Res 2651 10/21/1980RESOLUTION NO. j6.5-
1/
RESOLUTION APPROVING CONTRACT WITH JON BROTHERTON
AS TENNIS PROFESSIONAL AND FOR LEASE OF WEEKS
TENNIS CENTER PRO SHOP.
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 Jon Brotherton,
whereby City employs Jon Brotherton as tennis professional
and leases to him the Weeks Tennis Center pro shop, is
hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 21st day of October, 1980.
C14 / L l/L- U--r.
M A Y O R Pro tern
Imo:
ATTEST:
City Clerk
1
I.f,uF: ALL Ill N BY 'f'IIESE PRESENTS :COUNTY OF WICHITA X 1 \
This agreement made and entered into this the 1st clay of
November 1980 by and between the City of Wichita Fails ,
Texas , a municipal corporation , Hereinafter called "City" , acting
herein by and through its City Manager , and Jon Brotherton
hereinafter called "Tennis Pro" ,
W ITNESSE I'I1 :
For and in consideration of the mutual covenants hereinafter
contained , the parties hereto do hereby agree as follows :
1. .
City does hereby employ Jon Brotherton as a tennis
professional at the Weeks Tennis Center . City does
hereby lease to Tennis Pro the tennis pro shop located at Lhe
Weeks Tennis Center , for a period of one year ,
commencing November 1 1980 and thereafter on a month
to month basis .
1. 1 .
Tennis I'ro shall be considered a contract employee of City and
his salary shall be $685 . 00 per month . It is expressly agreed and
understood by Tennis Pro and City that Tennis Pro is an independent
contractor and shall not be eligible for any fringe benefits to
which regular City employees are entitled .
111 .
Tennis Pro shall be in charge of and responsible for the operation
of Weeks Tennis Center . He shall perform all duties
and responsibilities as are required of him by the laws of the State
of Texas , the ordinance; of City , the current Tennis Poi is: ies; of the
Parks and Recreation Department of City , and the directions of the
Recreation Superintendent of the I'arlcs; and Recreation Department
of City . A copy of the eirrcut 'Tennis Policies of the ('arks and
Recreation Department I attachedheel here t o and made .1 1 r ,:1, 1 as
is copied in full in rein .
IV .
Tennis Pro shall collect for City all daily court fees , annual
permit: fees , and tournament. Ice); I „ r play at the Weeks
r 8 ;
lchn is t,ente1 , A11 ,1111 . I .',,1 , i , , ;i , .1111111,11 111' 1 inIi I. VLt , a11(I to II rna"'
tnent fees shall be kept in :l c.:::11 1:k,1; is1.er provided therefor . Tennis
1 t
Pro shall keep an accurate account of all daily court fees , annual
permit Ices , and tournament fees collected , and• shall deposit the
same with the Parks and Recreation Department aL its 0Ii .ice in the
Memorial Auditorium Building on Mondays and Fridays of each week
without exception .
y.
V .a
Tennis Pro shall have the right to give tennis lessons at.
Weeks tennis Center and City shal I receive 5% of the
i4
lesson fee plus a court lee from the person taking the lesson .
V I. .
Tennis Pro shall also account to City for the revenues which
he receives from the sale of merchandise , for racquet stringing
and concessions sold through his pro shop Located at Weeks
Tennis Center . City shall receive 5 01 the revenues from the
sale of merchandise , racquet stringing and concessions sold by
Tennis Pro through the pro shop at Weeks Tennis
Center .
V11 .
Tennis Pro shall keep accurate and correct books on the opera-
tion of his business and such books shall be open for inspection
by City or any person designated by it .
VIII .
Tennis I'ro shall Lake good care of the personal property and
real property hereby leased to him and he will deliver the property
back to City at the expiration or the t erminat ion of I h i ;: lease
in the same condition as same waa received , natural wear and Lear
excepted .
IX .
Tennis l't'o x;11:.1.1 I make no a I ferat ions in the build .iiig hereby
leased w i thont the. written consent. of the I1 i rec: tor of Parks and
Recreation of City .
X .
11 is understood and agreed that Lhe City tian,11;er of City may
at any time cancel this contract r1I ter riving; 311 days notice in
Writing of c:lnceIIaUIon hit:llu ::c 01 violrlt ion:; of 1a1.:c , 0 I'd iu,in': e,; ,
4
k ,
or rules , ccgutaLiutts or d i rep l I it:; Culp pit tl i ttt, the operation of the
Tennis Center at Weeks Park _ or the .1i:4-cements constituting
the lease of the tennis pro :;hop at the Weeks Tennis
Center ; In the event of such cancellation , City ;;hail have the
right , without further notice or demand , to re-enter and take
possession of all the properly herein leased and remove all persons
therefrom w.i. thout being liable for any claim for damages by reason
of such cancellation and resumption oI possession . In the event
said contract is so cancelled during the term hereof , City shall
guarantee the sale of , or at its option may purchase from 'Tennis Pro ,
any usable equipment and merchandise that he might have and use in
his operation under this contract ( except for tennis equipment ) which
he shows has been fully paid for by hint at the cost price of same ,
less depreciation .
x1. .
Tennis Pr.o shall hold City harmless for any damages or injury
to persons or property caused by or arising out of Tennis Pro ' s
operation of the Weeks Tennis Center . Tennis Pro 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 Tennis Pro and City from
legal liability claims which might arise out of Tennis Pro ' s operation .
of this concession , to include bodily injury liability insurance in
i
the amount of not less than one hundred thousand ( $100 , 000 . 00) dollars
per person and three hundred thousand ( $ 300 , 000 . 00) dollars per
occurrence and property da;nage I iabi li Ly insurance in the amount of
not less than fifty thousand ( $ 50 , 000 . 00) dollars per occurrence .
Fire and theft: coverage for property belonging Lo Tennis Pro shall
be the sole responsibility of Tennis Pro .
X11 .
Tennis Pro shall provide adtllt supervision at Weeks
Tennis C e n t e r during a l l open hours .
IN WITNESS 1dlIEkl.l)l' , the part ie :, boleti) hay,' cawJed Iili :. a ;ruc;aent
10 be ;, igned a:; of the day and year I i t :; I w t i l Len .trove .
ATTEST : C I l Y tI t WICHITA l'/`hl.S , TEXAS
BY :
City Clerk Stuart A. Bach , City Manager
Approved ilb tt) I si lt :
1'1=
City Attnrnn,'