HomeMy WebLinkAboutReso 1966-4210' - -
~' o ~'zr~ N o~ ? 4 2
RESOLUTION NC!< 4210
RESOL[JT:iON OL TFiE C~`Py C'.:~UNC1L i}E`" '~lE ~1'i„~' O,:` ~'kIU~A vlSi"~
APPRO`~'_LNG A~;REI;MENT BETWEEN `1 I-IF t:.:;T'~: O:~ LHJL,A ~s ~ ` TA .A.N~
JOSEPH S. WARBURTON FOR THE MANAGEtiiENT, SUPERVISION AND
OPERATION OF THE CHULA VISTA MUNICIPAL GOLF COURSE
AN17 AUTHOkIZ:LNG THE I~LAYOR TC' EXL'C:~7TE .~,AiAE
The City Counc:i7_ of the C.~_ty o-r Cr~.u~~. :N ~_vta d.~~es hers~by
resolve as follows:
That that c~.rtain agreement between the City o~ Chulla ~~1_ista,
a municipal corporation, and Joseph S. Warburton for the management
supervision and operation of the Chula Vista Municipal Golf Course,
dated the da~~ of~ ~. ~_ _..~-----.____., la'T`~--` a :zop~ of whi c1,.
is attached h.ezeto and ~ncorpora+~ed hc:re_n;. r~~e same as thougr. f,a~~.1_
set forth here:i.n be, and the sarr~e ~s he:e•c~b1~ ap~,r,ved•.
BE IT FURTHER =EtESOL°~JEi} that the _:~~~ ~ or ~°t_ *-he C:i ty o Chu1~,
Vista be, and he is nereb~; authorized ar~d c3y Y~~ct~°d to e~ec~.xte sa~cl
agreement for and on beha~_f cif said City.
F esented y
_~
(~ William G. Jasinek, Director of Parks & Recreation
~J" ~ Approved as to form by
- ~- _
George D Lindberg, City Atto y
R '~-2 I 0
ADOPTED AND APPROVED by the CITY COUNCIL of the
CITY OF CHULA VISTA, CALIFORNIA, thisllthday of October
19 66 by the following vote, to-wit:
AYES: COUNCILMEN Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES: COUNCILMEN None
ABSENT: COUNCILMEN None
Mayor of the City o Chula Vista
_, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, KENNETH P. CAMPBELL, City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above and foregoing
is a full, true and correct copy of - ,
and that the same has not been amended or repealed.
DATED:
City Clerk
CC 652
~ ~a10
CONTRACT FOR THE MANAGEMENT, SUPERVISION
AND OPERATION OF THE CHULA VISTA MUNICIPAL
GOLF COURSE
THIS AGREEMENT, made and entered into this 1 i'~ day of
~'~~~~. , 1966, by and between the CITY OF CHULA VISTA,
a municipal corporation, hereinafter referred to as "City," and
JOSEPH S. WARBURTON, an individual, hereinafter referred to as "Golf
Pro-Manager."
W I T N E S S E T H
WHEREAS, City desires to renew the existing contract for the
management, supervision and operation of the Chula Vista Municipal Golf
Course, according to the terms and conditions of that certain agreement
made and entered into on the 18th day of January, 1966 as modified and
supplemented by the terms and conditions set forth hereinafter.
NOW, THEREFORE, in consideration of the premises and for
other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto mutually agree as follows:
1. The Golf Pro-Manager of the Chula Vista Municipal Golf
Course, as a licensee-agent of the City, shall have the following duties:
a. Operation of the Pro Shop located within the Club
House premises and supervision of the locker room for
the use of golfers.
b. Provide necessary personnel at his own expense and
supervise their performance as golf starters. All
personnel employed by the Golf Pro-Manager must be
approved by the City.
c. Collection of green fees, reservation fees and other
fees as established by the City.
d. Supervise the general operation of the golf course,
subject to the direction of the Director of Parks and
Recreation.
e. Give instructions in golf or cause such instructions
to be given by qualified instructors.
f. Promote golfing activities.
g. Provide at his own expense electric golf cars for
the use of the patrons of the golf course and maintain
same in good operating condition.
