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Res 2947 12/22/1981RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER TO SIGN A CONTRACT WITH NEW GOLF PROFESSIONAL FOR WEEKS PARK GOLF COURSE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Howard Buchanan, whereby Buchanan is designated as the golf professional at Weeks Park Golf Course, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Passed and approved, this the 22nd day of December, 1981. M A Y O ATTEST: City Clerk 74/ - STATE OF TEXAS COUNTY OF WICHITA This Agreement made and entered into this the 22nd day of December 1981 by and between the City of Wichita Falls , Texas , hereinafter called "City" , and Howard Buchanan hereinafter called "Professional" . WITNESSETH: For and in consideration of the mutual covenants hereinafter contained , the parties hereto do hereby agree as follows : 1. City does hereby contract with Howard Buchanan as the golf professional at the Weeks Park Golf Course , and does hereby lease to him the facilities described in Exhibit "A" , attached hereto, located in and around the Weeks Park Golf Course for a period of three (3) years , commencing December 22 198 1 , and thereafter on a month-to- month basis . 2. The Professional shall be considered a contractor and he shall be paid $400. 00 per month for the term of this contract . As an additional benefit , City shall provide health insurance for Professional , and he may pay premium for family coverage if desired. 3. The Professional shall be responsible for the preparation of the annual city budget for the Golf Division, to be submitted to the Park and Recreation Director. 4. All employees required for the operation of the clubhouse facility , including sales , service, and janitorial help , will be employed and paid by the Professional and come under his direct supervision. All employees involved in the maintenance of the course will be employed and paid by the City , and will work under the direction of the Professional . 5. The Professional shall be in charge of and responsible for the operation of the facilities , equipment , and furnishings as described in Exhibit "A" , attached hereto , at Weeks Park Golf Course. He shall be responsible for upkeep of Weeks Park Golf Course and shall maintain it in the best playable condition possible as reviewed by the Park and Recreation Director. Professional shall perform all duties and responsibilities as are required of him by the laws of the State of Texas , the ordinances of the City , the current Golf Policies of the Park and Recreation Department of the City , and the directions of the Park and Recreation Director and the City Manager . A copy of the current Golf Policies is attached hereto and made a part hereof as is copied in full herein, 6. The Professional shall collect for City all daily green fees , annual permit fees , reservation fees , and tournament fees from the opera- tion of Weeks Park Golf Course. Said revenue shall be kept in a cash register provided by the City for the pro shop. He shall keep an accurate account of all daily green fees , annual permits , reservation fees , and tournament fees , and shall turn in 100% of this revenue to the Park and Recreation Department at its office in Memorial Auditorium on Mondays and Fridays each week without exception. All daily green fee tickets signed by players will accompany cash reports . 7 . The Professional shall have the right to give or cause to be given golf lessons at no expense or loss of revenue to the City , and no revenue received therefrom, shall be paid to the City. 8. The Professional shall own all merchandise, including but not limited to , golf clubs , golf balls , and clothing , and will attractively display merchandise in the pro shop at all times . The Professional shall pay City a sum equal to five percent (5%) of the gross sales , excluding sales tax of such merchandise. Daily cash register tapes shall be retained by the Professional on all sales revenue and be available at any time to City or any person designated by it. City' s percentage of pro shop revenue shall be turned in on a monthly basis to the Park and Recreation Department , accompanied by a revenue report form which will be provided by City, and both shall be due on or before the tenth (10th) of the following month. 9. The Professional shall have the exclusive right to retrieve lost golf balls from the ponds , lakes , creeks , etc. , and such retrieved golf balls will be placed in the pro shop for sale as part of the merchandise outlined in Paragraph 8 . 10. The Professional shall own and maintain an adequate number of both electric-powered and pull golf carts . On the rental of electric- powered and pull carts , City shall receive twenty percent (20%) of each rental per eighteen (18) holes , and said revenue percentage shall be turned in twice weekly with green fee revenue. Adequate records and cash register tapes shall be kept on file by the Professional on all cart rental revenue. 11 . Any private golf cart used on the course will conform to City requirements as to tire size and type, horsepower , gear ratio , speed , and power source. The use of private carts on the course will be charged a fee established by the Board of Aldermen, and City shall receive one-half 1/2) and the Professional one-half (1/2) . Private cart fees are payable twice weekly with other cart rentals . 