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