HomeMy WebLinkAbout10871RESOLUTION NO. 10871
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE PUEBLO MEMORIAL AIRPORT
RESTAURANT LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND SPITFIRE GRILL, LLC, A COLORADO LIMITED LIABILITY
COMPANY, RELATING TO THE RESTAURANT OPERATION AT PUEBLO MEMORIAL
AIRPORT TO MAX HOWELLS
WHEREAS, Spitfire Grill, LLC entered into a Restaurant Lease and Operating Agreement
with the City of Pueblo relating to the restaurant operation at Pueblo Memorial Airport on July, 11,
2005; and
WHEREAS, Spitfire Grill, LLC desires to assign the Restaurant Lease and Operating
Agreement to Max Howells; and
WHEREAS, any such assignment of the Restaurant Lease Operating Agreement requires
the consent of the City of Pueblo; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
The City of Pueblo does hereby consent to the assignment of the July 11, 2005 Pueblo
Memorial Airport Restaurant Lease and Operating Agreement ( "Lease ") by Spitfire Grill, LLC to
Max Howells as described in, and contemplated by the Assignment, a copy of which is attached
hereto, subject to and contingent upon Max Howells assuming and performing all of the obligations
imposed on the Lessee under Lease through the remaining term of the Lease.
INTRODUCED November 27, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of Cit Council
ATTESTED BY:
CITY CLERK
L ' 0 /087/
0
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # / 0
DATE: November 27, 2006
DEPARTMENT: AVIATION - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE PUEBLO
MEMORIAL AIRPORT RESTAURANT LEASE AND OPERATING AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
SPITFIRE GRILL, LLC, A COLORADO LIIMITED LIABILITY COMPANY,
RELATING TO THE RESTAURANT OPERATION AT PUEBLO MEMORIAL
AIRPORT TO MAX HOWELLS
ISSUE
Should City Council consent to the assignment of the Restaurant Lease and Operating
Agreement between the City of Pueblo and Spitfire Grill, LLC to Max Howells.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Spitfire Grill, LLC entered into a Restaurant Lease and Operating Agreement with the
City on July 11, 2005. The lease was for a term of 5 years with an option to renew the
lease for an additional term of 5 years. Spitfire Grill, LLC would like to assign their
lease to Max Howells.
FINANCIAL IMPACT
None.
THIS ASSIGNMENT is made by Spitfire Grill, L.L.C., Assignor, to the following
Assignee:
Max Howells
350 West Golden Eagle Way
Pueblo West, CO 81007
WHEREAS, the Pueblo Memorial Airport Restaurant Lease and Operating Agreement
( "Lease ") between Assignor and the City of Pueblo, a Municipal Corporation, was made and
executed on the 11 day of July, 2005 and is currently in force and effect; and
WHEREAS, Assignor is transferring all of it's ownership interest in Spitfire Grill, L.L.C.
to Max Howells;
NOW THEREFORE, Assignor does hereby assign to Assignee all of it's right, title, and
interest in the Lease, subject to receiving written approval of said assignment from the City of
Pueblo.
In witness, Assignor has executed this assignment at Pueblo, Colorado, on this 17th
day of November ,2006.
Spitfire Grill, L.L.C.
ACCEPTANCE
Assignee accepts such assignment and hereby assumes and agrees to make all payments
and perform all covenants and agreements contained in the Lease on the part of the Lessees
thereunder to be made and performed.
Dated November 17, ,2006
1AU yk Id o FLL S
Max I. Howells, Individually
Spitfire Grill, L.L.C.
By
Name Max I
Title Manager/Member
Christina M. Baski, Manager /Member
CONSENT
The City of Pueblo hereby consents to the above Assignment of the Lease on the express
condition that no further assignment of the Lease shall be made without further written consent
first had.
Dated this 27th day of November 2006.
PUEBLO, A MUNICIPAL CORPORATION
By Zt Z
Michael A. Occhiato
President of City Council
ATTEST:
. c�-
City erk
APPROVED AS TO FORM:
City Attorney —