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HomeMy WebLinkAbout11035RESOLUTION NO. 11035 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE GREENWAY AND NATURE CENTER OF PUEBLO, INC., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: .q Fr.TInN 1 The Amendment No. 1 dated June 25,2007 between the City of Pueblo and the Greenway and Nature Center of Pueblo, Inc., a copy of which is attached and incorporated herein, having been approved as to form by the City Attorney is hereby approved. SECTION 2. The President of the City Council is authorized to approve the adoption of resolution, and the City Clerk to attest the same, by and on behalf of the City of Pueblo. .qFrTInN This resolution shall become effective upon final approval and passage. m APPROVED: a ESID NTof City Council ATTESTED BY: CITY CLERK INTRODUCED June 25, 2007 Michael Occhiato Councilperson %/ ED Background Paper for Proposed RESOLUTION AGENDA ITEM # q DATE: June 25, 2007 DEPARTMENT: OFFICE OF THE CITY MANAGER DAVE GALLI, CITY MANAGER DOUG FITZGERALD, ASSISTANT CITY MANAGER THOMAS D. MARTINEZ, ASSISTANT CITY MANAGER FOR CONTRACT SERVICES TITLE A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE GREENWAY AND NATURE CENTER OF PUEBLO, INC., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve Amendment No. 1 to the Management Agreement with the Greenway and Nature Center? BACKGROUND The Nature Center had asked for financial assistance from the City of Pueblo by having the City pay for the cost of insuring the buildings on the property., The annual cost for the Nature Center to obtain commercial property coverage on the buildings was $8,789. With the amendment, the Nature Center would still be responsible for the paying for the cost of the commercial liability insurance and workman's compensation insurance. Approval of the amendment would also allow the City to provide the net proceeds of such insurances funds to the Nature Center to repair damaged buildings there. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT The cost for the City to insure its buildings at the Nature Center have amounted to annual costs of $1,450 for 2005, $1,653 for 2006, and $1,802 for 2007. AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT THIS AMENDMENT NO. 1 dated as of June 25 , 2007 by and between Pueblo a Municipal Corporation (the "City ") and Greenway and Nature Center of Pueblo, Inc. (the "Manager "). WHEREAS, City and Manager entered into a Management Agreement dated as of June 1, 2004 relating to the management of the Nature Center (the "Management Agreement "); and WHEREAS, City and Manager desire to amend the Management Agreement upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Manager agree as follows: Section 12.1 of the Management Agreement is amended to read as follows: 12.1 Manager shall, at its expense, maintain and keep in force (i) comprehensive commercial liability insurance including contractual coverage naming the City as an additional insured in amounts not less than $1 million single limit for property damage and personal injury, and (ii) workers' compensation insurance required by Colorado law. Manager shall furnish copies or certificates of such insurance to the City's Director of Finance. 2. Section 12.4 is deleted in its entirety and the following new Section 12.4 is added to the Management Agreement. 12.4 City will insure the buildings located on the Property against fire and other insurable hazards in accordance with City's policies and procedures. In the event of fire or other insured hazards, City will make available the net proceeds of such insurance to Manager to repair or rebuild the property damaged by such fire or other insured hazard, provided, that if Manager declines to repair or rebuild the property and so notifies City within thirty (30) days of the occurrence of the fire or other hazard, the net proceeds of such insurance shall be retained by City and this Management Agreement shall terminate. City and Manager and all parties claiming under them mutually release and discharge each other from all claims and liabilities arising from any fire or other hazard covered by such insurance regardless of the cause of the damage or loss. 3. The Management Agreement as modified by this Amendment No. 1 shall remain in full force and effect, binding upon and inuring to the benefit of City and Manager and their respective successors and approved assigns. Executed in Pueblo, Colorado and day and year first above written. CITY OF PUEBLO P siden of the City Council Name: Judy P. Weaver Title: President of the City Council GREENWAY AND NATURE CENTER, INC. By + I LA Name: A� Title: Pre t(v l Attest: Attest o? City Clerk Title: 2 / ✓�S ic%vct Approved as to form: