HomeMy WebLinkAbout4784RESOLUTION N0. 4784
A RESOLUTION AWARDING THE CONTRACT FOR THE
OPERATION OF PUEBLO CITY PARK GOLF COURSE
RESTAURANT AND LOUNGE AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE SAME.
WHEREAS, bid proposals for the operation of Pueblo City
Park Golf Course Restaurant and Lounge have been reviewed; and
WHEREAS, the bid proposal of Earl A. Wolfe
was the highest and best proposed;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1..
The contract for the operation of Pueblo City Park Golf Course
Restaurant and Lounge is hereby awarded to Earl A. Wolfe
subject to the filing of sufficient sureties to be
approved by the City Purchasing Agent,
S'ECTI'ON 2
The Purchasing Agent is hereby authorized to execute said
contract on behalf of the City of Pueblo, and the City Clerk shall
affix the seal of the City thereto and attest same.
INTRODUCED I May 11 , 1981
BY HAROLD MABIE, JR.
Councilperson
APPROVED;
;ty C k Presd t f t e ouncil
CONTRACT
This Contract entered into this 4th day of June 1981 by and
between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo,
Colorado, 81003 (herein City) and I &W Enterprises, Inc., a
4
Colorado Corporation, 31201 Bryan Circle, Pueblo, Colorado,
81001 (herein Operator),
WITNESSETH
In consideration of the payment of the rent and other sums
to be paid by Operator to City as hereinafter provided and the
keeping and performance of the covenants and agreements herein-
after set forth by Operator, City hereby licenses Operator and
Operator hereby agrees to operate and manage the City Park Golf
Course Restaurant and Lounge and to furnish all labor, service,
material, goods and equipment required therefor in accordance
with all Contract Documents on file in the office of the
Purchasing Agent of City and to the satisfaction and under the
general supervision of the Director.
The term of this Contract shall be for a period of seven
years and four months from July 1, 1981 to October 31, 1988.
Operator shall pay to City at and for a rental for the
use of the premises and equipment a minimum annual guaranteed
rent of $6,000.00 payable in equal monthly installments of
$500.00 per month in advance on or before the first day of each
month during the full term aforesaid at the office of City's
Finance Director without notice. If the term does not commence
on the first day of July, rent for July shall be prorated from
the date of the issuance of the liquor license as provided in
paragraph 4 hereof. If 11.5% of annual gross sales is greater
than $6,000.00, Operator shall annually pay to the City as
additional rent the difference between $6,000.00 and eleven and
one -half (11.5) percent of the annual gross sales made by Operator
upon or from the City Park Golf Course Restaurant and Lounge..
M
CONTRACT
This Contract entered into this 4th day of June 1981 by and
between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo,
Colorado, 81003 (herein City) and I &W Enterprises, Inc., a
4
Colorado Corporation, 31201 Bryan Circle, Pueblo, Colorado,
81001 (herein Operator),
WITNESSETH
In consideration of the payment of the rent and other sums
to be paid by Operator to City as hereinafter provided and the
keeping and performance of the covenants and agreements herein-
after set forth by Operator, City hereby licenses Operator and
Operator hereby agrees to operate and manage the City Park Golf
Course Restaurant and Lounge and to furnish all labor, service,
material, goods and equipment required therefor in accordance
with all Contract Documents on file in the office of the
Purchasing Agent of City and to the satisfaction and under the
general supervision of the Director.
The term of this Contract shall be for a period of seven
years and four months from July 1, 1981 to October 31, 1988.
Operator shall pay to City at and for a rental for the
use of the premises and equipment a minimum annual guaranteed
rent of $6,000.00 payable in equal monthly installments of
$500.00 per month in advance on or before the first day of each
month during the full term aforesaid at the office of City's
Finance Director without notice. If the term does not commence
on the first day of July, rent for July shall be prorated from
the date of the issuance of the liquor license as provided in
paragraph 4 hereof. If 11.5% of annual gross sales is greater
than $6,000.00, Operator shall annually pay to the City as
additional rent the difference between $6,000.00 and eleven and
one -half (11.5) percent of the annual gross sales made by Operator
upon or from the City Park Golf Course Restaurant and Lounge..
The additional rent shall be paid to City on or before January 31
of each year for the preceding calendar year at the office of
City's Director of Finance, without notice, except that for
the year 1988 it shall be paid on or before Noveipber 30, 1988.
The additional rent for any period less than a full calendar
year shall be computed as follows: 11.5 percent of gross sales
made during such period less the total of the minimum annual
guaranteed rent actually paid for such period.
City and Operator further agree:
1. This Contract consists of and evidences the following
parts and documents all of which are as fully a part of this
Contract as if herein set forth in full, or if not attached,
as if attached hereto, and are herein collectively referred to
as "Contract Documents."
A. Advertisement, Proposal Bond, Proposal, Performance
Bond, and Notice of Award.
B. Paragraphs (1) through (31) of the Conditions For
Golf Course Clubhouse Restaurant.
