AS i0¢
- BELOW THE AVERAGE ANNUAL PLAY QURING THE THREE-YEAR PERIOD OF AUGUST 1,
1959; THROUGH JULY 31, 19621 THEN THE SECOND PARTY SHALL HAVE THE OPTION
TO- REQUEST A RENEOOTIATION'OF THE TERI4S OF THIS CONTRACTJ AND IN THE
EVENT NO AGREEMENT CAN SE'•REACHED WITHIN SIXTY (60) DAYS FROM THE DATE
OF REQUEST, SECOND PARTY SHALCj ON THIRTY (30) DAYS' NOTICE, HAVE JHE
OPTION TO TERMINATE THIS AGkEMENT: �• ^ -
(A) SECOND PARTY nHALL BE 1O.'CHARGE'OF AND SHALL HAVE THE
RESPONSIBILITY FOR BUPERVI$i0N or THE OSO'MUNICIPAC GOLF. COURSE AND AS '
SUCH SHALL PERFORM ALL OUTIESAND RESPONSIBILITIES AS ARE REQUIRED' OF
HIM BY THE LAWS dF THE-STATE -OF TEXAS AND THe ORDINANCES OF, THE CITY OF
' ,CORPU4 CHF13Ti, TEXAS, AND SUCH OTHER FUNCTJONSj DUTIES, IN CONNiCTION % '
WITH THE OPERATION AND MAINTENANCE OF THE GOLF` COURSE AS DIRECTED BY-THE
CITY MANAGER. 'HE SHALL- SUPERV ISE AND OPERATE THE $A10 OSO MUNICIPAL GOLF. "
COURSE in STRICT- ACCORDANCE W1TH'ANY AND. ALL RULES AND REGULATIONS NOW IN
FORCIl IN REGARD' TO SA10 COURSE AND TAATnWAY HEREAFTER ,SY PROH4,L-GATED- BY - y
THE CITY 14A AGER'OR THE DIRECTOR OF PARRS AND RECREATION AND THE PARK AND,-
' ., RECREATION BOARD OF THE CITY OF CARPUS CHRISTI} TEXAS, UNDER THE SUPER-
VISION OF THE CITY $ANAGER.
.t -- (B) SECOND PARTY SHALL 'BE A• PERSON QUALIF -IED IN THE SUPERIN-
TENDENCE AND MANAGEMEN* OF A GOLF COURSE, WHOSE OUTY•,£PJALL•BE TO MANAGE.
s s :1% -
f ' AND CONTROL THE ADMINISTRATION AND OPERATION OF THE MUNICIPAL GOLF COURSE, ,
SUBJECT TO•JHE SUPERVISION OF THE'PARK.BOARD,- 61 RECiOR OF THE- PARK)ANDY
e "
- 2. .. ,f Z rah � '+✓ i �} . .e < 7 ,
RECREATION DEPARTMENT$ AHD THE, CITY MANAGER.,?
T, - -
(C) SECOND PARTY SHALL HAVE RESPONSIBILITY,FOR, THE OPERATION
OF SA10 GOLF COURSE AND SHALL BE CHARGED WITH THE DUTY OF KEEPING THE
- GROUNDS FAIRWAYS, GRFrNS; TEES AND ANY AND ALL PROPERTY.OF SAID OSO MUNI� ,
CIPAC GOLF COURSE IN GOOD REPAIR AND SHALL SUPERVISE`ANY" AND ALL *WORK DONEE ,p
-ON SAID GOLe COURSE. '
(D) SECOND PARTY SHALL ENFORCE OItaCAU5E 70.13E ENFORCED AL Li
RULES "AND REGULATIONS GOVERNING THE - PLAYING OF GOLF ON SAID GOLF COURSE;
AND ALL OTHER ACTIVIT)ES, INCLUDINGI BUT NOT LIMITED TO, THE REFRESHMENT.- ;
- 'BAR, PICNIC AREA, AND LOCKER ROOMS, AS MAV BE ¢ONDUrTED ON THE GOLF COURSE ~
r GROUNDS; THAT MAY NOW BE IN FORCE OR MAY HEREAFTER BE PROMULGATED BY
- THE CITY MANAGER OF THE CITY.OF= CORPUS CHRISTI) TEXAS-,
(D) SECOND PARTY SHALL COLLECT ALL GREEN FEES, MONTHLY RATES,, .
