Loading...
HomeMy WebLinkAbout8019. 0't-\\ RESOLUTION NO. 8olg A RESOLUTION APPROVING ADDENDUM NO. 2 TO THE AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND ESTRADA FOODS, INC. RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: Addendum No. 2 to the November 13, 1995 Agreement between Pueblo, a Municipal Corporation and Estrada Foods, Inc., relating to a job creating capital improvement project, 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 and deliver Addendum No. 2 in the name of the City and the City Clerk is directed to attest same. INTRODUCED r)e . mhPr - 1 1996 BY: Charms Ps nPG Councilperson APPROVE P70ent of the touncil ATTEST: City Clerk ADDENDUM NO. 2 THIS ADDENDUM NO. 2 entered into as of June 18, 1996 between Pueblo, a Municipal Corporation (the "City ") and Estrada Foods, Inc., a Colorado corporation (the "Company "), WITNESSETH: WHEREAS, City and Company entered into an Agreement dated November 13, 1995 with respect to a job creating capital improvement project (the "Agreement "), and WHEREAS, the references to paragraph numbers in the introductory sentence of paragraph 4 of the Agreement are incorrect and the parties are desirous of amending the Agreement to correctly refer to such paragraph numbers. NOW, THEREFORE, in consideration of the foregoing and mutual covenants, City and Company agree as follows: The introductory sentence to Paragraph 4 of the Agreement is amended to read: Notwithstanding anything contained herein to the contrary, if Company shall for any reason default in its Employment Commitment set forth in paragraph 3 hereof, Company shall repay to City a pro -rata share of the City Funds advanced by City under paragraph 2 hereof based upon the number of Full -Time Employees employed by Company at the Facility (the "Repayment Obligation "), as follows: 2. The Agreement as amended by this Addendum No. 2 and Addendum No. I dated January 5, 1996 shall remain in full force and effect. Executed in Pueblo, Colorado as of the date first above written. ESTRADA FOODS, INC. By GZA-IZ �vr� President ATTES 1 ' - 1 Secretary PUEBLO, A MUNICIPAL CORPORATION B Preside of the City Z7ouncil ATTEST: City Cler CONSENT AND APPROVAL We, the undersigned Guarantors of Estrada Foods, Inc.'s obligations under the Agreement dated November 13, 1995 between the City and Estrada Foods, Inc. do hereby consent to the above Addendum No. 2 and agree to the modification to the AVerent as containe in Addendum No. 2 without in any manner affecting our liability under our on �nuin Guarant ated January 22, 1996. f 1:\ CITY \ECONDEV�ESIRADA\ADDNDM2.WPD _2