HomeMy WebLinkAboutReso 1988-13859 RESOLUTION NO. 13859
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND FRANK CHABOUDY FOR TENNIS SERVICES AND PERMIT
TO USE CHULA VISTA TENNIS CENTER
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and FRANK CHABOUDY
for tennis services and permit to use Chula Vista Tennis Center
dated the 22nd day of November , 1988, 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 the City of Chula
Vista.
Presented by Approved as to form by
Parks and Recreation ~
0374a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
Q .A VISTA, CALIFORNIA, this 22nd day of November
19 88 , by the following vote, to-wit:
AYES: Councilmembers Malcolm, Moore, McCandliss, Nader, Cox
NAYES: Counci 1 members Non e
ABSTAIN: Counci linetubers None
ABSENT: Counci lmembers None
~a Vista
AT T E S T~
S1 2 OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION N0. 13859
,and that the same has not been amended or repealed
DATED
City Clerk
CC-660
AGREEMENT FOR TENNIS SERVICES AND PERMIT
FOR USE OF THE CHULA VISTA TENNIS CENTER
THIS AGREEMENT, made and entered tnto tn the Ctty of Chul8 ytsta,
california, this }5th day of November, ]988 by and between the CITY OF CHULA
VISTA, a muntc![l~] carporation, heretnafter referred to as "CITY", and FRANK
CHABOUDY, Tennis Professfonal, heretnafter referred to as "PROFESSIONAL";
WITNESSETH.'_
t~}tEREAS, 'the City, tn the operation and conduct of a tennts complex
in said Cit~,, requires the servtces of a tennls professlena1 management, and
FRANK CHABOUllY, is a tennis professional capable and able to render the
services required by the City
Nm.~, THEREFORE, in consideration of the premises and upon the terms
and conditions contained herein, the Ctty and the Professional agree as
fol 1 ows: ."
1. The te~rn of the 8greemen~ sh~11 be for ~o ~esrs beginning, on
December 1, lg88, ~nd ending 8~ m~d~gh~ o~ NovembeP 30~ lggO, ~nless sooner
~em~n~ed ~s here~n~f~e~ provided.
2. The Profess~on~l ~fil, on the effective ds~e of th~s 8greemen~
en~eP upon ~he performance of the duties ~s ~en~s profess~on~l ~n ~he C~ of
Chul~ V~s~ ~nd ~n p~r~Jcul~r:
(8) The Profession81 sh~11 ~ h~s discretion keep end m~Jn~sJn for'
s~le supplies 8rid equJp~n~ ~n keeping ~J~h the demand of the
complex ~nd Sh811 keep ~hese ~ems ~ prices reco~ended by the
m~nuf~c~urers of ss~d merch~ndhe. The Profess~onB1 sh~11 operate
~11 concessions 8s 8n ~ndependen~ con~rsc~or. He sh~11 purchsse
p~y for ~11 m~e~J~ls ~nd ~rch8nd~se used or sold, ~n the operB~on
of s~d concess~on~ ~ h~S nsmee 8~d ~t h~ o~ responsibility, 8~d
receive 8nd re~n ~11 ~ncome derived fr~n the operB~o~ ~s his
~nd for sole use 8nd benefit.
(b) The ProfessJo~81 shell keep Bdeq~e books 8~d records, m~ke ~11
~sx re~urns 8nd psy ~11 ~xes required ~n co~nec~on therewith ~n h~s
own n~me. Such books ~nd records sh~11 be the proper~ of ~he
Professional bu~ shall be open to the ~nspect~on of the Cl~ by and
through tts City NanageP oP other duly authorized agent at reasonable
t~mes during bus~ness hours. The Professional shall be required
maintain a method of accounting of al1 the receipts and dhbuPsements
recetved or made by said Professional from the operation of sa(d
CORCeSSJOR,
The bookkeeping records installed and maintained by the
Professional shall be approved as to fom by the C$~ and sh~11
permit the preparatJon of statements of profit and 1os$ and balance
shee~. The ProfessJonal shall submit to the CI~. on a quaPterl~
bas~s, a financial statement ~ndJcat~ng .a11 profits, losses,'and
-~. ~,.
balances of the operation of said Tennis Center. The City ma
inspect and audit books and accounts and records of t e Professtona~
h
at all times. The City may inspect and audit the books and accounts
and records of the Professional at all times. The Professional shall
provide necessary materials and personnel at his own expense to
adequately cover the operation of the City owned Tennis Pro-Shop and
four (4) tennis courts during the operating hours hereafter referred
to. The Professional shall maintain and replace all tennis nets.
