HomeMy WebLinkAbout7355RESOLUTION NO. 7355
A RESOLUTION TERMINATING THE LEASE AND OPERATING AGREEMENT
BETWEEN THE CITY OF PUEBLO AND DC -61, INC. AND APPROVING A LEASE
AND OPERATING AGREEMENT BETWEEN THE CITY OF PUEBLO AND CROUSE
ENTERPRISES, INC., AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL
TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT:
SECTION 1
A certain Lease and Operating Agreement, a copy of which is attached hereto and made a part
hereof by reference, after having been approved as to form by the City Attorney, by and
between the City of Pueblo, a Municipal Corporation, as Lessor, and Crouse Enterprises, Inc.,
as Lessee, relating to a Lease for the operation of the Dining Room, Bar, Kitchen, and Storage
Space, located in the Terminal Building at the Pueblo Memorial Airport, be and the same is
hereby approved, subject to the conditions as set forth in said Lease and Operating
Agreement.
SECTION 2
The President of the City Council is hereby authorized to execute said Lease and Operating
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall
affix the Seal of the City thereto and attest the same.
SECTION 3
All net proceeds derived from said Lease and Operating Agreement will be used for the
operation, maintenance, and improvement of the Airport.
SECTION 4
The Lease and Operating Agreement between the City of Pueblo, a Municipal Corporation, and
DC -61, Inc., dated April 12, 1993, for the restaurant at the Pueblo Memorial Airport is hereby
terminated without prejudice to any claim for rent or breach of the Lease and Operating
Agreement the City may have against DC -61, Inc., Valerie DeJoy, or Anthony J. Curry.
INTRODUCED April 11, 1994
ATTEST:
4114J�'V' A,
Ci y Clerk 49
BY: JOHN CALIFANO
Councilperson
APPROVED:
Pr siclot of the City Council
PUEBLO MEMORIAL AIRPORT
LEASE AND OPERATING AGREEMENT
RESTAURANT
THIS LEASE made and entered into this l/ day of R/L between THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as the "LESSOR" and CROUSE
ENTERPRISES, INC., hereinafter referred to as the "LESSEE ".
WITNESSETH:
That in consideration of the payment of rent hereinafter provided and the keeping and
performance of the covenants and agreements of the Lessee, as hereinafter set forth, Lessor
has and does hereby lease unto the Lessee, a certain area in the Terminal Building located at
Pueblo Memorial Airport, Pueblo County, Colorado (herein "AIRPORT ") described in Exhibit A
attached hereto and incorporated herein as if set out in full (herein "Property" or "Leased
Premises ") for the sole purpose of conducting a restaurant business therein for a term of three
(3) years from Aoril 12, 1994 to April 30, 1997
If not in default under this Lease, Lessee shall have the option to extend the term of
this Lease for a two (2) year period from April 1, 1997 to April 30, 1999 by giving to Lessor
written notice of its exercise of such option on or before January 2, 1997. The extended term
shall be upon the same covenants and conditions except (a) there shall be no further option
to extend this Lease, and (b) the rent during the extended term shall be negotiated on a
percent of gross revenues at the time of renewal. If Lessee does not timely exercise its option
to renew, the option to renew shall terminate and be of no further force and effect.
Prior to the expiration of the initial term, this lease can be terminated by either party
by giving ninety (90) days written notice. If notice is by Lessee, any deposits held by Lessor
shall be forfeited.
DEFINITIONS:
DIRECTOR OF AVIATION: Person in charge of the Airport for the Lessor, his assistant or duly
authorized agent.
GROSS REVENUES: As used herein, the term "Gross Revenues" shall mean and include all
money or other things of value received by or paid to Lessee, or to others for Lessee's use and
benefit, or to Lessee's sublessees, subcontractors and concessionaires, and all credit extended
by lessee or said other persons (regardless of whether collection is made) in connection with
any and all business conducted by Lessee or said other persons in, about, or from the Leased
Premises, including (but without in any wise limiting the foregoing), the sale of food,
beverages, or merchandise of whatever kind and character for which any compensation is
received or is payable, whether such sales or services are made, performed, or furnished on
the Leased Premises or elsewhere or by vending machines or other mechanical devices or
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otherwise; provided, however, that in the computation of Gross Revenues the following shall
be excluded to -wit:
1. Sales or use taxes on the sale, performance or furnishing of any service or
merchandise which are by law required to be imposed on and paid by the
consumers thereof and are required to be separately stated.
2. Meals to employees of Lessee when such are part of the compensation given
by Lessee to such employees for services rendered in and about the Leased
Premises.
