HomeMy WebLinkAbout13018RESOLUTION NO. 13018
A RESOLUTION APPROVING AN AMENDMENT NO. 2 TO
AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND SOLAR ROAST
COFFEE, LLC, AN OREGON LIMITED LIABILITY
COMPANY AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 2 to Agreement between Pueblo, a Municipal Corporation, and
Solar Roast Coffee, LLC, an Oregon limited liability company, dated July 28, 2014, a
copy of which is attached hereto (“Amendment No. 2”), having been approved as to
form by the City Attorney, is hereby approved. The President of the City Council is
authorized to execute and deliver Amendment No. 2 and the City Clerk is directed to
affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached Agreement to
effectuate the transactions described therein.
SECTION 3.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: July 28, 2014
BY: Chris Kaufman
COUNCILPERSON
City Clerk’s Office Item # M-7
Background Paper for Proposed Resolution
COUNCIL MEETING DATE:
July 28, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney, Law Department
SUBJECT: A RESOLUTION APPROVING AN AMENDMENT NO. 2 TO AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
SOLAR ROAST COFFEE, LLC, AN OREGON LIMITED LIABILITY COMPANY
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
SUMMARY:
The attached Resolution approves an amendment to the Employment Agreement with Solar
Roast Coffee, LLC which extends the Employment Commitment date by three years from
November 1, 2013 to November 1, 2016.
PREVIOUS COUNCIL ACTION:
On November 8, 2010 the City provided Solar Roast with economic incentives totaling $100,000
from the City’s Half Cent Sales Tax Fund.
BACKGROUND:
Solar Roast operates retail coffee shops in the City. The company also has a manufacturing
business which sells coffee products to customers at the wholesale level. Solar Roast’s
wholesale operation sells most of its coffee products to customers located outside of Pueblo
County. The 2010 economic incentives were paid to reimburse Solar Roast for the acquisition of
new coffee roasting equipment for its manufacturing/wholesale operations. Solar Roast agreed
to hire ten additional full-time employees in its manufacturing/wholesale business. Solar Roast
has hired three new employees and has requested a three year extension of time to hire the
remaining seven employees.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If this Resolution is not approved, Solar Roast would be in default of its Employment
Commitment under the November 8, 2010 Agreement.
RECOMMENDATION:
City staff recommends approval of this Resolution.
Attachments:
Proposed Resolution and proposed contract amendment.
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 to Agreement is made and entered into this 28th day of
July, 2014 between Pueblo, a Municipal Corporation (the "City") and Solar Roast Coffee LLC,
an Oregon limited liability company (the "Company").
WHEREAS, City and Company heretofore entered into an Agreement dated November
8, 2010 (the "Agreement"); and
WHEREAS, at the Company's request, it is desirable that the Agreement be amended to
extend the Employment Commitment Date by three (3) years;
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and
conditions set forth herein, the parties agree as follows:
1. Section 1 of the Agreement is amended to revise the definition of"Employment
Commitment Date"to read as follows:
"Employment Commitment Date" means November 1, 2016.
2. Except as expressly modified by this Amendment No. 2, the Agreement shall
remain in full force and effect. Except as expressly modified, any obligations remaining to be
performed under the Agreement by either party, are not waived or excused in any manner, but
shall be fully performed in accordance with the terms and conditions of the Agreement as it
existed prior to this Amendment No. 2.
IN WITNESS WHEREOF, Company and City have executed this Amendment No. 2 to
the Agreement as of the date_first above written.
ATTEST: PUEBLO, a Municipal Co soration
By X ��i •
City erk Pres ent of the City Counc'fft
APPROVA ED A�S TO FORM: SOLAR ROAST COFFEE LLC
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City Attorneyy: • .a op, Manager
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