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HomeMy WebLinkAbout11186RESOLUTION NO. 11186 A RESOLUTION APPROVING AN EXTENSION AGREEMENT EXTENDING THE TERM OF THE MANAGEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO MOTORSPORTS, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Extension of the Agreement dated as of December 31,2007 between Pueblo, a Municipal Corporation and Pueblo Motorsports, Inc. Extending the term and effective period of the Management Agreement with respect to a portion of the Honor Farm property to December 31, 2008, a copy of which is attached hereto, 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 and deliver the Extension Agreement in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest it. INTRODUCED December 31, 2007 BY Randy Thurston Councilperson APPROVED: a #?ESIDEINTof City Council ATTESTED BY: CITY CLERK Res. � 128 0 EEVERE Background Paper for Proposed RESOLUTION AGENDA ITEM # 0 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 AN EXTENSION AGREEMENT EXTENDING THE TERM OF THE MANAGEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO MOTORSPORTS, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE There is a need to extend the Management agreement between the Pueblo Motorsports, Inc. (PMI) and the City of Pueblo for the operation of the motorsports facility located on the Honor Farm property. The proposed agreement provides for an extension of the management agreement for another year. There may be more changes to the land area that PMI leases from the City of Pueblo that would be considered during 2008. The City may develop another lease before the end of the year for a longer period of time to reflect a change in responsibilities for maintenance of the area. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT There is no financial impact to the City. EXTENSION AGREEMENT This Extension Agreement entered into as of December 31, 2007 between Pueblo, a Municipal Corporation (the "City ") and Pueblo Motorsports, Inc. a Colorado Nonprofit Corporation (the "PMI "), WITNESSETH WHEREAS, City and PMI entered into a Management Agreement dated January 1, 1997 with respect to a portion of the Honor Farm property and Extension Agreements dated September 10, 2001 and November 25, 2002 (collectively the "Management Agreement "), and WHEREAS, City and PMI are desirous of extending the term of the Management Agreement to December 31, 2008, NOW THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and PMI agree as follows: 1. Since the execution of the Management Agreement, City has acquired title to the Property from the State of Colorado, and entered into a Conservation Easement with respect to the Property and its use. Therefore, whenever the term "Lease" is used in the Management Agreement it shall mean the "Conservation Easement." 2. The term and effective period of the Management Agreement is extended to December 31, 2008 upon the same covenants and provisions, except that the City may change and modify the description of the Property, subject to the Management Agreement upon thirty (30) days prior written notice given to PMI. 3. The Management Agreement as amended and extended by the provisions of this Extension Agreement shall remain in effect and be binding upon and inure to the benefit of the City and PMI and their respective successors and assigns. Executed at Pueblo, Colorado the day and year first above written. [SEAL] _[SEAL] PUEBLO MOTORSPORTS, INC. PUEBLO, A MUNICIPAL CORPORATION �^ / , UUJ By Q aI/ , -- Presiirent of tVk City Council ATTEST: Secretty