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HomeMy WebLinkAboutResolution - 082577E - Golf Professional Agreement - John J Mcclure - Meadowbrook Municipal Golf Course - 08_25_1977KJ:bsb of RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Golf Professional Agreement between the CITY OF LUBBOCK and JOHN J. McCLURE, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed -by the. City Council this 25 day of August , 1977. ROY B SS, MAYOR ATTEST: a}�Phillips s Ci S etary- easure RO�aV�E,DTO/I FORM: 0. Senter, Jr., $rfy Attorney December 17, 1971 PROPOSAL - GOLF PROFFESSIONAL'S CONTRACT The City will pay the Golf Professional a salary equivalent to his duties as department head of the Golf Department. - $12,300 annually which includes $1200 for the PGA pension plan. The Golf Professional will contract for five years with the City and pay the City $9000 i PC r annum plus either $.952 per paid golf cart round* of every round over 9412 or $.15 per paid round* of golf for every round over 60,000, whichever dollar amount is greater. The City will receive all income from: 1. Green fees and memberships 2. Lease of snack bar 3. -Lease of.golf lockers 4. Lease of barber shop 5. 15% of gross income from driving range The Golf Professional will receive all income from: 1, -Sale of equipment from Pro Shop 2. Golf lessons •3. Repair of golf equipment 4. Storage of golf equipment 5. Rental of golf cars and carts 6. Rental of golf equipment 7. 85% of gross revenue of driving range The Golf Pro will continue to have full responsibility and authority over the golf course. Round is defined as 18 holes. ITEM 46 GOLF PROFESSIONAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement entered into this day between the CITY OF LUBBOCK, herein- after called "CITY" and JOHN J. McCLURE, hereinafter called "PROFESSIONAL", to provide for services to be performed and compensation to be paid for the manage- ment and golf professional duties rendered at Meadowbrook Municipal Golf Course owned and operated by the City of Lubbock. WITNESSETH: WHEREAS, the PROFESSIONAL has been employed by the CITY in the capacity of golf course manager and golf professional for Meadowbrook Municipal Golf Course at the annual salary of $14,500.00, plus a sum, not to exceed $2,400.00 annually to be paid by the CITY, to the Professional Golfer's Association as contribution to its Pension Plan on behalf of the PROFESSIONAL and such assistant golf professional as may be designated by the PROFESSIONAL. In addition, the PROFESSIONAL shall receive a car allowance of $360.00 annually to be paid by the CITY in equal installments each City pay period. The salary to be paid to the PROFESSIONAL shall be paid in the same manner as other City employees and the PROFESSIONAL shall be entitled to the same benefits as other City employees including cost of living raises and stability pay and shall be bound by the same regulations; further, it shall not be interpreted or implied that the PROFESSIONAL has received rights under this contract that are contrary to the City Charter, City Code or City Regulations, in particular, this employment shall not be for a stated period of time, The PROFESSIONAL shall have responsibility and authority over the golf course as the manager and shall perform all duties assigned or necessary to its proper operation; and, WHEREAS, the CITY and the PROFESSIONAL desire to enter into this agreement setting out the responsibilities and division of income received from use of the golf course and its facilities and the services performed by the PROFESSIONAL as an independent contractor: 1. This agreement is separate and apart from the employment of the PROFESSIONAL by the CITY, but the compensation received thereby is considered in the payment for the services herein. 2. This agreement shall continue for a period of five (5) years from October 1, 1977 until September 30, 1982, unless terminated by agreement of the parties hereto, failure of performance by either party or the termination of employment of the PROFESSIONAL before the full term of this agreement. 3. The PROFESSIONAL shall keep such books of account and records shall be open, at all reasonable times, to inspection by representatives of the City Manager or the Finance Director of the City. In addition, the CITY may make an annual audit of such accounts and funds by its internal auditor and/or its independent auditor and the PROFESSIONAL shall furnish an annual certification by the PROFESSIONAL's auditor, of the number of golf cart rounds. 4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operating a pro shop, giving golf instructions, repair and storage of golf equipment, rental of golf carts, golf cars, golf equipment. Any other golf related concession or service that the PROFESSIONAL may wish to install at his cost or he may wish to provide which is not in competition with the conces- sions and services from which the CITY receives income as provided in this contract shall be subject to negotiation between the CITY and the PROFESSIONAL. 5. The CITY retains and shall receive the income from green fees and memberships, lease of the snack bar, lease of golf lockers and lease of the barber shop. .The PROFESSIONAL shall not supervise directly the leased snack bar or barber shop, but he shall, in his capacity as manager of the golf course, regularly inspect.these leased facilities and report any violation of the lease or objectionable activities to the CITY. 6. The gross income from the driving range shall be retained by the PROFESSIONAL. 