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HomeMy WebLinkAboutResolution 1988-035 RESOLUTION NO. 88-35 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the attached contract with Recreational Services Limited as the act and deed of the City. PASSED AND APPROVED this 20th day of September, 1988. ~'/~ Mayor ATTEST: ~~~ C· Y Secretary APPROVED AS TO FORM AND LEGALITY: ~ ~-- ~~------- ;/\~//'- , ß~G ' Attorney for the 1 ty . 'y . I;, . ý .' 6\:"-7 '. ' PERSONAL SERVICES MANAGEMENT AGREEMENT For the Management of Golf Course and Club House Operations '" THIS PERSONAL SERVICES AGREEMENT executed September~, 1988, is by and between THE CITY OF NORTH RICHLAND HILLS, TEXAS (the "City") and RECREATIONAL SERVICES, LTD., a Texas limited partnership ("RSL"). . WIT N E SSE T H: ~oJHEREAS, the City plans to build a golf course (the "Golf Course") and clubhouse (the "Clubhouse") as described in the Construction Supervision Agreement (the "Construction Agreement") between the City and ,RSL of even date herewith; and WHEREAS, the City and RSL desire,for RSL to manage and operate the Golf Course and Clubhouse (which are sometimes - hereinafter referred to as the "Facility") on behalf of the City. NOW, THEREFORE, for and in consideration of the c'ovenants and agreements contained herein, the parties hereto agree as follows: 1. Term of Aqreement¡ The term of this Agreement shall begin on the first day the Facility is open and the Golf Course is ready for play (the "Start Date"), and it shall end on the fifth anniversary of the Start Date unless terminated by the City prior ... to that date. oj, The City shall have the option to terminate this Agreement at any time following the third anniversary of the start Date, which option may be exercised by giving written notice to RSL not less than ninety (90) days prior to the termination date City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 1 '.' determined by the city. The City shall determine the start Date after consulting with RSL. '" 2. Services to be Performed by RSL. During the term of this Agreement, RSL shall operate the Facility, handling the collection and disbursement of all money, employing all employees, purchasing and selling food, beverages, ,merchandise, supplies and services, purchasing insurance coverage, handling disputes with third parties, collecti~g and paying appropriate taxes, and accounting to the City for i ts activities. The City hereby grants and delegates to RSL the authority and responsibility necessary to permit RSL to perform its duties under this Agreement, agrees to take such additional steps as are necessary to evidence such delegation and authorization as is reasonably requested by RSL in writing, and authorizes the exclusive use of the Facility by RSL ." during the term of this Agreement for this purpose. With respect to the operation of the Facility, the parties hereto agree as follows: (a) Maior Decisions. RSL shall secure the City's prior approval of all maj or policy decisions, including but not limited to capital improvements and expenditures, operational budgets, Clubhouse and ground rules. RSL shall, to the best of its ability, operate the Facility in accordance with the major policy decisions agreed upon with the City. The Facility shall be open to the general public. All fees charged to customers at the Facility shall be subject to the approval of the City, provided that the City shall approve fee proposals of RSL which are comparable to those fees charged by competing public golf courses for similar services and facilities. Unless the parties agree otherwise, the fees shall increase annually by at least the amount proportional to increases in the Consumer Price Index for the geographic area. (b) Periodic Operation Review. RSL shall, on an ongoing and continuing basis as shall be reasonable and necessary, City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 2 · .' . ',' , but not less than twice a month during the first six months of this Agreement, review its management work, pr~grams and efforts with the City. The City shall be kept fully informed of all Facility management activities and ope~ations. Prior to the start Date, RSL will meet with the City to establish proper accounting controls. (c) Promotion of Golf Activities. RSL shall coordinate the creation or modification of graphics, logos and other visual materials for utilization on letterheads, envelopes, temporary and permanent signage, brochures, information profile, progress reports, press releases and bulletins. RSL shall coordinate and direct all of the work done in the area of advertising and public relations to ensure that the Facility wil~ create an appropriate, continuing visual image and presence in print and communications media. This will be achieved principally by securing