HomeMy WebLinkAbout5333RESOLUTION NO. 5333
A RF'SOLUTION APPROVING A LEASE AND OPERATING
AGRF.FMFNT RFTWFPN PUEPLO, F, MUNICIPAL,
CORPORATION, AND I & T +; FNTFRPRISFS,
LESSEE, AND A.UTHORI7ING THE PRF'SIDFNT OF
THE COUNCIL TO EXFCUTF SAME
BF IT RESOLVED PY THE CITY COUNCIL OF PUEBLO, COLORADO,
teat.
SECTION 1.
A certain Lease and Operating Agreement dated the 1st day
of march, 1984, copy of which is attached hereto and made a part
hereof by reference, after having been approved as to form by the
City Attorney, by and between PUEBLO, A MUNICIPAL CORPORATION, and
I & W ENTERPRISES, relating to a Lease for the operation of the
dining room, bar, kitchen, and storage space, located in the
Terminal Buildinq at Pueblo Memorial. Airport, be and the same is
hereby approved; subject to the conditions as set forth in said
Lease and Operating Agreement.
SUCTION 2.
The President of the Council is hereby authorized to
execute said Lease and Operating Agreement on behalf. of Pueblo, a
Municipal Corporation, and the City Clerk shall affix the seal of
the City thereto and attest the same.
SECTION 3.
All net proceeds derived from said Lease and Operating
Agreement will be usesO, for the operation, maintenance and improve-
ment of the Airport.
INTRODUCED February 13 1984
By REIMAR VON KALBEN
Councilman
APPROVED
. si ent thfe City Council.
ATTEST:
C'
C t Clerk
f
DEFINITIONS
DIRECTOR OF AVIATION - person in charge of the Airport for the
Lessor, his assistant or duly authorized agent.
GROSS REVENUES - As used herein, the term "Gross Revenues" shall
mean and include all money or other things of value received by
or paid to Lessee, or to others for Lessee's use and benefit, or
to Lessee's sublessees, subcontractors and concessionaires, and
all credit extended by Lessee or said other persons (regardless
of whether collection is made) in connection with any and all
business conducted by Lessee or said other persons in and about
the Leased Premises, including (but without in any wise limiting
the foregoing) the sale of merchandise of whatever kind and
character for which any compensation is received or is payable,
whether such sales or services are made, performed or furnished
by vending machines or other mechanical devices or otherwise;
provided, however, that in the computation of Gross Revenues the
following shall be excluded to -wit:
(1) Sales or use taxes on the sale, performance or furnish-
ing of any service or merchandise which are by law required to be
imposed on and paid by the consumers thereof and are required to
be separately stated.
(2) Meals to employees of Lessee when such are part of the
compensation given by Lessee to such employees for services rendered
in and about the Leased Premises.
(3) Sales of Lessee's furniture, furnishings, fixtures, and
other improvements to or from the Leased Premises to or from any
other premises of Lessee.
(4) Federal entertainment taxes on the furnishing of any
entertainment where such taxes are by Federal Law required to be
imposed on and paid by the customers to whom such entertainment
is provided and are required to be separately stated.
(5) Gratuities or "Tips" paid to employees if such gratuities
or tips are not received by such employees for the benefit of
Lessee or required to be paid by such employees to the Lessee.
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PUEBLO MEMORIAL AIRPORT
LEASE AND OPERATING AGREEMENT
RESTAURANT
THIS INDENTURE MADE AND ENTERED INTO this lst
day of March , 19 84 , between the CITY OF PUEBLO, A
MUNICIPAL CORPORATION, hereinafter referred to as the "LESSOR"
and I &W ENTERPRISES
hereinafter referred to as the "LESSEE"
WITNESSETH:
That in consideration of the payment of rent herein-
after provided and the keeping and performance of the covenants
and agreements of the Lessee, as hereinafter set forth, Lessor
has and does hereby lease unto the Lessee the terminal area
located at Pueblo Memorial Airport, Pueblo County, Colorado
(herein "Airport ") described in Exhibit "A" attached hereto and
incorporated herein as if set out in full (herein "Property"
or "Leased Premises ") for the sole purpose of conducting a
restaurant business thereon for a term of five (5) years from
March 1, 1984 to February 28, 1989.
Lessee shall have the immediate exclusive and entire
use and occupancy of the dining room, bar, kitchen, and storage
space.
I. RIGHTS AND PRIVILEGES OF LESSEE
A. Lessee shall engage in and conduct said concession
operation at and on the Property for the convenience of patrons
and tenants of the Airport and the general public desiring such
services at the Airport; which right, without limiting the gener-
ality hereof, shall include:
B. The right, subject to necessary licensing, to serve food,
soft drinks and alcoholic beverages, and other items pertaining
to the operation of a restaurant and bar concession. In addition,
the right to sell tobacco products, ice cream products, gum,candies
and similar items commonly offered for sale at a restaurant and
bar concession.
