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HomeMy WebLinkAbout10620RESOLUTION NO. 10620 A RESOLUTION CONSENTING TO THE TRANSFER OF THE OPERATION AND MANAGEMENT OF THE PRO -SHOP AT THE ELMWOOD GOLF COURSE FROM ZAREMBA ENTERPRISES, INC. TO RANDAL L. BREGAR WHEREAS, Zaremba Enterprises, Inc. ( "Zaremba") and the City of Pueblo ( "City ") entered into a Management Agreement dated June 12, 2000 for the operation and management of the Elmwood Golf Course formerly known as City Park Golf Course ( "Management Agreement'), and WHEREAS, Zaremba desires to transfer the operation and management of the pro shop under the Management Agreement ( "Pro- Shop ") to Randal L. Bregar, 41 Tierra Casa Drive, Pueblo, Colorado, 81005 ( "Bregar"), and WHEREAS, Bregar is the golf professional possessing a P.G.A. Class "A" certificate engaged by Zaremba to provide professional golf services at Elmwood Golf Course, and WHEREAS, Bregar is willing to accept the operation and management of the Pro -Shop at Elmwood Golf Course. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1 The City of Pueblo hereby consents to the transfer of the operation and manage -ment of the Pro -Shop from Zaremba to Bregar subject to and conditioned upon the following: (a) Bregar shall operate and manage the Pro -Shop in compliance with the covenants and requirements of the Management Agreement. (b) Bregar's operation and management of the pro -Shop shall terminate upon the earlier of (i) termination of the Management Agreement, or (b) termination of Bregar's employment by Zaremba. (c) Zaremba shall not be release or discharged from any of the covenants or obligations on the part of Zaremba to be performed or complied with under the Management Agreement. (d) Zaremba and Bregar shall approve and consent in writing to the foregoing conditions. SECTION 2 This Resolution shall become effective February 1, 2006. BY Randy Thurston Councilperson APPROVED: — , President of City Council ATTESTED BY: CITY CLERK INTRODUCED January 23, 2006 WMWER) E ISO � L 1 Background Paper for Proposed RESOLUTION DATE: January 23, 2006 AGENDA # DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER TITLE A RESOLUTION CONSENTING TO THE TRANSFER OF THE OPERATION AND MANAGEMENT OF THE PRO -SHOP AT THE ELMWOOD GOLF COURSE FROM ZAREMBA ENTERPRISES, INC. TO RANDAL L. BREGAR ISSUE Mike Zarmmba has contacted the City Administration regarding the transfer of operation and management of the Pro -Shop at Elmwood Golf course from his purview to Mr. Randy Bregar. Mr. Bregar will operate and manage the Pro -Shop under the same requirements and compliance measures that is required under the Management Agreement Zarmeba Enterprises, Inc. has with the City in operating the Elmwood Golf course. Mr. Bregar is a golf professional that possesses a P.G.A. Class "A" certificate, which is required when providing golf services at Elmwood. This agreement becomes effective February 1, 2006. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT None. APPROVAL AND CONSENT Zaremba Enterprises, Inc. and Randal L. Bregar have read and understand the conditions set forth in Section 1 of the attached Resolution, approve and consent thereto, and agree to be bound thereby. Executed at Pueblo, Colorado as of February 1, 2006. ZAREMBA EN ERPRISES, INC. �.. President Randal L. Bregar