HomeMy WebLinkAbout5301RESOLUTION NO. 5301
A RESOLUTION APPROVING A MODIFICATION OF MANAGEMENT
AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION
AND THE ARKANSAS VALLEY AUDUBON SOCIETY, INC., AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
The Modification of Management Agreement dated December 27,
1983 between Pueblo, a Municipal Corporation and Nature Center
of Pueblo, Inc., a copy of which is attached hereto and incor-
porated herein, having been approved by the City Attorney, is
hereby approved.
SECTION 2
The President of the City Council is hereby authorized and
directed to execute same for and on behalf of the City and the
City Clerk is directed to affix the seal of the City thereto
and attest same.
ATTEST:
INTRODUCED: December 27 , 1983
B DOUGLAS L. RING
Councilman
APPROVED:
By - _ ,
Vic esident of "he Ciyy Cou it
MODIFICATION OF MANAGEMENT AGREEMENT
THIS AGREEMENT entered into December 27, 1983 between Pueblo,
a municipal corporation ( "City ") and Nature Center of Pueblo, Inc.,
a Colorado nonprofit corporation ( "Nature Center "), WITNESSETH:
WHEREAS, City and Arkansas Valley Audubon Society, Inc.
( "Society ") entered into a Management Agreement dated April 27,
1979 ( "Agreement "), and
WHEREAS, Society assigned its right, title and interest in
and to the Management Agreement to Nature Center and Nature
Center desires certain modifications to the Management Agreement.
NOW, THEREFORE, City and Nature Center agree as follows:
1. City does hereby approve and consent to the assignment
and transfer of the Agreement by Society to Nature Center.
Nature Center does hereby accept the assignment and transfer
of the Agreement from Society and agrees to perform all duties
and obligations on the part of Society to be performed under
the Agreement. Nature Center may not assign the Agreement or
any interest therein without first obtaining the written consent
of City.
2. Whenever the words "Arkansas Valley Audubon Society,
Inc." or "Society" appear in the Agreement such words shall be
amended to read "Nature Center of Pueblo, Inc." or "Nature
Center" respectively.
3. Article II. of the Agreement is amended to read:
II. TERM OF THE MANAGEMENT AGREEMENT.
If not sooner t
shall have and hold
or interruption for
noon on the 1st day
o'clock noon on the
:rminated as herein provided, Society
the leased premises without limitation
a term commencing at 12:00 o'clock
of May, 1979 and terminating at 12:00
lst day of July, 2004.
4. Section 3.1. and Section 3.2.of the Agreement are amended
to read:
Section 3.1. Termination This Management Agreement
may be terminated by mutual consent. If the Lease of June 24,
1974 between the City and the State of Colorado is terminated
for any reason, this Management Agreement shall terminate as
to the leased premises described in Exhibit A effective the
date of termination of the Lease of June 24, 1974. City
reserves the right to terminate this Management Agreement
upon one (1) years prior written notice specifying the
date of termination given to Society any time after July 1,
1994.
Section 3.2 Default If either party be in default
hereunder, the nondefaulting party may give written notice
specifying the default to the defaulting party. If the
defaulting party shall not correct such default within
ninety (90) days after receipt of said notice, or if said
default is of such a nature that it cannot be corrected
within said ninety (90) day period, and the defaulting
party shall fail to commence action to correct said default
within said ninety (90) day period, or fail to thereafter
diligently pursue such corrective action, the nondefaulting
party may upon an additional ten (10) days prior written
notice to the defaulting party terminate this Agreement
and, except for accrued rights and liabilities hereunder,
shall be relieved from all duty and obligation hereunder.
5. Article IX. of the Agreement is amended to read as follows:
IX. NOTICE
Any notice required under this Lease shall be in writing
and personally delivered or sent postage prepaid in the U.S.
Mail registered or certified, return receipt requested to:
If to the City: City Manager, City of Pueblo, 1 City Hall
Place, Pueblo, Colorado, 81003. If to the Society: Nature
Center of Pueblo, Inc., 5200 West 11th Street, Pueblo,
Colorado, 81003; or, to any other address subsequently
designated in writing by the parties.
