HomeMy WebLinkAbout7074RESOLUTION NO. 7074
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF
THE GOLF COURSE RESTAURANT CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
gPrTTOM 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 Martin G. DeJoy and Frank G. DeJoy to
Edward J. Jacketta (herein "the Assignee ").
SECTION 2
The consent hereby granted shall become effective on the date
that the following documents are filed in the office of the City
Clerk:
(a) An executed original assignment between Martin G. DeJoy
and Frank G. DeJoy and the Assignee in form satisfactory to the
City Attorney, whereby the Assignee accepts without reservation
and agrees to perform all the terms and conditions of the Contract
and the Agreement to be performed by the Operator thereunder.
(b) An inventory and list of all City's furnishings,
equipment and fixtures located in and used by the Operator in the
operation of the City Park Golf Course Restaurant including
without limitation all furnishings, equipment and fixtures
supplied pursuant to the November 12, 1984 Agreement, and all
replacement furnishings, equipment and fixtures, dated and signed
by the Director of Parks and Recreation, Martin G. DeJoy and Frank
G. DeJoy, and the Assignee.
(c) A receipt signed by the Director of Finance certifying
that all obligations and indebtedness of Martin G. DeJoy and Frank
G. DeJoy owed to the City under the Contract and Agreement have
been fully paid and satisfied.
If the foregoing documents are not filed in the office of the
City Clerk on or before April 1, 1993, the consent hereby granted
shall be deer_Zed to have been revoked on April 1, 1993.
gPrTTr)M I _
The Contract and Agreement shall not be further assigned nor
transferred without the prior written consent of the City.
INTRODUCED: February 8, 1993
By MICHAEL OCCHIATO
Councilperson
ATTEST:
J4 4 44-
C'ty Clerk
APPROVED:
Press ent of the City Council
TJ 65.27 -2-
4
MEDINA & ESQUIBEL
ATTORNEYS AT LAW
222 S. UNION
PUEBLO, CO 81003
Lee A. Medina Telephone: (719) 546 -1188
Charles D. Esquibel Facsimile: (719) 546 -0003
March 9, 1993
Restaurant at City Park
General Partners
3900 Thatcher
Pueblo, CO 81005
RE: Enclosed resolution consent to the assignment of the Golf
Course Restaurant Contract
Gentlemen:
Enclosed find a copy of the above referenced resolution. This
office has prepared and obtained approval as to form from the City
Attorney an assignment which must be executed by the partners
pursuant to your partnership agreement. This must be completed and
forwarded to Mr. Jaggar as soon as possible. Please make an
appointment to review and sign this document.
Additionally, Mr. Jaggar has informed me that the conditions
of section 2 of the Resolution must be complied with prior to April
1, 1993. Note that the consent for the assignment will be revoked
on April 1, 1993 if you have not complied with all the conditions
of the Resolution. To summarize you must have completed the
following prior to April 1, 1993:
A Assignment to be filed with the City Clerk
Y g furnishings, equipment,
�B Inventor listin furnishin s etc. to be
f ile witty the City Clerk
C.� Receipt signed by Director of Finance certifying that all
obliciations of Martin and Frank 'DeJoy owed to the City under
contract and agreement have been fully paid and satisfied.
If you have any questions, contact this office.
Si
Charles D. Esquibel
Attorney at Law
CDE \djp
ASSIGNMENT AND ACCEPTANCE
FOR VALUE RECEIVED, Frank G. DeJoy and Martin G. DeJoy (the
"Assignors ") hereby sell and assign, effective the 8th day of
February, 1993, to the Restaurant at the City Park, A General
Partnership composed of Frank G. DeJoy, Martin G. DeJoy and Edward
Jacketta, general partners (the "Assignee ") all of the Assignors'
rights, title and interest in and to a certain Contract dated June
4, 19201, entered into between I &W Enterprises, Inc. and the City of
Pueblo and that certain Agreement entered into on the 12th day of
November, 1984 between Oscar Harfert and the City of Pueblo for the
operation of the City Park Golf Course Restaurant and Lounge and
the Extension Agreement entered into on the 23rd day of November,
1992 between the Assignors and the City of Pueblo.
In consideration of the Assignment of said Contract and
Agreements set forth above by the Assignors to the Assignee,
Assignee hereby agrees to be bound by and assumes and agrees to
make all the payments and perform all the covenants and agreements
in said Contract and Agreements required by the operator thereunder
to be performed and to hold Assignors harmless from any liability
therefor and to indemnify the Assignors against any loss suffered
as a result of the Assignees' failure to comply with the terms of
the Contract and Agreement set forth above.
Executed at Pueblo, Colorado this (�
( day of March, 1993.
ASSIGNEE:
Restaurant at the City Park,
A Colorado General Partnership
By: rank G. DeJoy
4eneral Partner
ASSIGNORS:
pl
Frank DeJoy
2Cc 9 c
By: Mar in G. DeJoy
General Partner ,
Martin Y . DeJoy
By: Edward jdketta
General artner