IWZ
1. Newspapers, periodicals, gifts, souvenirs, post
cards, and similar items shall not be sold or vended by
Lessee.
C. The non - exclusive right to provide in- flight food
service to scheduled and supplemental airlines, private and
executive aircraft who have requested said services of Lessee,
and the right to prepare food on the premises and deliver, or
cause to be delivered, to and for the purpose of consumation else-
where.
D. The right to use and operate equipment owned by Lessor
and shown in Schedule "C" attached hereto and made a part hereof.
E. The right to equip, install, operate and maintain on
the Airport premises, at Lessee's expense, advertising facilities;
provided, however, that in all cases the number, size, location,
general type and design, and the method of installation shall be
subject to the prior approval of the Director of Aviation. This
limitation shall apply to and include all signs, placards, posters,
or other forms of identification or advertising media, installed,
placed upon, or affixed to the Property.
F. The right, subject to prior approval of the Director of
Aviation of the plans and specifications, location and inspection
thereof, to make improvements, modifications, revisions and other
alterations to the Property. Cost of such improvements, modifica-
tions, revisions and alterations shall be borne solely by Lessee.
Upon termination of this Lease, all such improvements, modifications,
revisions or alterations shall become and remain the property of
the Lessor.
G. Lessee, its employees and invitees shall have the right
of ingress and egress between the main entrance of the Airport as
the same now exists or may hereafter be relocated and the Property
over, upon and thru such streets and no other as from time to time
shall be designated by the Director of Aviation.
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H. The General Provisions consisting of paragraph 1
through 18, attached hereto as Exhibit "B" are incorporated herein
and shall be binding upon and inure to the benefit of Lessee and
Lessor as if set out herein in full.
II. RIGHTS AND PRIVILEGES OF LESSOR
A. All rights not herein granted to the Lessee are reserved
to Lessor, and Lessor, in addition to any rights otherwise retained
by it, reserves the following rights; to -wit:
B. Lessor reserves the right to require Lessee to make any
adjustments deemed necessary to improve the appearance, or quality
of service rendered in connection with its operation.
C. It is further understood and agreed that this Agreement
is subject to the written prior approval of the Federal Aviation
Administration and that the provisions hereof cannot be modified
without prior written approval by said Federal Aviation Administra-
tion.
III. OBLIGATIONS OF LESSEE
A. It shall be the obligation of Lessee to continuously
operate and conduct the restaurant business as herein set forth
in a first class manner, and to maintain the Property at all times
in a safe, clean, orderly and attractive condition.
B. Lessee, its officers, employees, agents or servants
shall, at all times, comply with the Federal Pure Food and Drug
Laws, Health Rules and Regulations, and other applicable laws
and regulations of the United States Government, and the State of
Colorado, and all applicable ordinances, codes and regulations of
the City and County of Pueblo, including the rules and regulations
governing the operation of the Airport.
C. All food, beverages, confections and other items sold
and kept for sale under the concession shall be of high quality,
wholesome and pure and the service shall be prompt, attractive,
clean, efficient and courteous. Violation of any provision of
this paragraph by Lessee, its officers, employees, agents or
servants shall cause this Agreement to be subject to cancellation
EEO
by Lessor, if not corrected immediately upon written notification
by the Director of Aviation.
D. Except as otherwise specifically provided herein,
Lessee shall pay all costs of operating the restaurant business
and maintaining the Property, including without restriction because
of enumeration, necessary personnel, all licenses, permits or
other similar authorizations as required under federal, state or
local laws and regulations, insofar as they are necessary to comply
with the requirements of this Lease and the rights and privileges
extended hereunder. Lessee shall pay all taxes or assessments
that may be levied against its personal property situated on, or
within, the leased premises or otherwise within the confines of
the Airport.
E. Lessee shall, at its sole expense, maintain and keep
the leased premises, and any improvements thereto, in good
condition, appearance, and state of repair, provide all supplies,
all interior building maintenance and custodial service for the
leased premises, it being expressly understood that Lessor shall
provide only for exterior maintenance and repairs to the exterior
of the Property.
If Lessee should fail to keep and maintain the leased
premises or improvements thereon in such good order and repair as
is reasonably required, Lessor may enter the leased premises,
without such entering causing or constituting a termination of
the Lease, or an interference with the possession of the premises
by Lessee, and perform the necessary maintenance and /or restoration
to the leased premises to the condition required by the Lessor,
the cost of which shall be borne solely by Lessee. All such costs
shall be paid by Lessee to the Lessor in addition to rents.
F. The Lessee shall, at its own expense, keep the leased
premises neat, clean, safe and orderly at all times, free of waste,
rubbish and debris, and shall provide a complete and proper
arrangement for the sanitary handling and disposal of all trash,
garbage, and other refuse resulting from its activities at the
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Airport. All trash, garbage and other refuse shall be out of
view of the public.
