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HomeMy WebLinkAbout11158 ORD - 11/08/1972JRR:ml:10- 2- 72;1st 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 AS GOLF PROFESSIONAL AT A COMPENSATION OF $200.00 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF SHOP AND SNACK BAR AREA LOCATED AT THE SAID OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5 %) OF ALL GROSS RECEIPTS DERIVED THEREFROM, AND UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. 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 he is hereby, authorized and directed to execute an agreement and contract with Tom Lawrence, employing said Tom Lawrence as Golf Professional at a compensation of Two Hundred Dollars ($200.00) per month at the Oso Municipal Golf Course, and leasing to him the golf shop and snack bar area located at said Oso Municipal Golf Course for a period of three years, for and in consideration of the compensation to the City of five percent (5 %) of all gross receipts derived therefrom and under the terms and conditions of said lease, a copy of which lease is attached hereto and made a part hereof, reading as follows: 11158 C O N T R A C T THE STATE OF TEXAS X COUNTY OF NUECES Z THIS AGREEMENT AND CONTRACT made and entered into this day of November, 1972, by and between the City of Corpus Christi, Texas, a municipal corporation and body politic, a home rule City, hereinafter called "City ", acting by and through its City Manager, R. Marvin Townsend, and Tom Lawrence of Nueces County, Texas, hereinafter called "Second Party ", W I T N E S S E T H• That in consideration of the covenants, agreements and conditions herein contained on the part of Second Party to be kept and performed, City does hereby contract with Second Party subject to all of the terms and con- ditions of this contract, and does lease to Second Party the Golf Shop and Snack Bar Area located at the Oso Municipal Golf Course for a period beginning on December 1, 1972, and ending at midnight, November 30, 1975. Second Party shall act as Golf Professional at the contract price of Two Hundred and No /100 ($200.00) Dollars per month. Second Party shall be entitled to vacation leaves without deduction from his contract payments, and to sick leave equal to that of City employees. Provided, however, it is expressly understood that Second Party is an independent contractor and not a City employee. (A) Second Party shall be in charge of and shall have the responsi- bility for supervision of the Oso Municipal Golf Course and as such shall perform all duties and responsibilities as are required of him by the laws of the State'of Texas and the ordinances of the City of Corpus Christi and such other functions and duties, in connection with the operation and mainten- ance of the Golf Course, as directed by the City Manager. He shall supervise and operate the said Oso Municipal Golf Course in strict, accordance with any and all rules and regulations now in force in regard to said course and that may hereafter be promulgated by the City Manager or the Director of the Park and Recreation Department and the Park and Recreation Board of the City of Corpus Christi, under the supervision of the City Manager. (B) Second Party shall be a person qualified in the superinten- dence and management of a golf course, whose duty shall be to manage and control the administration and operation of the Municipal Golf Course, subject to the supervision of the Park Board, Director of the Park and Recreation Department and the City Manager. (C) Second Party shall have the responsibility for the operation of said golf course and shall be charged with the duty of keeping the grounds, fairways, greens, tees and any and all property of said Oso Municipal Golf Course in good repair and shall supervise any and all work done on said Golf Course. (D) Second Party shall enforce or cause to be enforced all rules and regulations governing the playing of golf on said golf course; and all other activities, including but not limited to, the snack bar area, patio area, and locker -rest room area, as may be conducted on the golf course grounds; that may now be in force or may hereafter be promulgated by the City Manager of the City of Corpus Christi. (E) Second Party shall collect all green fees, monthly rates, and other charges now in force in regard to said Oso Municipal Golf Course or as may hereafter be established by the City Council. He shall present each and every player with a ticket showing date and serial number that corresponds to the receipt tape on the cash register at such golf course and shall permit no person to play on said course without having in his possession such ticket, unless specifically authorized 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 Director of Finance at such intervals, and accompanied by a report in such form, as required by the Director of Finance. The said books of account hereunder shall be open for inspection at all times. He shall likewise make a monthly itemized report to the City Manager and /or Director of the Park and Recreation Department of such collections. (F) Second Party shall furnish a good and sufficient bond in the sum of not less than Five Thousand Dollars ($5,000), with the surety thereon -2- a corporate surety duly licensed under the laws of the State of Texas to write fidelity bonds, conditioned that Second Party shall pay over to the City all green fees, monthly rates and other charges collected by him. (G) Second Party shall have the right to give, or