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HomeMy WebLinkAbout16889 ORD - 02/24/1982AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR GOLF PROFESSIONAL AND ASSISTANT GOLF PROFESSIONAL SER- VICES AT THE CORPUS CHRISTI GOLF CENTER FOR A PERIOD OF THREE YEARS WITH THE GOLF PROFESSIONAL AT A COMPISATION OF $1,350 PER MONTH AND FIVE (5%) PERCENT OF THE GROSS SALES OF THE PRO7SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND SIX (6%) PERCENT THEREAFTER; THE FIRST ASSIS- TANT GOLF PROFESSIONAL AT A COMPENSATION OF $850 PER MONTH AND THREE (3%) PERCENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND FOUR -(4%) PERCENT THEREAFTER; AND THE SECOND ASSISTANT GOLF PROFESS, IONAL AT A CCMPENSATION OF $800 PER MONTH AND TWO (2%) PERT. CENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND THREE (3%) PERCENT THEREAFTER, AS MORE FULLY SET FORTH IN THE CONTRACTS, A SUBSTANTIAL COPY OF EACH IS ATTACHED AND MADE A PART HEREOF AND MARKED EXHI- BITS 1, 2 AND 3. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: That the City Manager be and he is hereby authorized and directed to execute contracts for Golf Professional and Assistant Golf Professional services at the Corpus Christi Golf Center for a period of three years with the Golf Pro- fessional at a compensation of $1,350 per month and five (5%) percent of the gross sales of the Pro Shop up to gross sales in the amount of $120,000, and six (6%) percent thereafter; the First Assistant Golf Professional at a compenr sation of $850 per month and three (3%) percent of the gross sales of the Pro, Shop up to gross sales in the amount of $120,000 and four (4%) percent there- after; and the Second Assistant Golf Professional at a compensation of $800 per month and two (2%) percent of the gross sales of the Pro Shop up to gross sales in the amount of $120,000 and three (3%) Percent thereafter, as more-fullyset forth in the contracts, a substantial copy of each is attached and made a part' hereof and marked Exhibits 1, 2 and 3, 16887 SEP 8 1984 441UntILMED. CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into 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 Acting City Manager, Ernest M. Briones, and BRUCE HADDAD of Nueces County, Texas, hereinafter called "Second Party". WITNESSETH: 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 as Golf Professional at the Corpus Christi Golf Center subject to all of the terms and conditions of this contract, for a period of three Years beginning on FEBRUARY 1, 1982 and ending FEBRUARY 2, 1985, unless sooner terminated. Second Party shall be a person qualified in the management of a golf course, whose duty shall be to mai-lege and control the administration and operation of but excluding any maintenance of the Golf Course. Second Party shall act as Golf Professional and receive a monthly payment of $1350; cost of living increases to this basic salary are to be negotiated on a annual basis subject to City Council approval of a City cost of living allowance increase. Payment shall be on the shall be entitled to 10 leave without deduction 15th & 30th of every month. Second Party days vacation leave and to six days sick from contract payments, provided, however, it is expressly understood that Second Party is an independent contractor and not a City employee. In addition, Second Party is authorized to receive 5 percent (5%) of the gross sales of the pro shop up to gross sales in the amount of $120,000 and 6 percent (6%) thereafter. Gross sales is defined as the total sales less tax of: the merchandise ;ales of the pro shop, the charges for repairs of clubs from the club repair shop, locker rentals, club rentals and pull cart rentals. Page -2- , There'shal'l be no other singular costs or charges applied to costs incurred in buying or selling goods, or their inventory cost. The Pro Shop merchandise and club repair shop merchandise shall be inventoried on a monthly basis and monthly sales of pro shop merchandise, charges for locker rentals, club rentals, pull cart rentals, and club repair shall be identified and provided to the finance department for determination of the gross monthly sales, less tax. The finance department will pay the Golf Professional, and Ass't 'Golf Professionals their respective contract percentage of the gross sales deter- mined on a monthly basis as certified by the Director of Park; and Recreation; said payment subject to not more than 30 days delay to allow for inventory tabulation and processing. It is understood that electrical, gas and water services are available to the pro shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. A. Second Party shall be in charge of and shall have the responsibility for management and supervision of the Corpus Christi Golf Center Pro Shop and Club House and Assistant Golf Professionals, including recommending the hiring or termination of the Assistant Golf Professionals. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. Second Party shall collect all green fees, electric cart rentals, driving range charges and other charges now in force in regard to said Corpus Christi Golf Center 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. He shall keep strict and accurate books of account of all green fees, electric cart rentals, range charges and pro -shop merchandise sales and other charges collected by him, including club rentals, pull cart rentals, locker rentals and Page -3- club repair charges 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. Second Party agrees that he will incur no debts or obligations on the credit of City in the operation of said business, except under standard City procedures. C. Second Party shall furnish a good and sufficient bond in the sum of not less than Eight Thousand Dollars ($8,000), with the surety thereon 