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HomeMy WebLinkAbout6133RESOLUTION NO. 6133 A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE GOLF COURSE RESTAURANT CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The City of Pueblo, a Municipal Corporation, does hereby consent to the assignment of the Contract, dated June 4, 1981, (the "Contract ") and the Agreement dated November 12, 1984, (the "Agreement ") both relating to the operation of the City Park Golf Course Restaurant from P & P ENTERPRISES, INC., a Colorado corporation, to Frank G. DeJoy, Frank A. DeJoy and Martin G. DeJoy (herein "the Assignee "). SECTION 2. The consent herein granted shall not become effective unless and until P & P ENTERPRISES, INC., or the Assignee shall file with the City Clerk an executed original of the assignment between P & P ENTERPRISES, INC. and the Assignee whereby the Assignee accepts without reservation and agrees to carry out and perform all of the terms and conditions of the Contract and the Agreement. The contract and the Agreement shall not be further assigned without prior written consent of the City. INTRODUCED December 28, 1987 By: MIKE SALARDINO Councilman APPROV BY • �P_ ro sidenY of the Council ATTEST: C &,"a Ci Clerk THIS AGREEMENT, is entered into on the ,�_'� day of December, 1987, by P &P ENTERPRISES, INC., a Colorado corporation, with an address of 127 Starlite Drive, Pueblo, Colorado 81005, hereinafter referred to as "Assignor" and FRANK A. DeJOY, 1824 Berkley, Pueblo, Colorado 81004, FRANK G. DeJOY, 3201 Baltimore, Pueblo, Colorado 81008, and MARTIN G. DeJOY, 1806 Berkley, Pueblo, Colorado 81004, hereinafter referred to as "Assignees ". WITNESSETH: WHEREAS, the City of Pueblo 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, (hereinafter referred to as "Contract "), a copy of which is attached hereto as Exhibit 1, and WHEREAS, I &W Enterprises, Inc., has previously assigned its interest in the contract to Oscar Harfert, which Assignment has been approved by the City Council of the City of Pueblo on November 12, 1984, a copy of which is attached hereto as Exhibit 2, and WHEREAS, Oscar Harfert, has previously assigned his interest in the Contract to Phillip and Judith Pantleo, which Assignment was approved by the City Council on August 26, 1985, which approval is attached hereto as Exhibit 3, and WHEREAS, Phillip and Judith Pantleo have previously assigned their interest in the Contract to P &P Enterprises, Inc., a Colorado corporation, which Assignment has been approved by the City Council on April 28, 1986, a copy of which Approval is attached hereto as Exhibit 4, and WHEREAS, P &P Enterprises, Inc., as Assignor, is desirous of assigning its interest in the Contract dated June 4, 1981, and Agreement dated November 12, 1984 to Assignees, and WHEREAS, Assignees are desirous of acquiring Assignor's in- terest in the Contract dated June 4, 1981, and the Agreement dated November 12, 1984. NOW, THEREFORE, in consideration of the foregoing, and mutual promises contained herein, the Assignor and Assignees agree as follows: 1 1. Assignor assigns its interest in the Contract dated June 4, 1981, and the Agreement dated November 12, 1984, to Assignees, which Assignment will be effective on December 12, 1987. 2. Assignees agree to pay, as and for the consideration for the assignment of the Contract, the sum of Forty -Five Thousand Dollars ($45,000.00) in cash or certified funds, which amount is to be paid to the Assignor or its designees, on January 5, 1988, and which will be evidenced by a Promissory Note in the amount of $45,000.00, which will not bear interest. 3. In the event payment called for herein is not made when due, the parties agree that Assignees will reassign their interest in the Contract and Agreement to Assignor. 