12 . The Professional shall be responsible for the operation of the snack bar facility , either by his own operation or subleased to an indi- vidual or firm. As a condition of this contract , the Professional shall be solely responsible to the City for the following concession-related activities , functions , and policies : A. The Professional shall pay to the City a sum of ten percent 10%) of the gross sales , excluding sales tax, from the snack bar facility to include all sales of food, drink, confection, and other items related to the grill operation including vending machines and amusement games . Daily cash register tapes will be retained by the Professional for inspec- tion at any time by City and will be used to determine the percentage due. Such payment for concession revenue shall be submitted with a report form at the same time the payment is made on the pro shop operation. B. If snack bar concession is subleased , Professional will be held responsible for the quality and general public service during this operation. Any sublease must be approved in writing by the City, and may be terminated for cause at any time without liability against either the Professional or the City. C . The Professional shall open the snack bar and pro shop at least thirty (30) minutes prior to the first tee-off time each morning, and they shall remain open until at least sundown each day, except when course is closed due to inclement weather . D. Approval must be secured from the Park and Recreation Director before any additional equipment is ordered or placed in the snack bar , to include cooking or food service equipment , amusement games , etc. E. The Professional shall be responsible for the operation of all equipment , including kitchen equipment , 'located in the snack bar. Professional shall be responsible for all equipment repair or replacement costs when such repairs or replacements are required due to negligence of Professional or one of his employees. All other repairs or replacements shall be the responsibility of City. F. The Professional shall maintain the premises and equipment in a clean and sanitary manner at all times . The Professional shall be subject to and must comply with all City ordinances , and state and local health regulations for the operation of a restaurant facility. City will furnish all janitorial supplies such as wax, mops , brooms , paper towels , 3- and cleanser for use in the clubhouse. G . The snack bar facility shall be maintained as a sustained concession operation with the serving of quality food , drinks , and supplies , and a sufficiently varied menu to attract and hold an increasing clientele. 13 . It is agreed that the Professional will take good care of the personal and real property as described in Exhibit "A" , attached hereto , and he will deliver the property back to the City at the expiration or other termination of this lease in the same condition as same was received , natural wear and tear excepted. City shall be responsible for cost of all repairs and replacements of City-owned equipment and facilities located on Weeks Park Golf Course unless otherwise stated in this agreement . 14 . It is understood and agreed that the City Manager may at any time , upon reasonable notice, cancel this contract because of violations of laws , ordinances , or rules , regulations , or directions concerning the operation of the golf course and clubhouse by the Professional , or for any other conduct which would constitute cause for the discharge of the Professional if he were a regular employee; in the event of such cancella- tion, the City shall have the right , without further notice or demand , to re-enter and take possession of all the property herein leased and remove all persons therefrom without being liable for any claim for damages by reason of such cancellation and resumption possession. After notice of cancellation, City' s portion of revenue must be turned in to Park and Recreation office on a daily basis. In the event this contract is so cancelled during the three (3) year primary term thereof , the City shall guarantee the sale of , or at its option may purchase from the Professional, any usable equipment and merchandise that he might have in use in his operation under this contract (except golf equipment) which he shows being fully paid for at the cost price of same, less depreciation, computed on the straight line method. Useful life of equipment shall be as determined by the City and is conclusive upon said Professional. 15 . The Professional shall hold the City of Wichita Falls harmless from any damages for injury to persons or property damage caused by or arising out of the Professional' s operation of the golf course and club- house. Professional further agrees to provide City with a Certificate of Insurance attesting to the ownership of a general liability insurance policy, with City named as an additional insured , protecting Professional and City from legal liability claims which might arise out of Professional ' s 4- r operation of these facilities , to include bodily injury liability insur- ance in the amount of not less than one-hundred-thousand ( $100, 000 . 00) dollars per person, three-hundred-thousand ( $300 , 000 . 00) dollars per occurrence , and property damage liability insurance in the amount of not less than fifty-thousand ($50, 000 . 