2. In the performance of said duties, the following terms
and conditions are mutually agreed upon by and between the parties
hereto:
a. Business activity. The Golf Pro-Manager shall have
the exclusive right to occupy and conduct the business
on the premises designated and to conduct the operation
of the Pro Shop. He shall, at all times, keep in and
about the Pro Shop a stock of merchandise, supplies and
equipment for sale and for rent, in keeping with the
demands of customers and suitable for use upon the golf
course. No make or line of golf merchandise, supplies
or equipment shall be handled by him exclusively to the
detriment of other lines and makes. He shall be granted
the exclusive right to sell or rent such merchandise,
-1-
R~~~
supplies and equipment on said premises and all prices
charged shall be consistent with current prices in the
community and subject to the review and approval of the
City. Fees charged for the rental of such equipment,
merchandise and supplies shall be set forth in a fee
schedule set by the Golf Pro-Manager, subject to the
approval of the City.
b. The Golf Pro-Manager shall obtain at his own expense
any and all permits and licenses which may be required
by law or ordinance in the conduct of his business,
and shall pay any and all taxes, including but not
limited to sales and use tax in connection with the
operation of the Pro Shop.
c. Employees. The Golf Pro-Manager may employ assistants
and employees subject to the approval of the City at
his sole expense. None of said assistants or employees
shall be employees, agents or representatives of the
City and shall be the sole responsibility of the Golf
Pro-Manager.
d. Fees. The Golf Pro-Manager or his agent shall act
as starter and shall collect all green fees, reservation
fees, and other fees established by the City and shall
account therefor on a cash register immediately after
payment thereof. He shall allow no person to play golf
or use any of the course facilities without such person
first having paid the prescribed fees. Fees required
shall be prescribed from time to time by the City. He
shall keep an accurate record of all sources of revenue,
the number and class of players, and the amounts col-
lected for each class of player, and shall submit a
daily report together with cash register tapes and
monies received to the Finance Officer of the City of
Chula Vista.
e. Accounts. The Golf Pro-Manager shall install and
maintain a set of bookkeeping records, approved as to
form by the City, from which statements of profit and
loss and a balance sheet can be readily prepared. The
City may inspect and audit the books of account and
records of the Golf Pro-Manager at all times.
f. The Golf Pro-Manager shall be responsible for the
supervision of the general operation of the Golf Course,
including the policing of the course and the use of
reasonable measures to prevent tresspassing, to prevent
injury to the course and premises by players or others,
and to preserve proper order in and about the Pro Shop
and locker room. He shall keep the City advised on
proper maintenance of the course and shall cooperate
fully with the City's Greenskeeper-Foreman to this end.
g. Except as may be otherwise provided by the City,
the Golf Pro-Manager shall devote his entire time to
operating, supervising, promoting and conducting a
modern, up-to-date golf course. He shall conform to
and enforce all rules and regulations as set forth by
the City of Chula Vista for the use and control of said
golf course.
h. The Golf Pro-Manager shall keep the premises assigned
by this contract in a clean and sanitary condition and
free from rubbish at all times, and shall assume complete
responsibility for janitorial services for said premises.
No signs or advertising matter shall be displayed on or
outside of such premises without prior written consent of
2- Rw~ ~0
City. The Golf Pro-Manager shall not permit vendors
to display or sell goods or merchandise in or about the
premises unless permission to do so has first been
obtained from the City.
i. The Golf Pro-Manager, his agents or employees, in
sufficient number to handle course activities shall be
on duty at the golf course each and every golfing day
during the period of his contract. The Golf Pro-Manager
shall not be absent from the golf course for more than
two (2) days in any week without first having obtained
consent of the Chief Administrative Officer, except in
instances of illness or during vacation periods. He
shall be personally present at the course and on duty
during the playing of tournaments and matches. Prior
to entering competition in any tournament or match
outside of the County of San Diego, the Golf Pro-Manager
shall obtain written consent of the Chief Administrative
Officer. He will be expected to promote golfing activities
and to organize and oversee adult and junior golf organ-
izations and clubs, and conduct golf clinics.