3. Sales of Lessee's furniture, furnishings, fixtures, and other improvements to or
from the Leased Premises or to or from any other premises of Lessee.
4. Federal entertainment taxes on the furnishing of any entertainment where such
taxes are by Federal law required to be imposed on and paid by the customers
to whom such entertainment is provided and are required to be separately
stated.
5. Gratuities or "tips" paid to employees if such gratuities or tips are received by
such employees for the benefit of Lessee or required to be paid by such
employees to the Lessee.
RIGHTS AND PRIVILEGES OF LESSEE
A. Lessee shall engage in and conduct said Restaurant business at and on the
property for the convenience of patrons and tenants of the Airport and the
general public desiring such services at the Airport; which right, without limiting
the generality hereof, shall include:
B. The right, subject to necessary licensing, to serve food, soft drinks, and
alcoholic beverages, and other items pertaining to the operation of a restaurant,
the right to sell tobacco products, ice cream products, gum, candies, and similar
items commonly offered for sale at a restaurant. Newspapers, periodicals, gifts,
souvenirs, post cards, and similar items shall not by sold or vended by Lessee.
C. The non - exclusive right to provide in- flight food service to scheduled and
supplemental airlines, private and executive aircraft who have requested said
services of Lessee, and the right to prepare food on the Property and deliver, or
cause to be delivered, to and for the purpose of consumption elsewhere.
D. The right to use, operate, and maintain equipment owned by Lessor and shown
in Exhibit C attached hereto and made a part hereof ( "Equipment ").
E. The right to equip, install, operate and maintain on the Airport, at Lessee's
expense advertising facilities; provided however, that in all cases the number,
size, location, general type and design, and the method of installation shall by
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subject to the prior approval of the Director of Aviation. This limitation shall
apply to and include all signs, placards, posters, or other forms of identification
or advertising media, installed, placed upon or affixed to the Property
exclusively to Lessee hereunder.
F. The right, subject to prior approval of the Director of Aviation, of plans and
specifications, location and inspection of same; to make improvements,
modifications, revisions and other alterations to the Property. Costs of such
improvements, modifications, revisions and alterations shall be borne solely by
Lessee, and all such improvements, modifications, revisions or alterations shall
become and remain the property of the Lessor.
G. Lessee, its employees and invitees shall have the right of ingress and egress
between the main entrance of the Airport as the same now exists or may
hereafter be relocated and the Leased Premises over, upon and through such
streets and no other as from time to time shall be designated by the Director of
Aviation. Driveways from existing streets into the Leased Premises shall be
located as designated by the Director of Aviation.
II. RIGHTS AND PRIVILEGES OF LESSOR
A. All rights not herein specifically granted to the Lessee are reserved to Lessor.
B. Lessor also reserves the right to require Lessee to make any adjustments
deemed necessary to improve the appearance of the Leased Premises or the
quality of service rendered in connection with Lessee's operation.
III. OBLIGATIONS OF LESSEE
A. It shall be the obligation of Lessee to continuously operate and conduct the
restaurant business as herein set forth in a first class manner, and to maintain
the Property at all times in a safe, clean, orderly and attractive condition.
B. Lessee, its officers, employees, agents or servants shall, at all times, comply
with the Federal Pure Food and Drug Laws, Health Rules and Regulations and
other applicable Laws and Regulations of the United States Government, and
the state of Colorado and all applicable Ordinances, Codes and Regulations of
the City and County of Pueblo, including the rules and regulations governing the
operation of the Airport.
C. All food, beverages, confections and other items sold and kept for sale by
Lessee shall be of high quality, wholesome and pure and the service shall be
prompt, attractive, clean, efficient and courteous. Violation of any provision of
this paragraph by Lessee, its officers, employees, agents or servants shall cause
this Lease to be subject to cancellation by Lessor, if not corrected immediately
upon written notice by the Director of Aviation.
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D. Except as otherwise specifically provided herein, Lessee shall pay all costs of
operating the restaurant business and maintaining the Property, including
without restriction because of enumeration, necessary personnel, all licenses,
permits or other similar authorizations as required under Federal, State or Local
Laws and Regulations, insofar as they are necessary to comply with the
requirements of this Lease and the rights and privileges extended against its
property, situated on, or within, the Leased Premises or otherwise within the
confines of the Airport.
E. Lessee shall, at its sole expense, maintain and keep the Leased Premises, and
all improvements thereon, including without limitation, the Equipment, Sewer
and Water lines and connections, Plumbing, Heating and Air Conditioning
equipment and systems, in good condition, appearance, and state of repair and
provide all interior building maintenance and custodial service for the Leased
Premises. It being expressly understood and agreed that Lessor shall not be
responsible for any defect in the Leased Premises or improvements thereon or
obligated to make any repair, except for exterior maintenance and repairs to the
exterior of the Property.
