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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: c� City CI - reside t of the City Council (SEAL) _ Attest LSedetary Mountain Park Environmental Association By G.�� President