4. Assignor and Assignees agree that Assignees will take possession of the City Park Golf Course Restaurant and Lounge on December 12, 1987. The Lounge will be operated by the Assignees, pursuant to a Management Agreement under the liquor license of P &P Enterprises, Inc., until such time as the liquor license of P &P Enterprises, Inc., has been transferred to Assignees or for a period of 120 days, whichever first occurs. 5. Prior to the commencement of business on December 12, 1987, Assignor and Assignees will conduct an inventory of the stock at the City Park Golf Course Restaurant and Lounge. 6. Assignees will pay to Assignor or its designees, in addition to the sum set forth in paragraph 2, the list price for liquor and food for the inventory which exists on the premises at the close of business on December 11, 1987, which payment will be made by Assignees to Assignor in cash or certified funds, at the time they assume possession pursuant to the Management Agreement. Additionally, the Assignees will pay a pro rata share of prepaid rent and expenses for the month of December, 1987. 7. Assignor will close its books for the operation of the City Park Golf Course Restaurant and Lounge as of December 11, 1987, and not later than January 10, 1988, will pay to the City of Pueblo, any and all sums due for rent under the Contract of June 4, 1981 and the Agreement of November 12, 1984, for the months of January through November, 1987, and all previous years. 8. After taking possession, the Assignees shall be solely responsible for the payment of all rents and other expenses except as otherwise set forth herein and shall be solely responsible for complying with the Contract dated June 4, 1981 and the agreement of November 12, 1984 and will indemnify and hold Assignors and any previous Assignees harmless from any liability therefor. 2 9. Assignor warrants that the contract dated June 4, 1981, of which it is the Assignee and the Agreement dated November 12, 1984, entered into between Oscar Harfert and the City of Pueblo, are in full force and effect and that Assignor is not in default under those agreements. 10. The Assignor warrants that all state, city and federal taxes arising out of its operation of the business are current and paid in full and agrees to hold Assignees harmless from any and all liability arising therefrom. 11. This Agreement is specifically contingent upon the following conditions precedent being met: A. The transfer of the liquor license of Assignor to Assignees; B. The approval by the City of Pueblo of the Assignment of the Contract dated June 4, 1981 and the Agreement dated November 12, 1984 to Assignees. 12. If, and in the event, one of precedents is not met through no faul agreement shall be NULL AND VOID, and the other, what they have received at parties to put each other in the same prior to this agreement. the foregoing conditioned t of either party, then this each party shall return to being the intent of the positions they were in THIS AGREEMENT is entered into on the day and year first above written. ASSIGNOR• P &P ENTERPRISES, INC. B President ATTEST -: a� . �.-•- .,cam Secretary 3 ASSIGNEES —/, ��,Z -, , _ -�'\ FRANK A. DeJOY FRANK De,�OY MARTIN - - - DATE: TO: FROM: NOVEMBER 12, 1987 CITY OF PUEBLO FRANK A. DE JOY, l824 Berkley, Pueblo, CO, e1004 564-2998 FRANK G. DE JOY, 3201 Baltimore, Pueblo, CO, 81008 542-2070 MARTIN G. DE JOY, 1806 Berkley, Pueblo, CO, 81004 561-3866 OBJECTIVE: In regard to the purchase of The City Park Golf Course Restaurant and Lounge, a recap of past experience in the restaurant and bar business is presented as follows: EXPERIENCE AND EMPLOYMENT HISTORY: FRANK A. DE JOY, 1948 - 1984, CF&%, Retired. Office Administration, Inventory Control, Supply, Personnel and Scheduling Clerk. 1965 - 1968, Part Time - Gaetanos Restaurant and Lounge - Assistant Manager and Bartender. Oversee employees and assisted in ordering food and beverage supplies. FRANK G. DE JOY, 1971 - 1973 Co-Owner, Main Event Recreation Center. Responsible for processing and maintenance of required forms, records and files related to ownership of this establishment. 1973 - 1976, Manager 50 West Bar and Grill. Responsible for inventory control and prepared account statements for the owner. 