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HomeMy WebLinkAbout5072r ")�6 J RESOLUTION NO. 5072 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND LONYE J. HEARN CONCERNING THE MINNEQUA PARK CONCESSION AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: 9RrTTnN 1- A certain agreement dated November 23, 1982, a copy of which is attached hereto and made a part hereof by reference, after having been approved as to form by the City Attorney, by and between PUEBLO, A MUNICIPAL CORPORATION, and LONYE J. HEARN, concerning the Minnequa Park Concession, is hereby approved. SECTION 2 The President of the Council is hereby authorized to INTRODUCED: December 27 , 1982 By MIKE SALARDINO Councilman APPROVED: execute said agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest the same. ATTEST: President of the City Council City le AGREEMENT THIS AGREEMENT entered into the 23rd day of November 1982, between Pueblo, a Municipal Corporation (City), and Lonye J. Hearn (Hearn) , WITNESSETH: WHEREAS, based upon alleged defaults by Hearn of the pro- visions of the Concession Agreement of February 28,1977 between Hearn and City concerning Minnequa Park Concession (Agreement), City sent notice of termination of the Agreement to Hearn, and WHEREAS, Hearn disputes the alleged defaults of the Agree- ment and grounds for such termination, and WHEREAS, City and Hearn are desirous of resolving their differences arising out of alleged defaults and termination of the Agreement. NOW, THEREFORE, City and Hearn agree as follows: 1. The Agreement of February 28,1977 shall remain in full force and effect according to its original terms and provisions. 2. City waives its right to terminate the Agreement of February 28,1977 for alleged defaults of Hearn set forth in the letter of November 4, 1982 from the City under the signature of the City Manager. 3. Hearn shall timely perform all conditions and provisions on his part to be performed under the Agreement of February 28, 1977. 4. City's failure to terminate the Agreement for any default, omission, or failure of Hearn under the Agreement of February 28.,1977 shall not be a waiver of nor precludes the right of City to terminate for a subsequent similar or different default, omission or failure. Executed at Pueblo, Colorado the 23rd day of November, 1982. f onye e rn ATTEST, 6t City of Pueblo, a Municipal Cit C e Corporation Approved as to form: By T4 OAA -e-� / President of the City Council City Attor y