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HomeMy WebLinkAbout8599RESOLUTION NO. 8599 A RESOLUTION APPROVING AN AMENDMENT TO LEASE AND OPERATING AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND MARTINA A. ALGIN RELATING TO THE RESTAURANT LOCATED IN THE TERMINAL BUILDING AT PUEBLO MEMORIAL AIRPORT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT: Section 1 The Amendment to Lease and Operating Agreement between Pueblo, A Municipal Corporation, and Martina A. Algin relating to the Restaurant located in the Terminal Building at Pueblo Memorial Airport, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. Section 2 The President of the City Council is hereby authorized to execute and deliver the Agreement in the name of the City and the City Clerk is directed and authorized to affix the Seal of the City thereto and attest the same. A EST: City erk INTRODUCED December 28 , 1998 BY: Al Gurule Councilperson APP VED: _ President oft Cou cil 0 ;: -� /Z- 2Y- V COUNCIL BACKGROUND PAPER RESOLUTION: A RESOLUTION APPROVING AN AMENDMENT TO RESTAURANT LEASE & OPERATING AGREEMENT DEPARTMENT: Aviation I. ISSUE Should City Council approve an Amendment to the Airport Restaurant Lease and Operating Agreement. II. RECOMMENDATION Approval of this Resolution III. BACKGROUND On September 23, 1996 City Council entered into a Restaurant Lease and Operating Agreement with Martina A. Algin to operate the Restaurant at the Pueblo Memorial Airport. On April 13, 1998 City Council amended the lease to forgo the monthly lease payment (7.5 % of the gross revenues or $1,000 whichever is greater) for 1998 because of the significant impact that the new "chain" restaurants had on the business. Ms. Algin is proposing that the lease be modified to reduce the monthly lease payment to 2% of gross revenues or $225.00 per month whichever is greater. She will continue to pay all the utilities and insurance expenses. The Restaurant is a vital asset to the Airport Industrial Park, especially during the lunch hour, continues to generate sales tax, and provides employment opportunities. AMENDMENT TO LEASE AND OPEATING AGREEMENT THIS AMENDMENT entered into as of December 28, 1998 between Pueblo, a Municipal Corporation (the "Lessor "), and Martina A. Algin (the "Lessee "), WITNESSETH: WHEREAS, Lessor and Lessee entered into the Pueblo Memorial Airport Lease and Operating Agreement (the "Agreement ") dated September 23, 1998 relating to the operation of the Restaurant in the Terminal Building at Pueblo Memorial Airport, and WHEREAS, Lessor and Lessee are desirous of modifying the provisions of the Agreement, NOW, THEREFORE, in consideration of the mutual covenants herein, Lessor and Lessee agree as follows: Section V. A. of the Agreement is amended to read as follows: a. Lessee agrees to pay to the Lessor, without offset or deduction, at such places as the Lessor may designate from time to time, for the use of the premises, facilities, concession rights and privileges, a monthly rent of 2% of monthly gross revenue or $225.00 whichever is greater. 2. The Agreement as modified and amended by the Amendment to Lease and Operating Agreement shall remain in full force and effect. Signed in Pueblo, Colorado the day and year first above written. [SEAL] ATTEST. PUEBLO A MUNICIPAL CORPORATION PA- e,_ Lzmlsj�_ By :aZ City rk President f City Council APPROVED AS TO FORM: LESSEE By i City Attorney Martina A. Algin DEC -21 -98 MON 10:12 AM PUEBLO MEMORIAL AIRPORT FAX NO. 1 719 948 4878 P. 02 Airport Reghtel"Alit, Pueblo Pueblo Memorial Airpoet 31201 Bryan (circle --„ 1 Pueblo, Colorado 91001 December 15, 1998 Mr. Lewis Quigley City Manager #1 City Hall Place PO Box 1427 Pueblo, CO 81002 re; Airport Restaurant Lease Dear Mr, Quigley, 11iis letter is to request a revision to the lease between the City of Pueblo and Martina A. Algin d.b.a. Airport Restaurant. Tn March of 1997 the City of Pueblo agreed to forego rents for 1997 and 1998. Although busi- ness still has not met expectations due to tremendous competition from the 1-25 corridor, T feel the City is entitled to rent monies, 1 would like to offer 2% of gross or $ 225,00 per month, whichever is greater, as a revision to the remainder of the lease. September, 2001, the lease will be renegotiated for an additional 5 year option with much higher expectations. I believe that Pueblo's Airport will become busier as our population increases and I am com- mitted to being here as that occurs. Although the City of Pueblo is not receiving the full sum as originally agreed, I am continuing to pay all utilities and insurance. I am providing employ - ment and sales tax revenues, and fulfilling the needs of our rapidly developing industrial parr community to the best of my abilities. 'Thank you for your consideration. Sincerely, 4 Martina A. Algin 1'lonc, (719) 948 - 4195 Fax, (719) 948 - 3815