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. D. Second Party shall have the right to give golf lessons and all revenue therefrom shall be the property of second * Party, however said lessons must be accounted for in the same manner as other gross revenue from golf course operations. Second Party may authorize other individuals to give lessons provided satisfactory arrangements are made for the use of the course and all revenue therefrom shall be accounted for in the same manner as prescribed for lessons given by the Second Party. E. Second Party shall be responsible for and control the activities of caddies and other Pro -Shop help on the golf course and shall take whatever action is necessary to insure that the caddies and other help condubt 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. Page -4- F. Second Party shall endeavor to maintain and promote a continuing program to attract citizens and tourists and to encourage use of the golf facilities, particularly weekday play, and shall maintain a minimum of four sets of rental golf clubs for use by the public. City shall continue its promotional activities for the facility, including brochures and listings in departmental literature. G. Second Party agrees to adequately publicize course rules and regulations, and to post green fees, caddy rates, and golf cart rental rates. H. The Club House food and drink concession will be awarded through competitive bidding by the City. Second Party shall supervise the concession operation and perform all duties and responsibilities as are required to assure that the concessionaire complies with the concession contract relating to service in the Club House. Second Party will receive no part of the concession income. I. It is understood and agreed that Second Party will be responsible for the personal property on hand in the Pro Shop as well as all real property and merchandise hereinafter purchased for the pro shop; and suffer no waste and will deliver the said property back to City at the expiration or termination of this contract in the same condition as the same was received, natural 'wear and tear alone excepted. Second Party will maintain an inventory of all City -owned furniture and equipment at said Corpus Christi .Golf Center. Any adjustments required must be authorized by the Director of Park and Recreation. J. It is understood and agreed that the City is responsible for all major and minor repairs. It is 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 repairs. Page -5- K. 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 Corpus Christi Golf Center any of the items at the golf shop, which are presently offered for sale. L. Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said golf shop and agrees to carry public liability insurance in the amount of $300,000/ $500,000 and property damage liability insurance of $20,000/ $100,000. Copies of said policy shall be filed with the Director of Park and Recreation. It is agreed that City will reimburse Second Party for the cost of said insurance. M. Second Party agrees that he will make no alterations in the Club House or Pro Shop without consent of the Director of Park and Recreation in writing. N. It is understood that City shall keep the fairways, grounds and buildings and will maintain the same. 0. Second Party shall be held responsible for the fair and just treatment of all persons under his supervision. He shall insure that no such person or customer is discriminated against because of race, color, creed or national origin. P. Second Party shall work in a cooperative manner with the Golf Course Superintendent in the maintenance and arrangements of greens and tees and other golf facilities, especially where golf course play is concerned. Q. 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 Corpus Christi Golf Center, and that immediately upon such cancellation that City, its agents, servants and employees shall have the right, without further notice or demand, to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. R. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse Second Party at the same rate as City employees of the equivalent salary/pay grade for a comparable cost policy as that in force for City employees. S. It is understood and agreed, that this contract is a personal contract, not assignable, and that the same will terminate upon the death of Second Phrty, or in the event of the inability of Second Party to perform the duties hereunder for a period of sixty (60) days time. It is agreed that Second Party may terminate this agreement with City provided that thirty (30) days notice is given. This shall be construed as a use privilege contract, including the right of use and occupancy of the golf shop, and locker/restroom area with the obligation upon Second Party to supervise the operation of the Corpus Christi Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESS the hands of the parties hereto this the day of . 1982. