HomeMy WebLinkAbout10234RESOLUTION NO. 10234
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE RESTAURANT LEASE AND OPERATING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SCIUMBATO
ENTERPRISES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo, a Municipal Corporation, and Sciumbato Enterprises
entered into Restaurant Lease and Operating Agreement on December 21, 2002 relating to
restaurant operations at the Pueblo Memorial Airport; and
WHEREAS, both parties wish to amend the provisions of the Restaurant Lease and
Operating Agreement as set forth in Amendment No. 1; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Amendment No. 1 to the Restaurant Lease and Operating Agreement, a copy of
which is attached hereto and made a part hereof by reference, after having been approved as to
form by the City Attorney, by and between the City of Pueblo, a Municipal Corporation, and
Sciumbato Enterprises relating restaurant operations at the Pueblo Memorial Airport, is hereby
approved, subject to the conditions as set forth in said Amendment No. 1.
SECTION 2_
The President of City Council is hereby authorized to execute said Amendment No. 1 on
behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the
City thereto and attest the same.
INTRODUCED September 27, 2004
BY Michael Occhiato
Councilperson
3E so I
1 ED
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 9
DATE: September 27, 2004
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AIRPORT
RESTAURANT LEASE AND OPERATING AGREEMENT BETWEEN THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, AND SCIUMBATO ENTERPRISES
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Amendment to the Restaurant Lease and Operating
Agreement between the City of Pueblo and Sciumbato Enterprises.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
City Council approved a Restaurant Lease and Operating Agreement between the City
and Sciumbato Enterprises on December 21, 2002 for restaurant operations at the Pueblo
Memorial Airport. In order for Sciumbato Enterprises to continue to operate the
restaurant at the airport, they have requested for a period of one year: (1) A decrease in
monthly rent; and (2) The City maintain the City owned restaurant equipment. They
have indicated they will be unable to continue to operate the restaurant if these
concessions are not granted.
FINANCIAL IMPACT
Decrease of monthly rental rate from 7 per cent of the monthly gross revenue to 3.5 per
cent of the monthly gross revenue. This will mean a decrease of approximately $350 per
month. It is estimated it will cost the City approximately $150 per month to maintain
equipment.
RESTAURANT LEASE AND OPERATING AGREEMENT
AMENDMENT NO. 1
THIS AMENDMENT entered into as of this 27th day of September 2004 between the
City of Pueblo, a Municipal Corporation (the "City ") and Sciumbato Enterprises (the "Lessee "),
WITNESSETH:
WHEREAS, a Restaurant Lease and Operating Agreement between the City and the
Lessee was entered into on December 21, 2002; and
WHEREAS, both the City and the Lessee desire to amend the Restaurant Lease and
Operating Agreement for a period of one year,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and the Lessee agree as follows:
Section VI, Paragraph A of the Restaurant Lease and Operating Agreement is
amended to read as follows:
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 3.5 per cent of monthly gross
revenue or $225.00, whichever is greater, up to $1,500.00 a month.
2. Section IV, Paragraph E of the Restaurant Lease and Operating Agreement is
amended to read as follows:
Lessee shall, at its sole expense, maintain and keep the Leased Premises, and all
improvements thereon, including the exterior grease trap, in good condition,
appearance, and state of repair and provide all interior building maintenance and
custodial service for the Leased Premises. It being expressly understood and
agreed that Lessor shall not be responsible for any defect in the Leased Premises
or improvements thereon or obligated to make any repairs, except repairs to the
exterior of the property, heating and air conditioning equipment, sewer and water
lines and connections, and repairs to the City owned kitchen equipment listed on
the attached Exhibit A, provided that, Lessor shall not be responsible for repairs
caused by the negligent acts or omissions of Lessee, its employees and agents.
3. This Amendment No. 1 shall be in effect from September 27, 2004 to October 21,
2005. The Restaurant Lease and Operating Agreement as modified and amended by
this Amendment No. 1 shall remain in full force and effect.
Executed the day and year there above written.
ATTEST:
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By
City C1 Randy Thu n, President of City Council
APPROVED AS TO FORM:
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City Atto
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EXHIBIT A
CITY MAINTAINED
RESTAURANT INVENTORY
APPLIANCES
QUANTITY
MAKE
MODEL #
SERIAL #
COMMENTS
Cooler /Freezer — 2 door walk -in
1
US Cooler
4305
Dryer -- clothes
1
Maytag
LZE4000ACL
A3204209
Freezer — 2 door
1
True
T -49F
1- 2527935
Griddle — Gas with stand
I
Wolf
Ice Machine with ice bin and scoop
I
ice- O -Matic
C41100367Z
Mixer
I
Hobart
A -200 -T
1790693
Washer — clothes
1
Kenmore
110
CF2607226
Broiler with stand — 36" gas
I
Imperial
Cooler — 2 door
1
True
T -49
1- 670768
Deep Fryer
2
FryMaster
FryMaster
MJ145ESD
GF14SP
9708GA0059
951OFMO609
To be replaced
Oven — Double stack convection
I
Garland
TTE4
109532
Salad Serving Station with Refrid erator
1
Randell
9801
AJ04322 -1
Meat Slicer
I
Unnex
7510
Freezer
1
Delfield
407
325235 -T
Food Disposer
1
Insinkerator
S875 -27
MJ266173
Chef Table
1
Randall
Refrigerant and Steamer
Compartments and heat lamps
onl