Res 2030 11/1/1977RESOLUTION NO. (:)M, '
A RESOLUTION APPROVING CONTRACTS WITH JOHNNY
SIMMONS AND JON BROTHERTON AS TENNIS PROFESSIONALS
FOR THE CITY OF WICHITA FALLS AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SAME FOR THE CITY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The contracts with Johnny Simmons and Jon Brotherton
for employment as tennis professionals and for leases of the
tennis pro shops at Hamilton Park Tennis Center and Weeks
Park Tennis Center respectively, a copy of which contract
is attached hereto, are hereby expressly approved and the
City Manager is hereby authorized to execute the same for
the City of Wichita Falls.
PASSED AND APPROVED this the 1st day of November, 1977.
0;: '
M A Y O
ATTEST:
14Th. -2 ze. '
City Clerk
64 . 20 3D
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
This agreement made and entered into this the day of
1977, by and between the City of Wichita Falls , Texas , a municipal corporation,
hereinafter called "City" , acting herein by and through its City Manager,
and hereinafter called "Tennis Pro" ,
WITNESSETH:
For and in consideration of the mutual covenants hereinafter contained,
the parties hereto do hereby agree as follows:
I .
City does hereby employ as a tennis professional
at the Tennis Center. City does hereby lease to
Tennis Pro the tennis pro shop located at the Tennis
Center, for a period of one year, commencing 1977,
and thereafter on a month to month basis.
II.
Tennis Pro shall be considered a contract employee of City and his salary
shall be $600.00 per month. It is expressly agreed and understood by Tennis
Pro and City that Tennis Pro is an independent contractor and shall not be eli-
gible for any fringe benefits to which regular City employees are entitled.
III .
Tennis Pro shall be in charge of and responsible for the operation of
Tennis Center. He shall perform all duties
and responsibilities as are required of him by the laws of the State of Texas,
the ordinances of City, the current Tennis Policies of the Parks and Recreation
Department of City, and the directions of the Recreation Superintendent of
the Parks and Recreation Department of City. A copy of the current Tennis
Policies of the Parks and Recreation Department is attached hereto and made a
part hereof as if copied in full herein.
IV.
Tennis Pro shall collect for City all daily court fees, annual permit
fees, and tournament fees for play at the Tennis
Center. All daily court fees, annual permit fees, and tournament fees shall
be kept in a cash register provided therefor. Tennis Pro shall keep an accurate
account of all daily court fees, annual permit fees, and tournament fees
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 tennis lessons at
Tennis Center and City shall receive 5% of the lesson fee plus a
court fee from the person taking the lesson.
VI .
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 Tennis Center. City shall
receive 5% of the revenues from the sale of merchandise, racquet stringing and
concessions sold by Tennis Pro through the pro shop at
Tennis Center.
VII .
Tennis Pro shall keep accurate and correct books on the operation of his
business and such books shall be open for inspection by City or any person
designated by it.
VIII .
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 ex-
piration or the termination of this lease in the same condition as same was
received, natural wear and tear excepted.
IX.
Tennis Pro. shall make no alterations in the building hereby leased with-
out the written consent of the Director of Parks and Recreation of City.
X.
It is understood and agreed that the City Manager of City may at any time
cancel this contract after giving 30 days notice in writing of cancellation
because of violations of laws, ordinances, or rules, regulations or directions
concerning the operation of the Tennis Center at
or the agreements constituting the lease of the tennis pro shop at the
Tennis Center; in the event of such cancellation, 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
2-
without being liable for any claim for damages by reason of such cancellation
and resumption of 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 him at the cost price of same, less
depreciation.
XI .
Tennis Pro shall hold City harmless from any damages or injury to persons
or property caused by or arising out of Tennis Pro's operation of the
Tennis Center. Tennis Pro further agrees to provide City with a
certificate of insurance attesting to the ownership of a general liability in-
surance 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 ($100,000.00) dollars per
person and 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. Fire and theft coverage for
property belonging to Tennis Pro shall be the sole responsibility of Tennis
Pro.