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS City Secretary APPROVED: DAY OF FEBRUARY, 1982 J. BRUCE AYCOCK, CITY ATTORNEY By City Attorney APPROVED: By Ernest M. Briones, Acting City Manager "CITY" BRUCE HADDAD "SECOND PARTY" CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into 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 Acting City Manager, Ernest M. Briones, and HERBERT BUDER of Neuces County, Texas, hereinafter called "Second Party". WITNESSETH: 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 as First Assistant Golf Pro- fessional at the Corpus Christi Golf Center subject to all of the terms and conditions of this contract, for a period of three years beginning on FEBRUARY 1, 1982 and ending, FEBRUARY 2, 1985, unless sooner terminated. Second Party shall be a person qualified in the management of a golf course, whose duty shall be to assist the golf professional in the management and control of the administration and operaiion of but excluding any maintenance of the Golf Course. Second Party shall act as First Assistant Golf Professional and receive a monthly payment of $850; cost of living increases to this basic salary are to be negotiated on a annual basis subject to City Council approval of a City cost of living allowance increase. Payment shall be on the 15th & 30th of every month. Second Party shall be entitled to 10 days vacation leave and to six days sick leave without deduction from contract payments, provided, however, it is expressly understood that Second Party is an independent con- tractor and not a City employee. In addition, Second Party is authorized to receive three percent (3%) of the gross sales of the pro shop up to gross sales in the amount of $120,000 and four percent (4%) thereafter. EXit-z Page -2- Gross sales is defined as the total sales less tax of: the merchandise sales of the pro shop, the charges for repairs of clubs from the club repair shop, locker rentals, club rentals and pull cart rentals. There shall be no other singular costs or charges applied to costs incurred in buying or selling goods, or their inventory cost. The Pro Shop merchandise and club repair shop merchandise shall be inventoried on a monthly basis and monthly sales of pro shop merchandise, charges for locker rentals, club rentals, pull cart rentals, and club repair shall be identified and provided to the finance department for determination of the gross monthly sales, less tax. The finance department will pay the Second Party the respective contract percentage of the gross sales determined on a monthly basis as certified by the Director of Park and Recreation; said payment subject to not more than 30 days delay to allow for inventory tabulation and processing. It is understood that electrical, gas and water services are available to the pro shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. A. Second Party shall assist the Golf Professional in the Management and supervision of the Corpus Christi Golf Center Pro Shop and Club House. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. .Second Party shall during assigned working days, collect all green fees, electric cart rentals, driving range charges and other charges now in force in regard to said Corpus Christi Golf Center or as may hereafter be establish- ed 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 Page 13 - without having in his possession such ticket. He shall keep strict and accurate books of account of all green fees, electric cart rentals, range charges and pro -shop merchandise sales and other charges collected by him, including club rentals, pull cart rentals, locker rentals and club repair charges and when required by the Golf Professional, 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 when ;. required by the Golf Professional, make a monthly itemized report to the City Manager and/or Director of the Park and Recreation Department of such collections. Second Party agrees that he will incur no debts or obligations on the credit of City in the operation of said business, except under standard City procedures. C. Second Party shall furnish a good and sufficient bond in the sum of not less than Eight Thousand Dollars (88,000), with the surety thereon 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. D. Second Party shall have the right to give golf lessons and all revenue therefrom shall be the property of second Party, however said lessons must be accounted for in the same manner as other gross revenue from golf course operations. E. Second Party during assigned working days shall be responsible for and control the activities of caddies and other Pro -Shop help on the golf course and shall take whatever action is necessary to insure that the caddies and other help conduct themselves in an orderly manner. Second Party shall insure that the conduct of all employees is satisfactory and in keeping with the conduct required of City employees in general. Page -4- Second Party shall also insure that neither he, 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. F. The Club House food and drink concession will be awarded through competitive bidding by the City. Second Party shall when required by the Golf Professional, supervise the concession operation and perforM all duties and responsibil- ities as are required to assure that the concessionaire complies with the concession contract relating to service in the Club House. Second Party will receive no part of the concession income. G. It is understood and agreed that Second Party will be responsible for the personal property on hand in the Pro Shop as well.as.all real property and merchandise hereinafter purchased for the pro shop; and suffer no waste and will deliver the said property back to City at the expiration or termination of this contract in the same condition as the same was received, natural wear and tear alone excepted. Second Party will maintain an inventory of all City -owned furniture and equipment at said Corpus Christi Golf Center. Any adjustments required must be authorized by the Director of Park and Recreation. , H. It is understood and agreed that the City is responsible for all major and minor repairs. It is 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 repairs. I. "Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said golf shop and agrees to carry public liability insurance in the amount of $300,000/ $500,000 and property damage liability insurance of $20,000/ $100,000. Copies of said policy shall be filed with the Director of Park and Recreation. It is agreed that City will reimburse Second Party for the cost of said insurance. page TS - J. Second Party agrees that he will make no alterations in the Club House or Pro Shop without consent of the Golf Professional and the Director of Park and Recreation in writing. K. Second Party shall be held responsible for the fair and just treatment of all persons under his supervision. He shall insure that no such person or customer is discriminated against because of race, color, creed or national origin. L. Second Party shall work in a cooperative manner with the Golf Course Superintendent in the maintenance and arrangements of greens and tees and other golf facilities, especially where golf course play is concerned. M. 