7. For the privileges and concessions granted herein the PROFESSIONAL shall pay to the CITY the sum of $8,000.00 per year, paid in equal monthly payments on the loth day of each month, and in addition, either $1,00 per paid golf car round (a round being 18 holes) of every round over 190 per cart, annually, or $4,000.00 annually, whichever dollar amount is greater, with such payment to be made at the end of each 12 months during the duration of this agreement. The minimum payment shall increase from $4,000.00 to $5,000.00 when the additional nine holes are open for play. The 12 months period on which accounts and payments are based shall be the fiscal year of the CITY. The PROFESSIONAL may retain $4,000.00 of the $8,000.00 annual payment to be made to the CITY for such period of time as necessary to repay the PROFESSIONAL for the amount he expends on the expansion of the golf cart storage shed. Upon com- pletion of repayment to PROFESSIONAL, the payment shall be $8,000.00 annually. In the event repayment is completed within a fiscal year, the payment shall be that proportionate share of the fiscal year remaining. 8. The PROFESSIONAL shall operate in a safe condition, at his own expense, any area used for his concession operations and shall hold the CITY harmless from any liability that might arise from the operation of such concessions whether contractual or arising from any accident occurring in the performance of his con- cession, the use by any patron or visitor to the PROFESSIONAL'S concession or any employee he may employ or service or trades person doing business with such con- cession. The PROFESSIONAL shall maintain insurance in S sum not less than $100,000.00 per person and $300,000.00 per accident naming the CITY as an insured party. The CITY shall not hold the PROFESSIONAL liable, in his capacity as a concession operator, for any liability incurred by accidents away from the concession or instruction area unless such accident occurred in the course of concession or instruction activity. 9. In order to promote the continuity of services to the golfing public of the City of Lubbock and to encourage a high standard of automotive golf car operation and a golf shop consistent with the needs of the golfing public by the PROFESSIONAL during the term hereof, it is mutually agreed as follows: That this contract for the services of the golf PROFESSIONAL shall be reviewed by the CITY one year prior to its termination date. Such review shall be for the purpose of extending the term hereof for an additional two year period and to negotiate the terms of the extended contract. Such review and negotiations shall reach a mutually satisfactory decision as to whether or not a contract shall be renewed for at least an additional two years, by August 1, 1982, or it shall be conclusively established that this contract will not be renewed and shall terminate on its 5th anniversary date. Such notice and the time therefor, shall be distinct from the notice to be given for termination for cause as set forth in Paragraph 13. 10. In the event this contract for the services of a golf PROFESSIONAL is terminated by the CITY, then CITY agrees to recommend to the successor that he purchase the inventory of merchandise and golf equipment and automotive golf car(s)owned by PROFESSIONAL, upon the following formula: - 3 - i A. All inventory of merchandise and golf equipment shall be the invoice cost or depreciated value, whichever is less, depreciated value, if not agreed upon by the parties involved, shall be determined by each party securing two separate appraisals of the property of unagreed value from golf professionals, and the average of the four appraisals secured shall be the cost thereof to the successor. B. All automotive golf cars and parts inventory shall be the average of three appraisals secured by the parties from three (3) golf car manufacturer's representatives, one of which shall be the manufacturer of the majority of the golf cars involved, and the other two representatives may be selected by the successor. 11. Upon termination of this agreement the PROFESSIONAL may remove all concession wares, goods and equipment which he owns or has on consignment along with all equipment, display cases and fixtures which are not permanently attached to the premises. The premises shall be restored in good order acceptable to the CITY, normal wear and depreciation excepted, upon removal of such goods and equip- ment. 12. This contract may not be assigned in any way without the prior written consent of the CITY. 13. Written notices to be given under the terms of this contract shall be by Certified Mail, Return Receipt Requested, to each party at the following addresses: City of Lubbock Attn.: City Manager P. 0. Box 2000 Lubbock, Texas 79457 Mr. John McClure P. 0. Box 1394 Lubbock, Texas 79408 Notice of termination by reason of failure of performance or termination of employ- ment of the PROFESSIONAL shall be given to the other party with the date of termi- nation to be 30-days from date of notice. FJMCUTED-this 25 day of August , 1977. CITY OF LUBBOCK ROY BASS,-ITAfdR ATTEST: \.ram2%k6l�4 ty creta�Trer A„�Phip�, ROVED 4 TO FORM: \� Fred 0. Senter, Jr., Cit torney JOHN . McCLU GOLF PROFESSIONAL AGREEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement entered into this day between the CITY OF LUBBOCK, hereinafter called "CITY" and JOHN J. MbCLURE, hereinafter called "PRO- FESSIONAL", .to provide for services to be performed and compensation to be paid for the management and golf professional duties rendered at Meadow - brook Municipal Golf Course owned and