AND OTHER CHARGES NOW IN FORCE JN REGARD TO.SAID OSO MUNICIPAL GOLF COURSE
OR AS MAY HEREAFTER BE ESTABLISHED SY,THE CITY COUHCIL OF THE CITY OF
CORPUS CHRISTI TEXAS. HE SHALL PRESENT EACH AND EVERY PLAYER WITH A TICKET 4-
SHOWING DATE AND SERIAL NUMBER THAT CORRESPONDS'TO THE RECEIPT TAPE QN THE _
CASH ROISTER AT SUCH GOLF COURSE AND SHALL PERMIT N0 PERSON TO PLAY ON SAID
COURSE WITHOUT HAVING IN HIS POSSESSION SUCH TICKET.. UNLESS SPECIFICALLY ,
AUTHORI-ZED BY THE CITY MANAGER.. HE SHALL 'KEEP STRICT AND ACCURATE BOOKS' `
OF ACCOUNT OF ALL GREEN FEES, MONTHLY RATES AND OTHER CHARGES COLLECTED
'BY HIM AND SHALL DEPOSIT ALL SUCH FEES, RATES,-CHARGES AND THE CASH REGISTER -
RECEIPT TAPE, WITH THE DIRECTORi OF FINANCE AT •SUCH INTERVALS AND ACCOMPANIED
`_BY A REPORT IN SUCH FORM, AS REQUIRE¢•BY TILE.DIRECTOR OF FINANCE. THE SAID
'= BOOKS OF ACCOUNT HEREgNDER SHALL BE OPEN FOR.INSPECTION AT ALL T1ME3: HE
' SHALL LIKEWISE MAKE A MONTHLY ITEMIZED REPORT TO THE CITY MANAGER ANU/OR" • -
DIRECTOR OF PARK AND RECREATION DEPARTMENT OF SUCH COLLECTIONS•, `
(FJ SECOND PARTY SHALL FURNISH A•GOOD AND SUFFICIENT -
' BOND IN THE SOO OF NOT LESS THAN FIVE THOUSANQ`AND'NO /106 MJ000.00)
DOLLARS, WITH THE SURETY THEREON A CORPORATE SURETY DULY LICENSED UNDER-
THE LAWS OF THE STATE OF TEXAS TO WRITE FIDELITY BOHpS'y CONDITIONED THAT.
SECOND PARTY SHALL PAY OVER TO THE CITY OF CORPUS CHRISTI ALL GREEN FEES# '
MONTHLY RATES AND OTHER CHARGES COLLECiEO BY HIM.'
_ (G) SECOND PARTY SHALL HAVE THE RIGHT TO GIVE, OR CAUSE'TO• '
BE RIVEN, GOLF LESSONS AT "HIS "OWN EXPENSE AND ALL REVENUE THEREFROM SHALL "
-" BE ACCOUNTED FOR IN THE SAME MANNER-,AS OTHER REVENUE FROM GOLF COURSE
OPERATIONS.,
(H) SECOND PARTM SHALL'SE RESPONSIBLE P'OR'ANO CONTROL THE
• -•ACTIVITIES OF CADDIES ON THE GOLF COURSEAND SHALL TAKE WHATEVER ACTION 42
NECESSARY TO INSURE THAT THE CADDIES CONDUCT THEMSELVES IN AN ORDERLY MANNER.