G. Lessee shall pay all utilities supplied to and used in
the leased premises, and shall enter into separate agreements with
the utility organizations for metering such services; except that
the Lessor shall furnish at its expense water for the leased
premises on a twenty -four hours per day basis. Cost of heat and
air conditioning shall be borne solely by Lessee.
H. Lessee shall at all times retain an active, qualified,
experienced and competent manager to supervise the restaurant
business who shall be authorized to represent, act for and on be-
half of the Lessee.
Lessee's personnel shall be courteous, efficient, clean
and neat in appearance, and shall be trained and qualified to
perform any and all services to the public required or contemplated
under the terms of this Agreement.
Lessee shall not employ any person or persons in or
about the leased premises who shall use improper language, or act
in a loud, boisterous, or otherwise improper manner.
I. Lessee agrees, except as may be otherwise provided in
other contracts entered into between the Lessor, Lessee will not
engage in any business at the Airport other than that which is
expressly authorized herein.
J. The Lessee agrees to indemnify, defend, and save the
Lessor, its agents, officers, representatives and employees harm-
less from and against any and all penalties, liability or loss
resulting from claims of court action, whether civil, criminal or
in equity, and arising directly or indirectly out of acts of the
Lessee, its agents, employees or servants.
K. Lessee shall repair all damages to said premises caused
by its officers, employees, invitees, agents or patrons in its
operation thereon.
Q-M
L. Period of Operation
1. Except as herein set forth the dining room shall
remain open for services to the public seven (7) days per
week during the hours of 6:00 A.M. to 9:00 P.M., with
adequate service to meet the public demand. The Director
of Aviation may require extension of operating hours to
meet anticipated demand.
2. The bar shall remain open for service to the
public during dining room hours of operation; except, that,
the hours of operation of the bar, and the sale of
alcoholic beverages shall be subject to regulations as
provided by the Statutes of the State of Colorado and local
ordinances, rules and regulations, whichever may apply to
the premises under the Agreement.
3. Any change in the minimum hours or days of operation
of said concession is prohibited without the prior written
approval of the Director of Aviation.
IV. OBLIGATIONS OF LESSOR
A. Lessor, at its cost, shall provide water for the leased
premises on a twenty -four hours per day basis, unless conditions
beyond the Lessor's control shall prevent Lessor from so supplying
such water.
B. Lessor shall provide periodic washing of windows on the
outside only.
C. Lessor shall not be responsible for any damage to, or
loss of property of Lessee, its officers, employees, agents,
servants, patrons, or any other person or persons at the Airport,
except when such loss or damage is caused directly by the negli-
gence of Lessor, its officers, employees, agents or servants.
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D. Lessor shall be responsible for general maintenance
repair or replacement of Lessor owned equipment. Lessee is
responsible for weekly check of Lessor owned equipment for
safe and efficient operation. Equipment checks shall be filed
with the Director of Aviation on forms provided by the Lessor.
V. RENTALS AND FEES
A. From and after the effective date and during the term of
the Agreement hereof, Lessee agrees to pay the Lessor on a monthly
basis covering the preceding month, at such places as the Lessor
may designate from time to time, for the use of the premises,
facilities, concession rights and privileges, those rentals and
fees as agreed to and set forth in Exhibit "D" attached hereto
and made a part hereof.
B. Lessee shall make a monthly report to the Lessor at
such places as may from time to time be designated by Lessor, on
a form or forms approved by the Director of Aviation, of all "Gross
Revenues" derived from its operation on the Airport. Said report
to be used as the basis for computation of said rentals and fees.
Said report shall be submitted no later than the tenth (10th) day
of each month for the preceding month, and all rents and fees paid
no later than the fifteenth (15th) day of each month, for the
preceding month.
C. Lessee shall permit the duly authorized representative
of the Lessor to examine Lessee's books at any time during
business hours. All records pertaining to Lessee's operation shall
be kept at the Airport office of the Lessee.
VI. The Lessee by accepting this Lease expressly agrees for
itself, its successors and assigns that it will not make use of
the leased premises in any manner which might interfere with the
landing and taking -off of aircraft from Pueblo Memorial Airport
or otherwise constitute a hazard. In the event the aforesaid
covenant is breached, the Lessor reserves the right to enter upon
the premises hereby leased and cause the abatement of such inter-
ference at the expense of the Lessee.
VII. The Lessee, and all officers and agents of Lessee, hereby
agree to be bound by and subject to all the Police Ordinances of
Pueblo, a Municipal Corporation, at all times while on the Airport,
whether acting in the course of Lessee's business or otherwise, to
all intents and purposes the same as though within the City limits
of Pueblo.
VIII. If Lessee defaults in the payment of rent or any part
thereof or fails to perform or observe any of the conditions and
covenants on its part to be performed or observed hereunder, and
such default or failure shall continue for a period of ten (10)
days after written notice thereof has been given to Lessee by
first class mail addressed to Lessee at its last known address
at Pueblo Memorial Airport, then, in that event, and as often
as same may happen, it shall be lawful for City, at its election,
with or without notice, to terminate this Lease and to re -enter
and repossess the Property, using such force as may be necessary,
and to remove from the Property all personal property of Lessee
without prejudice to any claim for rent or for breach of covenants,
or without being guilty of trespass or forcible entry or detainer.