C. This Contract.
D. List of Equipment.
2. Operator, Operator's equipment and inventory, and the
operation of the City Park Golf Course Restaurant and Lounge are
subject to all applicable sales, use and other taxes and Operator
agrees to pay same before they become delinquent.
3. The equipment and furnishings described on the List of
Equipment are the property of City and at the expiration of this
Contract, Operator shall deliver and surrender possession of all
such equipment and furnishings, including replacement equipment
and furnishings therefor,to the City in as good condition as
they are on the date an inventory thereof is taken, loss by
fire or ordinary wear from reasonable use excepted. Director
and Operator shall on or before July 1, 1981 inventory and list
all equipment and furnishings, date and sign such inventory
-2-
and list, and file an executed copy thereof with the Director
and Purchasing Agent of the City.
4. This Contract is contingent upon Operator obtaining
a tavern license for the City Park Golf Course and Restaurant
and I premises on or before July 1, 1981. If Operator is
unable to obtain such license by July 1, 1981 the effective
date of this Contract shall be extended to August 1, 1981 or
the date such license is issued, whichever occurs first. If
Operator is unable to obtain such license by August 1, 1981
this Contract shall terminate and all parties shall be released
from all liability hereunder and Operator's $1,000.00 security
deposit shall be refunded to Operator.
5. This Contract shall be binding upon and inure to the
benefit of City and Operator their successors and approved
assigns.
In witness whereof, the parties on the day and year first
above written have caused this Contract to be executed in
four counterparts each of which shall be deemed an original.
I & W ENTERPRISES, INC.
'(Seal)
By
ATTEST: Presidbnt
PUEBLO, A MUNICIPAL CORPORATION
(Seal)
By
ATTEST: Purchasing Agent
ityCer
APPR VED S FORM :
City Attorney
ADVERTISEMENT
TO WHOM IT MAY CONCERN:
The City of Pueblo will receive until:
10:00 A.M. on the 1, day of 1981
at the office of the Purchasing Agent, City Hall, Pueblo, Colorado,
proposals for the following:
PROJECT NO. % � , q I
PROJECT NAME: DECLARATION OF ABILITY AND QUALIFICATIONS
FOR THE OPERATION OF PUEBLO CITY PARK GOLF
COURSE RESTAURANT & LOUNGE
In general, the work will consist of the operation of the
City Park Golf Course Restaurant & Lounge.
(a) Service of food and refreshment to the public links
golfer and the general public, and private parties.
QUALIFICATIONS:
1. Must be financially responsible.
2. Must be able to provide experienced management.
3. Must be able to present a complete and detailed proposal
to the City, covering all phases involved in.his operation of the Club-
house Restaurant and Lounge, and in compliance with all minimum conditions
required by the City.
bid.
4. Must present a financial statement to the City at time of
Dated at Pueblo, Colorado, this a3 day of , 1981
eG Ao�z�
A rt Croissant
Purchasing Agent
City of Pueblo, Colorado
PROPOSAL
All proposals are to be prepared on this form. All blank
spaces must be correctly filled in where indicated and the proposer
must state the rental (written in ink or typewritten) which he pro-
poses to pay for the operation(s) contemplated.
The undersigned, having become familiar with the local
conditions affecting the operations of the Golf Clubhouse Rest-
aurant & Lounge, including the Advertisement for Bids, the Proposal
Form, form of bids, general and special provisions of the contract,
etc., issued and attached to the contract documents on file in the
office of the Purchasing Agent, hereby proposed to perform and operate
the City Park Golf Course Restaurant & Lounge, for a period of time
specified and at a sum set forth in the following proposal schedule:
TYPE OF PROPOSAL
The City shall provide the building and supply the equipment
both as is and in their present condition. Any alternate proposals shall
be so outlined in the proposal. Equipment will be inventoried at time
of award of contract.
EVALUATION OF PROPOSALS
For purpose of comparison of proposals only, it is estimated
that the annual gross sales (AGS) for a normal period of operation of
the Restaurant & Lounge is estimated at $150,000 It is under-
stood that this is merely an estimate and is in no way binding upon the
City and no adjustments will be made in the event the AGS goes above or
below the figures shown above.
In making such comparison, the proposer's minimum annual guarantee
(MAG) and Percentage of Gross Sales (PGS) will be related to the
estimated annual gross sales as set forth herein. The highest and best
proposal will be that proposal which, based upon the estimated AGS, will
produce the greatest revenue to the City.
Example #1 - Estimated Annual Gross Sales (AGS) $150,000
Proposal No. 1:
Minimum Annual Guarantee (MAG - $15,000)
Percentage of Gross Sales (PGS) 10%
Proposal No. 2:
Minimum Annual Guarantee (MAG - $15,000)
Percentage of Gross Sales (PGS) 15%
Proposal No. 2 is the highest and best bid. Based on the
estimated AGS, Proposal No. 2 will produce $22,500 revenue to the
City whil Proposal No. 1 will produce only $15,000. The MAG shall be
paid by the operator(s) in twelve (12) equal monthly installments. In
the event the percentage of AGS shall be greater than the MAG, payment
in full of all amounts in excess of MAG shall be due and payable on cr
before January 31 of each year for the preceding calendar year.