SECOND PARTY SHALL INSURE THAT,,THE CONDUCT,OF,HtS OWN EMPLOYEES iS SATISFACTORY
AND, IN KEEPING WITH THE CONDUCT REQUIRED,OF CITY EMPLOYEEY IN GENERAL. SECOND' '
- PARTY SHALL ALSO INSURE THAT NEITHER HE, HIS EMPLOYEES, NOR THE EMPLOYEES ,
OR CADDIES UNDER HIS, SUPERVISION ARE PERMITTED TO DRINK INTOXICATING SEXERAQES
`
IN THE GOLF COURSE CLUB HOUSE OR ON THE GOLF COURSE'GROUNDS. .
4 ZCJ SECOND PARTY. SHALL ENDEAVOR TO MAINTAIN A CONSTANT PROGRAM ,
TO ATTRACT TOURISTS AND TO ENCOURAGE TOURIST$ TO USE THE GOLF COURSE FACILITIES] ,
AND SHALL MAINTAIW A MINIMUM OF FOUR SETS OF RENTAL GOLF CLUBS FOR TOURIST USE. }
(J)� SECOND PARTY'ALSO AQREES TO ADEQUATELY PUBLICIZE COURSE
RULES AND REGULATIONS AND TO POST GREEN FEES AND CADDY'RATES.
w ,,THE CITY OF'CORPUs- C}IRISTrj, TCXAS, HEREBY LEASES TO' SECOND PARTY, '
FOR THE PERIOD HEREINBEFORE STATED SUBJECT TO ALL THE TERMS AND CONDITIONS
• i ' oF,TAIS`CONTRACT A, ,FOLLOWSS
'> .I (A) THE GOLF SHOP AND ALL OF ITS EQyIAMENTy'AS SHOWN ON THE -
'ATTA -CHED ,. LIST# LOCATED Aif,THE QSO MUNICIPAL GOLF COURSE; AND
(B) , THr CAFE'AW ITS EQVIPMENT,.AS SHOWN ON THE ATTACHED LIST,'
NOW LOCATED AT THE MUNICIPAL GOLF COURSE AND ALL EQUIPMENT OF THE LOCKER ROOM,
AS SHOWN ON THE'ATTACHEO LIST, AND THE - LOCKER ROOM.,
IT IE UNDERSTOOD AND AGAEEb THAT SECOND PARTY S14ALL'OPERATE SAID
BU1tNESSE¢ AS HIS OWN BUSINEEs AND SHALL BE ENTITLED TO ALL OV THE PROFITS
FROIC THE OPERATION DF SAID SUIIINESSC5s EXCEPT THAT HE $04LL'PAY TO,THB CITY
OF CORPUS CIiR1STi, TEXASA FIVE PER CENT45%) 00 THE'GROSS RECEIP`TS'OF SUCH
BUSINESSEs, INCLUDING LESSON$, RESALE OF [QUIPHENT, REPAIR OF EQUIPMENTj AND ,
ALL 00111119' IN ANY WAY RELATED TO OR 01)TAINED OY REASON OF THE okhATION OF
THE O:QI.F LOURSEj SAIDSUl1 OF SHALL BE DUE AND PAYABLE MONTHLY' THE FIRST 7 -
PAYMENT BEING DUE ON oR SEFORE THE TENTH DAY 0' THE MONTH NEXT FOLLDW(NG THE -
EFFLSTIVE DATE -HEREOF AND ON OR BEFORE THE TENTH DAY OF` EACH'SUCCESStVE v
CALENDAR MONTH THEREAFTER ACCOMPANIED''8Y AN ITEMI2Eb 3TATCMENT 41C SUCH FORM
AS R£i141RED BY THE DIREFTOR OF FINANCE. SECOND PARTY AGREES TO KEEP STRICT;
ACCURAT,C AND CORRECT BOOKS ON Tilt 'OPERATIONS OF SUCH,BUSINESsEs AND TO EMPLOY
A REQISTERED PUBLIC ^ACCOUNTANT OR'CERTIFIEb PUBLIC 6CCOUNTANY.TO•KEEP SAID
BOOKS AND SAID BOOKS -SHALL BE. OPEN FOR tNSPECTION BY THE CITY MANAGER OF -
THE CITY OF' CORPUS CHRI9Ttj'TEXASy OR ANY ,PERSDSI -,DESIaNAT¢,D,BY}:HIMS At ANY
AND ALL TIMES.