The Professional shall print and distribute parking permits for
City-owned tennis facilities. The Professional shall collect all
revenues from City-owned light meters. The Professional shall employ
any and all assistants that may be necessary to carry out the terms
and provisions of this agreement and shall pay their salaries and
such other and further sums as may be required of them for tax and
other purposes. If these assistants collect or handle any money due
the City of Chula Vista, they shall be approved asprovided heroin by
the City before being employed by the Professional. If, for any
reason, any of said assistants shall display flagrant misconduct,
he/she shall be dismissed at the request of the City Manager,
(c) It is agreed that in addition to his other duties hereunder, the
Professional shall cause instruction to be given in the game of
tennis. Tennis instruction shall be given only to bona" fide
instructees, with individual lessons confined to one court at a time,
(exception - see Premises), Adult group lessons may be conducted
provided prior written approval is obtained from the City both as to
the hours during which group lessons may be conducted and the
location of courts which shall use only one court if five (5) or less
persons undertake group lessons and two (2) courts if six (6) or more
persons undertake instruction. Fees for such instruction shall be in
keeping with accepted custom and practices in the tennis profession.
The Professional shall utilize four (4) tennis courts Monday through
Friday between the hours of 4.'00 p.m. and 6:30 p.m. and Saturday
between the hours of ll.'O0 a.m. and l:O0 p.m. for Department-
sponsored youth tennis classes. Chula Vista residents shall receive
priority over non-residents in this Youi. h Tennis Program.' Classes
will be completely self-sustaining. All proceeds will go to the
Tennis Professional. The Tennis Professional will also coordinate
area-wide open tennis tournaments annually, one of which shall be for
Chula Vista residents only.
(d) Except as may be otherwise provided by the City, the
Professional or a similarly qualified assistant shall be present at
the tennis complex during all hours in which the complex is open to
operate, supervise, promote and manage the functions authorized by
this agreement. The Professional shall coordinate, promote and
schedule such tennis events sponsored by, by way of illustration but
not limitation, the City of Chula Vista, convention type
organizations, and such other recognized organizations as may from
time to time request scheduling of tennis events. Under the
direction of the City, the Professional shall advertise and promote .
the tennis complex and shall be responsible for such promotional
functions. The Director of Parks and Recreation or his/her designee
shall approve all promotional material prior to distribution. . ....
,,~.~ f~
(e} The premtses to be uttllzed tnclude the Tennts ProfesstonalShop~
with lounge, restroom and one court for professional Instruction
which will be asstgned by the Ctty. Zn addition, wtth the exception
of the youth tennts classes, Professional may be permltted the use:of
a second court specified by the Cfty tn accordance with the following
conditions:
A second teachtng court may be used wtth prtor wrttten approval
from the Director of Parks and Recreation. Ttmes and day must
be included ~n any such request.
Zf the Professfonal: ts ustng a second court at times and days
not approved, the following condltfon for usage must be adhered
to:
1. No player may be asked to reltnquhh hts court tn order to
provide additional ~Usage for the Professional to make up
cancelled lessons.
2. Professional must rel~nqulsh the addttlonal court to
watttn9 players after completion of the lesson tn progress or
after thirty (30) minutes.