Annual Gross Sales (AGS) is defined as the total revenue de-
rived from all sales of commodities or services upon the premises of
whatsoever kind or nature by the operator(s) to the public for use or
consumption on or off the premises during any calendar year.
The proposer shall state the term of the operation that is
required for a successful operation.
The City of Pueblo reserved the right to reject any and all
proposals, to waive informalities or defects in the proposals or to
accept such proposal as it shall deem to be in the best interest of the
City to do so. No proposal for less than 10% of gross sales with a
minimum annual guarantee of $2,400.00 payable in.12 months, payments of
$200.00 will be considered.
PROPOSAL
The operator shall operate the Golf Clubhouse Restaurant &
Lounge. The City will provide the building, furnishings and equipment
as is.
Minimum Annual Guarantee
Percentage of Gross Sales
$
%
(Whichever is greater)
Minimum Term of Operation to 10/31/88
Obtaining a liquor license is a condition of t is id.
(Check one) Yes IV No ( )
B. D. BOND
Enclosed in a seperate envelope is a Bid Bond or Certified
Check in favor of the City, in the amount of $1,000.00, which shall be-
come the property of the City as indemnification in case my bid is
accepted and I fail or refuse to enter into a contract and furnish
surety bonds as required within twenty (20) days after receipt of
Notice of Award.
The proposer must sign his proposal correctly and in ink. If
the proposal is offered by an individual, his name, office and post office
address must be shown. If made by a firm or partnership, the name, office
and post office address of each member of the firm or partnership must be
given. If offered by a corporation, the person signing the proposal must
give the name of the State and business address of the President, Secretary
and the Treasurer. Anyone signing a proposal as agent must file legal
evidence of his authority to do so, and that his signature is binding upon
the firm or partnership.
The undersigned, if awarded the contract, agrees to complete and
file the complete contract and performance bond in quadruplicate within
ten (10) days after such award of contract.
NOTE: PROPOSERS SHOULD ADD ANY CONDITIONS OR QUALIFYING
STAT DIENTS TO THIS BID ON A SEPARATE SHEET OF PAPER, TO BE
SIGNED EXACTLY AS THIS PROPOSAL IS SIGNED AND ENCLOSED WITH
THIS BID. ADDITIONAL CONDITIONS ARE ATTACHED TO THIS BID.
(CHECK ONE) YES NO
The City is exempt from Federal and State taxes. However, the
i
operator(s) is subject to such taxes and the materials used in performing
this contract may not be tax exempt.
OPERATOR, if individual
P ARTNER, if a partnership
f . rr
1 G� i"-
OFFICER AND SEAL, if a C6r oration
BY
T t l e /C
ADDRESS j ly 1
CONDITIONS FOR GOLF COURSE
CLUBHOUSE RESTAURANT
1. DEFINITIONS
The following terms shall apply to this document;
"Golf Course The following portion of the Golf Course Club -
Restaurant
house. All measurements and square footages are
(1)
(2)
(3)
(4)
(5)
(6)
approximate.
Dining Room 29' x 37'
1073
sq.
ft.
Lounge & Storage Room
20' x 20'
400
sq.
ft.
Kitchen & Pantry
15' x 20'
300
sq.
ft.
Entrance Way 8' x 23'
184
sq.
ft.
Hall (from entry way to
ladies restroom door)
4h' x 15;'
69�
sq.
ft.
Addition Storage - None
"Restaurant
Operator"- -
"Operator"
"Restaurant
Operation"- -
"Operation"
2029 sq. ft.
The person(s), firm or corporation to whom a con-
tract shall be awarded by the City for operation
of the Golf Course Restaurant.
All work, including materials, labor, supervision
the furnishing and use of equipment as indicated,
the vending of merchandise and the rendering of
services, and all matters customarily incident and
accessory to a restaurant operation. However, it is
understood that the Golf Pro Shop in the Clubhouse
may be the subject of a separate contract, and in
such event the restaurant and pro shop operations
shall not be related to or accessory to one another
for the purposes of this contract. It is also under
stood that the operator mayor may not be required
to furnish additional furnishings and equipment for
the operation, as the bids and the resultant award
shall indicate Bidder should carefully study the
proposal form and make his bid conform to his own
position and desires so far as the furnishings of
equipment and furnishings is concerned.
Director - The City Manager of Pueblo. Colorado or his authorized
representative.
City - City of Pueblo
2. GENERAL DESCRIPTION AND SCOPE
The scope of the work to be performed is the furnishing of a top-
quality restaurant operation for the furnishing of foodstuffs and banquets
to the public and particularly those patrons of the public links golf
course at reasonable prices and under such standards of operation as to
assure prompt and courteous service to the patrons and at the same time
assure a fair return to the operator.
The privilege to•be granted gives the operator the right to sell
small novelties, foodstuffs of all kinds, tabacco and tobacco products,
soft drinks and beverages and for no other purposes. Alcoholic beverages
may be served in the event the Local Licensing.Authority for the City of
Pueblo approves such license.
