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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:
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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