Fill and Sign the Contract of Employment with Golf Course Superintendent Form

Employment Agreement Employment Agreement made on the ______________________________ (date) , between ____________________________________ (Name of Superintendant) , of ______________________________________________________________________________ _____________ (street address, city, county, state, zip code) , hereinafter called Superintendant , and ____________________________________ (Name of Employer) , a corporation organized and existing under the laws of the state of _______________, with its principal office located at ______________________________________________________________________________ _______________ (street address, city, county, state, zip code) , referred to herein as Employer . Whereas, Employer operates and maintains an 18-hole golf course at ________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , and desires to maintain the golf course and all surrounding grounds and adjacent property in the best possible condition; and Whereas, Superintendent is a qualified greenskeeper and fully acquainted with the proper methods of maintaining a golf course and its surrounding landscape; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Duties of Superintendent A. Superintendent agrees to assume complete responsibility for the year-round maintenance and care of all grounds, trees and other landscaping located on the above-described property owned by Employer , and see to the maintenance of all parking lots and maintenance buildings located on the grounds of Employer . B. Superintendent agrees to keep in good repair all equipment needed to maintain the grounds, and to recommend the purchase of new equipment to the grounds chairman. It is specifically agreed, however, that Superintendent shall not be authorized to purchase any new equipment or machinery directly, but must receive the approval of the grounds committee before acquisition. Superintendent shall also consult the grounds committee before undertaking any substantial monetary repairs (in excess of $ ______________ ) to any existing equipment, unless provision for repairs is included in the approved budget. C. Superintendent shall be directly responsible to the chairman of the grounds committee in regard to all of his activities under this Agreement. Superintendent shall submit to the grounds committee for its consideration and approval on or before _____________________ (date) of each year, a proposed budget for the ensuing year. D. Superintendent shall assume the responsibility for purchases of needed materials as set forth in the approved budget or otherwise approved by the grounds committee for the maintenance of the grounds, but shall have no authority to exceed the approved budgetary figures without the approval of the grounds committee. Superintendent shall supervise and direct all labor under his jurisdiction, and shall hire and discharge, within budgetary restrictions, as he deems to be in the best interest of Employer . In regard to all hiring and discharging of Employee s, Superintendent shall take no action until he has carefully considered, independently or together with the grounds committee, all rules and regulations applicable to Employee s under both state and federal law. E. Superintendent shall have the authority in his discretion to close the golf course as to play by members or guests when, in his considered judgment, it is deemed necessary. Superintendent shall have the authority, in his discretion, to restrict the use of golf carts whenever he deems it necessary in the best interest of the conditioning of the golf course, whether due to weather or other conditions. 2. Compensation A. Employer agrees to pay to Superintendent , as compensation for his services enumerated above, an annual salary of $______________. B. In addition to the salary stated above, Employer agrees to maintain adequate liability and other insurance coverage on the personal motor vehicle of Superintendent during the term of this agreement, and further to furnish all gasoline and oil for the operation of Superintendent 's motor vehicle (that is used for performance of his duties), during the term of this Agreement. C. Employer shall furnish to Superintendent and his family the house owned by Employer and located at the address set forth above. Employer shall pay for all water, utilities and garbage service furnished to the house. Superintendent shall keep the house and its grounds clean and in good repair and maintain it in good condition throughout the term of the Agreement. 3. Termination of Agreement A. Either Employer or Superintendent shall have the right to terminate this agreement, without obligation or liability, by giving _______ (number) days' written notice by certified mail sent to the other party at the addresses set forth above. An address for notice may be changed from time to time by written notice. If this Agreement is terminated by either party, Superintendent shall vacate the aforesaid house on or before ____________________________ (specify time frame) from the date the written notice of termination is sent by certified mail. B. Unless this Agreement is terminated sooner under the provisions of Paragraph A, above, it shall terminate automatically on ____________________________ (date) . Any change in the board of directors of Employer or the personnel of the grounds committee shall have no effect on the validity of this agreement, any of its provisions or the termination date. 4. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 5. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ___________________. 6. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 7 . Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 8. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 9. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 10. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 11. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. __________________________________ (Name of Employer) By: _________________________________ __________________________________ (P rinted or typed name) (P rinted or typed name of Superintendent) ____________________________________ ____________________________________ (Name and Office in Corporation)