articles, interviews and reports in the media dealing with construction progress, Golf Course design and features, Clubhouse facilities, and employment of key personnel. (d) start-up Budqet. In order to assist the City in ' JJ evaluating the performance of RSL under this Agreement, and~ I to prepare for proper operation of the Facility, prior to the start Date RSL shall prepare a budget and present and review . O~ it with the City. Upon approval by the City, RSL shal, /I ti implement the start-up budget and make all purchases~required L for start-up as set forth in the approved budget. Such purchases shall include Golf Course maintenance equipment,"f: ~lOlf c:..Uf food and beverage inventories and stock, Golf Course supplies, Golf Course maintenance supplies, Clubhouse cleaning and ~' maintenance supplies and equipment, and accounting and office V equipment and supplies. The cost of purchases, together with ~¡ the opening working capital established in the approved start- up budget, is hereinafter referred to as the "Initial RSL Capital," and shall be funded by RSL, or, at the option of City, by the City. ~ (e) Annual Budqets. Each July during the term of this Agreement, RSL shall submit a proposed operating budget to the ci ty for the upcoming Fiscal Year (the period beginning October 1st and ending September 30th is referréd to herein as the "Fiscal Year"). Once the proposed operating budget is approved by the City, RSL shall use its best efforts to operate the Facility in accordance with ,the operating budget. (f) Facility Personnel. RSL shall recruit, interview and hire the basic Facility staff, including all on-site management personnel, i.e., golf pro, assistant golf pros, golf course superintendent, all food and beverage staff, house and grounds maintenance personnel, janitorial staff, etc. Such personnel shall be hired and employed by RSL. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 3 .' . " ' (g) Food, Beveraqe and Merchandise. The city agrees to permit the sale of beer, wine and liquor by the drink at the Facility. RSL shall comply with all Texas laws relating to the sale of same if RSL chooses to obtain appropriate licenses and sell same at the Facility. In addition, RSL shall purchase and sell such other food, beverage and merchandise at the Facility for such prices as it deems prudent, provided that the items purchased and sold are of a type typically available at comparable public golf facilities. 3. Payment of Cash Flow. On the 15th day of each February, May, August and November during the term of this Agreement (or more . often, as requested by the City), RSL shall pay to the City one hundred percent (100%) of the Net Cash Flow from the Facility I determined in accordance with the provisions this paragraph, for the period ending on the last day of the preceding month. Net Cash Flow shall equal the sum of the following: Revenues minus the sum of: (i) Expenses, plus (ii) Approved Capital Expenditures, plus .' -. (iii) Debt Service on Initial RSL Capital, plus (iv) Approved Reserves. (a) Revenues. "Revenues" shall mean all cash receipts of any kind from operation of the Facility, including but not limited to green fees, cart rentals, range fees, proceeds from the sale of food, beverage and merchandise, rebates, rentals, proceeds from the sale of assets, and interest. Also revenues shall include advances ~rom the City and insurance proceeds. (b) Expenses. "Expenses" shall mean all cash expendi- tures and losses of any kind from the operation of the Facility, including but not limited to: . ,s- (i) Payroll, payroll taxes, employee benefits and unemployment insurance and taxes; ~ (ii) Payments for food, beverage, merchandise and supplies; (iii) Insurance costs; (iv) Payments for advertising and promotion of the Facility; City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 4 '. (v) Lease payments and debt service payments for equipment, furniture, fixtures and other capital items, provided that the purchases or leases o~ the item were approved by the City; (vi) License fees, dues and subscriptions; (vii) Expenses of hiring and training personnel; (viii) Costs of maintaining the Golf Course and Clubhouse; and (ix) All management fees paid to RSL in accordance with th.is Agreement, including the Fixed Fee and any Contingent Fee. (c) Approved CaDi tal Expenditures. "Approved Capital Expendi tures" shall mean all cash payments for equipment, furniture, fixtures, Facility improvements and other capital items approved by the City. (d) Debt Service on Initial RSL Capital. Once the amount to be funded by RSL for the Facility has been deter- mined in accordance with paragraph 2 (d) above and RSL has funded such amount, RSL shall begin repayment of that amount from the Facility in level monthly payments based (adjusted for changes in interest rates) on a 10-year amortization, bearing interest at the rate of two percent (2%) over bank prime per annum. All payments made from the Facility to RSL are referred to herein as the "Debt Service on Initial RSL Capital." ~ (e) Approved Reserves. "Approved Reserves" shall mean the amount of cash approved by the City to be held by RSL for operation of the Facility for the then upcoming three-month period. f - 4. Advances from the City. If at any time the Net Cash Flow from the operation of the Facility is not sufficient to meet the ,.. Debt Service on Initial RSL Capital and Approved Capital Expendi- .