City is hereby granted a lien and security interest for payment
of rent and damages for breach of covenants upon all Lessee's
goods and personal property which is or may be placed upon the
Property including without limitation business fixtures, equipment,
inventory and proceeds thereof and such lien may be enforced by
the taking and sale of such property in the same manner and as
provided for the disposition of collateral under the Colorado
Uniform Commercial Code.
IX. If the Property is left vacant and any part of the rent
remains due and unpaid, City may, without being obligated to do
so, and without terminating this Lease, retake possession of the
Property and rent the same for such rent and upon such terms as
City may think best, making such changes and repairs as may be
required, giving credit for the amount of rent received less all
expenses of such changes and repairs, and Lessee shall be liable
for the balance of the rent until expiration of this Lease.
Lessee agrees to pay to City all costs, including reasonable
attorney fees, of any action brought by City to recover rent or
other money due and unpaid under the Lease or to recover possession
of the Property, whether such action proceeds to judgment or not.
X. No waiver of any breach of any one or more of the conditions
or covenants of this Lease by City shall be deemed to imply or
constitute a waiver of such breach or of any succeeding or other
breach hereunder. The acceptance of rent by City shall not con-
stitute a waiver of any breach then existing.
XI. If Lessee remains in possession of the Property after
termination of the Lease without written agreement, such possession
shall be deemed to be a tenacy from month to month upon the same
covenants and conditions set forth herein and at a monthly rental
equal to two times the average of the monthly payments payable
hereunder for the prior twelve months.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
PUEBLO, A MUNICIPAL CO PORATION
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By �.
esident off' he ty ouncil
ATTEST:
City Clerk
I & W ENTERPRISES
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APPROVED AS TO FORM:
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EXHIBIT "B"
GENERAL PROVISIONS
1. This Lease is subject and subordinate to the provisions
of any existing or future agreement between City and the United
States Government or any agency thereof relating to the operation
or maintenance of the Pueblo Memorial Airport. The United States
Government has reserved the right of immediate re -entry in, to and
upon the Pueblo Memorial Airport including the Property in the
event of a National Emergency. If such right is exercised, the
Lease shall terminate and Lessee shall immediately quit and vacate
the Property and remove all its property and equipment therefrom.
If the Lease is so terminated, neither City or Lessee shall be
liable or responsible to the other party for any damages or
injury resulting from or occasioned by such termination or on
account of any covenants of the Lease or herein otherwise contained.
2. The terms and provisions of the Lease and these General
Provisions are subject to the provisions of Chapter 1 of Title III
of the 1971 Code of Ordinances by the City in effect at the time
of execution of the Lease or as same may be hereafter amended.
In the event of a conflict between the provisions of said Chapter 1
of Title III and any provision of the Lease or these General Pro-
visions, the provisions of said Chapter 1 of Title III shall control.
3. City reserves for the use and benefit of the public, a
right of flight for the passage of aircraft above the surface of
the property, together with the right to cause in said airspace
such noise as may be inherent in the operation of any aircraft
now known or hereafter used, for navigation of or flight in said
airspace, and for use of said airspace for landing on, taking off
from, or operation on or over the Pueblo Memorial Airport.
4. City reserves the right, without any obligation on its
part to do so, to maintain and keep in repair the landing area
of the airport or other public areas or facilities and to develop,
modify, change, relocate, abandon or improve the Pueblo Memorial
Airport, or any part thereof, as it may determine, in its sole
and absolute discretion, at any time. Lessee hereby releases
and forever discharges City from any and all damages or injuries
resulting from or occasioned by any such actions taken or omitted
to be taken by the City.
5. Lessee in performing its operations or providing services
under the Lease shall: (a) furnish good, prompt and efficient
services; (b) operate and furnish services on a fair, equal and
nondiscriminatory basis to all users thereof; and (c) charge fair,
equal, reasonable and nondiscriminatory prices for each unit of
sale or service, including parts, materials, and supplies, provided,
Lessee may be permitted to make reasonable and nondiscriminatory
discounts, rebates or other similar type of price reductions to
quantity purchasers.
6. The Lessee, as a part of this consideration hereof does
hereby further covenant and agree, as a covenant running with the
property, that in the event facilities are constructed, maintained,
or otherwise operated on the Property for a purpose for which a
Department of Transportation program or activity is extended or
for another purpose involving the provisions of similar services
or benefits, the Lessee shall maintain and operate such facilities
and services in compliance with all other requirements imposed
pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally- Assisted Programs of the Department
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of Transportation - Effectuation of Title VI of the Civil Rights
Act of 1964, and as such Regulations may be amended (herein
"Regulations ").