j. The Golf Pro-Manager shall provide a sufficient number
of electric golf cars for the use of the patrons of the
golf course (approximately fifteen (15) cars). He shall
be fully responsible for the maintenance and repair of
said golf cars and shall maintain said vehicles in good
operating condition. The Golf Pro-Manager agrees that
within nine (9) months from the date of execution of this
contract, all of the electric golf cars available for use
of the patrons of the golf course shall be new models to
be purchased by the Golf Pro-Manager, provided that in
said interim period those golf cars presently available
at the golf course satisfy the conditions of this agree-
ment. The Golf Pro-Manager will secure the necessary
endorsement on his public liability insurance policy to
cover the operation of said golf cars in an amount not
less than $100,000 for injury to any one person and
$300,000 for injury to two or more persons from any one
accident or occurrence. The City agrees to provide the
necessary facilities to properly house the electric golf
cars, including the necessary electrical wiring for
charging the batteries of same. The Golf Pro-Manager
will charge a minimum sum of Six Dollars ($6.00) for
each eighteen holes, and Four Dollars ($4.00) for each
nine holes of play in which said electric golf cars are
used, which fees may be increased or decreased by mutual
agreement. The City authorizes the Golf Pro-Manager to
permit electric golf cars to be privately owned and
operated on said golf course by individual patrons at
his option.
3. It is expressly understood and agreed that the Golf Pro-
Manager shall indemnify and hold harmless the City, its officers,
employees or agents, from any claims arising from his use of the premises
or from the operation of the golf course. He shall provide a policy
of public liability and property damage insurance, approved by the City
Attorney, with limits of $100,000 for injury to any one person in any
one accident, $300,000 for injury to two or more persons from any one
accident or occurrence, and $25,000 for property damage, and shall also
carry a policy of Workmen's Compensation insurance covering any and all
of his employees. Approved copies of these policies or certificates
shall be filed with the Finance Officer of the City of Chula Vista.
-3-
i
The Golf Pro-Manager, and any of his assistants or employees who are
authorized to collect money shall provide the City with fidelity bonds
in the amount of $5,000 for each such person.
4. It is further understood and agreed that the Golf Pro-
Manager shall not make any alterations or additions to the Pro Shop or
to any equipment belonging to the City without first having the written
consent of the City to such change or alterations. Any alterations,
additions or changes requested by the Golf Pro-Manager and approved by
the City shall be made at the expense of the Golf Pro-Manager, and upon
termination of this contract, such property will become the property of
the City, provided, however, that the Golf Pro-Manager may remove any
and all equipment installed by him except that which has been affixed
to the real property. Upon expiration of the contract, the Golf Pro-
Manager shall be expected to put the premises in as good a condition
as at the beginning of said contract, ordinary wear and tear excepted.
5. It is expressly understood and agreed that the Golf Pro-
Manager may not assign or transfer any of the rights, licenses or
privileges or any part thereof of this contract without the written
consent of the City first having been obtained. The contract cannot
be assigned involuntarily or by operation or process of law, and should
the Golf Pro-Manager be adjudged bankrupt or become insolvent or make
a general assignment for the benefit of his creditors or fail to obtain
the release of any levy of attachment or execution upon his property
within ten (10) days after such levy is made, the City may consider
such to be a breach of the contract and may cancel and terminate same.
6. It is expressly understood and agreed that in the event
that default shall be made by the Golf Pro-Manager in any of the
covenents of said contract agreed to be performed by him, or if he
violates any of the ordinances of the City of Chula Vista or any of
the laws of the State of California, ur upon proof of disorderly con-
duct on the part of the Golf Pro-Manager, the City may terminate the
rights, licenses, and privileges contained in said contract. The
Golf Pro-Manager shall maintain good credit ratings throughout the
term of said contract, and failure to do so shall be cause for termin-
ation of said contract by City. The City may also terminate the
contract upon failure by the Golf Pro-Manager to keep in full force
and effect the insurance requirements set forth in Section 3.
7. This contract is not to be considered a contract of
employment, and the relationship of master and servant, employer and
employee does not exist between City and the Golf Pro-Manager or any
of his employees.
8. Consideration. As full consideration for the services
rendered by him as Golf Pro-Manager, and the services of all of his
employees, it is expressly understood and agreed by the parties hereto
that the Golf Pro-Manager shall receive the following:
a. All revenues received from the lease of golf cars.
b. All revenues from golf lessons.
c. All revenues from sales at the Pro Shop.
d. All revenues from repair of golfing equipment.
e. All revenues from the driving range.
All other monies collected at the golf course, from whatsoever source,
shall be the exclusive property of the City.