The privilege granted by this agreement shall not be deemed to
be an exclusive right or franchise within the public facility or park
wherein such operation is located, and the City reserves the right to
conduct or operate or permit the operation of other operations within the
same public facility or park.
3. STANDARDS OF SERVICE
(a) The operator shall serve only recognized standard beverages,
delivered in bottles or cans or dispensed through machines in the restaurant
building. No bottles or glasses shall be permitted to be taken from the
building by the customers.
(b) The operator shall serve only good, pure, wholesome food
and drinks; and at reasonable prices based on prevailing prices for like
commodities elsewhere in the community.
(c) The operator at all times shall keep the service counters
and tables clean, and shall keep any.surface for cooking, preparing or
serving food immaculately clean. Floors shall be kept clean and, unless
carpeted, shall be mopped daily by the operator. The decision of the
Director as to the cleanliness of these areas shall be final and the
operator shall adhere to all orders of the Director respecting the same.
The operator will adhere strictly to all pure food laws and ordinances
as adopted or promulgated by the State of Colorado, the City of Pueblo,
,
and the Pueblo City- County Health Department, and the operator will
otherwise at all times abide by the rules and regulations of the Dir-
ector and the City of Pueblo as herein set forth.
(d) Unless otherwise specified in the Special Provisions the
operator shall be open for the reasonable accommodation of the public
during hours and times approved by the Director.
k;
(e) The Director shall have the power to condemn and remove
all sub - standard or contaminated foodstuffs or commodities stored or
displayed by the operator. Such rejected items shall be removed from
the premises without charge to the City. If the operator does not re-
move such items forthwith, the City may remove them, upon giving written
notice of its intention to do so, and charge the expense to the operator.
4. RENTAL PAYMENTS -- STATEMENTS OF REVENUE
Rental shall be in such amount as shall be set forth in the
Operator's Proposal. All rental payments shall be made monthly and
shall be paid to the Director of Finance of the City of Pueblo in his
office at City Hall on or before the 15th day of each month. The monthly
payment shall be based upon 1 /12th of the Minimum Annual Guarantee, with
annual adjustments, as set forth in the proposal form.
5. LIMITS OF OPERATION; EXCEPTIONS
The restaurant operator shall be limited to the specific area
designated herein and shall not peddle or hawk his wares in any other
portion of the building or grounds wherein the operation is located.
However, the operator may place vending machines in other parts of the
building with the consent of the Director and the lessee or operator of
other parts of the building. On special occasions, however, such as July
4, Labor Day, Golf Tournaments and the like, the Director may permit the
operator to accommodate large crowds and additional patronage by setting
up tables and dispensers outside the Clubhouse in such location as the
Director shall indicated in writing. The permission of the Director for
such expanded operation should be obtained at least five (5) days in
advance. Such permission may be granted for a maximum of three consecutive
days in any seven -day period. In the event of separate operations the
Restaurant Operator will be permitted to vend beverages, tobacco goods
and foodstuffs from snack houses or starter's houses which will be lo-
cated near the nine -hole course. Exact size and location of such houses
shall be determined by the Director at a later date.
6. LIQUOR LICENSE
Proposals submitted may be made expressly contingent upon
the operator receiving a liquor license. However, it is clearly
understood that the City cannot guarantee the issuance of a liquor
license. Further, it is clearly understood that the loss of a liquor
license or refusal to renew liquor license, once granted, shall not be
considered as cause for termination of this contract by the Restaurant
Operator.
GENERAL CONDITIONS
If any person contemplating submitting a bid for this contract
is in doubt as to the true meaning of any part of the contract documents,
he may submit to the Purchasing Agent of the City of Pueblo, Colorado,
a written request for an interpretation thereof. The person submitting
the request will be responsible for its prompt delivery. Any interpreta-
tion of the documents will be made only prior to closing time and by
written addendum duly issued or delivered to each person receiving a set
of such documents. The City will not be responsible for any other ex-
planations or interpretations of the documents.
1. NON- DISCRIMINATION
All operations under this contract, or any separated or severable
portion thereof, shall be conducted without discrimination.
2. PHYSICAL FACILITIES MAINTENANCE: SITE EXAMINATION
The City will furnish the building.
All exterior maintenance of the building shall be the City's
responsibility, including maintenance of roof, painting of exterior
woodwork, etc. All interior maintenance shall be the operator's respon-
sibility and shall include: Complete repainting at least once a year or
more often as may be needed; washing of all windows, inside and out, at
least weekly during active occupancy by the operator's); service windows
and entrance doors shall be washed daily, or more often as required.
For purposes of this contract, doors and windows (including the sash,
sill frame and glass therein) shall be included as within the interior
of the Clubhouse, and any damage thereto shall be repaired or replaced
at the sole cost and expense of the lessee. The City reserves the
right to remodel or repaint the interior of the Clubhouse or any por-
tion thereof at its own expense.
The operator(s) shall inform himself of the conditions which
will be in existence at the building before submitting his proposal and
no allowances shall be made by reason of any matter or thing concerning
which he might have fully informed himself prior'to the opening. No
operator(s) will be heard after the opening to assert that there was
any misunderstanding as to the nature of the operation expected.
