Res 2652 10/21/1980RESOLUTION NO.
RESOLUTION APPROVING CONTRACT WITH JOHNNY SIMMONS
AS TENNIS PROFESSIONAL AND FOR LEASE OF HAMILTON
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 Johnny Simmons,
whereby City employs Johnny Simmons as tennis professional
and leases to him the Hamilton 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.
C-L /;),
MAYOR Pro tc.,
v'
ATTEST:
City Clerk
l
LfltrtJ ALL Pil•IJ BY flit;S l'. I'l< I:S1':N fSCOUN'TY' 0l WICHITA
This agreement made and entered into this the 1st— — clay of
November 1980 , by and between the City of Wichita falls ,
Texas , a municipai corporation , hereinafter called "City" , acting
herein by and through i t s City Manager , and Johnny Simmons
hereinafter called "Tennis Pro" ,
W i'1'N L55 E•I•II :
For and in consideration of the mutual covenants hereinalto
contained , the parties hereto do hereby agree as follows :
City does hereby employ Johnny Simmons as a tennis
professional at the Hamilton Tennis Center . City does
hereby lease to 'tennis Pro the tennis pro shop located at Lbc•
Hamilton Tennis Center , tor a period of one year ,
commencing November 1__— _1980 , and thereafter on a month
to month basis .
11 .
Tennis Pro slral. l be considered a contract employee of City and
his salary shall be $685 . 00 per month . IL 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 .
ill .
Tennis Pro shall. be in charge of and responsible for the operation
of Hamilton Tennis Center . He shall perform all duties
and responsibilities; as are required of Trim by the laws of the State
of Texas , the ordinances of City , the current Tennis I'olic; ier; el the
Parks and Recreation Department of City , and the directions of the
Recreation Superintendent of Lice Parks and Recreation Department
of City . A copy of the ccurrent. Tennis Policies ul the I'ark;; and
Recreation Deliarlmc•rrI is al l .rrhed heiele and made' ,c Hirt icy rc, l as
is copied in Iu.II het ell' .
f; IV .
Tennis. Pro shall rellc'cI fc, r City All drily court feat: , ;rrrnual
permit fee:, , and tournament I cc:; for play it the Hamilton
r..
Tennis Center . All daily court lees , annual permit_ ices , and Lourna-
went fees ,halt be kept in a cash register provided therefor . Tennis
Pro shall keep an accurate account of all daily court tees , annual
fees ,trmipe1 and Lournaincia lees collected , and shall deposit_ the
same with the Parks and Recreation Department at its office in the
Memorial Auditorium Building on Mondays and Fridays of each week
without exception .
V .
Tennis Pro shall have the right to give Lennis lessons at
Hamilton l'ennis Center and City shall receive 5% of the
lesson fee plus a court fee from the person taking the lesson .
V.l .
r
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 this pro shop located at Hamilton
Tennis Center . City shall receive 5Z of the revenues from the
sale of merchandise , racquet stringing and concessions sold by
Tennis Pro through the pro she at Hamilton61 Tennis
Center .
V1. 1 .
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 .
V [ Il .
Tennis Pro shall take 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 termination of this lease
in the same condition as same was received , natural wear and Lear
excepted .
IX.
Tennis Pro shall make no a l IeraI ions in the building hereby
leased wIthonL the wrILLen consent of life Director of Parks •,nd
Becrunticcn of Ci t v .
X .
IL is understood and agreed that the City Manager oI City may
at any time cancel t lti s contractract al ter L i v i ng all days notice in
writing of cancel lat ion because of violations el laws , ordinances ,
or rules , regulations or d i rer. t i ous c oncei n i ng the operation of the
Tennis Center at Hamilton Park of the :tt:reemenLs constituting
the lease of the tennis pro shop at the Hamilton Tennis
Center ; Ln the event o f such c.tncc l l a L un , City shall have the
right , without further notice or demand , to re-enter and Lake
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 of possession . In the event
said contract is so cancel l ed during I he term hereof , City shall
guarantee Lite 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 him al the cost price of same ,
less depreciation .
X L .
Tennis Pro 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 _ Hamilton__`- 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
the amount of not less than one hundred thousand ($1.00 , 000 . U0) dollars
per person and three hundred thousand ( $ 3U0 , 000 . U0) dollars per
occurrence and property damage liability insurance in the amount of
not less than fifty Lltou:sand ( $ 50 , 0U11 . 01)) dollars per occurrence .
Fire and theft coverage for property belonging to Tennis Pro shall
be the sole respons i b i l i t y of Tennis Fro .
XII .
Tennis Pro sha l I provide ado I t supervision at Hamilton
Tennis Center during all open hours .
i' IN WITNESS 1111Li.1.01' , ( he parties hereto h,iv,: cnoa,:d tlii . ,tj; ree,.tent
Lo be signed as ul t Ile day ;ttoh year I i t a: t w r i LI c u above .
ATTEST : C I l'-Y OF WICHITA 1V ALES , TEXAS
BY :
City Clerk Stuart A. Bach , City Manager
Approved a:; 1. o I ut tt :
City Attorney