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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 -2-