¡, tures and Expenses as they become due, the,city shall advance to RSL the amount of cash necessary to meet such obligations. 5. Fiduciary Relationship. All of the Revenues and Expenses arising in connection with the operation of the Facility shall City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 5 " belong to or be owed by RSL, all employees of the Facility shall be employees of RSL, and all assets and liabilities loc~ted at the Facility (other than the Golf Course, the Clubhouse and other start-up items funded by the City in accordance with paragraph 2(d) above) shall be the property or obligation of RSL. However, RSL shall maintain a separate account for the receipt of Revenues and advances from the City and the payment of Expenses and approved capi tal expendi tu~es, which account shall be designãted as the "Facility Account." RSL shall have a fiduciary duty to the City with respect to its operation of the Facility, faithfully account- ing to the City and paying all payments due to the City in accordance with this Agreement. RSL shall in no way commingle the Revenues and advances from the City with other money or accounts, and it shall not take any money or property from the Facility ,.:. -. Account or the Facility except for the Debt Service on Initial RSL Capital and Management Fees and expense reimbursements set forth in this Agreement. In addition, no purchase of goods or services shall be made by RSL as an asset or Expense of the Facility from an entity affiliated with RSL unless such purchase is on terms reasonably competitive with terms available from non-affiliated sources. Any breach of the covenants contained herein shall be a ....' breach of the fiduciary obligation of RSL to the City hereunder. oš 6. Manaqement Fees. In exchange fqr the services to be rendered by RSL hereunder, RSL shall be reimbursed from the Facility Account for all direct and indirect out-of-pocket expenses incurred by it in connection therewith, and RSL shall be paid the City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 6 " - Fixed Management Fee. In addition, for periods in which it is earned, RSL shall be paid the contingent Management Fee from the '" Fiduciary Account. (a) Fixed Manaqement Fee. The Fixed Management Fee for each month during the term of this Agreement shall be the following: ~ (i) $5,500 from the start Date through September 30, 1991; (ii) $6,050 from October 1, 1991, through September 30,199.; (iii) $6,650 from October 1, 1992, through September 30, 1993; (iv) $7,300 from October 1, 1993, through September 30, 1994; and (v) $8,050 from October 1, 1994, through the end of the term of this Agreement. (b) Accrual and Payment of Continqent Manaqement Fee. The Contingent Management Fee shall be payable from the Facility Account in the first month following a calendar year in which the Revenues (other than interest and proceeds from the sale of assets, hereinafter referred to as "Gross Revenues") are not less than the following amounts: ,- .. (i) $597,600 for 1990; ( ii) $975,500 for 1991; (iii) $l,187,3DO for 1992; (iv) $1,398,000 for 1993; (v) $1,481,800 for 1994; and .... (vi) $1,570,700 for 1995. " For the calendar year in which this Agreement is terminated, the Gross Revenues for the calendar year shall be reduced based on a reasonable proration. If the Gross Revenues for any period are less than the amount stated above, the City may, in its discretion, consent to the payment of all or any portion of the Contingent Management Fee for that period. