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HomeMy WebLinkAbout10579RESOLUTION NO. 10579 A RESOLUTION APPROVING AN EXTENSION AGREEMENT BETWEEN THE CITY OF PUEBLO AND SKY CORRAL R/C CLUB RELATING TO RECREATIONAL MODEL AIRPLANE FACILITY 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 December 12, 2005 between the City of Pueblo and Sky Corral R/C Club relating to a recreational model airplane facility, 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 December 12, 2005 PRES1 9 F CITY frP s BY Michael Occhiato Councilperson 4� - Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: December 12, 2005 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN EXTENSION AGREEMENT BETWEEN THE CITY OF PUEBLO AND SKY CORRAL R/C CLUB RELATING TO RECREA- TIONAL MODELAIRPLANE FACILITYAND AUTHORIZING THE PRESIDENTOF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City extend for one year the Sky Corral R/C Club Management Agreement? RECOMMENDATION Extend the Management Agreement. BACKGROUND Sky Corral R/C Club (Manager) manages a portion of the Honor Farm property purchased by the City as a recreational model airplane facility under Management Agreement which expires December 31, 2005. The Extension Agreement extends the term of the Management Agreement for one (1) year from January 1, 2006 to December 31, 2006. Under the Management Agreement, Manager is responsible for all improvements, utilities, insurance and liability associated with the property and its use thereof. FINANCIAL IMPACT See Background. EXTENSION AGREEMENT THIS EXTENSION AGREEMENT entered into as of December 12, 2005 between Pueblo, a Municipal Corporation ( "City ") and Sky Corral R/C Club (the "Manager "), WP['NESSETH: WHEREAS, City and Manager entered into a Management Agreement dated January 1, 1996 and Renewal Agreement dated. August 14, 2000 (collectively the "Management Agreement:), and WHEREAS, the Management Agreement expires December 31, 2005, and WHEREAS, the property under management by Manager previously consisted of a part of the Honor Farm which has been purchased and acquired by City, and WHEREAS, City and Manager are desirous of extending the Management Agreement for one year to December 31, 2006. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Manager agree as follows: 1. The term of the Management Agreement is extended for one (1) additional year from January 1, 2006 to December 31, 2006 upon the same covenants, conditions and provisions except any right of Manager to renew or extend the Management Agreement. 2. Any references in the Management Agreement to the Lease between City and State or to approval of the State are hereby deleted. The Management Agreement as amended by this Extension Agreement shall remain in full force and effect and shall be binding upon and inure to the benefit of City and Manager. Manager shall not assign the Management Agreement without the prior written consent of the City. Executed at Pueblo, Colorado the day and year first above written. [SEAL] Attest: City Clerk [SEAL] Attest: Name: D MZ /y/l) Title: PUF LO, A MUN, CIPAL PO TION By President of the ity Coun 11 Robert D. Schilling, Jr. SKY CORRAL C CLUB B � Name: /�clJ2o' w. /,llf lh Title: