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HomeMy WebLinkAboutResolution - 102777G - Amendment To Golf Professional Agreement-John J Mcclure-Meadowbrook Municipal GC - 10_27_1977A< KJ:hw RESOLUTION /024q9q 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 an Amendment to the Golf Professional Agreement, 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 27th day of October 1977. Itu. �ffi BOY BASS, MAYOR ATTEST J4-tA,A� Treva Phillips, City Secr tary-- Treasurer By: Marly N.011indsey APPROVED AS TO FORM: Fred O. Senter, Jr. , City Att hey 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. L;. Amend paragraph 7 by adding the following sentences thereto: "The PROFESSIONAL shall pay a rental rate of 10°fo 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 written consent of the CITY. Provided, however, the PROFESSIONAL may assign or sub -lease the operation of the snack bar .and concessions; without consent of the .CITY. .. D. Make the attached Exhibit "A" a part thereof. EXECUTED this ay of (X�LfA�t.[ti 1977. CITY OF LUBBOCK C BOY TtASS, MAYOR ATTEST: Treva Phillips, City Secre ary-Treasurer By: Maly 1 /Lindsey, Deputy APPROVED AS TO FORM: dam_ Fred O. Senter, r. , Cit torney JIV N J. OCCLURE 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 in. the CITY and such additions or improvements `shall be sub r 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 condhion all improvements, facilities and equipment included herein, ordinary wear and tear excepted, such maintenance to be the sole responsibility and obliaa- 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. 7. 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 apart 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 premise s,..all other maintenance including painting.and redecoration,shall be performed by the LESSEE..' 12. '.That on or before the. expiration date 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.