The Lessee does further hereby covenant and agree, as a
covenant running with the Property, that (a) no person on the
grounds of race, color or national origin shall be excluded
from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of the Property, (b)
that in the construction of any improvements on, over, or under
the Property and the furnishing of service thereon, no person on
the grounds of race, color, or national origin shall be excluded
from participation in, denied the benefits of, or otherwise be
subjected to discrimination, and (c) that the Lessee shall use
the Property in compliance with all other applicable requirements
imposed by or pursuant to the Regulations.
That in the event of breach of any of the above nondiscrimina-
tion covenants, the City shall have the right to terminate the
Lease and to re -enter and repossess the Property and the facilities
thereon, and hold the same as if the Lease had never been made or
issued.
7. Lessee, its officers, agents and employees shall faith-
fully observe all rules and regulations affecting the use of the
Pueblo Memorial Airport or motor vehicles thereon or the use and
occupancy of the Property, whether established by the Director of
Aviation, the City, the State of Colorado, or the United States
or agencies thereof and Lessee's use and occupancy of the Property
and improvements thereon are subject to all ordinances of the City
the same as though the Property and Pueblo Memorial Airport was
located within the jurisdictional limits of the City.
8. Lessee shall indemnify and save harmless the City, its
officers, agents and employees from and against any and all claims,
demands, actions, suits and expenses (including reasonable attorney
fees) of any nature including those based upon injury to persons
including death, or damage to property, including loss of use,
arising out of, caused by, or sustained by the acts or omissions
of Lessee, its officers, agents or employees, or in connection
with the performance of the Lease, or by conditions created there-
by, or by conditions of the Property, or based upon any violation
of any statute, ordinance, or regulation, except those caused by
the negligence of the City, its officers, agents or employees.
9. Lessee shall maintain at its expense during the effective
period of the Lease (a) comprehensive general liability, products
liability, and property damage insurance against liability for
injuries to or death of any person for damage to or loss of property
with limits not less than $500,000 combined single limit per
occurrance, and (b) workmen's compensation insurance with policy
provisions as required by Colorado law. Lessee shall furnish to
City certificates from an insurance company acceptable to City
certifying such insurance to be in force during the effective
term of the Lease. All such insurance shall provide for a minimum
of ten (10) days notice to City in the event of cancellation or
material change in the terms thereof. City reserves the right
to reasonably increase the minimum insurance limits set forth in
(a) above.
10. The Lease and these General Provisions are intended as
the complete integration of all understandings and agreements
between the parties. No prior or contemporaneous addition,
deletion, or other amendment shall have any force or effect what-
soever unless specifically included in the Lease. No subsequent
novation, renewal, addition, deletion, or other amendment to the
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Lease or hereto shall have any force or effect unless embodied
in a written agreement and approved by Resolution or Ordinance
of the City Council of the City.
11. Lessee shall not assign or otherwise transfer the Lease
or any of Lessee's interest therein or sublease the Property or
any portion thereof without the prior written consent of the City
first had and obtained. If Lessee is a corporation or partnership,
a majority interest in the voting stock of the corporation or
majority interest in the partnership shall not be sold or otherwise
transferred without the prior written consent of the City. Any
such assignment, transfer or sublease made without prior written
consent of the City shall be void and ineffective as to the City
and shall constitute grounds to terminate the Lease.
12. In case any one or more of the provisions contained
herein or in the Lease shall be invalid, illegal or unenforce-
able in any respect, the validity, legality and enforceability
of the remaining provisions contained herein or in the Lease
shall not be affected or impaired thereby.
13. Whenever in the Lease or in these General Provisions
any of the Parties hereto is named or referred to, the successors
and assigns of such party shall be deemed to be included and all
the covenants, promises and agreements contained herein or in the
Lease by or on behalf of the Lessee, or by and on behalf of the
City, shall bind and inure to the benefit of the respective
successor and assigns, whether so expressed or not.
14. It is the intention of the parties hereto that the Lease
and these General Provisions and the rights and obligations of
the parties hereunder shall be governed by and construed and en-
forced in accordance with the laws of the State of Colorado.
15. Lessee shall at its expense, throughout the term of
this Lease, maintain and keep in force the following additional
insurance:
(a) Contractual liability insurance to insure the
performance by Lessee of the indemnification agreement of
paragraph 8 hereof.
All such insurance shall provide for a minimum of ten (10)
days notice to City in the event of cancellation, non - renewal
or material modification. Lessee shall provide City with certifi-
cates of such insurance.