3. CONDITIONS
Each bidder is expected to base his proposal upon the minimum
conditions set forth in these documents and such other specific con-
ditions as the bidder shall propose, and in the event he contemplates
an operation not specifically permitted herein, he will be required to
revise his operation to fully conform. Before submitting a proposal,
each bidder should read the complete set of documents, all of which
contain the minimum provisions the City will permit.
4. REQUIRED INFORMATION
(a) Address of bidder's permanent place of business, if other
than the clubhouse.
(b) Statement listing operations of a similar nature which
bidder operated or was engaged in a responsible capacity.
(c) Any additional information the City may require in order
to be assured that the bidder is able and prepared to carry out the pro-
posed operation upon which a bid is submitted.
5. PREPARATION OF PROPOSALS
(a) Each proposal shall be securely sealed in an envelope marked
"Proposal- -Golf Course Restaurant & Lounge ", and delivered to the office
of the Purchasing Agent of the City of Pueblo, City Hail, Puetlo, Colorado,
at or before the time stated in the Advertisement.
(b) Proposals shall be made on forms provided by the City and
included as a part of these documents. The bidder shall stipulate in
his proposal any conditions not contained in these contract documents.
Additional sheets may be used if required.
(c) The City reserves the right to waive any informality in
proposals.
(d) The City reserves the right to reject any or all proposals,
or any or all parts of proposals.
(e) No proposal shall be considered as an acceptance of an
offer made by the City. All proposals shall be deemed offers which give
rise to no contractual obligation on the part of the City until accepted
by it by the execution of a formal contract.
6. SECURITY
(a) No proposal will be received unless accompanied by a cashier's
check, postal money order, bid bond or other suitable collateral, in the sum
of One Thousand and no /100 Dollars ($1,000.00), payable to the City as a
guarantee that if the operator's offer is accepted, the operator will exe-
cute and file the agreed contract and bond within the stipulated time from
the date of the award of the contract. On failure of the operator to exe-
cute the contract and bond, he shall forfeit said bond or deposit as
liquidated damages, and the acceptance of the bid will be contingent upon
the fulfillment of this requirement by the operator.
(b) The security of the three best proposals for the contract
may be held until the contract is executed and approved and then returned
to the operators. The balance of securities submitted will be returned
within seven (7) days after the opening of proposals.
7. SIGNING OF PROPOSALS
(a) 'Proposals which are not signed by individuals making them
should have attached hereto a power of attorney evidencing authority to
sign the proposal in the name of the person for whom it is signed.
(b) Proposals which are signed for a co- partnership should be
signed by all of the co- partners or by an attorney -in -fact. If signed by
an attorney -in -fact, there should be attached to the proposal a power of
attorney evidencing authority to sign the proposal.
(c) Proposals which are signed for a corporation should have
the correct corporate name therof signed in handwriting or in typewriting
and the signature of the president or other authorized officer of the cor-
poration should be manually written below the written or typewritten
corporate name following the word "By
a
Title
(d) If proposals are signed for any other legal entity, the
authority of the person signing for such legal entity should be attached
to the proposal.
8. MODIFICATION, WITHDRAWAL, DUPLICATE
(a) Modification of proposals already submitted will be permitted,
provided such modification be in writing and transmitted to the Purchasing
Agent of the City prior to closing time. The City reserves the right to
permit modifications -after closing time, provided no such modification
shall alter the rent required to be paid.
(b) Any operator may withdraw his proposal at any time prior
to the closing time, but no proposal shall be withdrawn after closing time
until a contract has been executed by the successful operator. 'Negligence
or mistake on the part of the operator shall not constitute a right to
withdraw after closing time. Any proposal received after closing time will
be returned unopened.
9. ALTERNATE PROPOSALS
An operator may submit as many alternate proposals as desired
All proposals shall be made on the proposal form provided.
10. AWARD OF CONTRACT
(a) The proposal of the best, reliable and responsible operator
may be accepted by the City within thirty (30) days from date of opening
of said proposals. Failure to accept such proposal within thirty (30) days
shall be deemed a rejection of all offers.
(b) The proposal shall be deemed to have been accepted when
written "Notice of Award" shall have been duly served upon the intended
awardee (i.e., the operator to whom the City contemplates awarding the
contract) by the Purchasing Agent of the City.
11. EXECUTION OF CONTRACTS AND BONDS
(a) The successful operator shall enter into a written contract
agreement with the City. Such contract agreement shall be subject to the
Charter of Pueblo and the Code of Ordinances, City of Pueblo.
(b) Each contract must be executed in four (4) original counter-
parts and no more and there shall be executed original counterparts of the
contractor's performance bond in equal number to the executed original
counterparts of the Contract. Two copies of such executed documents will
be retained by the City and two copies will be delivered to the operator.
The successful operator must provide insurance as outlined herein. The
costs of executing the bonds and contract and insurance including all
notarial fees and expense, are to be paid by the operator.