If Lessee should fail to keep and maintain the Leased Premises or improvements
thereon in such good order and repair as is reasonable required, Lessor may
enter the Leased Premises, without such entering causing or constituting a
termination of the Lease, or an interference with the possession of the Leased
Premises by Lessee, and perform the necessary maintenance and /or restoration
work to the Leased Premises to the condition required by the Lessor, the cost
of which shall be borne solely by Lessee. All such costs shall be paid by Lessee
to Lessor in addition to rents, within thirty (30) days after completion of the
work.
F. The Lessee shall, at its own expense, keep the Leased Premises neat, clean,
safe and orderly at all times, free of waste, rubbish and debris, and shall provide
a complete and proper arrangement for the sanitary handling and disposal of all
trash, garbage, and other refuse resulting from its activities at the Airport. All
trash, garbage, and other refuse shall be out of view of the public.
G. Lessee shall pay all utilities supplied to and used in the Leased Premises, and
shall enter into separate agreements with the utility organizations for metering
such services; except that the Lessor shall furnish at its expense water and
sewer services for the Leased Premises.
H. Lessee shall at all times retain an active, qualified, experienced and competent
manager to supervise the restaurant business who shall be authorized to
represent, act for and on behalf of the Lessee.
Lessee's personnel shall be courteous, efficient, clean and neat in appearance,
and shall be trained and qualified to perform any and all services to the public
required or contemplated under the terms of this Lease.
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Lessee shall not employ any person or persons in or about the Leased Premises
who shall use improper language, or act in a loud, boisterous, or otherwise
improper manner.
I. Lessee, except as may be otherwise provided in other contracts entered into
with the Lessor, shall not engage in any business at the Airport other than that
which is expressly authorized herein.
J. Lessee shall repair all damages to the Leased Premises caused by its officers,
employees, invitees, agents or patrons or arising out of Lessee's operations
thereon.
K. Period of operation.
1. Except as herein set forth, the dining room shall remain open for service
to the Public seven (7) days per week during the hours of 6:00 a.m. to
9:00 p.m., with adequate service to meet the Public demand. The
Director of Aviation may require extension of operating hours to meet
anticipated demand.
2. The bar shall remain open for service to the Public during dining room
hours of operation; except, that the hours of operation of the bar, and
the sale of alcoholic beverages shall be subject to Regulations as
provided by the Statutes of the State of Colorado and Local Ordinances,
Rules and Regulations, whichever may apply to the Premises under the
Agreement.
3. Any change in the minimum hours or days of operation of the Restaurant
is prohibited without the prior written approval of the Director of
Aviation.
IV. OBLIGATIONS OF LESSOR
A. Lessor, at its cost, shall provide water and sewer services for the Leased
Premises, unless conditions beyond the Lessor's control shall prevent Lessor
from so supplying such water and sewer services.
B. Lessor shall provide periodic washing of windows on the outside only.
C. Lessor shall not be responsible for any damage to, or loss of property of Lessee,
its officers, employees, agents, servants, patrons, or any other person or
persons at the Airport.
V. RENTALS AND FEES
A. Lessee agrees to pay to the Lessor, without offset or deduction, at such places
as the Lessor may designate from time to time, for the use of the premises,
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facilities, concession rights and privileges: Monthly Rent according to the
following schedule:
April 12, 1994 to July 31, 1994
August 1, 1994 to March 31, 1995
April 1, 1995 to April 30, 1997
April 1, 1997 to April 30, 1999
No Rent
Five (5) percent of Gross Revenue
or Five Hundred Dollars ($500.00),
whichever is greater.
Seven and one -half (7.5) percent of
Gross Revenue or Five Hundred
Dollars, whichever is greater.
Renewal option to be negotiated;
however, not less than 7.5% of
Gross Revenue.
B. Lessee shall make a monthly report of all Gross Revenues to the Lessor at such
places as may from time to time be designated by Lessor, on a form or forms
approved by the Director of Aviation. Said report to be used as the basis for
computation of rents. Said report shall be submitted no later than the tenth
(10th) day of each month for the preceding month, and all rents shall be paid
no later than the fifteenth 0 5th) day of the following month.
C. Lessee shall keep and maintain at the Leased Premises accurate and complete
Books and Records of its Restaurant operation and Gross Receipts. Lessee shall
permit the duly authorized representative of the Lessor to examine Lessee's
Books at any time during business hours.