16. Neither City nor Lessee shall be liable to the other
for any business interruption or any loss or damage to property
or injury to or death of persons occurring on the Airport, or in
any manner growing out of or connected with the Lessee's use and
occupancy of the Property or the condition thereof, whether or
not caused by the negligence or other fault of City or Lessee,
or their respective officers, agents or employees. This release
shall apply to the extent such business interruption, loss, or
damage to property or injury to or death of persons is covered
by insurance regardless of whether such insurance is payable to
or protects City or Lessee, or both. Nothing herein shall be
construed to impose any other or greater liability upon either
City or Lessee than would have existed in the absence of this
provision. This release shall be in effect so long as the
applicable insurance policies contain a clause to the effect
that this release shall not affect the right of the insured to
recover under such policies. Such clauses shall be obtained by
the parties whenever possible. The release in favor of City
contained herein, is in addition to, and not in substitution for,
or in diminution of the hold harmless and indemnification provisions
hereof.
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17. If Lessee fails for any reason to actively conduct
business on the Property as permitted and authorized under the
Lease for a period of 120 consecutive days or longer, City may
terminate and cancel the Lease upon twenty (20) days prior
written notice to Lessee, provided, that if the Property becomes
untenable because of fire or other casualty not caused by the
fault or negligence of Lessee, the 120 day period shall be extended
by such reasonable time as may be required for Lessee to make
necessary repairs or replacements to the Property.
18. The Lease and any amendment or modification thereto
are subject to the prior written approval of the Federal Aviation
Administration. Lessee agrees to comply with notification and
review requirements of the Federal Aviation Administration prior
to commencement of construction, modification or alteration of
any building or structure on the Property.
M_
RESTAURANT
LEASE AND OPERATING AGREEMENT
CURRENT RESTAURANT INVENTORY OF CITY PROPERTY
HEATING AND AIR CONDITIONING FOR RESTAURANT FACILITIES:
MIXING UNITS AMERICAN STANDARD
MODEL RC 8183
STYLE 354AI18G24
SERIAL CO 19041
INTERNATIONAL METAL EVAPORATIVE COOLER
MODEL 410 C-4
STYLE NAT - GAS
SERIAL 1082
MAXIMUM C.F.M. 14800
FOLLOWING LISTED INVENTORY AS OF DECEMBER 14
EXHIBIT C
BAR EQUIPMENT
1
1
1
1
4
2
4
27
36
59
18
42
13
27
4k
1
BAR 11 LONG WITH 1' SHELF EXTENDED
3 COMPARTMENT STAINLESS STEEL SINK & TRAY 18" X 4
ICE HOLDER WITH 6 HOLE BOTTLE COOLER WITH 6 BOTTLE RACK ON FRONT
STAINLESS STEEL BEER CHEST 54 X 40" X 30"
ROUND CHAIRS
ROUND TABLES 24"
BAR STOOLS
2 OUNCE BRANDY GLASSES
10 OUNCE COLLINS GLASSES
5 OUNCE OLD FASHIONED GLASSES
1 OUNCE CORDIAL GLASSES
6 OUNCE GLASSES
8 OUNCE GLASSES
4 1/2 OUNCE WHISKEY SOUR GLASSES
ASSORTED SIZE STEM WARE GLASSES
NCR REGISTER
CARPET
1
DINING ROOM FIXTURES ETC.
8 BOOTHS WITH TABLES
1 CORNER BOOTH WITH TABLE
9 DINING ROOM TABLES 36" X 36
