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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filed in the office of the City Clerk on or before April 1, 1993, the consent hereby granted shall be deer_Zed to have been revoked on April 1, 1993.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