r ' .. - III Y• *. .� .. ' `cr �.,.; t. ., sr .. � . � T r�r r
IT IS UNgERSTOOD AND AGRELD•THAT SECOND P,ARIl -WILL TAKE GOOD CARE
OF THE PERSONAL PROPERTY SHOWN ON THE ATTACHED LIST. °AS WELL AS ALL REAL, ;,�;, •_
. - PROPERTY HEREBY LEASED AND OtAl$EO' T4 141H Aw0,44fiER NB VASTC'-A:Nd WILL
DELIVER THE SAID 'PROPERTY BACK TO T09 CITY OF CORPUS CHRISTtp TEXAS, AT THZ, ,
EXPIRATION OH OTHER TERMINATION Or THIS LEAS§ -IIt THE SAME. CONDITION AS THE
FAME VAS R£CECVBDa NATURAL W>AR AND TEAR Ai ONE EXCEPTED.
IV
IT.ts 'UNDERSTOOD AND AGREED THAT MINOR,REPAI'RISF SHALL CONSIST 00.
THOSji,"'REPAIRS SUCH As REPAIRING A LOCK OR RESCREENING A ROOK, WHICH TO MOT -
-COST IN IXCESS OF F I fTY (t50.00) DOLLARS FOR ANY' ONE REPAIR. ALL MINOR, REPAIR$ ,
• • ••�• ' _s % -'. �4 rte,.,@ ,'��. ..•.. , ' •
}
OR REPLACEMENTS TO THE BUILDINGS OCCUPIED BY THE GOLF SHOP AND/OR THE < '
CITY -AWNED E41)1PMtVT,THEREIN, MILL DE "MADE BY SECOND PARTY AT HIS OWN COST
AND EXPENSE, AN6 THAT °THE -MAJOR REPAIRS TO THE SAME 'WI LL BE MADE BY THE
CITY OF CORPUS CHRISTI, ArTER,THE NEED THEREFOR HAS BEEN DETERMINED BY THE
CITY MANAGER, WHOSE DECISION ON THE SAME,SHALL BE FINAL. IT IS FURTHER .
UNDERSTOOD AND AGREED THAT IN NO'EVENT;SHALL SECOND PARTY EVER HAVE -OR '
CLAIA,UNY DAMAGES, AGAINST THE CITY FOAALis Or INCOME FOR-FAILURE OF THE
'CITY TO'MAKE-ANY MAJOR REPAIRS UNLESS THE SAID CITY SHALL HAVE HAD WRITTEN_
'NOTICE OF THE NEED OF'SUCIJ REPAIRS AT LEAST`PIFTEEN �a51 DAYS PRIOR TO '
TIME OF THE ORIGIN OF THE CLAIM FOR DAMAGE, AND . IT HAS FAILED AND REFUSED '
'TO MAKC SUCH REPAIRS. SECOND PARTY IS TO KEEP THE PLUMBING FREE FROM ALL
OSSTRUCTIONS, WITHIN THE §UILDING,S AND TO THE OUTSIDE DRAIN LINES, AND KEEP
• THE PREMISES AROUND THE'BUILDINGS, AND THE BUILDINGS, CLEAN AND FREE FROM
-- RUOSISHJ TRASH, +ETC., AT ALL TIMES.