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 Corpus Christi Golf Center, and that immediately upon such cancellation that City, its agents, servants and employees shall have the right, without further notice or demand, to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. N. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse Second Party at the same rate as City employees of the equivalent salary/pay grade for a comparable cost policy as that in force for City employees. 0. It is understood and agreed, 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. It is agreed that Second Party may terminate this agreement with City provided that thirty (30) days notice is given. This shall be conStrued as a use privilege contract, including the right of use and occupancy of the golf shop, and Page -6- locker/restroom area with the obligation upon Second Party under the direction of the Golf Professional to supervise the operation of the Corpus Christi Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESS the hands of the parties hereto this the day of , 1982. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS City Secretary By Ernest M. Briones Acting City Manager "CITY" APPROVED: DAY OF FEBRUARY, 1982 J. BRUCE AYCOCK, CITY ATTORNEY By City Attorney APPROVED: HERBERT BUDER "SECOND PARTY" CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT AND CONTRACT made and entered into 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 Acting City Manager, Ernest M. Briones, and JAMES NEDBALEK of Nueces County, Texas hereinafter called "Second Party". WITNESSETH: 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 as Second Ass't Golf Professional at the Corpus Christi Golf Center subject to all of the terms and conditions of this contract, for a period of three years beginning on FEBRUARY 1, 1982 and ending, FEBRUARY 2, 1985, unless sooner terminated. Second Party shall be a person qualified in the management of a golf course, whose duty shall be to assist the Golf Professional and First Asst Golf Professional in the management and control of the administration and operation of but excluding any maintenance of the Golf Course. Second Party shall act as Second Assistant Golf Professional and receive a monthly payment of $800; cost of living increases to this basic salary are to be negotiated on an annual basis subject to Ctiy Council approval of a City cost of living allowance increase. Payment shall be on the 15th & 30th of every month. Second Party shall be entitled to 10 days vacation leave and to six days sick leave without deduction from contract payments, provided, however, it is expressly understood that Second Party is an independent contractor and not a City emplOyee. In addition, Second Party is authorized to receive 2 percent (2%) of the gross sales of the pro shop up to gross sales in the amount of $120,000 and 3 percent (3%) thereafter. Page -2- Gross sales is defined as the -total sales less tax of: the merchandise sales of the pro shop, the charges for repairs of clubs from the club repair shop, locker rentals, club rentals and pull cart rentals. Thereshallbe no other singular costs or charges applied to costs incurred in buying or selling goods, or their inventory cost. The Pro Shop merchandise and club repair shop merchandise shall be inventoried on a monthly basis and monthly sales of pro shop merchandise, charges for locker rentals, club rentals, pull cart rentals, and club repair shall be identified and provided to the finance department for determination Of the gross monthly sales, less tax. The finance department will pay the Second Party the respective contract percentage of the gross sales determined on a monthly basis as certified by the Director of Park and Recreation; said payment subject to not more than 30 days delay to allow for inventory tabulation and processing. It is understood that electrical, gas and water services are available to the pro shop, club repair shop and locker rooms and that these services will be provided by the City at no cost to Second Party. A. Second Party shall assist the Golf Professional in the management and supervision of the Corpus Christi Golf Center Pro Shop and Club House. Such operation shall be in strict accordance with any and all rules and regulations now in force in regard to said course not in conflict with this contract and any that may hereafter be promulgated by the Director of Park and Recreation. B. -Second Party shall during assigned working days, collect all green fees, electric cart rentals, driving range charges and other charges now in force in regard to said Corpus Christi Golf ,Center or as may hereafter be establish- ed 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 Page -3- without having in his possession such ticket. He shall keep strict and accurate books of account of all green fees,' electric cart rentals, range charges and pro -shop merchandise sales and other charges collected by him, including club rentals, pull cart rentals, locker rentals and club repair charges and when required by the Golf Professional, shall denosit all such fees, rates, charges and the cash register receift 