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