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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