Loading...
HomeMy WebLinkAbout3.0 Employment Contract• • EMPLOYMENT CONTRACT THIS AGREEMENT made and entered into as of this 30th day of October, 1977, by and between WESTBANK RANCH NO. 1, a Colorado Limited Partnership, whose address is P. O. Box 987, Glenwood Springs, Colorado, hereinafter referred to as Owner, and DAN SOMMERS, whose address is 3011 Market Way, Grand Junction, Colorado, hereinafter referred to as Employee, WITNESSETH: The parties, in consideration of the covenants and agreements as hereinafter contained, covenant and agree as follows: 1. Owner does hereby employ employee as golf professional, golf course supervisor, and golf club manager at the golf course operated by Owner located South of Glenwood Springs, Colorado, for the period commencing April 1, 1978, through November 1, 1978, and for the same period for each calendar year thereafter through 1982, at a total salary for all of such years of $21,000.00 payable on the 1st days of May, June, July, August, September, October and November of each such year in installments of $600.00 each. 2. Employee agrees to become employed by Owner in the foregoing capacity at and for the consideration above stated and such other consideration as is set forth hereinafter. 3. Employee shall be under the supervision of and be directly responsible to the Board of Directors of Westbank Development Co., Inc., the general partner of Owner. 4. The general functions and responsibilities of Employee shall be as follows: (a) Conduct and supervise all golf lessons and instructions. (b) Maintain a pro shop and make available for sale to to members and guests golf equipment and clothing. (c) Operate and coordinate club storage for members of Owner. (d) Arrange and coordinate golf tournaments and activities. Employee shall generate as much revenue as possible from these tournaments in the interest of the Owner. Exhibit L • • (e) Supervise and coopdinate, all repairs, maintenance, and upkeep of golf course and other athletic facilities located at Westbank Ranch. Hire and fire as necessary all employees of golf course. Purchase all supplies, equipment and utilities as necessary to fulfill his responsibilities hereunder. All expenses incurred by Employee in fulfilling his responspbilities under this paragraph 4. (e) shall be the responsibility of Owner. (f) Operate and maintain bar and restaurant including paying all bar and restaurant costs, salaries, license fees, and related charges. As a convenience, the liquor license will be under a name other than Employee's. Employee agrees that he will protect the priviledge of this license in accordance with the liquor laws of the County of Garfield and the State of Colorado. 5. In performing the duties required of him in connection with the employment referred to in the foregoing paragraph, Employee shall be required to operate the following concessions on the premises of Owner and the division of the proceeds there- from shall be as follows: (a) Sale of golf merchandise. Total income to Employee. (b) Golf instruction. Total income to Employee. (c) Golf club cleaning, renting, repairs and storage. Total income to Employee. (d) Golf carts. Employee shall purchase and maintain all golf carts. Total income to the parties as follows: i. Mechanized 90o to Employee; 10% to Owner. ii. Pull - Total income to Employee. Any annual mechanized golf cart income - 50% to Employee; 50o to Owner. (e) Bar and restaurant - Total income to Employee. (f) Golf tournaments - Income to be divided between Owner and Employee according to formula to be agreed upon prior to each tournament. (g) Golf Course - Total income, including greens fees and fees from other athletic facilities, to Owner. The losses, if any, from such concessions shall be borne by the respective parties in the same ratio as profits are distributed. 6. In the operation of the concessions enumerated in paragraph 5., Employee shall be responsible for providing adequate personnel and equipment to properly carry out the operation and functions of each such concession, at Employee's sole expense. He shall also purchase and pay for all materials and merchandise used or sold in the operation of such concessions in his own name and on his own responsibility. This paragraph 6. shall not apply to the operation, upkeep, maintenance and repair of the golf course, which shall be as set forth in paragraph 4. (e). • • 7. In the operation of the concessions aforesaid, Employee shall be deemed an independent contractor. He shall keep adequate books and records, make all tax returns, and pay all taxes, including income and social security taxes and unemployment compensation, required in connection therewith in his own name. Such books and records shall be his own private property. 