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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 —