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Home My WebLink AboutItem 05 - Director of Golf Employment AgreementDirecotr of Golf Employment Agreement Jim Smith STATE OF TEXAS § COUNTY OF TARRANT § KNOWN ALL PERSONS BY THESE PRESENTS FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fourth Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992, is made as of the day of , 2007, by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"). WHEREAS, the City and Smith desire to amend the Agreement and any amendments thereto, same being attached hereto as Exhibit "A" incorporated herein. WHEREAS, the City and Smith entered into Amendments to the Agreement dated February 4, 1997, October 1, 1997, and June 7, 2002, (the "Amendments"); NOW THEREFORE, in consideration of the above premises, the Agreement is amended as follows: 1. Section II (d) is hereby amended in its entirety and replaced to read as follows: d. The City shall be reimbursed an amount equal to ten percent (10%) of the gross Pro Shop merchandise sales. The gross Pro Shop merchandise sales shall not include sales to City employees or sales to other golf clubs. In addition, the City shall be reimbursed in amount equal to twenty-five percent (25%) of the gross proceeds from the operation of the driving range. Smith shall remit the proceeds to the City by the 10`h day of each month, following the month of sale. 2. Section III is amended to read as follows: The term of this Agreement shall be extended for one additional five (5) year period beginning October 1, 2007, and ending five (5) years thereafter, unless either party notified the other party of its intention to terminate this Agreement in accordance with Section IV hereof. Any increases in the aforesaid base salary shall be dependent upon such (annual) adjustments as may be approved by the City Council in the annual City budget. 3. All other terms and conditions of the Agreement and Amendments not hereby amended shall remain the same and in full force and effect. Executed this day of , 2007. ATTEST: Linda Huff, City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney CITY OF GRAPEVINE, TEXAS 0 IM Bruno Rumbelow, City Manager Jim Smith STATE OF TEXAS § COUNTY OF TARR-ANT § KNOWN ALL PERSONS BY THESE PRESENTS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT This Third Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992, is made as of the 4' day of June, 2002, by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"). WHEREAS, the City and Smith desire to amend the Agreement and any amendments thereto, same being attached hereto as Exhibit "A" incorporated herein. WHEREAS, the City and Smith entered into Amendments to the Agreement dated February 4, 1997, and October 1, 1997, (the "Amendments"); NOW THEREFORE, in consideration of the above premises, the Agreement is amended as follows: 1. Section II (d) is hereby amended in its entirety and replaced to read as follows: d. The City shall be reimbursed an amount equal to ten percent (10%) of the gross Pro Shop merchandise sales. The gross Pro Shop merchandise sales shall not include sales to City employees or sales to other golf clubs. In addition, the City Shall be reimbursed in amount equal to ten percent (10%) of the gross proceeds from the operation of the driving range. Effective the first day of the month following the permanent opening of all 27 holes of the golf course, the percentages for reimbursement provided for hereinabove in this. section shall become fifteen percent (15%). Smith shall remit the proceeds to the City by the lvh day of each month, following the month of sail. 2. Section III is amended to read as follows: The term of this Agreement shall be extended for one additional one (1) year period beginning October 1, 2002, and ending one (1) year thereafter, provided that the term of this Agreement shall be automatically extended for one (1) year periods until September 30, 2007, unless either party notified the other party of its intention to terminate this Agreement in accordance with Section IV hereof. Any increases in the aforesaid base salary shall be dependent upon such (annual) adjustments in effect at such particular time. 3. All other terms and conditions of the Agreement and Amendment not hereby amended shWI remain the same and in full force and effect. Executed this ' 7 'T' ! - day of 2002. ATTEST: By: Linda Huff, Clty(kcreiary APPROVED AS TO FORM: By: John F. Boyle, Jr. City Attorney APPROVED BY COUNCIL `tom - 4 - C ce 12-1 CITY OF .GRAPEVINE. TEXAS By: RogerNelson, !IFv- —Manager 0 1 C AGREED: By: STATE OF TEXAS § § KNOWN ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § SECOND AMENDMENT TO GOLF COURSE CONCESSION AGREEMENT f This Second Amendment to the Golf Course Concession Agreement dated February 199-5, and the Amendment dated November 17, 1992 (hereinafter referred to as the `'Agreement"), is made as of the 4`'' day of June, 2002, by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and PRP Food Service, Inc. (hereinafter referred to as the "Concessionaire"). WHEREAS, THIS