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HomeMy WebLinkAboutRES 04-224 RESOLUTION NO. 04-224 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement to terminate the Operation and Maintenance Agreement for Henry Homberg Golf Course. The agreement is attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of September, 2004. of 8 1� AAayor Evelyn M. Lord - � �� a TERMINATION AGREEMENT WHEREAS, on the 19`h day of July, 2000, Thomas A. Hebert (herein "Hebert") executed an "Operation and Maintenance Agreement" (herein the "Agreement") with the City of Beaumont (herein "City") wherein the City leased its Henry Homberg Golf Course (herein the "Course") to Hebert for a term of ten (10) years; and, WHEREAS, that agreement included terms of such that Hebert could obtain an SBA guaranteed loan from Hibernia National Bank (herein "Hibernia") for improvements to the Course. Hibernia was a signatory to the Agreement; and, WHEREAS, the parties wish to mutually agree to terminate the Agreement and provide for a transfer of obligations under the Agreement to the City has set out herein. NOW THEREFORE, the parties agree as follows: WITNESSETH: 1. Agreement shall terminate on at o'clock m at which time Hebert shall become a City employee under the following terms: a) Hebert's beginning salary shall be that established in the City's compensation plan as a "G-1" at $45,000 per year. b) Hebert's employment shall be under the same terms and conditions and with all benefits as applicable to civilian employees of the City. c) Hebert shall receive a car allowance of$3,000 per year payable monthly so long as vehicular transportation is a requirement of his job. GAMAGREEMEMHOMBERG GOLF COURSE-8-24-04.wpd EXHIBIT "A" d) Hebert will be employed in the Central Services Department as an "at- will" employee as are all other City employees, and shall report to the City Manager or his designee. e) This Agreement does not constitute a contract of employment for a fixed period of time. 2. City will assume Hebert's obligations to Hibernia for repayment of the SBA guaranteed loan contemplated by the Agreement effective on the date of this Agreement. 3. Hebert will sell to City and City will purchase from Hebert all operating equipment that it deems useful to the operation of the golf course as set out in Exhibit "A" attached to this Agreement and made a part hereof for all purposes. Hebert will sell to City and City will purchase from Hebert all supplies on hand on the date of the termination of this Agreement at the original purchase price. Hebert represents that the equipment and supplies are not encumbered by any lien or any debt. 4. Any equipment not purchased by the City must be removed from the course within ten (10) days of the execution of this Agreement at Hebert's expense. 5. Execution of this Agreement by Hebert shall not affect his obligation to pay ad valorem taxes due and any other debts arising from the operation of the course, specifically including, but not limited to, payments due to Hibernia through the date of termination of this Agreement. 6. Prepaid memberships shall be prorated and deducted from any amounts owed by City for the purchase of equipment and supplies. Additionally, any G:%CGWGREEMEN%HOMBERG GOLF COURSE-8-24-04.wpd l taxes or other obligations owed to a third party associated with the operation of the course prior to the date of this Agreement remain an obligation of Hebert. Such obligations may also be deducted from amounts owed by the City for the purchase of equipment. IN WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE DAY OF , 2004. CITY OF BEAUMONT KYLE HAYES, CITY MANAGER THOMAS A. HEBERT ACCEPTED: HIBERNIA NATIONAL BANK GAMAGREEMENIHOMBERG GOLF COURSE-8-24-04.wpd i __ l