HomeMy WebLinkAbout11185RESOLUTION NO. 11185
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE MOUNTAIN PARK
ENVIRONMENTAL ASSOCIATION AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 1 to the Management Agreement between the City of Pueblo and the
Mountain Park Environmental Association, 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 execute Amendment No. 1 on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and
attest the same.
SECTION 3.
This resolution shall become effective upon final approval and passage.
INTRODUCED December 31, 2007
Aw
ATTESTED BY
APPROVED:
ESID NTof City Council
CITY CLERK
Randy Thurston
Councilperson
Res. 111 85
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 17
DATE: December 31, 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 PUEBLO, A MUNICIPAL CORPORATION, AND THE
MOUNTAIN PARK ENVIRONMENTAL ASSOCIATION AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
The Mountain Park Environmental Center has requested a change to the Management
Agreement between them and the City of Pueblo.
The proposed change waives the right of subrogation for insurance purposes to the
extent permitted by applicable insurance policies. The change in the language of the
agreement is similar to the terms of the insurance coverage provision in the agreement
between the City of Pueblo and the Pueblo Zoological Society.
RECOMMENDATION
Approval of the Resolution.
FINANCIAL IMPACT
There is no financial impact to the City.
AMENDMENT NO. 1
This Amendment No. 1 is entered into as of December 31, 2007 by and between the City
of Pueblo (City) and Mountain Park Environmental Association (Center), WITNESSETH
WHEREAS, City and Center entered into a Management Agreement relating to the
management of the Horseshoe Lodge located in Pueblo Mountain Park (Management
Agreement), and
WHEREAS, City and Center are desirous of amending the Management Agreement as
hereinafter provided,
NOW THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Center agree as follows:
Paragraph 13 of the Management Agreement is amended by the addition of the
following sentence:
Notwithstanding the foregoing and to the extent permitted under applicable fire
and extended coverage insurance policies or self - insurance programs covering the Lodge
or its contents, City and Center and all parties claiming under them hereby mutually
release and discharge each other from all claims and liabilities arising from or caused by
any hazard covered by such insurance or self - insurance programs.
2. The Management Agreement as amended by Paragraph 1 hereof shall remain in
effect, be binding upon and insure to the benefit of City and Center and their respective
successors.
Executed at Pueblo, Colorado the day and year first above written.
(SEAL)
1 n Pueblo, a Municipal Corporation
Attest:
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City CI -
reside t of the City Council
(SEAL) _
Attest
LSedetary
Mountain Park Environmental Association
By G.��
President