The URL can be used to link to this page

Home My WebLink About13821 RESOLUTION NO. 13821 A RESOLUTION APPROVING A FIRST AMENDMENT TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE WALTER BREWING COMPANY – WALTER’S BEER, LLC, A COLORADO LIMITED LIABILITY COMPANY RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID FIRST AMENDMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council finds and determines that good cause exists for the extension of the employment commitment date of the Walter Brewing Company – Walter’s Beer, LLC, a Colorado limited liability company (“Company”). The First Amendment to an employment Agreement dated October 23, 2017, a copy of which is attached hereto and incorporated herein by this reference, 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 said amendment in the name of the City 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 First Amendment to an employment Agreement, which are necessary or desirable to implement the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon final passage. INTRODUCED October 23, 2017 BY: Ed Brown PASSED AND APPROVED: November 13, 2017 City Clerk’s Office Item # Q-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 23, 2017 TO: President Stephen G. Nawrocki and Members of City Council VIA: Gina Dutcher, City Clerk FROM: Sam Azad, City Manager SUBJECT: A RESOLUTION APPROVING A FIRST AMENDMENT TO AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE WALTER BREWING COMPANY – WALTER’S BEER, LLC, A COLORADO LIMITED LIABILITY COMPANY, RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID FIRST AMENDMENT SUMMARY: Attached is a Resolution approving and authorizing the President of City Council to sign a First Amendment to an employment Agreement with the Walter Brewing Company – Walter’s Beer, LLC, a Colorado limited liability company (“Company”). The amendment extends the beginning date of the Company’s employment commitment until October 1, 2020. PREVIOUS COUNCIL ACTION: The Company and City entered into an original employment agreement dated September 9, 2013 which provided for the advancement of funds in the amount of $150,000 to the Company, in exchange for the Company’s commitment to employ, for a seven-year period, eleven (11) full- time employees whose annual compensation would average at least $40,600. BACKGROUND: As a result of equipment related problems, the Company has requested that the City extend the Company’s beginning date for its employment commitment until October 1, 2020. The Company intends to continue to operate its manufacturing facility within the City through at least September 30, 2027. FINANCIAL IMPLICATIONS: There will be no financial impact on the City if City Council approves the extension of the Company’s employment commitment date. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, the Company’s employment commitment date will occur prior to the Company being able to employ eleven (11) full-time employees. RECOMMENDATION: The Pueblo Economic Development Corporation recommends approval of this Resolution. Attachments: Proposed Resolution, First Amendment to Employment Agreement FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT ("First Amendment") entered into this 23rd day of October, 2017 between Pueblo, a municipal corporation (the "City") and the Walter Brewing Company — Walter's Beer, LLC, a Colorado limited liability company (the "Company"). WHEREAS, Company and City entered into an original Employment Agreement ("Employment Agreement") dated September 9, 2013 which provided, inter alia, for the advancement of funds in the amount of $150,000.00 to the Company in exchange for the Company's commitment to employ, for a seven (7) year period, eleven (11) full time employees whose annual salary would average at least $40,600.00; and WHEREAS, Company intends to continue to operate its manufacturing facility within the City through, at least, September 30, 2027; and WHEREAS, as a result of equipment related problems, the Company has requested that the City extend and enlarge the Company's Employment Commitment Date. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Company agree as follows: 1. The Company's Employment Commitment Date is enlarged and extended to October 1, 2020. 2. The Termination Date of the Company's Employment Commitment is enlarged and extended to September 30, 2027. 3.. The Employment Agreement between the Parties, which is incorporated herein by this reference, shall remain in full force and effect, except as amended by this First Amendment Agreement. Executed at Pueblo, Colorado, the day and year first above written. [ SEAL ] Pueblo, a Munici.. ,rporation Attest+- Q rL< Cl (1A.ANUIT.) By 1.-- - y Acting City Clerk President of the City Council 1 [ SEAL ] WALTER BREWING COMPANY— WALTER'S BEER, LLC a Colorado limited liability company By Name: ,4/vnax �.� t s.a,., c.c£ `Z Title: Manager STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) 2zh IVovvm6e-1/4=97c.Ic- Tile foregoing instrument was acknowledged before me this day of-Oeteber, 2017 by /Ind Jle li-) L , SQnCh , as Manager of Walter Brewing Company — Walter's Beer, LLC, a Colorado limited liability company. Witness my hand and official seal. TAMMY A MARTINEZ ((. -'l f((A`t NOTARY PUBLIC STATE OF COLORADO Notary Public [SEAL] NOTARY ID 20164028200 r COMMISSION EXPIRES 07120/2020 My Commission expires: 1 t9O ?O 2