12. CONTRACT SECURITY
The operator shall furnish a good and sufficient performance
bond on the form attached hereto in an amount not less than Five Thousand
Dollars ($5,000), as security for the faithful performance of the contract
and for the payment of all persons performing labor and furnishing equip-
ment and provisions in connection with the operation. If, at any time
during the continuance of the contract, a Surety on the operator's bond
or bonds becomes irresponsible, the City shall have the right to require
additional and sufficient sureties which the operator shall furnish within
ten (10) days after written notice to do so. In lieu of corporate or per-
sonal sureties, the City will accept a cash deposit or cash on deposit in
any banking or savings institution under an escrow agreement whereby such
deposit shall be payable to the City of Pueblo in the event of default by
the operator upon the condition as set forth in said bond.
13. VERBAL AGREEMENTS
No verbal agreement or conversations with any agent or em-
ployee of the City either before'or after execution of the contract, shall
affect or modify any of the terms, or obligations contained in any of the
documents comprising this contract.
14. ASSIGNMENT
The operator shall not assign or sublet this agreement, or any
right, privilege or interest thereunder, including the sale or transfer
of stock in any corporation, directly or indirectly, without the written
permission of the City Council.
15. OTHER OPERATIONS
The operator shall conduct the privilege granted to him with-
out infringement upon the rights of others; he shall not engage in any
business or sell any commodity upon, in or around, the golf course, the
clubhouse, or the park in which the operation is located upon other than
as expressly stipulated in this agreement; and he shall confine all his
operations to the space specified in his proposal and award. At all times
the operator shall cooperate so as not to interfere in the holding or
carrying on of any event within said golf course or park and shall not
permit unnecessary noise or annoyance to those participating in any
event or attending said golf course.
16. INDEMNITY
The operator releases the City, its representatives, employees,
and agents from any and all liability for loss and /or damage to the
property and merchandise of the operator. Risk from fire, theft, or other-
wise, of operator's property rests with the operator. Operator agrees to
indemnify and save harmless the City, its agents, representatives and em-
ployees from any acts of commission or omission for which the operator is
liable and arising out of his operation hereunder and will reimburse the
said City, its agents, representatives and employees, for any claims, loss,
damages, judgments and expenses which the said City, its agents, represen-
tatives and employees may incur under such circumstances.
17. INSURANCE -- PUBLIC LIABILITY AND PRODUCTS
The operator shall carry, at his own expense, public liability
and products liability insurance in the amount of $100,000 for one injury
and $300,000 for one accident together with property damage insurance in
the amount of $100,000 and necessary and sufficient workmen's compensation
insurance to cover his employees, and to protect all parties to this agree-
ment and which insurance policies are to be approved by the City Attorney.
The operator shall file certificates of said policies with the City Clerk,
and such insurance shall be subject to the City's approval for rating of
the insurance company and adequacy of protection.
18. INSURANCE - -FIRE, ETC.
The City maintains fire and extended coverage insurance on the
building and on all City -owned property within the building but not on the
property of the operator. Operator shall and will purchase insurance of
such amounts and types as necessary to protect himself and his equipment
against loss by fire, extended coverage, vandalism, and such other exposures
as operator may deem necessary.
19. PERMITS AND LICENSES
The Operator shall procure, supply and post, at his own cost
and expense', in places to be designated by the City, all the permits and
licenses necessary to be procured for the carrying on of the operation,
and shall pay at his own expense all taxes assessed or levied against his
business or merchandise. No allowance or reduction in the consideration
herein shall be made to the operator for times during which he is not
open for business, except as herein set forth.
20. RESIDENT MANAGER
The operator shall be in constant daily personal supervision of
his operation or he shall name to the Director, in writing, a resident
manager who shall be in constant daily personal supervision of the oper-
ation. All orders of the Director or notices of the City may be served
upon such resident manager with the same effect as though personally
served upon the operator.
21. EMPLOYEES
It is clearly understood that the operator shall be an independent
contractor and shall not be deemed an employee of the City. The operator
shall employ and compensate such employees as may be necessary for the ef-
ficient operation and management of his operation at the sole expense of
the operator. It is fully understood that such employees are solely the
employees of the operator and no contractual obligation or relationship of
employer- employee shall exist between such employees and the City.
Each of operator's employees, while employed upon the premises,
shall wear a uniform of such style and color as may be approved by the
Director at the expense of the operator or his employee, and shall at all
times be clean, neat and pressed, and all employees and representatives
shall comply with all the rules of the Director for cleanliness of persons
and courtesy toward the patrons, the public, and other employees. All
employees of the operator shall be of proper working age, and the operator
shall comply with all the laws, rules and regulations as an employer, and
particularly but not limited to, the labor law and the workmen's compen-
sation law. The operator shall employ none but competent employees in the
conduct of their work. The operator shall at all times enforce strict
discipline and good order among his employees. The Director shall have the
authority to order the removal from the premises of any operator's employee
who refuses or neglects to observe any of the provisions of this contract;
or who is incompetent, unfaithful, abusive, threatening, or disorderly in
his conduct, and any such person shall not again be employed without per-
mitsion of the Director.