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 when required by the Golf Professional, make a monthly itemized report to the City Manager and/or Director of the Park and Recreation Department of such collections. Second Party agrees that he will incur no debts or obligations on ihe credit of City in the operation of said business, except under standard City procedures. C. Second Party shall furnish a good and sufficient bond in the sum of not less than Eight Thousand Dollars ($8,000), with the surety thereon 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. D. Second Party shall have the right to give golf lessons and all revenue therefrom shall be the property of second Party, however said lessons must be accounted for in the same manner as other gross revenue from golf course operations. E. Second Party during assigned working days shall be responsible for and control the activities of caddies and other Pro -Shop help on the golf course and shall take whatever action is necessary to insure that the caddies and other help conduct themselves in an orderly manner. Second Party shall insure that the conduct of all employees is satisfactory and in keeping with the conduct required of City employees in general. Page -4- Second Party shall also insure that neither he, 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. F. The Club House food and drink concession will be awarded through competitive bidding by the City. Second Party shall when required by the Golf Professional, supervise the concession operation and perform all duties and resaInsibil- ities as are required to assure that the concessionaire complies with the concession contract relating to service in the Club House. Second Party will receive no part of the concession income. G. It is understood and agreed that Second Party will be responsible for the personal property on hand in the Pro Shop as well as all real property and merchandise hereinafter purchased for the pro shop; and suffer no waste and will deliver the said property back to City at the expiration or termination of this contract in the same condition as the same was received, natural wear and tear alone excepted. Second Party will maintain an inventory of all City -owned furniture and equipment at said Corpus Christi Golf Center. Any adjustments required must be authorized by the Director of Park and Recreation. H. It is understood and agreed that the City is responsible for all major and minor repairs. It is 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 repairs. I. -Second Party agrees to indemnify and hold City harmless for any hurt, injury or damage to persons or property caused by Second Party's operation of said golf shop and agrees to carry public liability insurance in the amount of $300,000/ $500,000 and property damage liability insurance of $20,000/ $100,000. Copies of said policy shall be filed with the Director of Park and Recreation. It is agreed that City will reimburse Second Party for the cost of said insurance. Page -5- J. Second Party agrees that he will make no alterations in the Club House or Pro Shop without consent of the Golf Professional and the Director of Park and Recreation in writing. K. Second Party shall be held responsible for the fair and just treatment of all persons under his supervision. He shall insure that no such person or customer is discriminated against because of race, color, creed or national origin. L. Second Party shall work in a cooperative manner with the Golf Course Superintendent in the maintenance and arrangements of greens and tees and other golf facilities, especially where golf course play is concerned. M. 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 Corpus Christi Golf Center, and that immediately upon such cancellation that City,. its agents, servants and employees shall have the right, without further notice or demand, to remove all persons from the Corpus Christi Golf Center without being liable for any claims for damages by reason of such cancellation. N. Second Party shall have the option of continuing or selecting a health and life insurance plan and City will reimburse Second Party at the same rate as City employees of the equivalent salary/pay grade for a comparable cost policy as that in force for City employees. 0. I.t is understood and agreed, 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. It is agreed that Second Party may terminate this agreement with City provided that thirty (30) days notice is given. This shall be construed as a use privilege contract, including the right of use and occupancy of the golf shop, and Page -6- __locker/restroom area with the obligation upon Second Party under the direction of the Golf Professional to supervise the operation of the Corpus Christi ' Golf Center Pro Shop and Club House as a public municipal facility with the duty of enforcing all rules, regulations and ordinances pertaining to same. WITNESS the hands' of the parties hereto this the day of 1982. ATTEST: THE CITY OF CORPUS CHRISTI, TEXAS By City Secretary Ernest M. Briones, Acting City Manager "CITY" APPROVED: DAY OF FEBRUARY, 1982. J. BRUCE AYCOCK, CITY ATTORNEY By City Attorney APPROVED: JAMES NEDBALEK "SECOND PARTY" That the foregoing ordinance was read for e first timesnd passed to its second reading on this the /19 day of ig,a— , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for e second time and passed to its • third reading on this the /2 -day o , 19)?2„. , by the. following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoin ordinance wasOlread for the third time and passed finally on this the day of 2 19P---, by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of ATTEST: ' Ci Secretary APPR9IED: /6; DAY OF , 19&/: J. BRUCE AYCOCK, ITY ATTORNEY By MAYOR THE CITY. OF CORPUS CHRISTI, TEXAS , 19 1.2- .