cause to be given, 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 Party shall be responsible for and control the activi- ties of caddies on the golf course and shall take whatever action is necessary to insure that the caddies conduct themselves in an orderly manner. Second Party shall insure that the conduct of his own employees is satisfactory and in keeping with the conduct required of City employees 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 beverages in the golf course Club House or on the golf-course grounds. (1) Second Party shall endeavor to maintain a constant program to attract tourists and to encourage tourists to use the golf course facilities, and shall maintain a minimum of four sets of rental golf clubs for tourist use. (J) Second Party also agrees to adequately publicize course rules and regulations and to post green fees and caddy rates. II City hereby leases to Second Party, for the periods'hereinbefore stated, subject to all the terms and conditions of this contract as follows; (A) The Golf Shop and all of its furnishings and equipment, as shown on the attached list, located at the Oso Municipal Golf Course; and (S) The snack bar and its furnishings; the furnishings of the locker- rest room area; and the other furniture and equipment located at the Municipal Golf Course, as shown on the attached sheet. It is understood and agreed that Second Party shall operate said businesses as his own business and shall be entitled to all of the profits from the operation of said businesses, except that he shall pay to City five percent (57) of the gross receipts of such businesses, including lessons, snack bar concession sales, resale of equipment, repair of equipment, and all -3- • • revenue in any way related to or obtained by reason of the operation of the golf course; said sum of 5% shall be due and payable monthly, the first pay- ment being due on or before the tenth day of the month next following the effective date hereof and on or before the tenth day of each successive calendar month thereafter accompanied by an itemized statement in such form as required by the Director of Finance. Second Party agrees to keep strict, accurate and correct books on the operations of such business and to employ a Registered Public Accountant or Certified Public Accountant to keep said books and said books shall be open for inspection by the City Manager, or any person designated by him, at any and all times. III It is understood and agreed that Second Party will take good care of the personal property shown on the attached list as well as all real property hereby leased and demised to him and suffer no waste and will deliver the said property back to City at the expiration or other termination of this lease in the same condition as the same was received, natural wear and tear alone excepted. Second Party will submit each year to the Director of the Park and Recreation Department an inventory of all City -owned furniture and equip- ment at said Oso Municipal Golf Course. This inventory shall be submitted in each anniversary month of the signing of this agreement. IV It is understood and agreed that minor repairs shall consist of those repairs such as repairing a lock or rescreening a door, which do not cost in execess of Twenty -Five Dollars ($25.00) for any one repair. All minor repairs or replacements to the buildings occupied by the golf shop and /or the City - owned equipment therein, excluding plumbing, electrical and air conditioning, will be made by Second Party at his own cost and expense, and that the major repairs to the same will be made by City after 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 claim any damages against City for loss of income for failure of City to make any major repairs unless the said City shall have had written notice of the need of such repairs at least fifteen (15) days prior to time of the -4- origin of the claim for damage, and it has failed and refused to make such repairs. Second Party is to keep the plumbing free from all obstructions, within the buildings and to the outside drain lines, and keep the premises around the buildings, and the buildings, clean and free from rubbish, trash, etc., at all times. The course crew may be used in major periodic cleaning of the building and all general policing of premises around the buildings. V It is further understood and agreed that Second Party may sublet the snack bar area herein leased with the consent and approval of the City Manager first had and obtained in writing, but it is 'further understood and agreed that Second Party shall remain responsible for the faithful perform- ance of all the provisions to this contract by any such sublessee. Second Party shall furnish the Director of the Park and Recreation Department a copy of any agreement between himself and sublessee. VI It is understood and agreed that Second Party, in the operation of the snack bar area, will post in a conspicuous place the charges for the principal items sold therein. The posted prices shall prevail for all sales. The rates so posted and charged shall be reasonable and comparable to rates charged at similar concession operations throughout the City. The Director of the Park and Recreation Department shall notify Second Party if at any time the rates being charged are found to be unreasonable. The City Manager and /or the Director of the Park and Recreation Department shall have the authority to make changes in the food and drink concession operation when deemed advisable. VII City agrees that it will not, while this agreement is in force and effect, grant to any other person or organization the privilege of selling at the Oso Municipal Golf Course any of the items in the snack bar area or at the golf shop, which are presently offered for sale. 