00) dollars per occurrence. Such certificate of insurance shall provide for fifteen (15) days notice to the City Manager prior to cancellation. Fire and theft coverage for property belonging to Professional shall be the sole responsibility of Professional. 16. Professional shall make available for the confidential inspection by City Manager or his representative, a copy of his Internal Revenue Service Income Tax Return which covers the operation of Weeks Park Golf Course and clubhouse within ten (10) days of annual filing date. 17 . Professional must receive approval from Park and Recreation Director at least one week prior to playing in any out of town tournament . 18. It is understood and agreed that this contract is a personal contract , and that the same shall terminate upon the death of the Profes- sional , or his inability to perform the duties required hereunder . In the event this occurs during the three (3) year primary term hereof , the City shall purchase or guarantee the sale of any usable equipment or merchandise as set out in Paragraph 14 above. In the event that either party desires to terminate this contract for any other reasons before the end of the three (3) year primary term, written notice to the other party must be given at least thirty (30) days prior to termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first written above. ATTEST : THE CITY OF WICHITA FALLS Zmwl CITY CLERK CITY MANAGER APPROVED AS TO FORM: I/CITY AT PR F SSIONAL 5- EXHIBIT A I . The Weeks Park Golf Course and those appurtenances thereon. Weeks Park Golf Course is approximately a 210-acre course located on Weeks Park bounded on the east by Lake Park Drive and Sheridan Road , on the south by Memorial Drive , and on the west by Weeks Park Lane. II . Weeks Park Golf Course Clubhouse - 4 , 659 sq . ft . A. Golf Pro Shop 1. Victor Cash Register 2. Assorted clothing racks B. Office C. Club Repair and Storage Work bench. D. Restrooms Assorted chairs- E. Snack Bar 1. Sixteen restaurant tables 2. Sixty-four s-tack chairs 3. Food service line with attachments 4. Hobart three-door refrigerator 5. Sunbeam Ice-O-Matic ice machine 6. Superior refrigerated reach-in box 7 . Beverage-Air draft beer dispenser 8. Leitner Grill and Toastmaster deep fryer 9 . Utility table III . Cart Storage Building - 1 , 584 sq . ft . pre-fabricated steel IV. Maintenance Shop Building - 4 , 560 sq. ft . pre-fabricated steel V. Restroom Facility 240 sq: ft. concrete block NOTE: City shall be responsible for cost of repairs and replacement of all City-owned equipment and facilities listed above unless other- wise stated in this contract . City may delete any of the above listed equipment during the term of this contract without replace- ment , if equipment is no longer deemed necessary to the operation of the course . In addition, the equipment inventory may be increased if deemed necessary by City and Professional . r GOLF POLICIES August 26 , 1981 1. The Golf Professional is responsible for rule interpretation and enforcement , and the operation and maintenance of the entire Weeks Park Golf Course. 2. Each player must register in the pro shop before play begins . 3. Each player must have a bag of clubs and possess a dated green fee receipt or an annual permit while playing. 4. Only golf shoes and smooth-soled shoes will be allowed on golf course and putting greens. 5. Players must wear a shirt at all times . 6. Golf Pro is responsible for orderly flow of play. 7. Practice, is prohibited from tees, fairways , and traps on regular greens . 8. Damage to greens or golf course, intentionally or in a fit of anger, is punishable by fine. (Destruction of Public Property) 9. Do not throw bottles , cans , or trash on golf course - please use receptacles. 10. The first round of play will not begin on No. 10 tee without permission from Starter or Pro. 11. Golf Pro will control play at all times, including number of players per group. 12. Snack bar will close when pro shop is closed each day. 13. All green fees will be set by the Wichita Falls City Council. 14. Tee reservations may be made no more than one week prior to play. Reservation fee will be paid when time is reserved - no phone calls accepted. 15. During inclement weather, Golf Pro will determine if course is playable. 16. All tournaments must be approved annually and formally requested at least thirty days prior to tournament by letter to the Director of Park and Recreation. Request must include number of players and tee times. A rental contract will be signed in the Park and Recreation Office prior to the tournament . 17. The following tournaments shall pay one-half the green fee that is charged for that day : Men' s Texas-Oklahoma,. Men' s Partnership , Ladies Club Championship, and Ladies Invitational. (The only exception to the tournament fee shall be the T. O. Junior Tournament, which is exempted from charge. ) Any other tournaments will pay the regular green fee and will be scheduled by the Golf Pro . Alternate tee times will be available to the public during these other tournaments. 18. All food and drink must be sold by the Pro during a tournament. No .food or drink shall be served free of charge to players , except to the entrants of the T. O. Junior Tournament. 19 . Any person violating a rule of the course may be subject to removal from the premises .