HomeMy WebLinkAboutResolution No. 1982-13 i .
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RESOLUTION NO. 82-13
A RESOLUTION ESTABLISHING AN AGREEMENT BETWEEN
THE CITY OF CAPE CANAVERAL, FLORIDA AND RONALD
B. HILBURN TO PROVIDE TENNIS INSTRUCTIONS AT THE
RECREATION COMPLEX; PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The City Council hereby authorizes the Mayor
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and City Clerk of the City of Cape Canaveral, Florida to execute
an agreement between the City and Ronald B. Hilburn for his
services as Tennis Instructor at the Cape Canaveral Recreation
Complex, a copy of said agreement being attached hereto and by
'reference made a part hereof.
SECTION 2 . This Resolution shall become effective
-,,
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
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Florida this 2nd day of March , 1982 .
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M I CROFI LMED 1-18-83 4
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AGREEMENT
THIS AGREEMENT, made this g day of March , 1982
by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter
referred to as "City" and Ronald B. Hilburn, hereinafter referred
to as "Hilburn" ,
WITHNESSETH:
That in consideration of the mutual promise and covenants
contained herein, the parties agree as follows:
1. Purpose. The purpose of this agreement is to provide
tennis instruction to the users of the Cape Canaveral Recreation
[1/
Complex, and to assist in tennis tournaments and tennis clinics .
It is the intent of this agreement that Hilburn is to provide
tennis instruction to the users of said Complex and to assist in
tennis tournaments and tennis clinics, in accordance with the
terms of this agreement.
2. Term of Agreement. This agreement shall continue from
time to time and may be terminated at any time by either of the
parties hereto; provided further that either party wishing to
terminate this agreement will provide the other party with
written notice of intention to so terminate within fourteen (14)
days of the date of said termination.
3. Rates for Instruction. Hilburn shall charge the following
rates to those persons obtaining tennis instruction from him:
Private lessons $13. 00 for one hour
6.50 for 1/2 hour
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Private lessons 65. 00 for series of 6 one-hour
lessons
32. 50 for series of 6 one-half
hour lessons
Semi-private lessons
students $ 7. 00 per person for one hour
3.50 per person for 1/2 hour .
Group of three or four
$14 . 00 for series of six 1 'hour
lessons (per person - resident)
16. 00 per person (non-resident)
Group of six or more $10. 00 for a series of six 1 hour
Junior Students (under lessons (per person - resident)
16 yrs of age) 11. 00 for a series of six 1 hour
lessons (per person. - non-
resident)
It is intended that the City will collect all fees described
herein from the persons or groups obtaining lessons from Hilburn.
PAGE 1 OF 3 PAGES OF AGREEMENT
ATTACHED TO RESOLUTION NO. 8243,
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MICROFILMED 1-18.83
4. Fees. The City agrees to pay Hilburn the following
fees from all gross income from lessons given by him at the City
of •Cape Canaveral Recreation Complex each month, and any other
fee generating activity pertaining to the said tennis instruction:
All Fees: 80% shall be paid to Hilburn. The City shall .
pay to Hilburn 80% of proceeds received from
tournaments, after deducting all costs in-
cluding, but not limited to cost of trophies,
balls, postage, applications, and other such
costs related to said tournaments . •
5 . Tennis Court Provided. The City agrees to provide
Hilburn with tennis courts located at the Cape Canaveral Rec-
reation Complex, to be used by him for the instructions as described
herein. It is agreed by the parties that Hilburn shall have the
prior use of this court for his instruction of tennis. The City
agrees to• provide these coUrts to Hilburn without cost or rental
for the use of said courts.
6. Use of tennis ball machine. The City agrees that Hilburn
may furnish his own tennis ball machine to be rented by users of
the complex at such terms and prices as Hilburn may establish.
The parties agree that the City shall have no responsibility for
the maintenance, up-keep or loss of said machine, and Hilburn agrees
further to hold the City harmless from any liability arising from
or loss to said machine. The parties further agree that the City
may charge the normal court rental fees for any person renting the
machine. it is specifically the intent of the parties that the
City shall have no responsibility of any nature arising from the
use of said tennis ball machine.
7. Independent Contractor Status. The parties hereby agree
that Hilburn is an independent contractor to the City of Cape
Canaveral and shall in no way be considered to be an employee of
the City. The City shall not be required to withhold anytaxes
from the monies provided by Hilburn in that he is an independent
contractor. Hilburn agrees to hold the City harmless from any
workmens ' compensatory type injuries which he may receive while
using the City' s recreation complex pursuant to this agreement,
nor shall he in any way whatsoever represent to any Other person
PAGE 2 OF 3 PACESOFAGREPIEIT
ATTACHED TO RESOLUTION NO. 82-13
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that he is an agent or employee of the City. He shall have no
authority to represent the City in any capacity, nor have any
authority to bind the City in any way whatsoever.
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8. Hold Harmless Clause. Hilburn agrees to indemnify and
will hold the City whole and harmless from any and all manner of
action and actions, cause and causes of action, suits, trespasses,
judgments, executions, claims and demands and losses and damages
costs and expenses of any kind whatsoever including reasonable
[-] attorneys fees and court cost which may be claimed by any third
party to have resulted from or arise out of the intentional or
negligent acts of the employees, officers or agents of the other,
whether occuring before or after City and Hilburn assumed the
obligations of this Agreement. •
9. Scope of. Contract. It is the intent of th&-parties that
this agreement shall constitute the entire agreement and under-
standing of the parties hereto, and that in the event some matter
arises which is not covered by this agreement then the parties
hereto shall renegotiate said matter.
IN WITNESS WHEREOF, the parties hereto have hereunder set
their hands and seals, this. 9 day of March , 1982 .
. . ' CITY OF CAPE CANAVERAL, FLORIDA
BY: 1 1_
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0 . or J.; nsoil L. rphy, Jr.
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PAGE 3 OF 3 PAGES OF AGREE4E1IT
ATTACHED TO RESOLUTION NO. 82-13
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