operated by the City of Lubbock. WITNESSETH: No Text No Text No Text No Text AMENDMENT TO GOLF PROFESSIONAL AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock and John J. McClure entered into an agreement dated August 25, 1977. covering management and golf professional duties at.Meadowbrook Municipal Golf Course; and WHEREAS, the parties to such agreement desire to amend it to include the lease and supervision of the snack bar and concessions at Meadowbrook Municipal Golf Course; NOW THEREFORE:' The Golf Professional Agreement is hereby amended as follows: A. Amend paragraphs No. 4 and 5 to read as follows: 4. The CITY hereby grants to the PROFESSIONAL the right, concession and privilege of operating a pro shop, . giving golf instructions, repair and storage of golf equipment, rental of golf carts, golf cars, golf equipment and snack bar. Any other golf related concession or service that the PROFESSIONAL may wish to install at his cost or he may wish to provide which is not in competition with the concessions and services from which the CITY receives income as provided in this contract shall be subject to negotiation between the CITY and the PROFESSIONAL. 5. The CITY retains and shall receive the income from green fees and memberships, lease of golf lockers and lease of the barber shop. The PROFESSIONAL shall not supervise directly the barber shop, but he shall, in his capacity as manager of the golf course, regularly inspect these leased facilities and report any violation of the lease or objectionable activities to the CITY. B. Amend paragraph 7 by adding the following sentences thereto: "The PROFESSIONAL shall pay a rental rate of.10% of the gross revenue, exclusive of taxes, derived from the operation of the concession, snack bar, and other related services, or $4, 000.00 annually, whichever sum is greater. It is further agreed that all rentals shall be due and payable monthly, in arrears, on or before the loth day of each and every month during the term of this agreement. PROFESSIONAL agrees to maintain adequate books of account and records completely showing, at all times, the gross revenue derived from the operation of the snack bar, concession stand service during each calendar month, such books and records will, at all reasonable times, be open to inspection and audit by the City Manager, or any other duly authorized rep- resentative of the City of Lubbock. PROFESSIONAL as LESSEE of the snack bar concession shall be subject to the provisions and conditions as outlined in Exhibit "A" to this agreement. C. Amend paragraph No. 12 to read as follows: 12. This contract may not be assigned in any way without the prior EXECUTED this ?%� day of � (� 1977. CITY OF LUBBOCK ROY ASS, MAYOR ATTEST: Treva Phillips, City Secretiary-Treasurer By:— y hj!JLindsey, 'Deputy APPROVED AS TO FORM: Fred O. Senter, r. , Cit torney J N J. btCLURE EXHIBIT "A" This Lease is made subject to the following provisions and conditions: 1. This Lease is subject to any and all applicable laws, ordinances, rules and regulations pertaining to the Golf Course or to the operation of the snack bar concession stand. 2. John J. McClure, The Professional, hereinafter called LESSEE shall have the exclusive right, during the term of this lease or any extensions thereof, to conduct, operate and maintain a snack bar concession stand, within the Meadow - brook Municipal Golf Course. LESSEE may assign or sub -lease this Agreement with the provision that any Assignee or Sub -Lessee shall comply with the provisions herein. 3. The LESSEE shall cook, prepare, serve and sell in a sanitary manner, foods and beverages of first quality at the locations herein designated to the patrons of the Golf Course, the general public, and others; such foods and services shall be provided to such persons at prices comparable for like quality foods prevailing in the City of Lubbock; such foods and services shall be provided during hours of operation approved by the Golf Course Manager, as maeting the reasonable needs of the users of the Golf Course— The LESSEE shall provide the services contem- plated herein in a courteous and efficient manner so as to reflect credit upon his operations and the operations of the Golf Course. 4. The LESSEE shall not make, permit, or suffer any additions, improve- ments or alterations to the property which constitute any major structural change or changes without prior written consent of the CITY, and any such additions, im- provements or alterations made with the consent of the CITY shall be solely at the expense of the LESSEE and unless such consent provides specifically that title to the addition or"improvement so made shall vest in the LESSEE; _title thereto shall, 'at,all times;..remain iri.the CITY and such additions or improvements shall be sub- ject to all terms and conditions of this instrument. The LESSEE agrees to hold • _ the CITY harmless from, mechanic's, and materialman's liens arising from any additions, improvements or alterations effected by the LESSEE. The CITY, City Manager, or other designated representative shall have the right to inspect the pro- perty at all reasonable times during the term of this lease. The LESSEE agrees that it will, at all times during the term of this lease, maintain in good and service- able condition all improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance_ to be the sole responsibility and obliga- tion of the LESSEE. 