VI. The Lessee by accepting this Lease expressly agrees for itself, its successors and
assigns that it will not make use of the Leased Premises in any manner which might
interfere with the landing and taking -off of aircraft from Pueblo Memorial Airport or
otherwise constitute a hazard to aviation. In the event the aforesaid covenant is
breached, the Lessor reserves the right to enter upon the Leased Premises and cause
the abatement of such interference at the expense of the Lessee.
VII. Lessor and Lessee understand and agree that the General Provisions consisting of
Paragraph 1 though 18, attached hereto as Exhibit B are incorporated herein and shall
be binding upon and inure to the benefit of Lessor and Lessee as if set out herein full,
except that Lessee shall maintain at its expense, comprehensive general, liability,
products liability, and property damage insurance with limits of not less than
$1,000,000 per occurrence rather than $500,000 per occurrence as provided in
Paragraph 9 of the General Conditions. In the event of a conflict between the
provisions of the General Provisions and this Lease, the provisions of this Lease shall
constrol
VIII. If Lessee defaults in the payment of rent or any part thereof or fails to perform or
observe any of the conditions and covenants on its part to be performed or observed
hereunder, and such default or failure shall continue for a period of ten (10) days after
written notice thereof has been mailed to Lessee by first class mail addressed to Lessee
at its last known address at Pueblo Memorial Airport, then, in that event , and as often
as same may happen, it shall be lawful for City, at its election, with or without notice,
to terminate this Lease without prejudice to any claim for rent or for breach of
covenants, or without being guilty of trespass or forcible entry or detainer. City is
hereby granted a lien and security interest for payment of rent and damages for breach
of covenants upon all Lessee's goods and personal property which is or may by placed
upon the Property including without limitation business fixtures, equipment, inventory
and proceeds thereof and such lien may be enforced by the taking and sale of such
property in the same manner and as provided for the disposition of collateral under the
Colorado Uniform Commercial Code.
IX. If the Property is left vacant and any part of the rent remains due and unpaid, City may,
without being obligated to do so, and without terminating this Lease, retake possession
of the Property and rent the same for such rent and upon such terms as City may think
best, making such changes and repairs as may be required, giving credit for the amount
of rent received less all expenses of such changes and repairs, and Lessee shall be
liable for the balance of the rent until expiration of this Lease.
X. Lessee agrees to pay to City all costs, including reasonable Attorney Fees, of any
action brought by City to enforce the Lease or to recover rent or other money due and
unpaid under the Lease or to recover possession of the Property, whether such action
proceeds to judgement or not.
XI. No waiver of any breach of any one or more of the conditions or covenants of this
Lease by City shall be deemed to imply or constitute a waiver of any succeeding or
other breach hereunder. The acceptance of rent by City shall not constitute a waiver
of any breach then existing.
XII. If Lessee remains in possession of the Property after termination of the Lease without
written agreement, such possession shall be deemed to be a tenancy from month to
month upon the same covenants and conditions set forth herein and at a monthly rental
equal to two times the average of the monthly rent payable hereunder for the prior
twelve months.
XIII. In the event of a fire or other casualty in or to the Leased Premises, Lessee shall
immediately give notice to Lessor. If the Leased Premises, through no fault or neglect
of Lessee, its agents, employees or invitees, shall be damaged by fire or other casualty
so as to render the Leased Premises untenantable, and Lessor elects to repair the same,
the rent herein shall abate thereafter until such time as the Leased Premises are made
tenantable by Lessor. In the event the Leased Premises or the Terminal Building shall
be damaged by fire or other casualty and Lessor shall decide not rebuild or repair
(which decision Lessor may make in its sole discretion) then all rent owed up to the
time of such damage shall be paid by Lessee and this Lease shall terminate.
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XIV. Lessee has deposited the sum of $2,000.00 with Lessor as security for Lessee's
prompt performance of all the terms covenants and agreements contained in this Lease.
Lessee understands and agrees (i) that such deposit is not a prepayment of rent and
that Lessor shall not be obligated to apply said deposit to any unpaid rent or portion
thereof, although it may do so at its option; and (ii) that Lessor shall have no obligation
to account to lessee and Lessee shall have no right to recover from Lessor any interest,
earnings or other increments which may accrue during the time such deposit is held by
Lessor.
XV. Notwithstanding anything contained herein to the contrary, the initial three (3) year
term of this Lease shall commence April 12, 1994 or upon negotiated acceptance of
the Leased Premises, whichever occurs earlier.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
this day and year.
T
DATED THIS / / day of 9 - Pg//j 1994.
211 :1 1 .1 KOW- L
: NO " A
WIN
Attest:
City Cl rk '
LESSEE:
CROUSE ENTERPRISES, INC.
