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Home My WebLink About09898RESOLUTION NO. 9898 A RESOLUTION APPROVING AN EXTENSION AGREEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO ZOOLOGICAL SOCIETY RELATING TO THE MANAGEMENT AGREEMENT FOR THE OPERATION AND MANAGEMENT OF THE PUEBLO ZOO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Extension Agreement dated July 14, 2003 between the City of Pueblo and Pueblo Zoological Society relating to the Management Agreement for the operation and management of the Pueblo Zoo, 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 Extension Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED July 14, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk Background Paper for Proposed RESOLUTION AGENDA ITEM # ~'- DATE: July 14, 2003 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN EXTENSION AGREEMENT BE'FWEEN THE CITY OF PUEBLO AND PUEBLO ZOOLOGICAL SOCIETY RELATING TO THE MANAGEMENT AGREEMENT FOR THE OPERATION AND MANAGEMENT OF THE PUEBLO ZOO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the extension of the Management Agreement for the Pueblo Zoo for a period of ten (10) years? RECOMMENDATION None · BACKGROUND Pueblo Zoological Society ("Socie.ty.'~) ~an~ages the Pueblo Zoo under a Management Agreement dated September 1, !~98~i~hich,~may be extended for five years from January 1, 2004 to January 1, 2009. Society has re.quested that the Management Agreement be amended to authorize an extensi~r~ f°?~t'~r~i;I 0) years from January 1, 2004 to January 1, 2013. See attached letter from Pueblo Zoological Society. FINANCIAL IMPACT Extending the Management Agreement will require the City to continue to fund the operation of the Pueblo Zoo by the Pueblo Zoological Society for an additional ten years instead of five years. EXTENSION AGREEMENT THIS EXTENSION AGREEMENT ("Agreement") entered into as of July 14, 2003 by and between the City of Pueblo, a Municipal Corporation ("City") and the Pueblo Zoological Society, a Colorado nonprofit corporation ("Society"), WITNESSETH: WHEREAS, City and Society entered into the City of Pueblo Zoo Management Agreement dated as of September 1, 1989 ("Management Agreement"), and WHEREAS, Society has requested that the renewal term of the Management Agreement be extended for ten years instead of five years, and WHEREAS, City is willing to extend the renewal term of the Management Agreement from five years to ten years. NOW, THEREFORE, in consideration of tie foregoing and mutual covenants contained herein, City and Society agree as follows: ~ 1. Paragraph 2(b) of the Management Agreement is amended to read as follows: (b) If Society is not in default thereunder, Society shall have the option to extend the term of this Agreement for ten (10) ye3.rs fr~?'lanUary 1,2004 to December 31, 2013, upon the same terms and conditions, provided S~ciety gives written notice of the exercise of this option to extend to City not Jess than three (3) months prior to December 31,2003. 2. The Management Agreement, as amended by this Extension Agreement, shall remain in full force and effect, binding uPon and inuring to the benefit of City and Society. Executed at Pueblo, Colorado as of the day and year first above written. [SEAL] ATTEST: ,,.. eit~ C~k CITY OF PUE~EO~~ President of the City Council APPROVED AS TO FORM: City'Attorney (~/-- ]SEAL] ATTEST: '-- Secretary PUEBLO ZOOLOGICAL SOCIETY Pueblo Zoological Society 3455 Nuckolls Avenue Puebl0, CO 81005-1234 Phone: (719) 561-1452 Fax: (719) 561-8686 Dr. Bill Sova 5 Harrogate Terrace Pueblo, CO 81001 June 6, 2003 Dear Dr. Sova: We are writing on behalf of the Pueblo Zoological Society Board of Directors to request extension of the City of Pueblo Zoo Management Agreement until December 31, 2013. We are requesting the extension be for ten (10) years to expand our grant application opportunities. Foundations that are national in scope generally require that such agreements be in effect for a minimum of ten years. Furthermore, having an agreement of this term will strengthen the Pueblo Zoo's next application for accreditation by the American Zoo and Aquarium Association due in early 2006. We have enclosed a copy of the Agreement for your convenience and look forward to hearing from you. Sincerely, Mot~re President Executive Director Cc City Council Members Lee Evett Dave Galli JUN 1 3 2003 Pueblo' Zoological Society 3455 Nuck011$ Avenue Pueblo, CO 81005-1234 Phone: (719) 561-1452 Fax: (719) 561-8686 September2,2003 Dr. Big Sova President Pueblo City Council City Hall 1 City Hall Place Pueblo, CO 81003 Dear Dr. Sova: AS per the requirements of the City of Pueblo Zoo Management Agreement, the Board of Directors of the Pueblo Zoological Society hereby notifies the City that they wish to exercise the option to extend the term of the Agreement under the same terms and conditions for ten (10) years from January 1, 2004, to December 31, 2013. Sincerely, Larry G. Moore President Carol Rickman Secretary SECOND EXTENSION AGREEMENT THIS SECOND EXTENSION AGREEMENT ( "Agreement ") is entered into as of July 29, 2013 by and between the City of Pueblo, a Municipal Corporation ( "City ") and the Pueblo Zoological Society, a Colorado nonprofit corporation ( "Society "), WITNESSETH: WHEREAS, City and Society entered into the City of Pueblo Zoo Management Agreement dated as of September 1, 1989 as extended by an Extension Agreement dated July 14, 2003 and modified by a Modification Agreement dated April 10, 2006 (herein after collectively the "Management Agreement), and WHEREAS, the Extension Agreement dated July 14, 2003 extended the term of the Management Agreement until December 31, 2013; WHEREAS, Society desires, and City is willing to extend the term of the Management Agreement for an additional five (5) years until December 31, 2018; NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Society agree as follows: 1. Paragraph 2 of the Management Agreement is amended to read as follows: (a) City hereby appoints and retains Society subject to and upon the terms and conditions herein set forth, as an independent contractor, to operate, manage, maintain and promote the Zoo for a term of five (5) years from January 1, 2014 to December 31, 2018, unless sooner terminated as herein provided. Society does hereby accept such appointment and agrees to perform all functions and obligations on its part to be performed under this Agreement in compliance with this Agreement and all applicable laws, ordinances, regulations and resolutions now in effect or hereafter enacted. (b) If Society is not in default hereunder, Society may extend the term of this Agreement for one (1) year from January 1, 2019 to December 31, 2019, upon the same terms and conditions, provided Society gives written notice of the exercise of this option to extend to City not less than six (6) months prior to December 31, 2018. 2. The Management Agreement as amended by this Second Extension Agreement, shall remain in full force and effect, binding upon and inuring to the benefit of City and Society. Executed at Pueblo, Colorado as of the day and year first above written. CITY OF PUEBLO, PUEBLO ZOOLOGICAL SOCIETY a Municipal Corporation By: By: i- /_A.11 .1- 71& ii Sam zad, City Manager Presid nt APPROVED AS TO FORM: Daniel C. Kogovsek, City 4rney