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HomeMy WebLinkAbout5492. � 4 ti I 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: SECTTnN 1_ 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. 9RrTTnW 9- 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 -2-