5. That any property of the CITY, or for which the CITY may be responsible, is damaged or destroyed incident to the exercise of the privileges herein granted shall be properly repaired or replaced by the LESSEE to the satisfaction of the CITY and its authorized representative, or in lieu of such repair or replacement the LESSEE shall, if so required by the CITY, pay to the CITY money in any amount deemed sufficient by the governing body of the CITY to compensate for the loss sustained by the CITY by reason of the loss of, damage to, or destruction of such property. 6. LESSEE agrees to indemnify, defend and forever save the CITY, their authorized agents, representatives and employees, harmless from and against any and all penalties, liability, annoyances, or loss resulting from claims or court action of any nature arising directly or indirectly out of acts or omissions of the LESSEE, his agents, servants, guests, employees or other business visitors under this agreement. ?. The LESSEE shall procure and carry with insurers, authorized to do business in the State of Texas and satisfactory to the CITY, and at LESSEE'S ex- pense, insurance in the form and amount sufficient as determined by the CITY, together with such other forms of insurance necessarily required by the CITY dat- ing from the effective date of this lease. REQUIRED INSURANCE: Public Liability insurance to include product liability which specifically covers the consumption or use of food or goods on or away from the premises in the amount of $5, 000.00 for each individual and $10, 000.00 for each incident; Property Damage Insurance in the amount of $5, 000. 00; the LESSEE shall keep the said property so insured, free of cost to the CITY, during the term of this agreement. 8. As a part of the rental consideration, the CITY shall provide heat, electricity, gas and water utility services. 9. That at the commencement of the term of this lease, a condition survey and inventory of the improvements, facilities and equipment embraced herein shall be made by the Golf Course Clubhouse Manager for the CITY and a repre- sentative of the LESSEE. Said survey shall be attached hereto and become a part hereof as fully as if originally incorporated herein. 10. LESSEE agrees to obtain and pay for all licenses, permits, approvals, fees and similar authorizations or charges required under Federal, State or Local laws or regulations insofar as they are necessary to exercise the privileges extended to LESSEE under this agreement. 11. LESSEE agrees to, at all times, at his own expense, keep the premises neat, clean, attractive, safe and orderly, free of waste, refuse and debris and shall provide complete and proper arrangement for the sanitary handling and disposal of trash, garbage and other refuse caused as a result of its activities at the Golf Course. It is specifically understood and agreed between the parties hereto that the LESSOR will maintain the exterior walls, roof and CITY owned mechanical equipment in the demised premises,. all other maintenance including painting and; redecorationshall be performed by the LESSEE. K 12. That on or before the, expirationdate of this lease or relinquishment of this lease, the LESSEE shall, as required by the CITY,. vacate, said premises, remove all property of the LESSEE and restore the improvements, facilities and equipment included herein to as good condition on said date of expiration or relinquishment as when received, ordinary wear and tear excepted. If, how- ever, this lease is revoked, the LESSEE shall vacate the premises, remove said property and restore the improvements, facilities and equipment included herein as aforesaid within such times as the CITY may reasonably designate.. In either event, if the LESSEE shall fail or neglect to remove said property and so restore the improvements, facilities and equipment included herein, then at the option of the CITY said property shall either become the property of the CITY without compensation therefor or the CITY may cause the property to be removed, the improvements, facilities and equipment included herein to be so restored at the expense of the LESSEE and no claim for damages against the CITY or its officers, agents, or employees shall be created on account of such removal and/or restoration. 13. LESSEE agrees that the CITY shall have and is hereby given a lien on all property of any nature placed in or upon or used in connection with the businesses and operations herein authorized, to secure the payment of all sums of money that may be due or become due the CITY. LESSEE further agrees that upon any termin- ation hereof, that none of said property shall be removed from the premises until all accounts with the CITY are paid in full and all property belonging to .the CITY shall be returned to the CITY in as good condition as when received, reasonable wear and tear excepted. 14. The LESSEE agrees that in the performance of this instrument it will comply with and give all stipulations and representations required by the CITY and all other applicable laws, and that in the performance of this lease, he will not discriminate against any employee or applicant for employment because of race, creed, color or racial origin. 15. The LESSEE warrants that he has not employed any person employed by the CITY to solicit or secure this lease upon any agreement for a commission, percentage, brokerage or contingent fee. 16. The failure of the CITY or the Golf Course Clubhouse Manager to insist in any one or more instances upon performance of any of the terms or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term or conditions but the LESSEE'S obligation with respect to such future performance shall continue in full force and effect.