!f) The Professional shall keep the Pro Shop premises asstgned by
thts agreement tn a clean and santtary condition and free from
rubbish at all ttmes and shall assume complete responsibility for
Jan~torlal services for said premises. Zn addition, the Professional
shall be requtred to clean the four (4} CIty-owned tennts courts
daily before 9:00 a.m., cleantn9 to Including pfcktng up of rubbtsh
on courts, emptytng trash container, sweeptng off excessive dtrt from
courts; washing of said courts must be on a regular weekly schedule
prtor to 8:00 a.m. No stgns or advertising matter shall be displayed
outside such premlses wtthout prtor consent of the Ctty. The
Professional shall be requtred to provtde all maintenance, repatr and
service requtred on all equipment used tn the Pro Shop. Zn the event
City owned equipment t5 used, th6 City shall have the rtght to
prescribe in detat1 the tYpe and frequency of maintenance and repatr
to be performed by the Professional. Because of the Ctty's tnterest
tn preserving tts equipment and providing clean and santtary
conditions tn the event the Professional fatls to perform the work
prescribed pursuant to the above on Ctty or Professional owned
equipment, the Ctty Nanager or D1rector of Parks and Recreation shall
have the right, after ten (10) days notice to correct the deficiency,
to cause the prescribed work to be performed tn an efficient manner
and to charge the Professional for the cost thereof. Cost shall be
equal to the sum of the cost of the dtrect labor and materials
necessary to perform the work tn an efficient manner plus overhead
co<t. No equipment provtded by the CttY shall be removed or replaced
by the Professional wtthout prtor written consent of the CitY Nanager
and tf consent ts secured, such removal and/or replacement shall be
f
to the sole cost and expense o the Professional. The CIty shall
have the rtght to enter upon safd premtses at any and all reasonable
ttmes durtng the term of the permit for the purpose of Inspection and
observation of the Professtonal's operations.
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It is further agreed that the inspections may be made by City
employees, or may be made by independent contractors engaged by the
City. The City shall have the right to inspect for the purposes set
forth below, however, the enumerations below shall not be construed
to limit the City's right of inspection for any purpose incidental to
the right of the City Manager:
1. To determine if the terms and conditions of this permit are
being complied with.
2. To observe transactions between the Professional and
patrons in order to evaluate the quality and quantities of'food
or drinks or other items sold or dispensed, the courtesy
extended to and method of dealing with the public, the
performance and caliber of the Professional's employees, and the
methods of recording receipts. It is understood that the
information gathered on these inspections will be used to
evaluate the Professional to provide a basis for any action by
the City Manager or Director of Parks and Recreat,on or City for
the removal or denial or renewal of this permit.
(g) The Professional shall pay all charges for gas, electrical
utilities, telephone service, and court washing expense necessary to
carry on the operations of the tennis complex unless otherwise
specified in the permit.
{h) The Professional, his agents or employees in sufficient number
to handle tennis complex activities, shall be on duty daily at the
tennis complex, Monday through Saturday, weather permitting, fm'om
9:00 a.m. to 5:00 p.m., excluding Sunday and holidays. Provisions
shall be made to provide a method in receiving telephone calls while
on the court giving lessons. The Pro Shop may be kept open
additional hours at the discretion of the Tennis Professional to meet
the needs of the public. The Professional shall not be absent from
the tennis complex for an excessive period in any week unless he is
representing the City of Chula Vista by performing in a tennis
tournament. Such attendance must have the consent of the Director of
Parks and Recreation, except in instances of illness or during
vacation periods.
(i) The Professional shall indemnify and hold harmless the City, its
officers, employees, or agents from any claims arising from the use
of the premises or from the operation of the Tennis Professional
Shop. The Professional shall provide a policy of general liability
and property damage insurance approved by the City Attorney with
limits of $300,000 for injury to any one person and any one accident,
$500,000 to two or more persons from any one accident or occurrence,
and $50,000 for property damage or $500,000 combined single limit and
shall also carry a policy for Worker's Compensation...',.Znsurance
covering any and all employees. Certificates evidencing cOVerage and
a policy endorsement for the general liability policy whtch.~ames.the
i
City of Chula Vista as additional nsured shall be filed'with the
City Clerk, 276 Fourth Avenue, Chula Vista, CA.
