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.
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AAayor Evelyn M. Lord -
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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.
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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
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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
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