1 DINING ROOM TABLE 30" X 36«
40 DINING ROOM CHAIRS
1 DISPLAY CASE 4211 X 42" X 3
1 COUNTER (WITH 1/2 SHELVES UNDER) 54" X 22" X 3+
1 L SHAPED STORAGE CABINET FORMICA TOP
WITH 1 SINK & WATER DISPENSER FOR GLASSES
1 CABINET WITH STAINLESS STEEL SINK, 2 DOOR COMPARTMENT AT
BOTTOM 42" X 42" X 37"
1 NCR REGISTER
1 DIAL- A-PICK
2 SILVERWARE TRAYS GRAY PLASTIC, 4 BIN EACH
CARPET
OFFICE
1 METAL OFFICE DESK
1 5 SHELF DESK TRAY
1 BURROUGHS ADDING MACHINE -- ELECTRIC
1 SWIVEL CHAIR
KITCHEN
1 WALK -IN REFRIGERATOR
1 8 COMPARTMENT REACH -IN REFRIGERATOR (HOWARD)
2
KITCHEN
(CONTINUED)
1 244 SCALE
1 30# SCALE
1 30# SCALE
2 DEEP FRYERS (ELECTRIC)
2 DEEP FRYER PANS
1 HOBART ELECTRIC MIXER (LARGE) WITH 5 ATTACHMENTS
1 HOBART MEAT SLICER (ELECTRIC)
1 STAINLESS STEEL (4 DRAWER) CABINET WITH WOOD TOP
24" X 36" X 3'
1 PAYNE HOT WATER HEATER (GAS FIRED) 100 GALLONS
1 OVEN (GAS FIRED) 5f X 58 X 31
1 SQUARE STAINLESS STEEL GRATER
2 BUS CARTS, 3 SHELVES WITH 6 PLASTIC BUS CART TRAYS
1 SIMPLEX TIME CLOCK AND CARD RACK
1 HOBART DISH WASHER 25" X 56" X 25"
2 GLASS DRAINER RACKS - CHROME WIRE (PLASTIC COVERED)
2 SILVERWARE DRAINER RACKS - CHROME WIRE (PLASTIC COVERED)
1 STAINLESS STEEL SINK 28" X 72" WITH GARBAGE DISPOSAL INSTALLED
1 2 HOLE SAFE (GARY)
1 G. E. HEAVY DUTY STAINLESS STEEL GRILL (ELECTRIC)
1 ELECTRIC STAINLESS STEEL GRILL STOVE TOP DEEP FRYER WITH
4 WIRE BASKETS 4 HOLE STEAM TABLE WITH PANS AND LIDS
HOOD OVER ALL
1 GAS FIRED BROILER 2 X 2 X 31 WITH HOOD
1 REFRIGERATED SANDWICH BAR WITH STAINLESS STEEL PULL DOWN COVER
30" X 30" WITH 8 STAINLESS STEEL FOOD PANS
3
KITCHEN
(CONTINUED)
1 4 HOLE GENERAL ELECTRIC TOASTER
1 TICKET WHEEL
1 STAINLESS STEEL REFRIGERATED PIE CASE - 2 SHELVFS GLASS DOORS
WITH 2 STAINLESS DOOR COMPARTMENTS BELOW AND WITH ATTACHED
WATER DISPEtQSER (FOR GLASSES) 25" X 60 X 58"
2 3 COMPARTMENT STAINLESS STEEL WASHING SINKS
1 COLANDER - ALA 15"
1 COLANDER - ALUMINUM 13"
2 STRAINERS - FUNNEL SHAPED
2 STRAINERS - ROUND (LARGE)
2 STAINLESS STEEL COFFEE SERVERS 57j" X 6"
2 ALUMINUM PITCHERS 5v" X 7
1 ALUMINUM PITCHER 5" X 6"
29 CHROME SYRUP ETCHER LIDS
7 PLASTIC MUSTARD DISPENSERS
7 PLASTIC CATSUP DISPENSERS
26 BUN BASKETS (PLASTIC) OVAL GOLD AND BLACK
9 WOODEN BREAD BASKETS
1 LARGE ICE SCOOP 5P" X 9a"
1 SMALL ICE SCOOP
COOKING UTENSILS
4 4 OUNCE ALUMINUM LADELS
5 PERFORATED (SLOTTED) SPOONS
2 SOLID SPOONS
4
COOKING UTENSILS
(CONTINUED)
4 BUTCHER KNIVES - ASSORTED SIZES
2 SP ATULAS , 1 LARGE - 1 SMALL,
1 LONG HANDLED FORK
4 STAINLESS STEEL MIXING BOWLS
- ROUND 5"
X 3"
1 STAINLESS STEEL MIXING BOWL
- ROUND 82" X 3.1"
1 STAINLESS STEEL, MIX.IIITG BOWL
- ROUND 11"
X 4"
1 STAINLESS STEED MIXING BOWL
- ROUND 14"
X 5"
2 PANCAKE MEASURERS
3 ICE CREAM DIPPERS
PANS
5 STAINLESS STEEL UTILITY PANS
(RECTANGULAR)
10" X 31" X 6"
1 STAINLESS STEEL UTILITY PAN
It
10" X 31 X 4"
1 STAINLESS STEEL UTILITY PAN
"
9" X 16" X 2i"
3 STAINLESS STEEL UTILITY PANS
"
18" X 24 X 3"
4 STAINLESS STEEL PANS
ROUND
L1 "
2 STAINLESS STEEL PANS
"
15"
2 ALUMINUM PANS
16"
2 ALUMINUM PANS
If
13"
1 ALUMINUM UTILITY PAN
RECTANGULAR
17" X 26" X 3"
3 ALUMINUM COOKING PANS (WITH LONG HANDLES)
9" X 4"
1 ALUMINUM COOKING PAN "
102" X 5"
2 ALUMINUM COOKING PANS "
12" X W"
5
PANS
SOW CUPS
(CONTINUED)
18
