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HomeMy WebLinkAbout7241 RESOLUTION NO. 7241 A RESOLUTION APPROVING AN ADDENDUM TO THE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORA- TION AND PUEBLO FLAMES, INC. RELATING TO THE USE OF THE PUEBLO ICE ARENA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Addendum dated October 12, 1993 between Pueblo, a Municipal Corporation and Pueblo Flames, Inc., a Colorado corporation, relating to the use of the Pueblo Ice Arena, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: October 12, 1993 By MICHAEL OCCHIATO Councilperson ATTEST: APPROVED: ADDENDUM NO. 1 THIS ADDENDUM NO. 1 entered into as of October 12, 1993 between Pueblo, a Municipal Corporation (the "City") and Pueblo Flames, Inc., a Colorado corporation (the "Permittee"), WITNESSETH: WHEREAS, City and Permittee entered into an agreement dated February 22, 1993 relating to Permittee's use of the Pueblo Ice Arena (the "Agreement), and WHEREAS, Permittee desires to modify the Permit to sell fermented malt beverages within the Pueblo Ice Arena, and WHEREAS, City is willing to modify the Permit to allow Permittee to sell fermented malt beverages upon the terms and conditions herein contained. NOW, THEREFORE, City and Permittee in consideration of the foregoing and mutual covenants contained herein agree as follows: 1. The Agreement is hereby amended by the addition of the following new paragraph: 22. Permittee may sell and dispense at retail fermented malt beverages (the "Beverages") during scheduled hockey games at such location in the Arena seating area as the Director shall approve in writing. Sales of Beverages shall not commence earlier than twenty (20) minutes prior to a scheduled hockey game and shall end at the start of the third (3rd) period of such game. Permittee, shall at its sole cost and expense, (a) provide all Beverages, cups and accessories, and personnel for the sale and dispensing of Beverages including adequate security personnel, (b) clean all debris, spills and cups and remove or, with the written approval of the Director, store at the Arena all equipment, fixtures and Beverages within three (3) hours after the end of each scheduled hockey game, (c) provide additional liability insurance including products liability in such form and amounts acceptable to the Director, (4) obtain in its name all licenses and permits needed or required for the sale and dispensing of Beverages, and (5) purchase and provide all necessary equipment and fixtures reasonably required for the sale and dispensing of the Beverage. 2. The Agreement as amended by this Addendum No. 1 shall remain in full force and effect and all provisions of the Agreement as amended shall be binding upon and inure to the benefit of the parties hereto and their successors and, with respect to Permittee, its approved assigns, the same as if paragraph 22 above was originally incorporated in the Agreement. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION ATTEST:City Clerk Presl ent of~h'e City Council APPROVED AS TO FORM: City Attornfy~~ PUEBLO FLAMES, INC. [S E A L] ATTEST: By Secretary President TJ 69.35 -2- CITY OF PUEBLO TOz Gina Dutcher, City Clerk FROMz Rich Zajac, Director of Parks & Recreational. DATE~ February 7, 1996 , RE~ Pueblo Flames, Inc. Agreement For your records, the Pueblo Flames, Inc., a Colorado corporation, is not associated with or using the Pueblo Plaza Ice Arena. Furthermore, they are not obligated to the City in any manner. Should you have any questions or need any additional information, please feel free to contact our office at your convenience. xc~ Jody Lane, Program Specialist