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HomeMy WebLinkAbout09025RESOLUTION NO. 9025 A RESOLUTION APPROVING AN EXTENSION AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND EDWARD J. JACKETTA RELATING TO THE CITY PARK GOLF COURSE RESTAURANT AND LOUNGE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Extension Agreement dated as of May 22, 2000 between Pueblo, a municipal corporation and Edward J. Jacketta relating to 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. SECTION 2. The President of the City Council is authorized to execute the Extension Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. Introduced May 22, 2000 ATTEST: ;l V Q City (1-4/- rk BY Rich Golenda Councilperson A Iq)VED: President of the City Council EXTENSION AGREEMENT THIS EXTENSION AGREEMENT entered into as of May 22, 2000 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 from December 31, 2000 to June 12, 2001. 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 assignors 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 and extended by Extension Agreement dated July 13, 1998 (collectively the "Contract ") is hereby extended for an additional period from December 31, 2000 to June 12, 2001 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 kept, performed and observed under the Contract as extended. 3. 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. 4. Notwithstanding any provision of the Contract or this Extension Agreement to the contrary, City, in addition to any right to terminate as provided in the Contract, may terminate the contract at any time, with or without cause, and without liability or penalty, upon sixty (60) days prior written notice given to Operator specifying the date of termination, provided that the date of termination shall not be earlier than December 31, 2000. 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. [ S E A L] PUEB ; MUNICIP L CORPORATION Attest: Lc� By �f ' �� l City Cfl# President of the City Council Approved as to form: OPFWTOR J S _.._ Edward J. J keca�tta -2-