6. Article X. of the Agreement is amended to read:
X. RENEWAL.
If not in default hereunder, Society shall have the
right of first refusal to renew this Management Agreement
upon such terms, covenants and conditions as Society and
City may then mutually agree upon. The right of first
refusal hereby granted shall extend to the leased premises
described in Exhibit A only if the City has then renewed
or extended its Lease of June 24, 1974 with the State of
Colorado beyond July 1, 2004. If Society desires to lease
the leased premises or enter into a Management Agreement
therefor after the expiration of the original term hereof,
Society shall within six months prior to July 1, 2004 so
notify City. If Society and City are unable for any reason
to mutually agree upon the terms, covenants and conditions
for such renewal by July 1, 2004 or within 30 days thereafter,
Society's right of first refusal hereby granted shall
cease and terminate.
7. Article XI. of the Agreement is amended to read:
-2-
XI. HAZARD INSURANCE.
Society shall insure and keep insured the improvements
located upon the leased premises in an amount equal to 800
of their insurable value through fire and extended coverage
insurance, with companies acceptable to the City. Society
shall assign any policy of insurance, in whatever amount
issued, procured pursuant hereto, to the City as security
for the repair or replacement of any building that may be
destroyed or damaged by any of the hazards insured against
herein. All proceeds of such insurances shall be paid
jointly to Society and City and shall be applied only for
the repair or replacement of the damaged buildings on the
leased premises. Society and the City and all parties
claiming under them hereby mutually release and discharge
each other from any claims, liability, or damage, caused
by or arising from any hazard covered by insurance on the
leased premises and improvements thereon, or covered by
insurance in connection with any property on the leased
premises, regardless of the cause of the damage or loss.
8. Exhibit A to the Agreement is hereby amended and modified
as follows:
(a) The distance of 538.80 feet in the sixth line of the
second description on Exhibit A is amended to read 338.80.
(b) To the extent that such parcels are included in
the land leased from the State of Colorado by the City under
the Lease dated June 24, 1974 and subject to approval of the
State of Colorado, Exhibit A is amended to include the property
designated as Parcels A -3, A -4, A -5 and A -6 on the attached
Exhibit "C" which is incorporated herein, including all
improvements thereon but excluding all water rights appurtenant
thereto. City reserves the right upon 120 days prior written
notice to Nature Center to withdraw all or any portion of the
property designated as Parcels A -5 and A -6 on the attached
Exhibit "C" from the Agreement and to terminate the Agreement
relating thereto.
9. Nature Center shall designate in writing the name and
telephone number of a representative of Nature Center who shall
be available after normal workdays and weekends for contact by
the City.
10. The residence located on the property designated as
Parcel A -4, Exhibit "C" shall be used and occupied only as a
residence. The occupants of such residence shall act as care-
takers of the Honor Farm adjacent to the leased premises and
shall report activities of any person thereon which appears to
be potentially destructive or damaging or which constitutes an
abnormal use thereof.
IcIM
11. Nature Center shall not raze, remove, structurally
change, or substantially alter or modify any improvement or
structure located on the leased premises without first obtaining
the written approval of the City Manager of City. Nature Center
shall submit to City Manager a written request for such approval
describing in detail the work to be performed. The City Manager
shall within a reasonable time after receipt of such request
either approve or deny the request. The failure of the City
Manager to so respond shall constitute a denial of such request.
12. The terms and provisions of the Agreement as modified
and amended hereby shall continue in full force and effect. This
Modification of Management Agreement and the Agreement shall inure
to the benefit of and be binding upon City and Nature Center and
their respective successors and assigns.
Executed at Pueblo, Colorado the day and year first above
written.
Pueblo, a Municipal Corporap.ion Nature Center of Pueblo, Inc.
a
Y
icc-- 47esi ent of the C1 Cou i. resident';
[Seal] [Seal]
Attest: Attest:
Ci y Clerk ecretary
r
Approved as to form:
City At y
-4-
Yty
7e
Exhibit "C"