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HomeMy WebLinkAbout10691RESOLUTION NO. 10691 A RESOLUTION AMENDING THE MANAGEMENT AGREEMENT BETWEEN THE PUEBLO ZOOLOGICAL SOCIETY, A COLORADO NON - PROFIT ORGANIZATION, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO SELL AND DISPENSE ALCOHOLIC BEVERAGES WITHIN THE ZOO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Modification Agreement between the City of Pueblo, A Municipal Corporation, and the Pueblo Zoological Society, a Colorado nonprofit corporation, dated April 10, 2006, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute and deliver the Modification Agreement in the name of the City, and the City Clerk is directed to affix the seal of the City hereto and attest the same. SECTION 3 This Resolution shall become effective upon final passage and approval. BY Randy Thurston Councilperson APPROVED: — , President of City Council ATTESTED BY: CITY CLERK INTRODUCED April 10, 2006 u � Background Paper for Proposed RESOLUTION AGENDA ITEM # ) ,� DATE: April 10, 2006 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALL[, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER TITLE A RESOLUTION AMENDING THE MANAGEMENT AGREEMENT BETWEEN THE PUEBLO ZOOLOGICAL SOCIETY, A COLORADO NON - PROFIT ORGANIZATION, AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, TO SELL AND DISPENSE ALCOHOLIC BEVERAGES WITHIN THE ZOO ISSUE The Pueblo Zoological Society (PZS) met with City staff to discuss the existing management agreement between the City and PZS and has requested to modify this agreement to allow the selling and dispensing of alcoholic beverages within the Zoo. The PZS will comply with all applicable state and City laws, rules, and regulations and obtain liability insurance to engage in such activities. The PZS is offering these products due to the increased demand and requests by its customers. Approval of the Resolution. FINANCIAL IMPACT None. MODIFICATION AGREEMENT THIS MODIFICATION AGREEMENT ( "Agreement ") entered into as of April 2006, 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 Management Agreement be modified to allow Society to sell and dispense alcoholic beverages within the Zoo, and WHEREAS, City is willing to modify the Management Agreement to allow Society to sell and dispense alcoholic beverages within the Zoo. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Society agree as follows: Paragraph 3 of the Management Agreement is hereby amended by the addition of the following new subparagraph (i): (i) At Society's option, to sell or dispense alcoholic beverages within the Zoo in accordance and in compliance with all applicable state and City laws, rules and regulations including, without limitation, Chapter 3 of title XI of the Pueblo Municipal Code after obtaining liability insurance for such activity meeting the requirements of Paragraph 15 hereof. 2. The Management Agreement, as amended by this Modification 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, [SEAL] A MUNI AL CORPORATION ATTEST: By �— City lerk President of the City Council APPROVED AS TO FORM: zz City Atto [SEAL] ATTEST: S etary PUEBLO ZOOLOGICAL SOCIETY By President cl