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RESOLUTION NO. 13513
A RESOLUTION APPROVING AN ASSIGNMENT AND
RESTAURANT LEASE AND OPERATING AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION
AND PAR’S NATURAL FOODS LLC AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the City of Pueblo entered into a Lease and Operating Agreement for Pueblo
Memorial Airport Restaurant with Aviator Service Group on October 26, 2015; and
WHEREAS, Aviation Service Group wishes to assign the Agreement to Par’s Natural
Foods LLC and the City wishes to accept the assignment and enter into an amended agreement
with Par’s Natural Foods, LLC; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
A certain Lease and Operating Agreement for Pueblo Memorial Airport Restaurant, 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
Par’s Natural Food LLC relating to the lease of space in the terminal building at the Pueblo
Memorial Airport for a restaurant operation is hereby approved, subject to the conditions as set
forth in said Lease and Operating Agreement for Pueblo Memorial Airport Restaurant.
SECTION 2.
The President of City Council is hereby authorized to execute said Lease and Operating
Agreement for Pueblo Memorial Airport Restaurant on behalf of Pueblo, A Municipal Corporation,
and the City Clerk shall affix the Seal of the City thereto and attest the same:
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution and the attached agreement to effectuate the
transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED: September 12, 2016
BY: Robert Schilling
City Clerk’s Office Item # M-5
Background Paper for Proposed
RESOLUTION
COUNCIL MEETING DATE:
September 12, 2016
TO: Council President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: John Vigil, Assistant City Manager
SUBJECT: A RESOLUTION APPROVING AN ASSIGNMENT AND RESTAURANT
LEASE AND OPERATING AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION AND PAR’S NATURAL FOODS
LLC AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
SUMMARY:
Attached for consideration is the new lease agreement titled “Lease and Operating
Agreement for Pueblo Memorial Airport Restaurant” by and between the City of Pueblo,
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a Municipal Corporation, and Par’s Natural Foods LLC. dated this 12 day of September,
2016. The agreement sets out the terms for the use of restaurant facilities at the Pueblo
Memorial Airport in exchange for stated rent and certain improvements to the facilities
and equipment. This agreement also assigns all rights and responsibilities from the City’s
previous agreement with Aviator Service Group to the new lessee Par’s Natural Foods
LLC.
PREVIOUS COUNCIL ACTION:
A “Lease and Operating Agreement for Pueblo Memorial Airport Restaurant” (“Prior
Agreement”) by and between the City of Pueblo, a Municipal Corporation, and Aviator
Service Group was approved by the City Council and entered into on October 26, 2015.
BACKGROUND:
Aviator Service Group wishes to assign the Prior Agreement to Par’s Natural Foods LLC,
and the City of Pueblo wishes to accept the assignment and enter into an amended
agreement with Par’s Natural Foods LLC. The execution of the attached agreement will
terminate the Prior Agreement and transfer all rights and liabilities thereunder to Par’s
Natural Foods LLC, making it solely responsible for complying with all terms and
responsibilities.
FINANCIAL IMPLICATIONS:
The lease term is for 5 years commencing September 1, 2016 with an option to extend
the lease for an additional 5 years. The rent will be calculated at 4% commission of gross
sales.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable.
STAKEHOLDER PROCESS:
Not Applicable.
ALTERNATIVES:
City Council could choose not to authorize the attached agreement, in which case the
available restaurant space will not be used and the City will pay upkeep costs associated
with the space while not earning potential revenue.
RECOMMENDATION:
The Department of Aviation recommends approval of this resolution.
Attachments:
Attached is an assignment and lease agreement.
Sam Azad city of One City Hall Place
City Managerl. Pueblo, CO 81003
John Vigil liii Phone(719)553-2655
Assistant City Manager 5 Colorado Fax(719)553-2698
Office of the City Manager
AMENDMENT TO LEASE AND OPERATING AGREEMENT
This Amendment is entered into as of the 15'day of January 2018("Effective Date"),by and between the City of Pueblo,
Colorado, a Municipal Corporation("Lessor"), and Par's Natural Foods, LLC ("Lessee").
WHEREAS, Lessor entered into a certain lease and operating agreement with Lessee dated September 12, 2016
("Lease"); and
WHEREAS, Lessee has provided new information on the status of the Airport's restaurant to the Lessor,and the parties
desire an amendment to the Lease;
NOW THEREFORE, in consideration of the foregoing recitals, and the promises and conditions set forth below, the
parties agree to amend the Lease as follows:
1. Section(IV)(K)(1) is hereby deleted in its entirety and replaced with the following:
Except as herein set for,the dining room area of the Restaurant shall remain in service to the public a minimum
of six(6)days per week, six(6) hours per day, with adequate service to meet the public demand. The Director
of Aviation may require the extension of operating hours, or otherwise modify operating hours appropriately,
to meet demand.
2. Section(VI)(A) is hereby deleted in its entirety and replaced with the following:
Lessee agrees to pay to 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, monthly rent that will be
calculated at a four percent(4%)commission of the gross sales. However, if gross sales are less than$12,000.00
in a given month, the Lessee shall not be liable for rent that month. Any non-payment of rent shall only apply
to the month where gross sales were less than $12,000.00. Lessor shall make all final determinations as to
whether rent is required for a given month. The gross sales and commission shall be reported to the Director of
Aviation on a monthly basis.
3. The parties hereto further agree that nothing contained within this amendment alters or modifies any other
paragraphs or provisions of the Lease.
IN WITNESS WHEREOF the parties have executed this amendment as of the Effective Date.
ATTEST: CITY OF PUEBLO,
A MUNICIP � 0 TION
0BX. &en i By
nc) City Clerk City anager
Printed Name: Sam Azad
PAR'S NAT AL FOODS, LLC
'
Printed Name '
Title C'1{6
LEASE AND OPERATING AGREEMENT
FOR
PUEBLO MEMORIAL AIRPORT RESTAURANT
THIS LEASE made and entered into this 12th day of September, 2016 between THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, hereinafter referred to as the "LESSOR" and, PAR’S NATURAL FOODS, INC.,
hereinafter referred to as the "LESSEE".
WITNESSETH:
That a “Lease and Operating Agreement for Pueblo Memorial Airport Restaurant” (“Prior Agreement”) by and
between Lessor and Aviator Service Group (“Assignor”) was approved by the City Council and entered into on
October 26, 2015. Assignor wishes to assign the Prior Agreement to Lessee, and Lessor accepts the assignment
upon amendment of the original terms. Upon execution of this agreement, the Prior Agreement will terminate and
all rights and liabilities thereto will be assigned to the Lessee under this agreement.
That in consideration of the payment of rent hereinafter provided and the keeping and performance of the covenants
and agreements of the Lessee, as hereinafter set forth, Lessor has and does hereby lease unto the Lessee, a certain
area in the Terminal Building located at Pueblo Memorial Airport, Pueblo County, Colorado (herein "Airport")
described in Exhibit A attached hereto and incorporated herein as if set out in full (herein "Leased Premises") for
the sole purpose of conducting a restaurant business therein for a term of five (5) years from September 1, 2016 to
August 31, 2021 (“Initial Term”).
If not in default under this Lease, Lessee shall have the option to extend the term of this Lease for a five (5) year
period from September 1, 2021 to August 31, 2026 (“Optional Term”) by giving to Lessor written notice of its
exercise of such option on or before February 28, 2021. The extended term shall be upon the same covenants and
conditions except (a) there shall be no further option to extend this Lease, and (b) the rent during the extended term
shall be increased in an amount to be determined by Lessor at the time of renewal. If Lessee does not timely exercise
its option to renew, the option to renew shall terminate and be of no further force and effect.
Prior to the expiration of the initial term, this lease can be terminated by either party by giving ninety (90) days
written notice. If notice is by Lessee, any deposits held by Lessor shall be forfeited.
I. RIGHTS AND PRIVILEGES OF LESSEE
A. Lessee shall engage in and conduct said Restaurant business at and on the Leased Premises for the
convenience of patrons and tenants of the Airport and the general public desiring such services at the
Airport; which right, without limiting the generality hereof, shall include:
1. The right, subject to necessary licensing, to serve food, soft drinks, and alcoholic beverages, and
other items pertaining to the operation of a restaurant. The right to sell tobacco products, ice
cream products, gum, candies, and similar items commonly offered for sale at a restaurant.
2. The non-exclusive right to provide in-flight food service to scheduled and supplemental airlines,
private and executive aircraft who have requested said services of Lessee, and the right to
prepare food on the Leased Premises and deliver, or cause to be delivered, to and for the purpose
of consumption elsewhere.
3. The right to use, operate, and maintain equipment owned by Lessor and shown in Exhibit C
attached hereto and made a part hereof ("Equipment").
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4. The right to equip, install, operate and maintain on the Airport, at Lessee's expense advertising
facilities; provided however, that in all cases the number, size, location, general type and design,
and the method of installation shall be subject to the prior approval of the Director of Aviation
or his designated representative. This limitation shall apply to and include all signs, placards,
posters, or other forms of identification or advertising media, installed, placed upon or affixed
to the Leased Premises exclusively to Lessee hereunder.
5. The right, subject to prior approval of the Director of Aviation, of plans and specifications,
location and inspection of same; to make improvements, modifications, revisions and other
alterations to the Leased Premises and equipment therein. . Unless otherwise agreed to by the
parties in writing prior to the beginning of construction or installation, all costs of such
improvements, modifications, revisions and alterations shall be borne solely by Lessee, and all
such improvements, modifications, revisions or alterations shall become and remain the
property of the Lessor.
6. Lessee, its employees and invitees shall have the right of ingress and egress between the main
entrance of the Airport as the same now exists or may hereafter be relocated and the Leased
Premises over, upon and through such streets and no other as from time to time shall be
designated by the Director of Aviation. Driveways from existing streets into the Leased
Premises shall be located as designated by the Director of Aviation.
III. RIGHTS AND PRIVILEGES OF LESSOR
A. All rights not herein specifically granted to the Lessee are hereby reserved to Lessor.
B. Lessor also reserves the right to require Lessee to make any adjustments deemed necessary to improve
the interior appearance of the Leased Premises or the quality of service rendered in connection with
Lessee's operation.
IV. OBLIGATIONS OF LESSEE
A. It shall be the obligation of Lessee to continuously operate and conduct the restaurant business as
herein set forth, and to maintain the Leased Premises at all times in a safe, clean, orderly and attractive
condition.
B. Lessee, its officers, employees, agents or servants shall, at all times, comply with the Federal Pure
Food and Drug Laws, Health Rules and Regulations and other applicable Laws and Regulations of the
United States Government, and the State of Colorado and all applicable Ordinances, Codes and
Regulations of the City and County of Pueblo, including the rules and regulations governing the
operation of the Airport.
C. All food, beverages, confections and other items sold and kept for sale by Lessee shall be of high
quality, wholesome and pure and the service shall be prompt, attractive, clean, efficient and courteous.
Violation of any provision of this paragraph by Lessee, its officers, employees, agents or servants shall
cause this Lease to be subject to cancellation by Lessor, if not corrected immediately upon written
notice by the Director of Aviation.
D. Except as otherwise specifically provided herein, Lessee shall pay all costs of operating the restaurant
business and maintaining the Leased Premises, including but not limited to, necessary personnel, or
all licenses, permits or other similar authorizations as required under Federal, State or Local Laws and
Regulations, insofar as they are necessary to comply with the requirements of this Lease and the rights
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and privileges extended against its property, situated on, or within, the Leased Premises or otherwise
within the confines of the Airport.
E. Lessee shall, at its sole expense, maintain and keep the Leased Premises, and all improvements thereon,
including without limitation, the Equipment, Sewer and Water lines and connections, Plumbing,
Heating and Air Conditioning equipment and systems, in good condition, appearance, and state of
repair and provide all interior building maintenance, repair, 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 repair, except for exterior
maintenance and repairs to the exterior of the Leased Premises.
1. If Lessee should fail to keep and maintain the Leased Premises or improvements thereon in such
good order and repair as is reasonably required, Lessor may, without any obligation to do so,
enter the Leased Premises, without such entering causing or constituting a termination of the
Lease, or an interference with the possession of the Leased Premises by Lessee, and perform
the necessary maintenance and/or restoration work to the Leased Premises to the condition
required by the Lessor, the cost of which shall be borne solely by Lessee. All such costs shall
be paid by Lessee to Lessor in addition to rents, within thirty (30) days after completion of the
work.
F. The Lessee shall, at its own expense, keep the Leased Premises neat, clean, safe and orderly at all
times, free of waste, rubbish and debris, and shall provide a complete and proper arrangement for the
sanitary handling and disposal of all trash, garbage, and other refuse resulting from its activities at the
Airport. All trash, garbage, and other refuse shall be out of view of the public.
G. Lessee shall pay all utilities supplied to and used in the Leased Premises, and shall enter into separate
agreements with the utility organizations for metering such services; except that the Lessor shall
furnish at its expense electricity for the Leased Premises.
H. Lessee shall at all times retain an active, qualified, experienced and competent manager to supervise
the restaurant business who shall be authorized to represent and to act for and on behalf of the Lessee.
1. Lessee's personnel shall be courteous, efficient, clean and neat in appearance, and shall be
trained and qualified to perform any and all services to the public required or contemplated
under the terms of this Lease.
2. Lessee shall not employ any person or persons in or about the Leased Premises who shall use
improper language, or act in a loud, boisterous, or otherwise improper manner.
I. Lessee, except as may be otherwise provided in other contracts entered into with the Lessor, shall not
engage in any business at the Airport other than that which is expressly authorized herein.
J. Lessee shall repair all damages to the Leased Premises caused by its officers, employees, invitees,
agents or patrons or arising out of Lessee's operations thereon.
K. Period of Restaurant operation:
1. Except as herein set forth, the dining room area of the Restaurant shall remain open for service
to the public a minimum of six (6) days per week and eight (8) hours per day, with adequate
service to meet the public demand. The Director of Aviation may require extension of operating
hours to meet anticipated demand.
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2. The sale of alcoholic beverages shall be subject to Regulations as provided by the Statutes of
the State of Colorado and Local Ordinances, Rules and Regulations, whichever may apply to
the Premises under the Agreement.
3. Any change in the minimum hours or days of operation of the Restaurant is prohibited without
the prior written approval of the Director of Aviation.
V. OBLIGATIONS OF LESSOR
A. Lessor, at its cost, shall provide electricity for the Leased Premises, unless conditions beyond the
Lessor's control shall prevent Lessor from so supplying said electricity.
B. Lessor shall provide periodic washing of windows on the outside only.
C. Lessor shall not be responsible for any damage to, or loss of property of Lessee, its officers, employees,
agents, servants, patrons, or any other person or persons at the Airport.
VI. RENT AND FEES
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,
monthly rent that will be calculated at a four percent (4%) commission of the gross sales, where the
gross sales and commission are reported to the Director of Aviation on a monthly basis.
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B. All monthly payments of rent shall be due on the 1 of each month, and shall reflect the commission
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for the previous month. Payments of rent shall be considered late if received after the 10 day of the
month and a late fee of $100 assessed against the Lessee.
C. Lessee shall keep and maintain at the Leased Premises accurate and complete books and records of its
Restaurant operation and gross receipts. Lessee shall permit the duly authorized representative of the
Lessor to examine Lessee's books at any time during business hours.
D. Lessee agrees to make planned improvements to the Leased Premises and Equipment therein, and in
exchange, Lessor will offset the required rent by the cost of said improvements, except that the offset
may not exceed $_________. All equipment and improvements shall become the property of the
Lessor for Lessee’s use only so long as it operates a Restaurant business on the Leased Premises.
Upon termination of this Agreement, all such equipment and improvements shall be returned to the
Lessor in good and working condition.
VII. EQUIPMENT AND CAPITAL IMPROVEMENTS
A. Lessor has made certain capital improvements to the Leased Premises and owns the Equipment located
on the Leased Premises as set forth in Exhibit C attached hereto. Lessee shall have the right to use such
Equipment in the operation of the Restaurant business at and on the Leased Premises. All such
Equipment shall remain the property of the Lessor and shall be returned to the Lessor at the termination
of this Agreement in good and working condition.
B. Lessee shall be responsible for all maintenance, repair and replacement of equipment. Lessee shall be
solely responsible for all routine maintenance of the equipment, supplies and Leased Premises.
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VIII. MISCELLANEOUS
A. The Lessee by accepting this Lease expressly agrees for itself, its successors and assignees that it will
not make use of the Leased Premises in any manner which might interfere with the landing and taking-
off of aircraft from Pueblo Memorial Airport or otherwise constitute a hazard to aviation. In the event
the aforesaid covenant is breached, the Lessor reserves the right to enter upon the Leased Premises
and cause the abatement of such interference at the expense of the Lessee.
B. Lessor and Lessee understand and agree that the General Provisions consisting of Paragraph 1 through
17, attached hereto as Exhibit B, are incorporated herein and shall be binding upon and inure to the
benefit of Lessor and Lessee as if set out here in full. In the event of a conflict between the provisions
of the General Provisions and this Lease, the provisions of this Lease shall control.
C. If Lessee defaults in the payment of rent or any part thereof or fails to perform or observe any of the
conditions and covenants on its part to be performed or observed hereunder, and such default or failure
shall continue for a period of ten (10) days after written notice thereof has been mailed to Lessee by
first class mail addressed to Lessee at its last known address at Pueblo Memorial Airport, then, in that
event, and as often as same may happen, it shall be lawful for Lessor, at its election, with or without
notice, to terminate this Lease without prejudice to any claim for rent or for breach of covenants, or
without being guilty of trespass or forcible entry or detainer. Lessor is hereby granted a lien and
security interest for payment of rent and damages for breach of covenants upon all Lessee's goods and
personal property which is or may by placed upon the Leased Premises including without limitation
business fixtures, equipment, inventory and proceeds thereof and such lien may be enforced by the
taking and sale of such property in the same manner and as provided for the disposition of collateral
under the Colorado Uniform Commercial Code.
D. If the Leased Premises is left vacant and any part of the rent remains due and unpaid, Lessor may,
without being obligated to do so, and without terminating this Lease, retake possession of the Leased
Premises and rent the same for such rent and upon such terms as Lessor may think best, making such
changes and repairs as may be required, giving credit for the amount of rent received less all expenses
of such changes and repairs, and Lessee shall be liable for the balance of the rent until expiration of
this Lease.
E. Lessee agrees to pay to Lessor all costs, including reasonable Attorney Fees, of any action brought by
Lessor to enforce the Lease or to recover rent or other money due and unpaid under the Lease or to
recover possession of the Leased Premises, whether such action proceeds to judgement or not.
F. No waiver of any breach of any one or more of the conditions or covenants of this Lease by Lessor
shall be deemed to imply or constitute a waiver of any succeeding or other breach hereunder. The
acceptance of rent by Lessor shall not constitute a waiver of any breach then existing.
G. If Lessee remains in possession of the Leased Premises after termination of the Lease without written
agreement, such possession shall be deemed to be a tenancy from month to month upon the same
covenants and conditions set forth herein and at a monthly rent equal to two times the average of the
monthly rent payable hereunder for the prior twelve months.
H. In the event of a fire or other casualty in or to the Leased Premises, Lessee shall immediately give
notice to Lessor. If the Leased Premises, through no fault nor neglect of Lessee, its agents, employees
or invitees, shall be damaged by fire or other casualty so as to render the Leased Premises untenantable,
and Lessor elects to repair the same, the rent herein shall abate thereafter until such time as the Leased
Premises are made tenantable by Lessor. In the event the Leased Premises or the Terminal Building
shall be damaged by fire or other casualty and Lessor shall decide not to rebuild or repair (which
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Exhibit B
General Provisions
1. This Lease is subject and subordinate to the provisions of any existing or future agreement between the
Lessor and the United States Government or any agency thereof relating to the operation or maintenance of
the Pueblo Memorial Airport. The United States Government has reserved the right of immediate re-entry
in, to and upon the Pueblo Memorial Airport including the Leased Premises in the event of a National
Emergency. If such a right is exercised, the Lease shall terminate and Lessee shall immediately quit and
vacate the Leased Premises and remove all its property and equipment therefrom. If the Lease is so
terminated, neither Lessor nor Lessee shall be liable or responsible to the other party for any damages or
account of any covenants of the Lease or herein otherwise contained.
2. The terms and provisions of the Lease and these General Provisions are subject to the provisions of Chapter
1 of Title III of the 1971 Code of Ordinances by the City in effect at the time of execution of the Lease or
as same may be hereafter amended. In the event of a conflict between the provisions of said Chapter 1 of
Title III and any provision of the Lease or these General Provisions, the provisions of said Chapter 1 of Title
III shall control.
3. Lessor reserves for the use and benefit of the public, a right of flight for the passage of aircraft above the
surface of the property, together with the right to cause in said airspace such noise as may be inherent in the
operation of any aircraft now known or hereafter used, for navigation of or flight in said airspace, and for
use of said airspace for landing on, taking off from, or operation on or over the Pueblo Memorial Airport.
4. Lessor reserves the right, without any obligation on its part to do so, to maintain and keep in repair the
landing area of the airport or other public areas or facilities and to develop, modify, change, relocate,
abandon or improve the Pueblo Memorial Airport, or any part thereof, as it may determine, in its sole and
absolute discretion, at any time. Lessee hereby releases and forever discharges Lessor from any and all
damages or injuries resulting from or occasioned by any such actions taken or omitted to be taken by the
Lessor.