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 7 ',' (c) Amount of Continqent Manaqement Fee. The amount of the Contingent Management Fee, if and when earned hereunder, shall be the lesser of: (i) the Fixed Management Fees for the calendar year, or (ii) the following for the-periods stated below: (i) For 1990: Five percent (5%) of the Gross Revenues in excess of $597,600; . (ii) For 1991: (A) $500 if Gross Revenues are less than $1,300,500; or " (B) $500, plus five percent (5%) of the excess over $1,300,500, if the Gross Revenues exceed $1,300,500. (iii) For 1992: (A) $39,800 if Gross Revenues are less than $1,583,100; or (B) $39,800, plus five percent (5%) of the excess over $1,583,100, if the Gross Revenues exceed $1,583,100. .' -. (iv) For 1993: (A) $77,800 if Gross Revenues are less than $1,864,000; or (B) $77,800, plus five percent (5%) of the excess over $1,864,000, if the Gross Revenues exceed $1,864,000. (v) For 1994': (A) $84,200 if Gross Revenues are less than $1,975,800; or (B) $84,200, plus five percent ~(5%) of the excess over $1,975,800, if the Gross Revenues exceed $1,975,800. ~ (vi) For 1995: (A) $90,700 if Gross Revenues are less than $2,094,300; or City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 8 · ' (B) $90,700, plus five percent (5%) of the excess over $2,094,300, if the Gross Revenues exceed $2,094,300. For the calendar year in which this Agreement is terminated, the Contingent Management Fee for the calendar year shall be reduced based on a reasonable proration. 7. Accounting. RSL shall maintain boóks and records relating to the business activities of the Facility in accordance ~ith generally accepted accounting principles, separate from its other books and re~ords. Soon after the Start Date and the funding of the Initial RSL Capital, RSL shall hire accountants on behalf of the Facility to prepare an opening balance sheet listing the assets and liabilities used or incurred in the operation of the Facility. Thereafter, monthly financial statements shall be prepared as an Expense of the Facility, Y{hich statements shall include unaudited balance sheets and income statements (the· ~ "Financial Statements") prepared as if the operation of the Facility is a business entity separate from RSL and the City. The balance sheet shall reflect all of the assets remaining unsold hhich were purchased with the Initial RSL Capital, with subsequent advances to the Facility Account by the City, or with Revenues from the Facility. RSL shall deliver a copy of each Financial Statement Nithin a reasonable time after the end of each month. In addition, $1-' RSL shall deliver a copy of its audited financial statements for ,~ each calendar year beginning with 1988 and continuing until the termination of this Agreement. At any time during the term of this Agreement, the city shall be entitled to inspect the books and records of the Facility, and it may conduct an audit of the city of North Rich1and Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 9 , , Facility and the Financial statements, pr9vided that any expense incurred by the City in conducting an inspection or audit shall be borne by the city. 8. Termination Option. In addition to the termination option described in paragraph 1 above, the City shall have the option of terminating this Agreement in the event of a default by RSL hereunder. (a) Dej¡ault. The following shall, unless cured in accordance with paragraph B below, constitute a default by RSL (a "Default"): (i) Any breach of the fiduciary obligation of RSL under paragraph 5 of this Agreement; (ii) The filing of a voluntary petition for protec- tion under federal bankruptcy laws, or the failure to obtain the dismissal of an involuntary petition under federal bankruptcy laws within thirty (30) days after filing; .' ... (iii) A discontinuance by RSL of its business or abandonment of its activities at the Facility; or (iv) A failure of RSL to perform its duties under this Agreement or the Construction Agreement. (b) Cure. RSL shall have thirty (30) days after written notice from the City specifying the nature of its Default under paragraph (a) (iv) ,above, within which to cure such Default, provided that fif the nature of the Default is such that it cannot be fully cured within thirty (30) days, RSL shall have such additional time as may be reasonably necessary to cure such Default so long as RSL diligently pursues cure of the Default. ~ (c) Exercise of Termination option. The City may exercise its option hereunder to terminate this Agreement by giving written notice of the Default to RSL. In the event of a Default under paragraphs (a) (i), . (ii) or (iii), this Agreement shall terminate immediately upon delivery of wri tten notice from the City to RSL of its election. to terminate the Agreement. In the event of a Default under paragraph (a) (iv), this Agreement shall terminate upon expiration of the cure period under paragraph (b) following delivery by the City to City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 10 , , /A I~~ Íi ~/r y RSL of its election to terminate the_Agreement provided that RSL has not timely cured the Default. 