1976 - 1979, Assistant Bar Manager, Gaetanos Restaurant and Lounge. 1979 - 1981, Bartender and Manager, Cosimos Bar and Grill. 1981 - 1982, Bartender, The Hanger Lounge. 1985 - 1986, Part Time - Bartender, The Riverside Bar and Grill. 1984 - 1986, Display and Advertising Representative, Diodosio Wholesale Liguor Company. Responsible for displays, ordering merchandise, reports and customer service. 1986 to the Present, Display and Advertising Representative, Beverage Distributing Corp. (Majestic Display Company). PART TIME EMPLOYMENT - 1971 thru the present time - Singer and Guitar player for all the above Clubs plus singing engagements in Lake Tahoe, Dallas, Texas, New Mexico, Denver and the Colorado Ski Areas. MARTIN G. DE JOY, 1980 - 1983 - Employed at Candy's Tortilla Company as Route Sales Representative for Restaurant Food Services in Denver, Colorado. Compiles, classifies, tabluates and posts accounts data, prepares account statements and provides tickets for sales transaction. 1983 to the Present: Employed as a Waiter and Manager at Gaetano's Restaurant. Duties consist of hiring and discharging of employees - scheduling work assignments of employees and ordering liquor and food supplies as needed - responsible for upkeep and inspection of kitchen and dinning areas. Works with computer in operation of the restaurant. Also is Manager of Little Chicago Lounge - duties same as above. REFERENCES: Sam Cocharo, 46 Amherst, Pueblo, Colorado, 81005 Anthony Estrada, Candy's Tortilla Factory, 7110 Santa Fe Drive, Pueblo, Colorado, 81006 Philip Cabibi, 129 Cornell Circle, Pueblo, Colorado 81005 \ _ MAES AND PIERSEL ATTORNEYS AT LAW 1311 N. GREENWOOD PUEBLO, COLORADO 81003 C. DENNIS MAES DOUGLAS D. PIERSEL CHARLES D. ESQUIBEL January 27, 1988 Tom Jagger City Attorney Thatcher Building Pueblo, CO 81003 RE: Frank A. DeJoy, Frank G. DeJoy, and Martin G. DeJoy Dear Mr. Jagger: TELEPHONE: AREA CODE (303) 546 -1951 Pursuant to the contracts and assignments between my clients, the DeJoys, and other parties and the City of Pueblo for the operation of the City Park Golf Course Restaurant, the DeJoys hereby exercise their option to extend the Contract for five years from October 31, 1988 to October 31, 1993 upon the same provisions and conditions. This option is specifically referred to in Paragraph 4 of the Agreement entered into between Pueblo, a Municipal Corporation, and Oscar Harfert which was approved on November 12, 1984. As you will recall, Mr. Harfert assigned his interest to P & P Enterprises who subsequently assigned its interest to the DeJoys. If you see any problems with this option or need additional information, please contact me at your earliest opportunity. Thank you for your attention to this matter. Sincerely, ZL� C. Dennis Maes MAES & PIERSEL CDM /ja xc: Frank A. DeJoy Frank G. DeJoy Martin G. DeJoy REC. -IvED J AN 2 8 90 FO WER CREDIT UNION 1615 East Evans Avenue Pueblo, Colorado 81004 -3499 Telephone 564 -0710 Florence, Colorado Branch 218 West Main Florence, Colorado 81226 November 11, 1987 Telephone 784 -4213 City of PUEBLO COLORADO Re: Frank DeJoy Credit Union Account #3377 -009 1824 Berkley Avenue Pueblo, Colorado 81004 -3240 SUBJECT: Buying the Lease of the: "City Park Golf Course Restaurant and Lounge" This letter will certify that Frank DeJoy, will be able to commit $45,000.00 towards the purchase of the Pueblo City Park Restaurant and Lounge. That these funds will be made available for Frank DeJoy from the CF &I POWER CREDIT UNION. If there is any further questions or additional written commitments are required, please advise. Very truly yours, ......... - .... '' Carl A. Lytle Mgr /Pres YOUR SREINDS FEDERALLY INSURED TO MN . 1 S &1 you ✓Delon Cy We i re WorRkiny Jor go,, NCUA Affiliated with: Cuna International, Inc., Cuna Mutual Insurance Society/ Pueblo Credit Union Chapter/ Colorado Credit Union league " National Credit Union Administration, Colorado Corporate Federal Credit Union