Shannon Crouse, President
APPROVED AS TO FORM:
City Atto
WMI
1�
Exhibit B
General Provisions
This Lease is subject and subordinate to the provisions of any existing or future
agreement between City and the United States Government or any agency thereof
relating to the operation or maintenance of the Pueblo Memorial Airport. The United
States Government has reserved the right of immediate re -entry in, to and upon the
Pueblo Memorial Airport including the Property in the event of a National Emergency.
If such a right is exercised, the Lease shall terminate and Lessee shall immediately quit
and vacate the Property and remove all its property and equipment therefrom. If the
Lease is so terminated, neither City or Lessee shall be liable or responsible to the other
party for any damages or account of any covenants of the Lease or herein otherwise
contained.
2. The terms and provisions of the Lease and these General Provisions are subject to the
provisions of Chapter 1 of Title III of the 1971 Code of Ordinances by the City in effect
at the time of execution of the Lease or as same may be hereafter amended. In the
event of a conflict between the provisions of said Chapter 1 of Title III and any provision
of the Lease or these General Provisions, the provisions of said Chapter 1 of Title III
shall control.
3. City reserves for the use and benefit of the public, a right of flight for the passage of
aircraft above the surface of the property, together with the right to cause in said
airspace such noise as may be inherent in the operation of any aircraft now known or
hereafter used, for navigation of or flight in said airspace, and for use of said airspace
for landing on, taking off from, or operation on or over the Pueblo Memorial Airport.
4. City reserves the right, without any obligation on its part to do so, to maintain and keep
in repair the landing area of the airport or other public areas or facilities and to develop,
modify, change, relocate, abandon or improve the Pueblo Memorial Airport, or any part
thereof, as it may determine, in its sole and absolute discretion, at any time. Lessee
hereby releases and forever discharges City from any and all damages or injuries
resulting from or occasioned by any such actions taken or omitted to be taken by the
City.
5. Lessee in performing its operations or providing services under the Lease shall
a. furnish good, prompt, and efficient services.
b. operate and furnish services on a fair, equal, and nondiscriminatory basis to all
users thereof.
C. charge fair, equal, reasonable and nondiscriminatory prices for each unit of sale
or service, including parts, materials, and supplies, provided, Lessee may be
permitted to make reasonable and nondiscriminatory discounts, rebates or other
similar type of price reductions to quantity purchases.
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6. The Lessee, as a part of the consideration hereof does hereby further covenant and
agree, as a covenant running with the property, that in the event facilities are
constructed, maintained, or otherwise operated on the Property for a purpose for which
a Department of Transportation program or activity is extended or for another purpose
involving the provisions of similar services or benefits, the Lessee shall maintain and
operate such facilities and services in compliance with all other requirements imposed
pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted
Programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as such Regulations may be amended (herein "Regulations ").
The Lessee does further hereby covenant and agree, as a covenant running with the
Property, that
a. no person on the grounds of race, color, national origin, age, or disability shall
be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of the Property.
b. that in the construction of any improvement on, over, or under the Property and
the furnishing of service thereon, no person on the grounds of race, color,
national origin, age, or disability shall be excluded from participation in, denied
the benefits of, or otherwise by subjected to discrimination.
C. the Lessee shall use the Property in compliance with all other applicable
requirements imposed by or pursuant to the Regulations.
That in the event of breach of any of the above nondiscrimination covenants, the City
shall have the right to terminate the Lease and to re -enter and repossess the Property
and the facilities thereon, and hold the same as if the Lease had never been made or
issued.
7. Lessee, its officers, agents and employees shall faithfully observe all rules and
regulations affecting the use of the Pueblo Memorial Airport or motor vehicles thereon
or the use and occupancy of the Property, whether established by the Director of
Aviation, the City, the State of Colorado, or the United States or agencies thereof and
Lessee's use and occupancy of the Property and improvements thereon are subject to
all ordinances of the City located within the jurisdictional limits of the City.
8. Lessee shall indemnify and save harmless the City, its officers, agents, and employees
from and against any and all claims, demands, actions, suits and expenses (including
reasonable attorney fees) of any nature including those based upon injury to persons
including death, or damage to property, including loss of use, arising out of, caused by,
or sustained by the acts or omissions of Lessee, its officers, agents, or employees, or
in connection with the performance of the Lease, or by conditions created thereby, or
by conditions of the Property, or based upon any violation of any statute, ordinance,
or regulation, except those caused by the negligence of the City, its officers, agents
or employees.