V z
IT IS FURTHER UNDERSTOOD 'AND AGREED THATSECOND PARTY MAY SUBLET '
THE CAFE AND LOCKER RbOM HEREIN LEASED WITH -THE CONSENT AND APPROVAL OF THE -
- CITY MANAGER FIRST HAD AND OBTAINED IM WRITING; BUT IT IS FURTHER UNDERSTOOD -
AND AGREED THATSECOND PARTY SHALL REMAIN RESPOHSI'SLE FOR THE FAITHFUL PER" -
FORMANCE OF ALL THE PROVISIONS TO THIS CONTRACT BY ANY SUCH- SUBLESSEC.
VI
` IT IS UNDER$TOOD AND AGREED THATSECOND PARTY, IN THE OPERATION _ r
-OF SAID CAFE, WILL POST IN A CONSPICUOUS PLACE THE CHARIIES FOR THE PRINCIPAL - -
ITEMS SOLD THEREIN. THE POSTED PRICES SHALL PREVAIL FOR ALL SALES.
4, RATES SO POSTED 'AND CHARGED SHALL BE REASONABLE AND COMPARABLE TO RATES - -
CHARGED AT SIMILAR CONCESSION OPERATIONS'THROUGHOUT THE CITY'. THE DIRECTOR
' OF:PARK AND RECREATION SHALLL NOTIFY SECOND PARTY IF AT ANY TIME THE RATES
s '
•
ASONABLE.
BEING CHARGED ARE FOUND TO BE UNRE - _
., . - eta i s _; r - ,•
. i' . i � � .•�F. �4yr ,,T: + 'T-1L11 , a • � .:
rieo CITY PF.CORPUS CHRISTI, TEXAS AGREES THAT IT WILL NOT WHILE THIS
i
AGREEMENT IS`IN FORCE- AND'E'FFtCT GRANT TO ANY OTHER PERSON OR ORGANIZATION '
THE FR{VILEGt OF SELLING AT THE DSO' MUNICIPAL GOLF COURSE ANY OF THE ITEMS
SOLD SYe THE SA10 CAFE OR GOLF SHOP.
'IN ORDER-TO PREVENT DAMAGE TO THE GREENS, FAIRWAYS AND OTHER AREAS
OF THE GOLF COURSE, IT IS AGREED BY THE PARTIES HERETO-THAT NO GOLF CARS
EXCEPT THOSE OWNED OR LEASED BY SECOND PARTY, WELL BE ALLOWED bM THE GOLF -
COUimS SECOND PARTY SHALL ADOPT REGULATIONS CONCERN) NG THE USE 'OF SAID
CARS TO PREVENT SUCH DAMAGE. - : • • Vill
SECOND PARTY AGREES THAT IN THE OPERATION OFSSAID GOLF. SHOP AND
CAFE 'THAT-HE WILL OPERATE THE SAME IN 'ACCORDANCE WITH ALL OF THE =LAWS OF
- THE UNITED STATES ANb THE STATE OF TEXAS, AND ORDINANCE!! OF THE CITY OF -
CORPUS CHRISTI, TEXAS AND ALL RULES AND REGULATIONS'IM REGARD TO THE SAME ,
THAT MAY BE PROMULGATED BY THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI a
TEXAS: -
' SECOND. PARTY AGREES TO HOLD THE CITY OF CORPUS CHRISTI HARMLESS
FOR ANY HURT] INJURY OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY SECOND -
PARTY'S OPERATION OF SAID GOLF SHOP AND CAFE AND AGREES TO CARRY PUBLIC',
• " LIABILITY INSURANCE UPON THE SAW BUSINESSES IN THE AMOUNTS AND, QPON THE
CONDITIONS AS THE CITY MANAGER MAY SEE FIT TO REQUIRE.' tOPIES OF SAID
'POLICY $HALL,.BE FILED WITH THE DIRECTOR OF PARKS AND RECREATION,
SECOND PARTY AGREES THAT HE WILL INCUR NO DEBTS OR ABLIBATIONg '
'OW THE CREDIT OF THE CITY OF CORPUS.CHRISTi, IN THE OPERATION OF SAID BUS1— -
NEIISES: - -
IT'IS UNDERSTOOD THAT THE LOCKER ROOM AND ITS EQUIPMENZ IS LEASED
TO SECOND PARTY AND TIIAT.HE}WILL`FURNISH ALL SANITARY SUPPLIES, USED THEREIN
SAND ALL -LAOOR NECESSARY AND PAY THE% OF THE GROSS HEREIN ABOVE SPECIFIED. ,
-ter
SECOND.PARTY AGRECS THAT HE'WILL MAKE NO ALTERATIbNH IN THE
BUICDitlqS HEREBY LEASED }WITHOUT CONSENT OF THE CITY MANAGER OR DIRECTOR
OF "PARK AND RECREATION QEPARTMENT IN WRITING FIRST HAD ANO OBTAINED.
