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RESOLUTION NO. 5492
• RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO,
• MUNICIPAL CORPORATION AND OSCAR HARFERT RELATING
TO THE OPERATION OF THE CITY PARK GOLF COURSE RES-
TAURANT AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
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The Agreement dated November 12, 1984 between Pueblo, a
Municipal Corporation and Oscar Harfert relating to the operation
of the City Park Golf Course Restaurant, a copy of which is
attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
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The President of the City Council is hereby authorized and
directed to execute the Agreement for and on behalf of the City
and the City Clerk is directed to affix the seal of the City
thereto and attest same.
ATTEST:
INTRODUCED: November 12 , 1984
By DOUGLAS L. RING
Councilman
APPROVED:
sident' f e City Council
• ;
AGREEMENT
THIS AGREEMENT entered into the 12th day of November, 1984
between Pueblo, a Municipal Corporation (herein "City ") and Oscar
Harfert, 607 West Orman Ave., Pueblo, Colorado, 81004 (herein
"Operator "), WITNESSETH:
WHEREAS, City entered into a Contract dated June 4, 1981 for
the operation of the City Park Golf Course Restaurant with I & W
Enterprises, Inc., a Colorado Corporation (herein "Contract ") and
WHEREAS, I & W Enterprises, Inc. is desirous of assigning its
interest in the Contract to Operator and Operator is desirous of
accepting such assignment, and
WHEREAS, City is willing to give its consent to such assign-
ment upon the following terms and conditions.
NOW, THEREFORE, in consideration of the foregoing and mutual
promises contained herein, City and Operator agree as follows:
1. Subject to receipt by the City Clerk of an executed
assignment in form and content approved by the City Attorney,
City consents to the assignment of the Contract by I & W Enter-
prises, Inc. to Operator.
2. Operator shall within a reasonable time not to exceed
ninety (90) days after date hereof perform the following work
and supply the following services and items in the City Park
Golf Course Restaurant and, if applicable, continue to supply
the work and furnish the services during the effective period
of the Contract:
(a) Completely clean the kitchen and bar areas and
maintain same in a clean, orderly and sanitary condition.
(b) Renovate the interior by thoroughly cleaning the
carpets, painting the walls and washing the windows.
(c) Have the interior thoroughly sprayed by a commercial
insect control company and continue to have the area sprayed on a
regular basis.
(d) Install booths in the restaurant area.
(e) Install new window coverings.
(f) Convert the restaurant into and maintain it as a
first class establishment.
(g) Require the restaurant staff to be in uniform.
(h) Make available to the public a complete dinner menu
and a breakfast menu.
(i) Purchase a Prime Rib Oven (specialty item).
(j) Renovate the bar and kitchen areas by purchasing
equipment necessary to meet current health department standards
(i.e., new dishwasher).
(k) The furnishings, equipment and fixtures to be
furnished and supplied by Operator pursuant to this paragraph 2
shall remain as the property of City upon termination of the
Contract for any reason.
3. Operator shall perform the work, supply the services,
and conduct the Restaurant Operation in accordance with the terms
and provisions of the Contract and paragraph 2 hereof the same
as if Operator had originally executed the Contract.
4. If Operator is not in default under this Agreement or
the Contract, City does hereby grant to Operator an option to
extend the Contract for an additional term of five years from
October 31, 1988 to October 31, 1993 upon the same provisions
and conditions. Operator shall exercise the option hereby
granted by giving written notice thereof to City on or before
May 1, 1988. If Operator fails to give his notice of intent to
exercise the option to extend the Contract on or before May 1,
1988, this option hereby granted shall expire and terminate.
5. The Contract as amended by this Agreement shall remain
in full force and effect and be binding upon and inure to the
benefit of City and Operator, and their respective successors,
heirs, personal representatives and approved assigns.
Executed the day and year first above written.
OPERATOR
CITY:
2 Pueblo, a Municipal Corporation
ar Har
P ent o t e City Council
Approved as to form:
AL]
Attest:
City Attorne Ci Clerk
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