9. Lessee shall maintain at its expense during the effective period of the Lease
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a. comprehensive general liability, products liability, and property damage
insurance against liability for injuries to or death of any person for damage to or
loss of property with limits not less than $500,000 combined single limit per
occurrence.
b. workmen's compensation insurance with policy provisions as required by
Colorado State Law.
Lessee shall furnish to the City certificated from an insurance company
acceptable to the City certifying such insurance to be in force during the
effective term of the Lease. All such insurance shall provide for a minimum of
ten (10) days notice to the City in the event of cancellation or material change
in the terms thereof. The City reserves the right to reasonable increase the
minimum insurance limits set forth in (a) above.
10. The Lease and these General Provisions are intended as the complete integration of all
understandings and agreements between the parties. No prior or contemporaneous
addition, deletion, or other amendment shall have any force or effect whatsoever unless
specifically included in the Lease. No subsequent novation, renewal, addition, deletion,
or other amendment to the Lease or hereto shall have any force or effect unless
embodied in a written agreement and approved by Resolution or Ordinance of the City
Council of the City.
11. Lessee shall not assign or otherwise transfer the Lease or any of Lessee's interest
therein or sublease the Property or any portion thereof without the prior written consent
of the City first had and obtained. If Lessee is a corporation or partnership, a majority
interest in the partnership shall not be sold or otherwise transferred without the prior
written consent of the City. Any such assignment, transfer or sublease made without
prior written consent of the City shall be void and ineffective as to the City and shall
constitute grounds to terminate the Lease.
12. In case any one or more of the provisions contained herein or in the Lease shall be
invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability
of the remaining provisions contained herein or in the Lease shall not be affected or
impaired thereby.
13. Whenever in the Lease or in these General Provisions any of the Parties hereto is named
or referred to, the successors and assigns of such party shall be deemed to be included
and all the covenants, promises and agreements contained herein or in the Lease by or
on behalf of the Lessee, or by and on behalf of the City, shall bind and inure to the
benefit of the respective successor and assigns, whether so expressed or not.
14. It is the intention of the parties hereto that the Lease and these General Provisions and
the rights and obligations of the parties hereunder shall be governed by and construed
and enforced in accordance with the laws of the State of Colorado.
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15. Lessee shall at its expense, throughout the term of this Lease, maintain and keep in
force the following insurance: Contractual liability insurance to insure the performance
by Lessee of the indemnification agreement of paragraph (8) hereof.
All such insurance shall provide for a minimum of ten (10) days notice to the City in the
event of cancellation, non - renewal or material modification. Lessee shall provideCity
with certificates of such insurance.
16. Neither the City nor Lessee shall be liable to the other for any business interruption or
any loss or damage to property or injury to or death of persons occurring on the
Airport, or in any manner growing out of or connected with the Lessee's use and
occupancy of the Property or the condition thereof, whether or not caused by the
negligence or other fault of City or Lessee, or their respective officers, agents or
employees. This release shall apply to the extent such business interruption, loss, or
damage to property or injury to or death of persons is covered by insurance regardless
of whether such insurance is payable to or protects the City or Lessee or both. Nothing
herein shall be construed to impose any other greater liability upon either City or Lessee
than would have existed in the absence of this provision. This release shall be in effect
so long as the applicable insurance policies contain a clause to the effect that this
release shall not affect the right of the insured to recover under such policies. Such
clauses shall be obtained by the parties whenever possible. The release in favor of City
contained herein, is in addition to, and not in substitution for, or in diminution of the
hold harmless and indemnification provisions hereof.
17. The Lease and any amendment or modification thereto are subject to the prior written
approval of the Federal Aviation Administration. Lessee agrees to comply with
notification and review requirements of construction, modification, or alteration of any
building or structure on the Property.
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,Ashtrays
$1.0
1
$0
Broad Pan
$3.25
4
$0.00
D esert S torm W
1
60.00
Flour Sifter
$2
1
$0.00
Funnels
818.00
3
WOO
Knife R ac k
$20.00
1
$0.00
Large Oval Servin Tray
62_5.00
1
$0.00
Measuring
Milk C reamers
$12.00
4
$0 .00
81.98
2
$0.00
Pie Cutter
$3.75
II
$0.00
Salad Dressing Conta_ innre
$9.98
4
$0.00
_
Sa utee P
5
$0.00
T
Side Plate
14
$0.00
Specials Sign
1
- 6
Steamteble dividers
_
11
$0 .00
T
S trainer s
1 $27.401
_
2
$0.OU
Tortilla Basket
1
50.00
.,
'
Item R
Retail U
Used -
-- Quantity T
Total
[ Bar Blender $
$85.75
Bullets $
$2.00 $
$0.50 3
32 0
016.00
$57.25 1
11 Glass/1 4 Plastic
Carafor, (Waterl 6
6 .57 $
$2.29 2
25 $
Carts (Coffee) $
$250.00 $
2 1
1300.00
Carts (Stainless Steell $
$132.00 $
$96.00 S
S $
$270.00 1
1 broken
Carts (Wood) 4
4200.00 $
$125.00 2
2 $
$2!30.00
Chafing Dishes (each) 6
689.00 $
$50.00 6
6
$16.00 0
07.00 3
3 $
Coffee CupsTd__oTe;n) $
$21.00
Coffee Warmer 5
5.00 7
7.50 1
1 4
47.50
culailders 6
612.27 $
1 $
$6.14
Condiment jt�y_ .