4 ALUMINUM COOKING POTS (ROUND) WITH ONE HANDLE EACH SIDE 14 ►' X 15
2 ALUMINUM COOKING POTS " it
12" X 9"
1 ALUMINUM COOKING POT " it
18 X 5"
2 ALUMINUM UTILITY PANS ( RECTANGULAR)
17" X 2111 X 7"
1 ALUMINUM PAN WITH LONG HANDLE
5" X 8
1 POT LID ROUND
14"
2 POT LIDS ROUND
15"
1 AIZXENUM PAN 9 ROUND
8 f► X 4"
1 STAINLESS STEEL PAN
10" X 12" X 4"
1 STAINLESS STEEL PAN
7f l X 6"
1 STAINLESS STEEL PAN
4k" X 8"
TRAYS
w
12 ALUMINUM UTILITY TRAYS 26" X 18" X 1
3 BROWN PLASTIC TRAYS 10 X 15" X 1 1 '
4 TAN PLASTIC TRAYS - REVERSIBLE FOR (MASSES OR CUPS
SKILLETS
4 ALUMINUM SKILLETS 7"
1 ALUMINUM SKILLET 10"
DISHES
33
SOW CUPS
3"
18
SOUP BOWLS
27
VEGETABLE DISHES
28
DINNER PLATES
10 11
22
DINNER PLATES
Sit
3
PLATTERS
911 X 11"
65 PLASTIC SALAD BOWLS
19 INDIVIDUAL CASSEROLS
0
MISCELLANEOUS
7 0 '
61
1 PLASTIC SCRUB BUCKET - ROLLER WHEELS WITH
SQUEEZE ROLLER AND MOP
1 FIRST AID KIT (JOHNSON & JOHNSON) WALL MOUNTED
7
DISHES
69
(CONTINUED)
24
SALAD PLATES
73
BREAD PLATES
85
SAUCERS
76
CUPS
3
SIZZLER TRAYS
8
SIZZLER LINERS
22
SYRUP PITCHERS WITH CHROME LIDS
5
CHROME SYRUP PITCHER RACKS
18
SALT PEPPER, SUGAR RACKS - CHROME
56
SALT AND PEPPER SHAKERS
36
STAINLESS STEEL CREAMERS
72
COLD COLOR PLASTIC GLASSES - 2 SIZES
14
6 OUNCE JUICE GLASSES
27
ASH TRAYS - ASSORTED SIZES
MISCELLANEOUS
7 0 '
61
1 PLASTIC SCRUB BUCKET - ROLLER WHEELS WITH
SQUEEZE ROLLER AND MOP
1 FIRST AID KIT (JOHNSON & JOHNSON) WALL MOUNTED
7
TABLE SILVERWARE
69
DINNER SPOONS
20
ICE TEA SPOONS
25
SOUP SPOONS
22
TABLE SPOONS (SERVING SIZE)
75
FORKS
76
KNIVES
11
STEAK KNIVES
23
SALAD DRESSING DIPPERS
MISCELLANEOUS
7 0 '
61
1 PLASTIC SCRUB BUCKET - ROLLER WHEELS WITH
SQUEEZE ROLLER AND MOP
1 FIRST AID KIT (JOHNSON & JOHNSON) WALL MOUNTED
7
1 WOODEN
30" X 12'
1 WOODEN — 3 SHELVES (FORMICA TOP)
30" X 8'
1 WOODEN (FORMICA TOP) WITH SHELF
26" X 49" X 3'
1 WOODEN (WOOD TOP) WITH LOWER SHELF
30" X 7' X 34"
1 WOODEN, FORMICA TOP WITH SHELVES AND DOORS
28" X 32" X 37"
1 STAINLESS STEEL WITH LOWER SHELF
48" X 28"
1 METAL
28" X 24" X 26"
1 METAL — FORMICA TOP
3' X 3'
1 5 # MULTIPURPOSE DRY CHEMICAL
1 20.# DRY CHEMICAL ARS 30A
1 10 # CO 2 MODE, ARS 10
1 10 # DRY CHEMICAL AU 186803
1
2if CO 2
1 5 # WPSW KIDDE WATER FIRE EXTINWISHER
1 2b# AMEREX MULTIPURPOSE DRY CHEMICAL SIZE 1
8
WORK TABLES
1 WOODEN
1 WOODEN - 3 SHELVES (FORMICA TCP)
1 WOODEN (FORMICA TOP) WITH SHELF
1 WOODEN (WOOD TOP) WITH LOWER SHELF
1 WOODEN FORMICA TOP WITH SHELVES AND DOORS
1 STAINLESS STEEL WITH LOWER SHELF
1 METAL
1 METAL - FORMICA TOP
FIRE EXTINGUISHERS
1 5 # MULTIPURPOSE DRY CHEMICAL
1 20 # DRY CHEMICAL ARS 30A
1 10 # CO 2 MODEL ARS 10
1 10 # DRY CHEMICAL AU 186803
1 22# CO 2
1 5 # WPSW KIDDE WATER FIRE EXTINGUISHER
1 2y AMEREX MULTIPURPOSE DRY CHEMICAL SIZE 1
30 X 12'
30" X 8 1
26" X 49" X 3 '
30 11 X 71 X 34 "
28" X 32" X 37"
48" X 28"
28 11 X 24" X 26"
3# X 31
N
l'
4
RESTAURANT
LEASE AND OPERATING AGREEMENT
EXHIBIT "D"
RENTALS AND FEES
1. Lessee agrees to pay to Lessor on a monthly basis
covering the preceding month, at such places as the Lessor may
from time to time designate, for the use of the property,
facilities, concession rights and privileges, the following
rentals and fees, To -Wit:
A Minimum Monthly Rental of $500.00 plus 10% of gross sales
in excess of $100,000.00.