9. Trans fer Upon Termination. Upon terrniJ:lation of this Agreement, RSL shall sell, transfer and assign all of the assets To ;~.e. city which would properly be reflected on the Financial statements of the Facility as provided in paragraph 7 of this Agreement, and the City shall repay the then remaining Debt Service on Initial RSL Capital in lump sum and assume all liabilities which would properly . be reflected on the Financial Statements and all obligations and contingent liabilities relating to the Facility, other than contingent tort liabilities which result from the intentional wrongdoing of RSL or its agents and other insured tort liabilities. (a) Assets to be Transferred. Said assets shall include, but not be limited to, all of,RSL's right, title and interest to any of the following arising out of activities of the Facility or purchased by RSL from the Initial RSL capital, advances from the City, or Revenues of the Facility (other than insurance proceeds relating to liabilities not required to be assumed by the city): (i) Cash, including the Facility Account; (ii) Accounts receivable; (iii) Other receivables; (iv) Inventories of merchandise, food, beverages and supplies; (v) All equipment, furniture and fixtures; , JI- (vi) prepaids and deposits; oj, (vii) Contract rights; (viii) Trade names; (ix) Books and records; and (x) Goodwill. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 11 -.' " (b) Liabilities to be Assumed._ Said liabilities shall include but not be limited to all debts and obligations of RSL arising out of the operation of the Facility remaining unpaid or unsatisfied at that time, other than tort liabilities resulting from the intentional wrongdoing of RSL or its agents. (c) Closinq. The transfer of assets, payment of the Debt Service on Initial RSL Capital and assumption of liabilities shall occur on or within a reasonable time following the date on which this Agreement is terminated. 10. Indemnity. RSL is not an agent or employee of the City hereunder, and al~of its activities relating to the Facility shall be in its capacity as independent contractor to the city. (a) Obliqations of the Facility. Provided that the City is not in breach of its obligations hereunder, at the Expense of the Facility RSL shall pay all obligations and defend all disputed claims arising out of or resulting from RSL's activities conducted in connection with or incidental to this Agreement. (b) Indemnification by RSL. RSL agrees to indemnify, hold harmless and defend the City, its officers, agents and' employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of'or resulting from RSL' s intentional acts or other insured tort liabilities. (c) Indemnification by the City. The City agrees to indemnify and hold harmless and defend RSL, its officers, agents and employees, from and against all liabilities for any and all claims, liens, suits, demands or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorneys' fees and other reasonable costs arising out of or resulting from the liabilities and obligations to be assumed by the city in accordance with paragraph 9 of this Agreement. ~ (d) Notice of Claims. RSL and the City will provide each other with prompt and timely notice of any event covered by the indemnity section of this Agreement and in the event a claim or action is filed, each party may employ attorneys of its own choosing to appear and defend the claim or action on its behalf. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 12 · ' 11. Insurance. As an Expense of th~Facility, RSL agrees to obtain public liability insurance of the types and in the amounts set forth below from an underwriter licensed to do business in the state of Texas. RSL shall furnish to the City certificates of insurance or copies of the policies, evidencing the required insurance within thirty (30) days of the start Date, and thereafter shall furnish new certificates thirty (30) days prior to the expiration date oj the previous certificate(s). So long as the City is not in breach of this Agreement, RSL agrees to secure and maintain the following types and amounts of insurance, for the term of this Agreement. (a) Type and Amount of Insurance. The type and amount of insurance to be obtained for the Facility is as follows: "TYPE" 1. Worker's Compensation and Employer's Liability "AMOUNT" Statutory Bodily Injury: $500,000 - per person $1,000,000 - per occurrence and Property Damage: $250,000 - per occurrence or $1,000,000 Combined Single Limit for bodily injury and property damage. r- Amount sufficient to protect the loss of the largest dol- lar amount in the control or possession of an employee at any given time, but not less than $125,000 or such other amount as requested by the City. City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 13 2. Comprehensive General (Pub- lic) Liability (or its equi- valent) - to include (but not limited to) the follow- ing: (a) Premises/Operations (b) Independent Contractors (c) Personal Injury (d) Products/Completed Operations 3 . Fidelity Insurance - cover- ing all employees and officers having access to monies collected. · ' 4 . Property,- Insurance for physical damage to the property of RSL located at the Facility, including improvements and betterments to the Facility. 