22. AUTHORITY OF DIRECTOR
(a) The Director shall decide all questions which may arise as
to the fulfillment of the contract on the part of the operator and his de-
cision thereon shall be final and conclusive. He shall have the authority
to reject all commodities and services which do not meet the standards re-
quired by this contract and to decide questions which arise in the perform-
ance of the contract.
(b) If, in the opinion of the Director, the service being per-
formed by the operator is in violation in any way with the terms of the
contract, he shall forthwith make demand upon the operator to cease said
vi of ati on.
(c) The Director shall, upon presentation to him make prompt
decisions in writing on all request of the operator and on all other matters
relating to the performance of the contract or the interpretation of the
contract documents. All such decisions of the Director shall be final.
23. INSPECTION
!' The Director shall at all times have access to all areas used by
the operator.
24. USE OF SITE
(a) The operator will furnish all necessary equipment for his
own use not otherwise furnished by the City, and shall confine the same to
the premises described in the proposal and award. Operator's equipment
shall be located as not to disturb or alter the exterior or interior ap-
pearance of the building.
(b) The operator shall make no alternations, changes or revamping,
moving, or remodeling of the premises, without authorization in writing
therefor signed by the Director, and in addition thereto, shall'obtain all
permits required for such work under the ordinances of the City of Pueblo
or laws of the State of Colorado. The operator will not load or permit any
part of the premises or structure to be loaded or stored with a weight that
will endanger its safety. The operator shall not overload any utility line,
receptacle, valve or outlet in such a manner that will endanger the safety
of the building or of any person.
(c) The operator shall furnish all utilities for his operation
without expense to the City. Any additional outlets, circuits or connections
required by the operator shall be approved by the Director and shall be in-
stalled at operator's expense.
(d) All storage of materials and equipment shall be within the
premsies described in this contract. No empty bottles, crates or containers
shall be stored outside the building.
(e) The operator will be responsible for any and all damage to
✓,
property, public or private, that may be caused by his operations in the
performance oe this contract, and the operator shall defend any suit that may
be brought against himself or the City on account of damage resulting from
his operations, and shall pay any judgments awarded to cover such damage.
(f) The operator shall not allow any person to live or sleep
on the premises without the permission of the Director first had.
25. CLEANUP AND MAINTENANCE
(a) The operator shall keep the areas used or occupied by him
clear of broken glass, debris, and garbage, and shall remove the same daily
at his expense. Except as herein provided, the operator shall clean the
grounds within fifty (50) feet of that portion of the clubhouse building
used or occupied by him, furnish waste receptacles for the convenience of
the public near those portions of the building used or occupied by him,
and make his own arrangements for the disposal of all garbage and refuse
generated on the premises by himself or his customers.
(b) The operator shall be responsible for the maintenance of
all plumbing in the area used or occupied by him. All water valves shall
be kept in good repair to avoid waste of water. All sanitary sewers from
the clubhouse to the main line shall be kept clean and rodded and free of
leaks and accumulation of grease or wastes. All sewage disposal mechanisms
shall be kept in good working condition at all times and shall be used in
compliance with manufacturer's instructions. In the event replacement or
repair of water and sewer lines and appliances or attachments shall be nec-
essary, the operator shall be responsible for such replacement or repairs
within the building and exterior walls of the clubhouse and the City shall
be responsible for such repairs or replacements outside the exterior walls
of the clubhouse.
The City reserves the right to enter the premises of the operator
at any reasonable time for the purpose of making repairs to the building
for the proper preservation and maintenance of the building.
26. MONTHLY REVENUE STATEMENTS
The operator agrees to keep and maintain accurate books and records
and to provide necessary information as requested by the Finance Department
to determine the annual gross sales. The Finance Director may, at his
discretion „ examine operated books and records and request use of
accounting procedures by the operator in accordance with accepted
accounting practice as he deems necessary.
27. CONDITION UPON TERMINATION
At the termination of this contract, operator shall surrender
said premises and appurtenances thereof and equipment and fixtures in-
cluding replacement equipment and fixtures to the City in an good
condition as they are at the time of execution of this lease, natural
wear and tear from a reasonable use thereof, and damages or destruction
of the premises by Act of God, the public enemy, fire or unavoidable
accidents, excepted.
28. TIME OF ESSENCE
Time is of the essence of this agreement and of each and every
provision therof, and waiver hereof by the City, whether expressed or im-
plied, shall not be construed as a waiver of any future violation of the
same or any other provision of this lease.
29. TERMINATION FOR CAUSE
In the event of the bankruptcy or insolvency of the operator,
�• or in the event of violation of any of the covenants or agreements herein
to be performed by the operator or his assigns, it shall be lawful for
the City at its election, upon ten days written notice addressed to the
operator at the address given by him on these documents to declare this
agreement terminated and to re -enter in the possession of the premises
or any part thereof including the possession of all fixtures and fur-
nishings with or without further demand or notice or process of law, and
to remove and expel there from the operator or any person or persons
occupying the same, and to have the use and enjoyment of said premises
as in its first and former estate. If at any time this agreement shall
be terminated in the manner, aforesaid or in any other manner, the op-
erator covenants and agrees immediately to surrender and deliver up the
possession of said premises, including all fixtures and furnishings,
peaceabley to the City; provided, however, that in the event said de-
fault is of a minor nature and can be cured by the operator to the
satisfaction of the City within seven days from the receipt of said notice,
then this agreement shall not be terminated.
