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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.
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