Amendment shall amend the Agreement and any amendments thereto which are attached Hereto as Exhibit "A" and incorporated herein. NOW, THEREFORE, in consideration of the above premises, the Agreement is amended as follows: v 1. The term of the Agreement is hereby extended by one (1) additional five (5) year period, which period shall expire on December 31, 2007. All other terms and conditions of the Agreement not hereby amended shall remain the same and in full force and effect. Executed this (0 da of Y ATTEST: By:L — Linda Huff, City Sec oty 2002. CITY OF GRAPEVINE, TEXAS BY _. Roger Nelson, City Manager By: John F. Boyle, Jr. CityAttorney CONCESSIONAIRE: By: Phil R. Parker, President STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF TARRANT § This Second Amendment to the Employment Agreement (the "Agreement") dated September 22, 1992 is made as of the 1st day of October, 1997 by and between the City of Grapevine, Texas (hereinafter referred to as the "City") and Jim Smith (hereinafter referred to as "Smith"), WHEREAS, the City and Smith desire to amend the Agreement and the Amendment, same being attached hereto as Exhibit "A" incorporated herein. WHEREAS, the City and Smith entered into an Amendment to the Agreement date February 4, 1997 (the "Amendment"); and A new Section II(d) is hereby created to read as follows: d. The City shall be reimbursed an amount equal to ten percent (1090) of the gross Pro Shop merchandise sales. The gross Pro Shop merchandise sales shall not include sales to City employees or sales to other golf clubs. In addition, the City shall be reimbursed an amount equal to ten percent (10%) of the gross proceeds from the operation of the driving range. Smith shall remit the proceeds to the City by 10th day of each month, following the month of sale. NOW, THEREFORE, in consideration of the above premises, the Agreement is amended as follows: All other terms and conditions of the Agreement and Amendment not hereby amended shall remain the same and in full force and effect. Executed this Z day of 11 �tC (` 1997. CITY OF GRAPEVINE, TEXAS By: Roger Nelson, Interim City Manager Pk ATTEST: ,� �'A�'� i rr:^i i By: Linda Huff, City gd--,fetary F. No a "Of 1IRES-lumm By: City Attorney AGE M- EXHIBIT "A" STATE OF TEXAS § COUN= OF TARRANT OFFICIAL RECORD EMPLOYM_,NT AGREEMENT For and in consideration of the mutual terms, conditions and covenants as contained herein:, the f entereollo>rTing agreement is entered into by and between Jim Smith, hereafter referred to as "Smith" and the City of Grapevine, Texas, hereafter referred to as "City. 1. Smith shall serve as Director of Golf Operations by performing the duties as prescribed by the City Manager. Smith shall have Department Head status with the exception of a monthly car allowance and report directly to the City Manager. zz. in consideration for such services, Smith shall receive: a. Annual salary of $50,000.00 payable every two weeks as are other City employees, October 1, 1992 through September 31, 1903beginning b. 100% of the income derived from the sale, use or rental of all merchandise, driving range activities, golf club repair, golf club rental or lessons and the used golf ball concession. c. All benefits received by the full time employees of the City, includHealth- Hea th Insurance and participation in the City's retirement system, with the exception of vacation benefits, sick leave accrual benefits plus sick leave buy back at the end of calendar year, TTT This Agreem.ient shall be for a one >e beginning October 1 1 � (1) year p�riod g 9 992 and ending one (1) year 'thereafter, provided that the initial one (1) year term of this Agreement shall be automatically extended for additional one (1) year periods until September 30, 1997, unless either party notifies the other party of its intention to terminate this Agreement in accordance with Section IV hereof.r ny �increase in the aforesaid base salary shall be dependent upon such (annual) review and in accordance with City guidelines for salar adjustments in effect at such particular time. y 0944X/58 IV. Either party must give the other party at least six (6) months notice in writing of termination of this Agreement. V. Upon termination or resignation as the case may be, the City shall purchase all merchandise at cost; range equipment and fixtures shall be purchased at their appraised value. VI. Upon the effective date of this Agreement (October 1, 1992) , the City shall purchase the golf carts at 90% of their trade—in value. Tools shall be purchased at their appraised value and computer programs shall be purchased at their original purchase price. Said items to be purchased are set out by the hereto attached Exhibit "A." VII. This Agreement represents the entire understanding of the parties and any change, alteration or modification of this Agreement shall be effective only in writing. Venue for tris' Agreement shall be in Tarrant County, Texas. 12� i."a EXECUTED this vday of 1992. JIM SMITH 0944X/59 CITY OF GRAPEVINE, TEXAS '1 City Manager / c� APPROVBD BY COUNCIL S E P 1 a 101