30. LIQUIDATED DAMAGES
In the event the operator shall voluntarily terminate the oper-
ation without fault of the City, or in the event the operation shall be
terminated by the City for cause, it is agreed that the operator shall
pay to the City a sum equal to 10% of the last 12 months gross revenues
realized by the operation, without consideration for percentage payments
made or credited toward any deferred payments, and that such payrpent shall
be deemed liquidated damages and not a penalty, and the performance bond
shall be security for such damages. Death, bankruptcy or failure of the
j
operator to comply with
any of these
conditions required by the City shall
be considered cause for
termination
by the City.
31. OPERATOR'S RIGHT TO TERMINATE CONTRACT
If the operator shall be prevente from doing business under an
order of Court, or other public authority, for a period of three (3)
months, through no act or fault of the operator or of any one employed by
him, then the operator may, upon ten (10) days written notice to the City,
terminate the contract and remove all furnishings and fixtures placed by
the operator upon the premises.
CXOrd
NAME AND ADDRESS OF AGENCY
Steel City Agwncies, I nc.
P. 0. Box 815
Pueblo, CO 81002
NAME AND ADDRESS OF INSURED
I & W Enterprises, A Colorado Corp.
3406 Thatcher
Pueblo CO 81005
COMPANIES AFFORDING COVERAGES
COMPANY e
LETTER A
COMPANY B
LETTER B
COMPANY
LETTER
COMPANY D
LETTER
land Casualtv Co
I COMPANY E
LETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstandi
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies
1 a ... ,4i+i „f .—H
lirement, term or conaltlon
herein is subject to all the
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to maillO days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Pueblo
230 S. Mechanic
Pueblo, CO Attn:
Art Croissant
DATE ISSUED: June iU 1 vx i
Steel Cit AUIHORI D TIVE
y Agencies,
ACORD 25 (1 -79)
Limits of Liability in Thousands
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY INJURY
$100
8 300
COMPREHENSIVE FORM
❑x PREMISES- OPERATIONS
PROPERTY DAMAGE
$100
$ 100
A
❑ EXPLOSION AND COLLAPSE
Binder (No. to Follow)
7 -1 -82
HAZARD
❑
UNDERGROUND HAZARD
x❑ PRODUCTS /COMPLETED
OPERATIONS HAZARD
CONTRACTUAL INSURANCE
BODILY INJURY AND
PROPERTY DAMAGE
$
$
® BROAD FORM PROPERTY
COMBINED
DAMAGE
❑
INDEPENDENT CONTRACTORS
PERSONAL INJURY
$
® PERSONAL INJURY
AUTOMOBILE LIABILITY
BODILY INJURY
$
(EACH PERSON)
❑ COMPREHENSIVE FORM
BODILY INJURY
$
❑
(EACH ACCIDENT)
OWNED
PROPERTY DAMAGE
$
❑ HIRED
A
NON -OWNED
Binder (No. To Follow)
7 -1 -82
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
❑ UMBRELLA FORM
PROPERTY DAMAGE
$
$
❑ OTHERTHAN UMBRELLA
COMBINED
FORM
WORKERS' COMPENSATION
STATUTORY
and
$
EMPLOYERS' LIABILITY
(EACH ACCIDENT)
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to maillO days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
City of Pueblo
230 S. Mechanic
Pueblo, CO Attn:
Art Croissant
DATE ISSUED: June iU 1 vx i
Steel Cit AUIHORI D TIVE
y Agencies,
ACORD 25 (1 -79)
CERTIFICATE OF INSURANCE
i0 GpL
,� p issued by the
STATE COMPENSATION INSURANCE FUND
TO WHOM IT MAY CONCERN:
This is to certify that this department has issued a Standard Workmen's Compensation and Employer's
Liability Policy as described below covering the liability imposed upon subject employers by the Work-
men's Compensation Act of Colorado and the Colorado Occupational Disease Disability Act, said policy
being in good standing as of this date.
July 1 1981
POLICY NUMBER: 129595 -2
POLICY PERIODS 7/1/81 — 7/l/82 Annual Renewal
INSURED:
I & W Enterprises, A Colorado Corporation DBA
City Park Golf Course Restaurant & Lounge
3406 Thatcher
Pueblo, Colorado 81005
DATE OF ORIGINAL ISSUE: 7/l/81
All policies are subject to the following provision of the Workmen's Compensation Act with respect to
cancellation:
Section 8 -54 -114. If any employer shall be in arrears for more than twenty days in any payment required
to be made by him to the State Compensation Insurance Fund as provided by this Act, he shall by virtue
of such arrangement be in default of such payment and any policy issued to him by said Fund shall there-
upon be cancelled without notice as of the effective date or renewal date of said policy.
STATE COMPENSATION INSURANCE FUND
9 Kto ( 7
SUPERVISOR OF UNDERWRITING