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HomeMy WebLinkAboutReso 1966-3956 • • Form No. 342 RESOLUTION NO. 3956 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND JOSEPH S. WARBURTON AND AUTHORIZING THE MAYOR TO EXECUTE SAME The City Council of the City of Chula Vista does hereby resolve as follows : That that certain agreement between the City of Chula Vista, a municipal corporation, and JOSEPH S. WARBURTON, Golf-Pro-Manager, for the management, supervision and operation of the Chula Vista Municipal Golf Course dated the 18th day of January , 1966 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of said City. Presented by 1 7 c Lam.G % - i" � t_--C._ti_ Fred A. Ross, Chief Administrative Officer Approved as to form by - / ,C;G c �F% k -c George D. Lindberg, C ty Attorn-y -1- { ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 1t1ay of January 19 66 , by the following vote, to-wit: AYES: COUNCILMEN Sparling, McMains, McAllister, Anderson, McCorquodale NAYES: COUNCILMEN None ABSENT: COUNCILMEN None Mayor of the City of Chula Vista ATTEST _ _ a< .`/7/ - 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CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed.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 0354 CC 652 CONTRACT FOR THE MANAGEMENT, SUPERVISION AND OPERATION OF THE CHULA VISTA MUNICIPAL GOLF COURSE THIS AGREEMENT, made and entered into this 18th day of January 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 contract for the management, supervision and operation of the Chula Vista Municipal Golf Course, and has heretofore invited applications from interested persons in the Southern California area, and WHEREAS, after a review of the applications submitted, a selection of said Golf Pro-Manager has been made. 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. 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 -1- merchandise, supplies and equipment on said premises, with the exception of golf carts, 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 rental of such equip- ment, merchandise and supplies, with the exception of golf carts, 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 employee 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 collected 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 regulatings as set forth by the City of Chula Vista for the use and control of said golf course. -2- 5' "f 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 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 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. 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 -3- ' 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,or 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 by the City pursuant to the existing contract from the lease of golf carts. 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. 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 period of one year, beginning January 26, 1966 and expiring January 25, 1967, provided, however, that either party thereto may terminate said contract within thirty (30) days following delivery of written notice of such termination. THE CITY OF CHULA VISTA Eleanor Anderson, Mayor Auprov d as to �rm- by , (e„/, „4..„ George Lindberg, JGSEPE S. WARBURTON, Golf Pro-Manager City Attorney -4- t,