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HomeMy WebLinkAbout8453RESOLUTION NO. 8453 A RESOLUTION APPROVING AN EXTENSION AGREEMENT EXTENDING FOR TWO YEARS AND TWO MONTHS THE CONTRACT FOR THE OPERATION OF THE CITY PARK GOLF COURSE RESTAURANT AND LOUNGE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Extension Agreement dated July 13, 1998 between Pueblo, a municipal corporation and Edward J. Jacketta extending for a period of two years and two months the term of the Contract for the operation of the City Park Golf Course Restaurant and Lounge, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Extension Agreement in the name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto. SECTION 2 This resolution shall become effective upon final passage. ATTEST: Y � F City Clerk INTRODUCED: J uly 13 1 1998 By John Verna Councilperson APPROVED: President of #ie City Council Council Agenda Cl Tjt1eA RESOLUTION APPROVING AN EXTENSION AGREEMENT Agenda Item ! EXTENDING FOR TWO YEARS AND TWO MONTHS THE CONTRACT FOR THE OPERATION OF THE CITY PARK GOLF COURSE RESTAURANT AND LOUNGE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL . TO EXECUTE SAME Depsttttlent S Parks & Recreation Date July 13, 1998 ISSUE: Should the City Council approve a resolution extending the contract for the operation of the City Park Golf Course Restaurant and Lounge. for a period of two years and two months. BACKGROUND: Mr. Edward J. Jacketta, who operates'and manages the City Park Golf Course Restaurant and Lounge through a concession agreement with the City, has requested that his agreement be extended for two years and two months. The five year agreement will expire on October 31, 1998. This requested extension would enable the contract to be valid to December 31, 2000. The management agreement for City Park Golf Course, between the City and Woodside, Inc., expires on December 31, 2000. The extension of Mr. Jacketta's restaurant agreement would allow both contracts to expire at the same time providing the City the opportunity to competitively bid the entire facility (golf course, pro shop, restaurant and lounge) for future operation under one contract and operator. Currently, 'the Walking Stick Golf Course facility (golf course, pro shop, restaurant and lounge) is under one management agreement through Zaremba Enterprises, Inc. and has proven to be effective and reliable in providing the related services to the community. The correspondence from Mr. Jacketta requesting the contract extension is attached. FINANCIAL IMPACT: none. RECOMMENDATION: Approval of the resolution. EXTENSION AGREEMENT THIS EXTENSION AGREEMENT entered into as of July 13, 1998 between Pueblo, a municipal corporation (the "City ") and Edward J. Jacketta (the "Operator "), WITNESSETH: WHEREAS, Operator manages and operates the City Park Golf Course Restaurant and Lounge under Contract dated June 4, 1981, and WHEREAS, Operator desires to extend the term of the Contract for an additional two years and two months, and NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Operator agree as follows: 1. The term of the Contract dated June 4, 1981 between City and Operator's assignees for the operation and management of the City Park Golf Course Restaurant and Lounge as amended by Agreement dated November 12, 1984 between City and Oscar Harfert (collectively the "Contract ") is hereby extended for an additional period of two (2) years and two (2) months from October 31, 1998 to December 31, 2000 upon the same provisions, covenants and conditions. 2. Operator agrees to timely make all payments and be bound by and faithfully perform all the provisions, covenants and conditions on the part of the Operator to be performed and observed under the Contract and this Extension Agreement during the two year and two months extended period. 3. ' Operator and the City's Director of Parks and Recreation shall on or before September 30, 1998 inventory and list all City's furnishings, equipment and fixtures used by Operator in the operation of the City Park Golf Course Restaurant and Lounge, including without limitation, all furniture, equipment and fixtures furnished and supplied pursuant to the November 12, 1984 Agreement, and all replacement furnishings, equipment and fixtures, and file a signed copy of such list with the City Clerk. 4. Upon the expiration of the extended period, or upon any other termination of the Contract, all permits and licenses issued in connection with, or the operation of the Golf Course Restaurant and Lounge, including without limitation, any and all liquor licenses issued for the Golf Course Restaurant and Lounge premises, shall be surrendered by Operator, or at the option of the City, be transferred by Operator, without consideration, to any successor Operator designated by the City. For purposes of any such transfer, Operator appoints the City's Director of Parks and Recreation as his true and lawful attorney in fact with full power and authority to execute and deliver all documents and perform all acts in the name of Operator necessary or required to effect and complete any such transfer. 5. All the terms, provisions, covenants and conditions of the Contract and as same are amended by this Extension Agreement shall remain in full force and effect binding upon and inuring to the benefit of the parties hereto and their respective heirs, personal representatives, successors and approved assigns. Executed at Pueblo, Colorado the day and year first above written. [SEAL] Attest: City Cler PUEBLO, A MUNICIPAL CORPORATION B Y 6. President oft e City Edward . F. Jacketta -2- V May 4,19YZS Attn: Rich Zaek Robert Gillian REGEIVEL 44AY 0 4 1998 piltks & Kecreauut, Department I have managed operations at City Park Restaurant and Lounge for the past five years. In that period of time I have increased revenues every year. From 1996 to 1997 total revenues increased by $30,000, of which 12% were increased food sales. Not only are we proudly serving the local golfers, but also the out -of -town players. In addition, our lunch menu is utilized and appreciated by surrounding business people. I have opened the restaurant every day except Christmas for the last five years. I have served the golfing community with hard work and long hours. There have not been problems of any type requiring police involvement. Previous drug problems are nonexistent in the restaurant area of the building. I write this letter to the members of City Council to request that you extend my contract with the City of Pueblo for another two years during your 1998 session. ,