°4-
(J) It is further understood and agreed that the Professional shall
not make any alterations or additions to the Pro Shoo or to any
equipment belonging tO the City without first having the consent of
tile City to such change or alterations. Upon the expiration of the~.'
agreement, the Professional shall be expected to put the premises'in
as good a condition as at the beginning of said contract, ordinary
wear and tear excepted. The Professional shall furnish and install _
at his own expense in the, Tennis Pro Shop building, all necessary
furniture, furnishings and equipment required in order to render
sufficient and adequate service,-,as*.determined by 'the City.~
Professional further agrees that:kll furniture, furnishings and
equipment will be maintained and kept tntect.by repatr. o~ replacement
as rec~lred at Professtonal!s expense. City agrees to maintain and
repair the exterior and. related portions of the Pro Shop' building;*
excluding repairs of maJ6r proportion.which are subject to coverage
by Professional's insurance. .,
During the last:thlrty" '(~O').d~yS '~f:'~e"!~e~m of tht)':'~act'l'tty
d f cancellation" or:
use agreement, or within thirty (30)~' ays o any
other expiration, Professional shall remove at his own, expense his
own furniture, .-furnishings," equipment and fixtures. Should
Professional fail to remove said items within said thirty (30)'day
period, he shall lose all rights, title and,..tnterest in said tt~msl
and City may elect to keep same upon the" premises or to sell, 'remove
or demolish them. In the event of such sale, removal o~ demolition,
Professional shall reimburse City for any cost in excess of any
consideration received by City as a result of said sale, removal or
demolition. '.
(k) It is expressly understood and agreed that the'PrOfessional may
not sign or transfer any of the rt hts,' licensesm,or privileges
any part thereof of this agreement wlthout!thewrttten consentof or
the
City Council having been obtained. The agreement cannot be assigned
involuntarily or by operation or process of .law .'and should the
Professional 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 p~nent
within ten (lO) days after such levy is made, the City may consider,
such to be a breach of the agree~Dt and may cancel and terminate
same.
3. As consideration for the services rendered by the Professional
and the services of all additional employees. it is expressly understood and
agreed by the parties hereto that the Professional shall receive the followlng:
(a) All revenues from tennis lessons.
(b) All revenues from repair of tennis equipment.
(c) All fees collected at the tennis complex shall be the exclusive
property of the Professional, These fees shall be based upon a
posted fee rate and must be consistent with those charges being
made ~t other facilities within San Diego County, Any change in
these charges w111 be made only upon prior approval of the
Director of Parks and Recreation.
(d) All revenues collected from the coin meters.
4. ihe Professional shall be fully aware of the material conditions
of the tennis complex and tennis facilities at all times, and as the
conditions dictate, make specific recommendations to the City for corrective
actions as the City deems necessary. The Professional shall not be ~eld
responsible for work performed or lack of same by the City.
5. Special Termination. Zn addition to the other remedies pt. ovided
by City within the terms of this agreement,' City shall have.the right, upon
thirty (30) days notice to the Professional to cancel this agreemnt,:tf, in
the opinion of the City Nanagermthe'operattons conducted by'Professional are
unsatisfactory, Professional may be granted thirty (30) days to correct same.
In the event of such cancellation, the replacement. Professional obtained by
the City shall purchase from Professional his non-returnabh inventory of
merchandise for sale at Professionalms cost and his equipment'at its fair
t
market value. In the even of disagreement on .values, the';Ctty Nanager shall
establish a value which sh~ll be binding. upon the parties to this agreement.
6. Either party to this agreement may terminate said agreement
within thirty (30) days following delivery of written notice of such
termination.
7. At the conclusion, of this agreement, the City reserves the right
to solicit and advertise rot new proposals to operate and menage the tennis
f~cilities.
THE CITY OF CHULA VISTA TENNIS PROFESSIONAL
Mayor'of ~he~City of CKula Vista
ATTEST
~ty Cler~'~
Apprcved ~s to form by
~/i ty Atto e;
PC llO
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