HomeMy WebLinkAbout7381RESOLUTION NO. 7381
A RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE
CITY PARK GOLF COURSE RESTAURANT CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City of Pueblo does hereby consent to the assignment of the Contract dated June 4, 1981,
the Agreement dated November 12, 1984, and the Extension Agreement dated November 23, 1992
(herein collectively the "Operating Agreement ") relating to the operation of the City Park Golf
Course Restaurant, from the Restaurant At The City Park, a Colorado general partnership, Frank G.
DeJoy, Martin G. DeJoy and Edward Jacketta, individually and as general partners of the Restaurant
At the City Park (the "Assignors ") to Edward Jacketta (the "Assignee "), without, however, releasing
or discharging the Assignors from any liability or obligation under the Operating Agreement.
SECTION 2
The consent hereby granted shall become effective on the date an executed Assignment And
Acceptance in form and content satisfactory to the City Attorney is filed in the office of the City
Clerk. The Operating Agreement shall not be further assigned nor transferred without the prior
written consent of the City.
ATTEST:
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/ City Clerk]
INTRODUCED: May 23 , 1994
By SAMUEL CORSENTINO
Councilperson
APPROVED:
*-Predentof &j City Council
ASSIGNMENT AND ACCEPTANCE
FOR VALUE RECEIVED, The Restaurant at the City Park, A
Colorado General Partnership, Frank G. DeJoy, Martin G. DeJoy and
Edward Jacketta, partners (the "Assignors "), hereby sell and
assign, effective the 6th day of October, 1993, to Edward Jacketta,
(the "Assignee ") all of the Assignors' rights, title and interest
in and to a certain Contract dated June 4, 1981, 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 Frank G. DeJoy and Martin G. DeJoy 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 6D ± day of April, 1994.
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ASSIGNORS:
The Restaurant at the City
Park, A Colorado n GenI al
Partnezahip .1-11 , 1
ASSIGNEE:
by: F nk G - . DeJoy
Gener 1 Partner