.79 0
05.00 A
A $
$5.00
Cracker Baskets (dozen) $
$28.47 $
$14.24 3
3 $
$42.72 3
3 extra (straw/plastic)
Cutting Boa ds (each) .
.85 .
$23.79
Dessert Dishes (dozen) $
$7.98 $
$3.99 2
2 0
3 extra
Dish Racks 6
614.58 $
$10.00 7
7 $
$70.00
Drawer under Baking Table $
$75.00 1
1 $
$75.00
Oryer $
0300.00 1
1 0
0300.00
Fi�Wn4iilkitchen 4: 58 1/2" $
$389.00 0
0194.50 5
5
Flour Bin $
$147.00 $
$59.00 1
1
Frying Pans $
$4.00 $
$2.00 2
2 0
04.00
Glass Racks $
$10.00 1
12 1
120.00
Ice Cream Scoops s
s O
O 4
4 $
$4.00
Knives - butteristeak (dozen) $
$5.75 $
$5.50 1
12 $
$60.6
Line Pans w/Lids leach) 0
02§.96 $
$14.98 4
42 $
$629.16 v
vaded sizes
Microwave $
$249.00 $
1 $
$50.00
4300.00 $
$250.00 1
- $250.00
$13.00 $
$7.00 1
13 s
varied sizes
077.30 $
$38.65 2
2 $
Mop Bucket 0
$77.30
Patio Chairs $
$4.84 $
$3.50 8
82 $
$287.00
$149.80
029.96 $
$14.98 1
10 $
$8.98 0
04.49 3
3 $
Pie Plates 9
90.75 5
55 $
$41.25
Plants w1stands (Al five) 4
4260.00 $
$150-00 1
1 $
$150.00
Plants (artificial) $
$30.00 $
$1 $
$60-00
$21.98 $
$10.99 5
5 $
Plates 9*/Platters (dozen) $
$50.00 0
0#22.95 1
1 $
$252.45 1
1 extra
EXHIBIT "A"
=au.e Pots fLarge�
Scnle"( Ib,)
$64.84
$32.4
10
$324.20
1 3�
$19.00
075.00
varied sizes
idd
$9.49
9
varied sizes
$4.75
4
6 extra
886-00
$20.00
$4TO6
1
S� N LinalEays (Round)
n
$5.00
!�erv��% �ray-s are)
4 -- 02-97
Sheet Pans (11 )�l 6* -' I�i
E;helv 14 sWvf-_!314_poli�
Silverware fra�s
Small Table (2x2)
$20.00
$5.00
6 -
t3o.0
�6-49
16
$103.84
$427.00
$200-00
$600.00
$16.00
MOO
$S,bO
3
6135.00
067.50
1
.- $67.50
!�0 3
tP15.00
$2.501
27
1
067.50
$75.00
S Warmer
$150.00
$75.00
Spatula3 (each)
$1.98
sb�.90
4
$3.96
Spoons (dozen)
$5.75
24
692.40
- §p oons - '(Qg. Cooking - each)
$0.99
13
$12.87
Stainless Tables (Kitchen)
$400.00
$300.00
3
0900.00
Stock Pots (aluminum 20 qtj
!�weevn'Low Containers
_
i79
�11 5.77
5
$78.85
wried sizes
01.25
36
$46.37
Syrup Containers
03.49
- 13
Table Tents (UG)
$2.98
41.49
31
$30.00
Teapots
$2.50
$2.50
12
: Flji�W Wheel
$85.00
$48.00
1
$48.00
Tongs
$5.45
$1.00
13
$13-00
693 . 00
$5 - 0 - .00
Trashcane tround, w1rollersi
fibeshcan� (square)
$60.00
$31.00
3
i
$25.00
2
Umbrella Bases
$3.00
$ 1. SO
16
$24.00
Washer
Water Glasses (dozen)
Water Pitchers JPlastic)
$289-99
$145.00
1
$145.00
$77.00
$10.85
$7.00
11
1 extra
04.35
$2.20
9
� 9.60
)N�h�jqs 0 2" - each)
--- 07.63
03.82,-3-
4 ti,
Wood Cabinot tio)
$179.97
$135.00
1
$135.00
TOTAL
- 7 - 7,556.78
$4,359.05
946
$11,422.11
Credits
Amount
Purchase $11,422.11
I Minus rediFT
Total $9,872.11
Tilt Skillet
$1,550.00
TOTAL
$1,550.001
Exhibit C
Inventory of Restaurant Equipment
Owned by Pueblo Memorial Airport
• Custom stainless steel chef's table. Includes 3- compartment steamer, 3 -door
refrigerator, double pass -thru selves, and 2 heat lamps.