5. Lessee in performing its operations or providing services under the Lease shall:
a. Furnish good, prompt, and efficient services.
b. Operate and furnish services on a fair, equal, and nondiscriminatory basis to all users thereof.
c. Charge fair, equal, reasonable and nondiscriminatory prices for each unit of sale or service, including
parts, materials, and supplies, provided Lessee may be permitted to make reasonable and
nondiscriminatory discounts, rebates or other similar type of price reductions to quantity purchases.
6. The Lessee, as a part of the consideration hereof does hereby further covenant and agree, as a covenant
running with the property, that in the event facilities are constructed, maintained, or otherwise operated on
the Leased Premises for a purpose for which a Department of Transportation program or activity is extended
or for another purpose involving the provisions of similar services or benefits, the Lessee shall maintain and
operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended (herein "Regulations").
The Lessee does further hereby covenant and agree, as a covenant running with the Leased Premises, that:
a. No person on the grounds of race, color, national origin, age, or disability shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Leased Premises.
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b. In the construction of any improvement on, over, or under the Leased Premises and the furnishing of
service thereon, no person on the grounds of race, color, national origin, age, or disability shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.
c. The Lessee shall use the Leased Premises in compliance with all other applicable requirements
imposed by or pursuant to the Regulations.
That in the event of breach of any of the above nondiscrimination covenants, the Lessor shall have the right
to terminate the Lease and to re-enter and repossess the Leased Premises and the facilities thereon, and hold
the same as if the Lease had never been made or issued.
7. Lessee, its officers, agents and employees shall faithfully observe all rules and regulations affecting the use
of the Pueblo Memorial Airport or motor vehicles thereon or the use and occupancy of the Leased Premises,
whether established by the Director of Aviation, the City, the State of Colorado, or the United States or
agencies thereof and Lessee's use and occupancy of the Leased Premises and improvements thereon are
subject to all ordinances of the City located within the jurisdictional limits of the City.
8. Lessee shall indemnify and save harmless the Lessor, its officers, agents, and employees from and against
any and all claims, demands, actions, suits and expenses (including reasonable attorney fees) of any nature
including those based upon injury to persons including death, or damage to property, including loss of use,
arising out of, caused by, or sustained by the acts or omissions of Lessee, its officers, agents, or employees,
or in connection with the performance of the Lease, or by conditions created thereby, or by conditions of
the Leased Premises, or based upon any violation of any statute, ordinance, or regulation, except those
caused by the negligence of the Lessor, its officers, agents or employees.
9. Lessee shall maintain at its expense during the effective period of the Lease:
a. Comprehensive general liability, products liability, and property damage insurance against liability
for injuries to or death of any person for damage to or loss of property with limits not less than
$1,000,000 combined single limit per occurrence.
b. Workmen's compensation insurance with policy provisions as required by Colorado State Law.
Lessee shall furnish to the Lessor a certificate from an insurance company acceptable to the Lessor certifying
such insurance to be in force during the effective term of the Lease. All such insurance shall provide for a
minimum of ten (10) days notice to the Lessor in the event of cancellation or material change in the terms
thereof. The Lessor reserves the right to reasonably increase the minimum insurance limits set forth in (a)
above.
10. The Lease and these General Provisions are intended as the complete integration of all understandings and
agreements between the parties. No prior or contemporaneous addition, deletion, or other amendment shall
have any force or effect whatsoever unless specifically included in the Lease. No subsequent renovation,
renewal, addition, deletion, or other amendment to the Lease or hereto shall have any force or effect unless
embodied in a written agreement and approved by Resolution or Ordinance of the City Council of the Lessor.
11. Lessee shall not assign or otherwise transfer the Lease or any of Lessee's interest therein or sublease the
Property or any portion thereof without the prior written consent of the Lessor. If Lessee is a corporation
or partnership, a majority interest in the partnership shall not be sold or otherwise transferred without the
prior written consent of the Lessor. Any such assignment, transfer or sublease made without prior written
consent of the Lessor shall be void and ineffective as to the Lessor and shall constitute grounds to terminate
the Lease.
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12. In case any one or more of the provisions contained herein or in the Lease shall be invalid, illegal or
unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained
herein or in the Lease shall not be affected or impaired thereby.
13. Whenever in the Lease or in these General Provisions any of the Parties hereto is named or referred to, the
successors and assignees of such party shall be deemed to be included and all the covenants, promises and
agreements contained herein or in the Lease by or on behalf of the Lessee, or by and on behalf of the Lessor,
shall bind and inure to the benefit of the respective successor and assignees, whether so expressed or not.
