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.
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Mayor
ATTEST:
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C· Y Secretary
APPROVED AS TO FORM AND LEGALITY:
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Attorney for the 1 ty
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PERSONAL SERVICES MANAGEMENT AGREEMENT
For the Management of Golf Course
and Club House Operations
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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").
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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
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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
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to that date.
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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
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determined by the city. The City shall determine the start Date
after consulting with RSL.
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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
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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
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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
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(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
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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
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(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:
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(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
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(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."
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(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
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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
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Debt Service on Initial RSL Capital and Approved Capital Expendi-
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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
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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
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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
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breach of the fiduciary obligation of RSL to the City hereunder.
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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
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Fixed Management Fee.
In addition, for periods in which it is
earned, RSL shall be paid the contingent Management Fee from the
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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:
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(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
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(vi) $1,570,700 for 1995.
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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
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(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.
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(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
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(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·
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"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,
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RSL shall deliver a copy of its audited financial statements for
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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
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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;
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(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.
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(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
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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
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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;
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(vi) prepaids and deposits;
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(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
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(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
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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.
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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.
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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.
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(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
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If to RSL:
Recreational Services, Ltd.
3012 Fairmount
Dallas, TX 75201
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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.
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(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.
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(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.
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(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
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IN WITNESS WHEREOF, this Agreement has been entered into
as of the date first written above.
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ATTEST:
The City:
THE CITY OF NORTH RICHLAND HILLS,
TEXAS
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RSL:
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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:
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City of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement Page 16
.
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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
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",,, '~"
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~~~/9~
Notary P ic in and for ,
the State of Texas· I! 11,\\"
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L?//1/,I(/V /E~~- .\ \
[PRINT~D NAME OF NOTARY]
My commission expires:
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la\WP\RSL\PERSERMA
City of North Richland Hills/Recreational Services, Ltd.
Personal Services Management Agreement Page 17