• Ice machine. Includes ice bin.
• Pedestal hand sink.
• Stainless steel 3- compartment sink with drainboards. Includes disposal.
• Kitchen dishwasher.
• Refrigerator pastry case.
• Double stack covection oven.
• Gas griddle. Includes stand.
• Custom stainless steel work table. Includes 2 sinks, 2 power outlets, and bottom
shelf.
• Gas fryer.
• Six burner stove with a single oven.
• Two -door freezer.
• Two -door cooler.
• Proofer.
• Oval pot rack.
• Two - drawer thermahot food server.
• Coveyor toaster.
• Tilt skillet.
• Walk -in cooler /freezer. Includes 11 units of shelving.
• Bar dishwasher.
Exhibit C
page 2
• Custom stainless steel waitress station. Includes sink and ice bin.
• Ice cream cabinet.
• 22 tables.
• 60 chairs.
• 8 bar stools.
• Window blinds.
• Window valances.
D � O
D
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
May 24, 1994
Ms. Marian Mead
City Clerk
1 City Hall Place
Pueblo, CO 81003
Re: Pueblo Memorial Airport Restaurant Lease
DeJoy and DC -61, Inc.
Dear Marian:
Enclosed please find the original Mutual Settlement and Release Agreement between the City
and Valerie DeJoy and DC- 61,Inc. regarding the lease of the restaurant at the airport. This
Agreement should be filed with the resolution approving the Lease and Operating Agreement
dated April 12, 1993.
If you have any questions, please contact me.
Very truly yours,
f
Thomas E. Jagger
sm
enc.
MUTUAL SETTLEMENT AND RELEASE AGREEMENT
This Agreement entered into as of the 12th day of May, 1994 between Pueblo, a
Municipal Corporation (the "City ") and Valerie DeJoy and DC -61, Inc., a Colorado Corporation
(the "Lessee ").
Whereas, City and Lessee entered into a Lease and Operating Agreement dated April 12,
1993 for the operation of the restaurant in the terminal building at the Pueblo Memorial Airport
(the "Lease "), and
Whereas, disputes have arisen between City and Lessee with respect to the performance
and termination of the Lease, and
Whereas, City and Lessee are desirous of settling such disputes upon the terms and
conditions herein set forth,
Now therefore, in consideration of the foregoing and mutual covenants herein contained,
City and Lessee agree as follows:
1. The $2,000.00 deposited by Lessee pursuant to Article XIV of the Lease shall be
retained by City as its separate property.
2. Lessee has purchased from City and City has sold to Lessee for a purchase price of
$1,550.00 the Titl Skillet located at the restaurant and City warrants title thereto free of liens and
encumbrances. The purchase price of $1,550.00 shall be deducted from the purchase price to be
paid by City under paragraph 3.
3. City has purchased from Lessee and Lessee has sold to City for a purchase price of
$11,422.11 the equipment described in the attached Exhibit "A" located at the restaurant and
Lessee warrants title thereto free of liens and encumbrances. The Lessee acknowledges receipt
of the purchase price of $11,422.11 consisting of $9,872.11 cash and $1,550.00 credit for the
purchase of the Titl Skillet pursuant to paragraph 2.
4. Lessee will in an expeditious manner remove the balance of Lessee's equipment from
the restaurant and City will cooperate with Lessee in such removal. The Lease is terminated
effective March 1, 1994 and City and Lessee mutually release and forever discharge each other
from any and all claims, demands , actions or liabilities, whether known or unknown, resulting
from or in any manner arising out of the Lease or its performance or non - performance by either
City or Lessee or the acts of the City or Lessee with respect thereto.
5. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, personal representatives, successors and assigns.
Executed at Pueblo, Colorado the day and year first above written.
Pueblo, a Municip nation DC -61, Inc
By
.rector rector of Aviation President
Valerie DeJoy
2