HomeMy WebLinkAbout09496RESOLUTION NO. 9496
A RESOLUTION APPROVING ADDENDUM TO GOLF
COURSE MANAGEMENT AGREEMENTS BETWEEN CITY
OF PUEBLO, A MUNICIPAL CORPORATION AND ZAREMBA
ENTERPRISES, INC. AND AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Addendum To Golf Course Management Agreements dated February 11, 2002
between the City of Pueblo, a municipal corporation and Zaremba Enterprises, Inc.
( "Addendum "), a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2
The President of the City Council is authorized to execute and deliver the
Addendum in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED: February 11, 2002
By: Al Gurgle
Councilperson
APPROVED:
President of the Council
.: 1.1i
D
City of Pueblo
OFFICE OF THE CITY ATTORNEY
503 N. Main Street, Suite 127
Pueblo, Colorado 81003
Telephone: (719) 545 -4412
Fax No.: (719) 545 -4301
Background Paper for Proposed
RESOLUTION
DATE: February 11, 2002
DEPARTMENT: City Attorney's Office
/I,1 �i
AGENDA ITEM # 5
TITLE
A RESOLUTION APPROVING ADDENDUM TO GOLF COURSE MANAGE-
MENT AGREEMENTS BETWEEN CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND ZAREMBA ENTERPRISES, INC. AND AUTHORIZ-
ING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve Addendum To Golf Course Management
Agreements?
RECOMMENDATION
Approve the Addendum To Golf Course Management Agreements.
BACKGROUND
The Golf Course Management Agreements for City Park Golf Course and
Walkingstick Golf Course between the City and Zaremba Enterprises, Inc.
do not contain any provision with respect to damage to the Golf Course or
waiver or subrogation in the event of an insured casualty loss to the City's
property or that or Zaremba. The City risk manager recommends the
inclusion of such a subrogation provision and the City Attorney concurs in
such recommendation.
FINANCIAL IMPACT
None.
ADDENDUM TO GOLF COURSE MANAGEMENT AGREEMENTS
This Addendum entered as of February 11, 2002 between City of Pueblo, a Municipal
Corporation ( "City ") and Zaremba Enterprises, Inc., a Colorado Corporation ( "Manager "),
Witnesseth:
Whereas, City and Manager entered into the City Park Golf Course Management Agreement
dated June 12, 2000 and the Walkingstick Golf Course Management Agreement dated June 12, 2000
(collectively referred to herein as "Management Agreements "), and
Whereas, City and Manager are desirous of amending the Management Agreements relating
to the occurrence of damage or destruction of improvements on the respective Golf Course,
Now,Therefore, in consideration ofthe foregoing and mutual promises contained herein, City
and Manager agree as follows:
1. Each Management Agreement is amended by the addition of a new paragraph 23
which reads as follows:
23. In the event of damage to or destruction of any building or facility located on
the Golf Course, City, in its sole discretion and without any penalty or liability, may elect not
to repair or replace such building or facility and shall notify Manager in writing of its
election within 60 days after the occurrence of such damage or destruction. If the Clubhouse
is damaged or destroyed, and City elects not to repair or replace the Clubhouse, Manager may
terminate this Management Agreement by written notice given to City within thirty (3 0) days
after Manager receives written notice of City's election not to repair or replace the
Clubhouse. Each party and all parties claiming through or under such party by way of
subrogation or otherwise, releases the other party including the other party's officers,
employees and agents, from all liability, whether for negligence or otherwise, in connection
with loss covered by any insurance policy which the releasor carries with respect to the Golf
Course or any interest or property therein or thereon (regardless of whether such insurance
is required to be carried under this Agreement), but only to the extent that such loss is
collected under said insurance policies. Such release is also conditioned upon the inclusion
in the policy or policies of a provision whereby any such release does not adversely affect
such policies or prejudice any right of the releasor to recover thereunder.
2. The Management Agreements as amended by this Addendum shall remain in full
force and effect.
Executed the day and year first above written.
City of Pu
By ---C C
President of the City Council
s
Zaremba Enterpr ses, Inc.
By
President
Attest: X1,0,
Secretary
MA
Approved as to form:
City AttorneyLx
GUARANTY
The undersigned, Michael Zaremba, guarantees the performance of the Manager under the
Management Agreements and does hereby consent to and approve the foregoing Addendum To Golf
Course Management Agreements without in any manner affecting his guaranty or the performance
thereof by him.
Signed /x,2 3 2002.
Michael Zaremba
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