5. Comprehensive Automobile Liability (or its equiva- lent) - to include coverage for: (a) Owned/Leased Automo- biles (b) Non-owned Automobiles (c) Hired Cars Coverage for minimum of one hundred percent (100%) of the fair market value- of prop- erty. Bodily InjU1:Y::' $500,000 per person $1,000,000 per occurrence and Property Damage: $250,000 per occurrence or $1,000,000 Combined Single Limit for bodily injury and property damage. (b) Additional Insurance Requirements. With respect to the above-described insurance, RSL agrees to: (i) Have the City named as an additional insured, or an insured as its interest may appear. (ii) Provide for a Waiver of Subrogation in favor of the city. .' -. (iii) Provide thirty (30) days' written notice of any material change, termination or cancellation. 12. Miscellaneous. (a) Assiqnment. The rights and obligations under this agreement are not assignable by either party without the written consent of the other party hereto; provided, however, that such consent shall not be unreasonably withheld taking into account only the capability of the proposed assignee to perform the duties of the assignor hereunder. (b) Notices. In the event of delivery of any notice provided for or required under this Agreement, the notice shall be in writing and shall be effective upo~ delivery if delivered in person or by messenger, or upon the third business day following deposit in the United states mail, if mailed certified mail, return receipt requested, postage prepaid, to the address of the addressee as follows: If to the city: The City of North Richland Hills . 7301 N.E. Loop 820 North Richland Hills, TX 76180 City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 14 - . . , , If to RSL: Recreational Services, Ltd. 3012 Fairmount Dallas, TX 75201 .. Attn: Mr. Martin J. streiff, President With a copy to: White, Cox & Larsen, P.C. 3012 Fairmount Dallas, TX 75201 Any party may change its address for notification purposes by giving the other parties written notice of such change in the manner provided above. II (c) Entire Aqreement. This Agreement constitutes the entire agreement between the parties pertaining to the subj ect matter hereof, and this Agreement supersedes all prior letter agreements and correspondence with respect to the subj ect matter of this Agreement. (d) Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas, and shall be enforceable in Tarrant County, Texas. (e) Attorneys' Fees. In the event any party to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all attorneys' fees and court costs incurred as a result of such proceedings. " -. (f) Parties Bound. with the exception of the limitation on assignability of this Agreement as provided above, this Agreement shall bind the respective successors and assigns of the parties hereto. (g) Headinqs. The headings used in this Agreement are used for administrative purposes only, and do not constitute substantive matter to be considered in construing the terms of this Agreement. ,» (h) Leqal Construction. In case ,anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforce- able provision had never been contained herein. City of North Richland Hills/Recreational services, Ltd~ Personal Services Management Agreement Page 15 ~ , ".. .. IN WITNESS WHEREOF, this Agreement has been entered into as of the date first written above. - ATTEST: The City: THE CITY OF NORTH RICHLAND HILLS, TEXAS B . \\: RSL: . RECREATIONAL By: STATE OF TEXAS § § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared ____ '- ;t'..è-d~ ~ ~~ , 'ß7~ of THE CITY OF NORTH RICHLAND ~ILLS, TEXAS, known to me 0 be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said city. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~~day of September, 1988. ~~~ ~~~~~eF.J - Notary . 111ic in and for the State of Texas a.-&..u (/ ~~.é?¿'? ~- [PRIÐTED NAME OF NOTARY] My commission expires: , \ ,\ i ' \' . \, \ City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 16 . " ' STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the state of Texas, on this day personally appeared MARTIN J. STREIFF, President of RECREATIONAL SERVICES, INC., which is the General Partner of RECREATIONAL SERVICES, LTD.,_ d-_ partnership, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said partner- ship. GIVEN UijDER MY HAND AND SEAL OF OFFICE of September, 1988. , . this ~, day \1 , \: .' ",,, '~" " ~~~/9~ Notary P ic in and for , the State of Texas· I! 11,\\" . . ',) ...--' ~ . . " "I ,\\ L?//1/,I(/V /E~~- .\ \ [PRINT~D NAME OF NOTARY] My commission expires: ~ ,...' ~ la\WP\RSL\PERSERMA City of North Richland Hills/Recreational Services, Ltd. Personal Services Management Agreement Page 17