14. It is the intention of the parties hereto that the Lease and these General Provisions and the rights and
obligations of the parties hereunder shall be governed by and construed and enforced in accordance with the
laws of the State of Colorado.
15. Lessee shall at its expense, throughout the term of this Lease, maintain and keep in force the following
insurance: Contractual liability insurance to insure the performance by Lessee of the indemnification
agreement of paragraph (8) hereof.
All such insurance shall provide for a minimum of ten (10) days notice to the Lessor in the event of
cancellation, non-renewal or material modification. Lessee shall provide the Lessor with certificates of such
insurance.
16. Neither the Lessor nor Lessee shall be liable to the other for any business interruption or any loss or damage
to property or injury to or death of persons occurring on the Airport, or in any manner growing out of or
connected with the Lessee's use and occupancy of the Leased Premises or the condition thereof, whether or
not caused by the negligence or other fault of Lessor or Lessee, or their respective officers, agents or
employees. This release shall apply to the extent such business interruption, loss, or damage to property or
injury to or death of persons is covered by insurance regardless of whether such insurance is payable to or
protects the Lessor or Lessee or both. Nothing herein shall be construed to impose any other greater liability
upon either Lessor or Lessee than would have existed in the absence of this provision. This release shall be
in effect so long as the applicable insurance policies contain a clause to the effect that this release shall not
affect the right of the insured to recover under such policies. Such clauses shall be obtained by the parties
whenever possible. The release in favor of Lessor contained herein, is in addition to, and not in substitution
for, or in diminution of the hold harmless and indemnification provisions hereof.
17. The Lease and any amendment or modification thereto are subject to the prior written approval of the Federal
Aviation Administration. Lessee agrees to comply with notification and review requirements of
construction, modification, or alteration of any building or structure on the Leased Premises.
Page 9
Exhibit C
CITY OWNED RESTAURANT EQUIPMENT
REVISED: July 17, 2015
APPLIANCES QUANTITY MAKE MODEL # SERIAL #COMMENTS
Cooler/Freezer – 2 door walk-in 1 US Cooler 4305
Hobart Commercial dish washer 1 Hobart
Dryer – clothes 1 Maytag LZE4000ACL A3204209
Freezer – 2 door 1 True T-49F 1-2527935
Griddle – Gas with stand 24 inch 1 Wolf
Ice Machine bin & scoop 1 Scotsman
6 burner hot plate36” wide
Washer – clothes 1 Kenmore 110 CF2607226
Broiler with stand – 36” gas 1 Imperial
Cooler – 2 door 1 True T-49 1-670768
Deep Fryer 2 FryMaster MJ145ESD 9708GA0059
FryMaster GF14SP 9510FM0609
Microwaves 1 Sharp R-21FC 213668
Oven – Double stack convection 1 Garland TTE4 109532
Toasters 2 Westbend
Salad Serving Station with 1 Randell 9801 AJ04322-1
Refrigerator
Salad Bar with Compressor 1 Delfield 8187-6 95263 M
Meat Slicer 1 Unnex 7510
Food Disposer 1 Insinkerator SS75-27 MJ266173
Iced Tea Bins 2 Bunn
Bunn
Coffee Warmers 2 Bun-O-Matic WX2 WX00050108
Bloomfield
8720 05F05098720
Coffee Makers 2 Bun-O-Matic ST-15
Bloomfield
07A00001042
CONTAINERS
Food – plastic with lids:
Round L with lids 2
Round M with lids 2
Rectangular Bins with 4 lids 6
Oil and Vinegar Set (1 sm/1 lg) 2
Plastic Beverage Dispenser 1
Sweet’n’Low Containers 29
Condiment Holders 28
Salad Dressing Bins 6
DISHES
Condiment Cups 21
Coffee Cups 68
Dinner Plates 22
Platters 40
Chili Bowls (small bowls) 33
Page 10
Soup Bowls 24
FURNISHINGS
Floor Mats (Rubber) 2
Shelves (Free Standing)
5
18in. x 30in.
7
18in. x 48in.
3
21in. x 60in.
4
24in. x 24in.
4
24in. x 36in.
7
24in. x 48in.
6
24in. x 60in.
4
24in. x 72in.
