HomeMy WebLinkAbout74-15 !
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RESOLUTION NO. 74-15
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF UKIAH AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF UKIAH & PA[~L R.
UNDERWOOD, GOLF PROFESSIONAL
WHEREAS the City of Ukiah has previously engaged in
the services of Paul R. Underwood, Golf Professional and
WHEREAS those services have been satisfactory, and
WHEREAS the City desires to continue the services of
Mr. Underwood
NOW THEREFORE, BE IT RESOLVED that certain agreement
attached hereto and made a part hereof between the City of
Ukiah and Paul R. Underwood is hereby approved and
BE IT FURTHER RESOLVED the Mayor is authorized to execute
said agreement on behalf of the City.
PASSED AND ADOPTED this _LS_~___ day of August , 1973.
ATTEST:
Mayor
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GOLF PROFESSIONAL
CONCESSION AGREEMENT
OPY
This agreement, made in duplicate this lst day of A~ls~ , 1973,
by and between the City of Ukiah, a Municipal Corporation, hereinafter called
"City", and Paul R. Underwood, a Golf Professional, hereinafter called "Pro"'
W I T N E S S E T H'
WHEREAS, City owns a Municipal Golf Course, consisting of an eighteen
hole golf course, a clubhouse, storage shed and equipment for the care and
maintenance of the course, and desires to have a Golf Professional manage said
course, buildings and equipment, supervise play upon the course, and have
available for the public such golf equipment and services as may be necessary;
and
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WHEREAS, Paut-R. Underwood is a duly qualified golf professional and
desires to unde~rtake the duties of Golf Professiona~F at the Ukiah Municipal
Golf Course:
NOW, THEREFORE, it is hereby agreed by and between the parties hereto
that City hereby grants to Pro, and Pro hereby accepts and agrees to perform,
the concession of Golf Professional at the Ukiah Municipal Golf Course, Ukiah
California, for the term of two years,commencing on the 1st day of july, 1973,
and ending on 'the 30th day of June, 1975, upon the following terms and condi-
tions'
1) City hereby grants to Pro the exclusive right of the concessions
for sales at said Golf Course, together with the use of that portion
of the clubhouse facilities which are devoted to golf functions
(including kitchen and rest room facilities used jointly with that
portion of the clubhouse devoted to general community purposes), of
golf instruction, golf supplies, golf clothing and equipment, food-
stuffs, confections and drinks, including beer, but no other
alcoholic beverage, provided that the sale of beer shall not be
permitted if it in any way prohibits~or interferes with the use of
any portion of the course or clubhouse by any member of the public,
including minors. Such concessions shall be operated by Pro for his
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~own profit and benefit, and in connection with such operation he
shall maintain the clubhouse and immediate area in a neat, clean
and orderly condition.
2) City hereby agrees to pay pro annually in 12 equal monthly payments
for services called for in this agreement on the following formula
based on data available July 1, 1974.
For fiscal 1973-74 $6,000 at the rate of $500/month
For fiscal 1974-75
($6,000)x(July 17 1973 Mendocino County Population) x
(July 1, 1974 Mend0cino County Population)
(1973-74 greens and membership fees)
(1972-73 greens and membership fees)
~ Compensation
In the event greens or membership fees are changed by the City
Council the 1972-73 base fee shall be adjusted by the Director
of Finance to a figure based on the assumption that the new fees
had be~n in effect during 1973-73.
Such amounts together with the right of concessions hereinabove set
forth shall constitute full payment for all services rendered by Pro
to City. The parties hereto intend that Pro shall be an independent
Contractor rather than an employee of City, and to that end agree
that neither any payment made to Pro by City nor any direction,
control or supervision over his work by City shall make Pro an
employee of City, and that his status shall remain that of an Inde-
pendent Contractor unless changed by express written agreement of the
parties hereto.
3) Pro shall supervise the use of the Golf Course, and shall enforce
all rules and regulations adopted by City relating to use of said
Golf Course or conduct of the players thereon now in effect or which
may hereafter be adopted. He shall collect all green fees in
accordance witR the schedule of fees~from time to time adopted by
City, and he shall account and remit~ekly to City all receipts
due City. He shall keep books and accounts in the manner required
by City. In order to protect City against loss, Pro shall file with
City a fidelity bond of an approved surety company in the sum of
$5 ,ooo.
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4) Pro shall devote his entire time, skill, labor and attention to his
duties as herein agreed at said Golf Course during this agreement,
permitting, however, absence at such times for tournaments, confer-
ences or other sufficient reasons as may be approved by City. Pro
shall keep the Golf Course and the Pro Shop open, either by himself
or by qualified persons employed by him, for a seven (7) day week,
including all Holidays, during all playable hours as determined by
the City Manager or his designated agent. Pro shall employ at his
own expense such number of persons to assist him as may be necessary
to provide the services required of him to the public and to City,
and at no time shall there be less than one (1) qualified person
constantly in charge of the clubhouse while the course is open. All
persons~so employed shall be satisfactory to City, and any person not
so ~atisfactory shall be discharged by ~r~o after reasonable notice
from City. Pro shall obtain at his own expense any and all licenses
or permits required for any phase of his operation. All tax liabili-
ties relating to the Pro's operation--of the Golf Course shall be the
Pro's responsibility.
5) Pro shall cause to be repaired at his own expense any and all damage
or injury to City property caused by him or his employees or agents,
and shall indemnify and hold harmless City, its officers and employee
from any claim or cause of action of any kind which may arise out of
the use of the premises in connection with the operation of the con-
cession, and he shall procure and keep in force during the life of
this agreement a public liability insurance policy including City
as a named insured, in the amount of $50,000/$100,000. Pro shall
supply a certificate of insurance as evidence of the required
coverage.
6) Pro shall, to the best of his ability, promote the game of golf at
said Golf Course, and shall use his best efforts to maintain good
public relations with the playing public. He shall aid and encourage
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the Junior Golf Program and shall cooperate with the adult clubs in
promoting golfing activities. He shall have the exclusive right to
designate the pin placement during tournament activities.
7) Pro shall furnish an annual statement to City showing his gross and
net receipts from the concessions granted hereunder during the pre-
ceding year. Such statement shall be furnished on or about the
first day of May of each year of this agreement and shall be subject
to audit at the option of City. Such statement shall be prepared by
a Certified Public Accountant and shall be certified by him.
8) The parties intend that if Pro's performance under this agreement has
been satisfactory to City, that at the conclusion of this agreement
they will renegotiate for another Golf Professional Concession
Agreemen~ on the same or different terms. To that end it is agreed
that. Pro shall have the right of first refusal of any such new
agreement. Such right of first refusal shall terminate 30 days
after a new agreement is presented to Pro.
9) Pro shall not assign this concession nor sublet any portion of the
premises. This agreement shall terminate, at the option of City,
if any of the following conditions occur: 1) failure of Pro to
remedy any default of any condition herein after 10 days written
notice; 2) death of Pro; 3) any proceeding in bankruptcy or
assignment for benefit of creditors on behalf of Pro; 4) any
other act or event which prevents Pro from personally exercising
the duties required of him for a period of longer than 5 days, ex-
cept with the consent and approval of City.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands.
"PRO." "CITY"
~ /~/'/// ~ ~CI~Y OF UKIAH, a blunicipal
~'~/~.~/~ i~ //~.~/~-/z~~\ Corporation,
~'~~' City Cl~=k ---' ' ~- ~
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