XII .
Tennis Pro shall provide adult supervision at
Tennis Center during all open hours.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed as of the day and year first written above.
CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Tennis Pro
Approved as to form:
Assistant City Attorney
r k'-0 2030
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
This agreement made and entered into this the day of
1977, by and between the City of Wichita Falls, Texas, a municipal corporation,
hereinafter called "City" , acting herein by and through its City Manager,
and hereinafter called "Tennis Pro" ,
WITNESSETH:
For and in consideration of the mutual covenants hereinafter contained,
the parties hereto do hereby agree as follows :
I .
City does hereby employ as a tennis professional
at the Tennis Center. City does hereby lease to
Tennis Pro the tennis pro shop located at the Tennis
Center, for a period of one year, commencing 1977,
and thereafter on a month to month basis.
II .
Tennis Pro shall be considered a contract employee of City and his salary
shall be $600.00 per month. It is expressly agreed and understood by Tennis
Pro and City that Tennis Pro is an independent contractor and shall not be eli-
gible for any fringe benefits to which regular City employees are entitled.
III ,
Tennis Pro shall be in charge of and responsible for the operation of
Tennis Center. He shall perform all duties
and responsibilities as are required of him by the laws of the State of Texas,
the ordinances of City, the current Tennis Policies of the Parks and Recreation
Department of City, and the directions of the Recreation Superintendent of
the Parks and Recreation Department of City. A copy of the current Tennis
Policies of the Parks and Recreation Department is attached hereto and made a
part hereof as if copied in full herein.
IV.
Tennis Pro shall collect for City all daily court fees , annual permit
fees, and tournament fees for play at the Tennis
Center. All daily court fees, annual permit fees, and tournament fees shall
be kept in a cash register provided therefor. Tennis Pro shall keep an accurate
account of all daily court fees, annual permit fees, and tournament fees
r
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 tennis lessons at
Tennis Center and City shall receive 5% of the lesson fee plus a
court fee from the person taking the lesson.
VI .
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 Tennis Center. City shall
receive 5% of the revenues from the sale of merchandise, racquet stringing and
concessions sold by Tennis Pro through the pro shop at
Tennis Center.
VII .
Tennis Pro shall keep accurate and correct books on the operation of his
business and such books shall be open for inspection by City or any person
designated by it.
VIII.
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 ex-
piration or the termination of this lease in the same condition as same was
received, natural wear and tear excepted.
IX.
Tennis Pro shall make no alterations in the building hereby leased with-
out the written consent of the Director of Parks and Recreation of City.
X.
It is understood and agreed that the City Manager of City may at any time
cancel this contract after giving 30 days notice in writing of cancellation
because of violations of laws , ordinances, or rules, regulations or directions
concerning the operation of the Tennis Center at
or the agreements constituting the lease of the tennis pro shop at the
Tennis Center; in the event of such cancellation, 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
2-
r
without being liable for any claim for damages by reason of such cancellation
and resumption of 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 him at the cost price of same, less
depreciation.
XI .
Tennis Pro shall hold City harmless from any damages or injury to persons
or property caused by or arising out of Tennis Pro's operation of the
Tennis Center. Tennis Pro further agrees to provide City with a
certificate of insurance attesting to the ownership of a general liability in-
surance 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 ($100,000.00) dollars per
person and 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. Fire and theft coverage for
property belonging to Tennis Pro shall be the sole responsibility of Tennis
Pro.
XII.
Tennis Pro shall provide adult supervision at
Tennis Center during all open hours.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed as of the day and year first written above.
CITY OF WICHITA FALLS, TEXAS
BY:
Gerald G. Fox, City Manager
ATTEST:
City Clerk
Tennis Pro
Approved as to form:
Assistant City Attorney