8. Owner shall provide all necessary fire, casualty and liability insurance for entire golf course operation with the exception of golf carts. Liability insurance for golf carts shall be provided by Employee, naming Owner as additional insured. Such liability insurance coverage shall be in the amount of at least $500,000.00. Employee shall also provide casualty insurance on merchandise sold through the pro shop, and such insurance as Employee deems advisable for golf club storage. 9. Employee shall collect and remit to Owner on a weekly basis all green fees and Owner's share of cart rentals collected by Employee. He shall keep separate books and records of all said fees and rentals, which shall be subject to Owner's inspection on Owner's request, and make such reports concerning the same to Owner as shall from time to time be required by Owner. 10. Owner shall furnish Employee with adequate quarters on the premises of Owner for the performance of the duties and functions enumerated in this Agreement. 11. Employee understands and agrees that budget of Owner for complete operation and maintenance of golf course is limited. In this respect there is a $40,000.00 budget for the year 1978. Employee will cooperate in every respect to generate sufficient revenue to fund this budget and budgets for ensuing years, or possibly reduce such budget. It is also agreed that the golf course needs improvements to generate additional revenues. Employee will exercise his best efforts to generate these revenues and make these improvements. 12. The concessions operated by Employee shall be open seven days per week during golfing hours and the personal presence of the Employee in the operation thereof shall be required six • • days per week, provided, however, that Employee shall be granted the right to participate in four golfing tournaments per year, the dates of such tournaments to be determined by Employee. Employee shall also, in the company of members of Owner, participate in such Pro -Am tournaments as are required by the Colorado Section of the Professional Golfers Association to qualify the golf course facilities of Owner for PGA/CGA sanctioned Pro -Am events and tournament events. In all such events, Employee shall be the representative of Owner. 13. The within agreement 14. The within indenture is not assignable by Employee. shall extend to and be binding upon the successors and assigns of Owner, but is personal to Employee and shall not be binding upon or inure to the benefit of his heirs, devisees or personal representatives. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. OWNER: WESTBANK RANCH NO. 1 By: WESTBANK DEVELOPMENT CO., INC. General Partner By EMPLOYEE: / DAN SOMMERS AI DMENT TO EMPLOYMENT CON,T THIS AMENDMENT is made and entered into on this 13th day of March, 1978 between WESTBANK RANCH NO. 1, LTD., a Colorado Limited • Partnership, whose address is P. O. Box 987, Glenwood Springs, Colorado, hereinafter referred to as "Owner", and DAN SOM✓MERS, whose address is 3011 Market Way, Grand Junction, Colorado, hereinafter referred to as "Employee". WHEREAS, the undersigned are the parties to that certain EMPLOYMENT CONTRACT entered into as of October 30, 1977 governing the employment of Employee by Owner as golf professional, golf course supervisor, and golf club manager at Westbank Golf Course located South of Glenwood Springs, Colorado; and • WHEREAS, the parties desire to amend certain provisions and terms of said EMPLOYMENT CONTRACT; such parties have agreed to the wording of such amendments; and such parties do desire to now memorialize their understandings with respect to such amendments. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and in said EMPLOYMENT CONTRACT contained, to be kept and performed by the undersigned, Owner and Employee do hereby covenant and agree as follows: 1. Paragraph 4.(f) on page 2 of said EMPLOYMENT CONTRACT is hereby amended to read as follows: Operate and maintain bar and restaurant including paying all bar and restaurant costs, salaries, license fees, and related charges. The liquor license shall be under Employee's name. Employee agrees that he will protect the privilege of this license in accordance with the liquor laws of the County of Garfield and State of Colorado, and will timely and periodically apply for such license and all necessary renewals, at Employee's expense. 2. Except with respect to said paragraph 4.(f), all other terms, provisions, and agreements contained in said EMPLOYMENT CONTRACT shall be and remain in full force and effect, and are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WESTBANK RANCH NO. 1, LTD. By: Westbank Development Co., Inc. —general managing partner Presideyt r`/ i Dan Sommers OWNER EMPLOYEE Exhibit L