-4-
9. In the event that the Golf Pro-Manager shall faithfully
keep and perform all of the terms, conditions and agreements contained
in the contract, he shall have the right of first refusal of any
renewal of said contract. The term of this contract shall be for a
five year period, beginning October ~.;~ 1966 and expiring Octo-
ber ;_.~ 1971, provided, however, that either party thereto may
terminate said contract within thirty (6+~) days following delivery
of written notice of such termination.
THE CITY OF CHULA VISTA
-7
----~
J Mayor
e~7f S. Warburton, Golf Pro-Manager
i
Approved as to f.Qrm by
George D. indberg, City Attorn
-5-
R ~a2 is
..
~ ~~~U
~ ~ ~ ~,~r -
.n
~
l~
,, - _
,
.~..
i.ti;
;;%PC~ lir;~su~ji,
_ _ _ ,~ M1,,
_ ~ -
_ - -.._,_
.
_
~/
'
~vVr ~v~ ~
vvV Wr vim' ~'v'4w V.Ir War ~~ ~.1 WVV~ /V".. .. ,'
~
S. ~
.J.r~.-.......v..~
I lr;~lt :. ~1..~1. ~.. 1~t ~..~~u ~~~ n....~„~~. 1-H
`.:
t
r'. .._., i,'i., ~.. ~-:.,~ ~ ~_~`~~ ~ ,.;,ti: ~? `~ ?;ease direct ; i! ,epe: ,premiums, ~~
~ -
' or cor:e~;oa:. ~e to:
. ~
: _ _ _ .~ ~~
_ ~. 1~J... r TY Cu.
. ,., 4Cl'., _= ~ ~ .~
.
_ '
° .
'7 .:313-i, ~f';~7%Q °a. ~~;;
.
.
_, ., .. , ,., _
_ ..,
,
---_ .,
. _..
n -.
:. ~ .. .,.. ~ ,,.. .,- ~ - ~ 1~ ~ ___
- , .,.. „~ _ _
. U' ,. ~ oC 0 ~ , ~ 1, „ t,~~~~t G~ :'12 COf I`.3i1'ft, . LI :j -~I1St
_.__ .., - C - .
,.
--- .,
:- -.. ... ~ ~. ~.: ..... .
-
~: ~ I H .' ~ ~ti '~ i 5
'. i.
- __
:. ,~,,, U: ,.,., t~ ,...~ ~
,,., ~ .. ~.,_~...
e:~„ ~ 3
__ l
_.__ _
r _ __.._-_ ___-_-
J._..
_. , ...
_ _.__
_. _.___
..__
.. t
~ C
_ J
~. .. .. .r ., _. d ,,. `
~
.
~
- _.__
~~ .t .
.
_ .. ~.,
_
... _ __.._ ,~... .~_~ ~._.~ .,,...,., ..., .... .. ...... .M1
. .. .., v. ....~...
~ ~
~ ~UC~.
~
.__ ~
..
.
r J.
._---.-
.., ~. ~~„ ..~. ~ ~ -
-~.-,_ii~, .i~~l~~ ~~n jc
,.r.
-- - -- ,-
(
~e
_„
n u. -
_ ;tiL
~
;r~ _u ~~ .~.
.. ... ..`:.. ~.' .. ~~..:. 1:4) i.i t:7.iv :~. ~
~ ,.
c
(E cc ~9 I
I
.. ..,,
..
, .. _L.r ,
J~ ~~ ~
i
-
':~ ~ ~~~~.
~~ i
.
..
.. . .
~
a.w ..: .•:J •
I'.
•~.vt•. rl.
• n
u~ {l lii~
Jt:4. .....
. .,.
~ l •
J
V
.
.
..
_. ,. .. ~
. v • ... •..~i .J w . ... ..... ..... uL~:i •...•J • tv. lv v.. •~v
s. ~. v...
.,_:,.. ..~;t ~, c~c~ober, i~5u
7
~~v /~
-~._=
~ Ala ~ ~
. .,i, .r.. ...~~ :.. ,.. _.._. .f W ... .. . .
(r. ~; ~.... LSi ) .~... ~,., ~.. ,, c CuG~ya ~,i
,. p., ~j .
.t: .. ~ ... .., .. .. .. _. ... _ ,.
.. .. ,..