Mounted Shelf (Stainless Steel) 1
16”x108”
Stainless steel worktable 30”x60” 1
Stainless steel worktable 24”x60” 1
Double over shelf 12”x60”
1
Cold PrepTable 27”
1
Sinks
1
Hand pedestal (Stainless
Steel)
1
Stainless (3) compartment
with drainboards
Lockers (12) Unit 1 Edsal
Tables
1 Measures
Chef – stainless with (3)
158”x30”
compartment steamer, (3)
door refrigerator, double pass
thru shelves, (2) 4 ft heat
lamps
19 (6) 24”x30”
Dining
(10) 30”x48”
(8) 36”x36”
1
Folding Table 6 ft.
1
Butcher Block Table 30”x84”
1
Small Square Wood
3
Stainless (small)
1 54”x78”
Stainless with (2) sinks,
bottom shelf
Chairs
75
Cushioned, metal framed
Waitress Station – stainless with sink 1 31”x120”
and ice bin
Page 11
Serving Carts
2
Metal
1
Wood
GLASSES
69
Large Plastic
94
Medium Plastic
9
Small Plastic
MISCELLANEOUS
Children’s Booster Seat 2
Children’s High Chair 2
Drop Safe 1
Fountain (Patio) 1
Mop Buckets 2
Scale – 5 lb. 1 Sysco
French fry cutter
Vollrath
Redco
Trashcans:
2
Large with rollers
2
Medium
Bus Tubs 4
Mops 2
Racks
5
Dish
13
Glass
3
Rollers (dolly’s)
4
Silverware
Steamtable Dividers (adapter bars) 9
Coffee Carafes
8
White
1
Black
4
Tan
Tea Servers (stainless) 9
Water Pitchers (plastic) 4
Coffee pots (glass)
5
Regular
2
Decaf
Water Carafes
7
Glass
18
Plastic
POTS/PANS
Line Pans – Stainless Steel
21 (6) plastic
4.5”x7” (Deep)
lids; (5)
metal lids
Page 12
28 (9) metal
6.5”x7” (Deep)
lids
2
6.5”x10.” (Deep)
21 (8) metal
7”x12.5” (Deep)
lids
2
7”x12.5” (Shallow)
2
8.5”x10” (Deep)
2
8.5”x10” (Shallow)
1
10”x16.5” (Deep)
1
10”x16.5” (Shallow)
5 (4) metal
10.5”x12.5” (Deep)
lids
11
10.5”x12.5” (Shallow)
10.5”x13” (Deep)
1
1
13”x21” (Shallow)
5 (4) plastic
14”x22” (Deep)
lids; (3)
metal lids
7
Line Pots (Cylindrical –
Stainless Steel)
Sauce Pots
2 Wearever
Small (4.5 qrts)
5 Wearever (5) lids
Large
Stock Pots
1
Medium
3
Large
1
X-Large
Muffin Trays
3
24 Count
Sheet Trays 15
Sautee frying pans 5
Pot Rack (rectangular – hanging) 1
SILVERWARE
Forks
83
Dinner
35
Salad
Spoons
43
Ice Tea
81
Teaspoons
59
Soup Spoons
7
X-Large
Knives
127
Butter
26
Steak
TRAYS/BASKETS
Serving
Page 13
Small – Oval
1
Large – Oval
3
4
Round
Cracker Plastic 61
18
Silverware Baskets
(cylindrical)
UTENSILS/BAKING ITEMS
Bacon Presses 4
Colander (Large) 1
Funnels 2
Knives
3
Butter (spread)
4
Miscellaneous
Chef rods 2
Measuring cups – aluminum 3
Potato peeler 1
Spatulas
12
Rubber
Stainless
3
Tortilla Basket (Taco Shell Maker) 1
Can/Bottle Opener - Large tabletop 1
(manual)
2
Small handheld (manual)
Cutting Boards
1
10”x88”
1
12”x27”
1
18”x24”
Knife Rack (magnetic – wood) 1
Ladles
14
Metal (various sizes)
10
Plastic (salad dressing ladles)
Meat Tenderizer 1
Mixing Bowls (Stainless) 9
Pie Cutter (decorator) 1
Scoops (sugar/flour) 2
Mixing Spoons
6
Regular (smooth stainless)
8
Strainer (stainless)
Temperature Guages (thermometers) 1
Tongs
9
Metal (various sizes)
1
Plastic (various sizes)
Page 14
Whips
2
Small
2
Large
Grater (plastic) 1
Scrapers 2
Clamps
1
Small
4
Medium
Strainers (Cone shaped) 2
Sterno Snuffers 7
Buffet Tray Stands 6
Serving Tray Stands 3
Salad Bowls – In storage with Salad
Bar
17
Metal
6
Plastic
Page 15