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, will be allowed on the golf course. Second Party shall adopt regulations concerning the use of said cars to prevent such damage. -5- • • VIII Second Party agrees that in the operation of said golf shop and snack bar area that he will operate the same in accordance with all of the laws of the United States and the State of Texas, ordinances of the City of Corpus Christi, and all rules and regulations in regard to the same that may be promulgated by the City Manager. IX Second Party agrees to hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said golf shop and snack bar area and agrees to carry public liability insurance upon the said businesses in the amounts and upon the conditions as the City Manager sees fit to require. Copies of said policy shall be filed with the Director of the Park and Recreation Department. Second Party agrees that he will incur no debts or obligations on the credit of City in the operation of said businesses. It is understood that the locker -rest room area and its equipment and furnishings are leased to Second Party and that all rentals therefrom shall be accounted for and paid to City. City will furnish all sanitary and cleaning supplies necessary and used in the keeping of the said premises clean and sanitary. X Second Party agrees that he will make no alterations in the buildings hereby leased without consent of the City Manager or Director of the Park and Recreation Department in writing first had and obtained. XI It is understood that City shall furnish the men and equipment neces- sary to keep up the fairways, grounds (except the buildings hereby leased) and will maintain the same, and that Second Parry will be responsible for direct- ing and supervising the activities of said City employees assigned to said Oso Municipal Golf Course. Second Party will report to the Director of the Park and Recreation Department on problems related to the direction and /or supervision of said City employees, or on any personnel problem related thereto. -6- • • XII Second Party shall be held responsible for the fair and just treat- ment of all employees under his supervision. He shall insure that no employee is discriminated against because of race, color, creed, or national origin. XIII It is understood that this contract is not severable. XIV Second Party agrees that, at his own cost and 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 City. It is further understood that such starter shall supervise the play in accordance with the rules and regulations of the Oso Municipal Golf Course at all times, and Second Party agrees to employ sufficient employees as the City Manager. shall deem neces- sary for the operation of said businesses. All such employees shall be covered by Workmen's Compensation Insurance carried at the 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 the Park and Recreation Department. XV It is further understood and agreed that the City Manager may at any time cancel this contract upon the failure of Second Party to perform the conditions of this contract or upon failure to comply with any rules and regulations promulgated in regard to the operation of the'Oso Municipal Golf Course, and that immediately upon such cancellation that City, 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 herein leased and demised and remove all persons therefrom without being liable for any claims for damages by reason of such cancellation and resumption of possession. XVI Second Party agrees to provide suitable signs at the Golf Shop and snack bar area advising the public that such businesses are operated by Second Party as an independent contractor and are not operated by City. -7- • • It is understood and agreed, however, that this contract is a personal contract, not assignable, and that the same will terminate upon the death of Second Party, or in the event of the inability of Second Party to perform the duties hereunder for a period of Sixty (60) days time. This shall be construed as a use privilege contract, including the right of use and occupancy of the golf shop, snack bar area, and locker -rest room area with the obligation upon Grantee to supervise the operation and maintenance of the Oso 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 hereto this the day of November, 1972. ATTEST: City Secretary APP OVED : �G�L ,mil DAY OF ER, 1972: z �V'e CY,ty Atfo ney- `Z / A� THE CITY OF CORPUS CHRISTI, TEXAS By R. Marvin Townsend City Manager "CITY" Tom Lawrence "SECOND PARTY" THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE DAY OF X ,-e t92�, BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL p- ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. �[qy J. HOWARD STARK THAT THE FOREGOING ORDINANCE WAS READ F R THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE DAY OF�� t9�, BY THE FOLLOWING VOTE: T RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES all- GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING Rl)lt4ANrl WAS READ FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE eR�a DAY OF l 19Z, BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS ATTEST: CITY SECRET RY AP 0 ED: DAY OF / 19 CIG�Y A7'7EY THE CITY OF COVUV CHRISTI, TEXAS