..~ L„ ... , _ .. _ _.
_ r _ _.
~.. ~.~ .....,..c ..,... ,. .. .~...
. „ .._, u~ ..~~.
,~ ,.~._ ~.. ..~ ,,..,., ~-~~.;C
.., . ... ~. .,...._. ..,... .;U .,.~~..., .,., ..._., , ... _ ~,
._ ., .,_. .. ,.:, n,. , . ~ .,,
... _
y/,
.UJ~ u w u..., ~fl)~ ~ ,,G udCOf11CS SJO~dC; ;0 8. / vv; . „~
,.~.~ i;,. , CC;~, ..G
~. .. ..,. .,. _.,, ~,~ ~ _.. r c'.:. .,.. ";~ J' .Ili ~ u~
~~ ~ .~ `ili„~- ,-
,. .,~,. ..~~i; .:d v
..~, .~ ,~ .,, ~ ~~~~. ,. _.. .. ~ i ~~~. ~~ ~ i ,. ~J .~ v
.._~ . ... .... .... .... .. ....~~. . ,,... ., .~ '~ .~. ,~o , ..u _.~..
- ._ ._ ~ - ~ ,.,.,., ,,,.~ uaS ..~ ..u iC..., ~.~, ....,.
~.. _ _ . ~~,,% a iD`, ,.. ,.~, ~ i .,..
. ~,.. .. .. G; ,,..
,.. . ~ _~ ,_.. 1. .. ~~~., ... .. ,., ] ., ~. ~ ~ ~~,..
-- ,
,.. _., iG a u~~., ,,~ ~ .. ..., .1 ~1, ..,,.,. w u. ~~~ ~,
i e Card „~
w.... v. v; 1,.~ ,~,., .~,.....
,. .~ ~ ,,.,.~ ., Gi .~. .., ..., ,..- ..,. la ,,. ,._. ~ . ",
. IG, ~.. .... ...., iJ.
V i....~ ~~ ~.. ~1, ~.1'~~ Ali ~J. .~ f .I ..1~
+, ~1~ ~ .5 IO~Nu mJ~., v'~~ i~ o „ ~~SJw1S L .. , ~„ ;r;Y,til dllu COu~„( Jii G ,;G ua.i~.
~ yai~
1
;,.~,, c:,,,. _~,,.~~:r~.
~,. .. ~; :V ~ . .'~'~ ., i~ ~... ., ~ 3 ~,~ ~ ,..~~:_. ,.,. 5;:,; :0, ;:S
~f~.'~....~ ., ~ . .. ~ ~... -. -, „ .. ,. ~ ~ . ~ ,., ~~ ~ ~ ~ ...,. ..~ .,~~
IT ~. ~ .ivi ~ hJ~ ~ v i .. _ ~ .~~I _.~~ ~.VU .ll. J~ ~ J G~ • L ~. ~..1.~ wf V~'i~ ~~oL 1~, C ~. ~i ~ ui, ~. I~l:.'
~~ ~ ~ ~ y
JeC'c±dry
i ~+~+ • 1
?;esice~t
~, ya~a
,..: v .,. -., .. ,
i.i~:,~N:,,,c V..,..,,~.,
~~~',~;:~:_~ ~ J
.,
., _ _ ... __ _ ~ v
t . 1 nu ..~... - - -_ ....,...._... ..~,
.. i v. ~ ~-
t .. ~.
v ..__~ -
I ~® 0781
! _._
c~:"~'~ ~ ;~-~~~ ;`' Joy 1~arburton~ PG.A and C;nula Viota Municipal Golf Course
~~ Boni.ta Road, Chula ~ieta~ Californ~ ~.
... _. _ w~ ~ ~. r ,,.,, .. ,. ~ ~ ;n ..~ c~,~,, ~, .. ~, ~~:~ ,,oJc~~. ;ne un~crs, ... _~mpz ~ w;.. , .,, ~y ~ ~y ro wnor.-, ~~, cer, ~.,,.
,.. ~.,.,U~.. ", _~..~, c~^,~-~ ~, ~,.~ - _.ion.
~ _ --
..~
~~ ~ lp/~+/~ ;~ ... _ ~ -~ TV~O WORE TE'~, Inc. B~r~rt id t, ~eo~y-Treas.
. _ , l.~,a..l~