-7-
4 N
IT 13 UNDERSTOOD THAT THE CITY OF CORPUS CHRISTI, TEXAS, SHALL
FURNISH THE MEN1 AND EQUIPMENT NECESSARY TO KEEP UP THE FAIRWAYS] GROUNDS
EXCEPT THE BUILDINGS HEREBY LEASE AND WILL MAINTAIN THE SAMEp MD THAT
SECOND PARTY, IN CONJUNCTION WITH THE DIRECTOR OF PARKS,AND RECREATION OF
THE CITY OF- CORPUS CHRISTI, TEXAS, WILL LSOPERVISE ALL SUCH WORK, AND -
QROpERTY OR SHE SAID OSO MUMICI,PAL GOLF COURSE;
XII
y IT IV UNDERSTOOD THAT THIS CONTRACT I$ NOT SEVERABLE.
xlil
SECOND PARTY AGREES THAT, AT HIS OWN COST ANP EXPENSE, HE WILL - '•
EMPLOY A STARTER AND OTHER EMPLOYEES TO OPERATE THE SAID BUSINESSES, WHICH-
- - SAID STARTER AND ' OTHER EMPLOYEES SHALL BE 'SOLELY IN THE EMPLOY OF SECOND -
- -' PARTY, AND SHALL NEVER BE CONSIDERED EMPLOYEES OF THE CITY OF CORPUS CHRISTI,
•TEXAS. IT 13 FURTHER UNDERSTOOD THAT SUCH STARTER SHALL SUPERVISE THE PLAY '
IN ACCdRDAHCE WITH THE RULES AND REGULATIONS OF THE 050 MUNICIPAL GOLF COURSE
` AT ALL TIMES, AND SECOND PARTY AGREES TO EMPLOY SUFFICIENT EMPLOYEES AS THE
' .'CITY MANAGER SHALL DEEM NECESSARY FOR THE OPERATION OF SAID BUSINESSES: ALL
SUCH EMPLOYEES SHALL BE COVERED BY WORKMAN'S COMPENSATION INSURANCE CARRIED, '
AT,EXPENSE -OF SECOND PARTY WHO SHALL PAY ALL SALARIES OF ALL SUCH EMPLOYEES.
ALL, SUCH EMPLOYEES SHALL Be APPROVED BY THE CITY MANAGER'AND/OR DIRECTOR OF -
PARKS AND RECAgAT10N. - _ `_ - •,
x1v -
IT 13 FURTHER UNDERSTOOD AND Ad RR €D THAT THE CITY MANAGER OF.THE h
- CITY OF CORPUS CHRISTI, TEXAS, MAY AT ANY TIME CANCEL THIS CONTRACT UPON THE '
FAILURE OF SECOND PARTY TO PERFORM THE GONOITIONS OF THIS CONTRACT OR UPON
FAILURE TO COMPLY WITH ANY RULES AND REGULATIONS PROMULGATED IN REGARD TO
THE. QPERATION OF THE OSO MUNICIPAL GOLF COURSEJl•AND THAT IMMEDIATELY UPON
SUCH CANCELLATION,THAT THE CITY OF CORPUS CHRISTI' ITS AGENTS' SERVANTS AND
EMPLOYEES SHALL HAVE THE RIGHT, WITHOUT FURTHER NOTICE OR DEMAND TO RE -ENTER
AND,TAKE POSSESSION OF ALL OF 'THE PROPERTY 9EREIN LEASED AND DEMI$ED AND,
REMOVE ALL PERSONS THEREFROM WITHOUT BEING LIABLE FOR ANY CLAIMS FOR DAMAGES
BY REASON OF SUCH CANCELLATION AND RESUMPTION OF 'POSSESSION.•' - -
i c XV
SECOND PARTY AGREES TO PROVIDE SIN TABLE SIGNS AT'THE GOLF SHOP AND
CAFE ADVISING THE PUBLIC THAT SUCH BUSINESSES ARE OPERATED BY SECOND PARTY
AS AN INDEPENDENT CONTRACTOR AND ARE NOT OPERATED BY THE CITY OP CORPUS CHRISTI,
. TEXAS.' - - -
• IT It UNDERSTOOD AND AGREED, HOWEVER, THAT THIS CONTRACT IS A
PER §ONAL CbNfRACT' 6OT AilSIGNABLE�;AND THAT THE SAME WILL TERMINATE UPON THE ,
DEATH OF SECOND'PARTYj OR IN THE EVENT OF THE INABILITY•OF SECOND PARTY TO
PERFORM•711C DUTIES HEREUNDERMFOR_A PER or SIXTY (60) DAY6 TIME.
r Z - ' -
t THIS SHALL BE CONSTI{UED. -AS A USE PRIVILEGE CONTRACT, INCLUDINO THE ,
RIGHT OF IISE AND OCCUPANCY OF THE GOLF SHOP''CAFE AND LOCKER ROOM WITH THE
OBLIGATION UPON.GRANTEE TO S0ERVI>SEiTHElOPERATION AND MAINTENANCE OF THE
030 BEACH MUNICIPAL.GOLF COURSE AS -A PUBLIC MUNICIPAL GOLF COURSE'WITH THE
'DUTY OF ENFORCING ALL RULES, REGULATIONS AND ORDINANCES PERTAINING TO SAME. - -
WITNESSETH THE HANDS OF THE PARTIES MERETO THIS THE DAY
OF z 1963
y THE CITY OF CORPUS CHRISTI,, TEXAS
ATTEST:
• - - HERBERT W. WHITNEY, CITY MANAGER '
• CITY SECRETARY
APPROVED AS TO LEGAL FORM THIS
-DAY OF NQVEMBERj 1963:
CITY ATTORNEY - • 3 x -
TOM LAWRENCE, SECOND PARTY
SECTION 2. THAT THE NECESSITY FOR PROVIDING FOR A GOLF PRO-
FESSIONAL AT SAID MUNICIPAL GOLF COURSE AND MAKING AND ENTERING INTO A
CONTRACT IMMEDIATELY FOR THE OPERATION OF SAID MUNICIPAL GOLF COURSE AND ITS
CONCESSIONS, PROFITABLE TO THE CITY OF CORPUS CHRISTI AND AS A PUBLIC SER-
VICE AS A PART OF THE PARK AND RECREATIONAL PROGRESS OF THE CITY OF CORPUS
CHRISTI, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE
OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE
NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED,
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE,
IT IS ACCORDINGLY SO ORDAINED, THIS THE AY OF NOVEMBER, 1963.
i
r;
ATTEST: --
R
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECR ARY,
APPROVED AS TO LEGAL FORM TH S
DAY OF NOVEMBER, 1963:
CITY k.RN E - -
CORPUS CHRISTI, TEXAS
_LDAY OF 19_
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE-
GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR
THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY
COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO -
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JAMES L. BARNARD c(l/ _
JAMES H. YOUNG
JACK R. BLACKMON CL
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR. n `
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES
JAMES L. BARNARD �s
JAMES H. YOUNG .
JACK R. BLACKMON
JOSE R. DELEON
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