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RESOLUTION NO. 5948
A RESOLUTION APPROVING AMENDMENT NO. 1
TO THE AGREEMENT ENTERED INTO ON
FEBRUARY 1, 1985 BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, BOARD OF
COUNTY COMMISSIONERS OF PUEBLO COUNTY,
AND ZUPAN ENTERPRISES, INC., RELATING
TO SOLID WASTE DISPOSAL.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1.
The Amendment No. 1 dated December 22, 1986 to the Agreement
entered into on February 1, 1985 between Pueblo, a Municipal
Corporation, Board of County Commissioners and Zupan Enterprises,
Inc., relating to solid waste disposal, a copy of which is
attached hereto and incorporated herein, having been approved
by the City Attorney, is hereby approved. The President of the
City Council is authorized and directed to execute the Agreement
for and on behalf of the City and the City Clerk is directed to
affix the seal of the City thereto and attest same.
INTRODUCED December 22, 1986
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BY PAUL JONES
COUNCILMAN
APP D:
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President of the City Council
AMENDMENT NO. 1
THIS AMENDMENT NO. 1 entered into the 22nd day of Decembe
1986 between Pueblo, a Municipal Corporation (herein "City "), the
Board of County Commissioners of Pueblo County, Colorado (herein
"County ") and Zupan Enterprises, Inc. (herein "Contractor "),
WITNESSETH:
WHEREAS, the parties hereto did on February 1, 1985 enter
into an Agreement relating to solid waste disposal and sanitary
landfill (herein "Agreement "), and
WHEREAS, the parties hereto mutually desire to extend the
Agreement upon the terms and conditions herein stated.
NOW, THEREFORE, in consideration of the foregoing and mutual
promises herein contained, City, County and Contractor agree as
follows:
1. The original two year term of the Agreement (from April
1, 1985 to March 30, 1987) and the lease of land and building set
forth in the Agreement shall be and hereby are extended for a
period of three ( 3 ) months to June 30, 1987 and shall auto-
matically extend from month to month thereafter until either party
shall give to the other parties thirty (30) days prior written
notice to terminate the Agreement specifying the date of
termination which shall be on the last day of a calendar month.
2. The monthly Compensation to be paid by City and County
to Contractor during the extended period of the Agreement for
Contractor's performance of the Agreement and the operation of the
solid waste disposal and sanitary landfill shall be $53,583.00 a
month in advance, commencing April 1, 1987. During the extended
term Contractor shall not pay rent for the lease of the land and
building.
If a material change in federal, state or local law or
regulation applicable to Contractor's operation of the solid waste
disposal and sanitary landfill under the Agreement results in an
increase in Contractor's costs of operating, Contractor, City and
County agree to meet and confer in good faith to adjust the
Compensation paid to Contractor hereunder.
3. The parties do not anticipate any changes in the
Certificate of Designation ( "COD ") will be required because of the
extension of the original term of the Agreement. However, if the
drainage or grading plans of the COD for the solid waste disposal
and sanitary landfill site (herein "Site ") are required to be
modified as a result of the extended use of the Site, City will at
its expense provide engineering services therefor. Contractor
shall immediately meet and confer with City and its designated
engineer to review the drainage and grading plans of the COD and
the proposed use of the Site during the extended period of the
r
Agreement. The parties agree that solid waste disposal and
sanitary landfill activities and operations shall not be extended
to or conducted on the land included within Phases II and III.
4. This Amendment No. 1 shall become effective April 1,
1987 and the Agreement as amended by this Amendment No. 1 shall
remain in full force and effect until terminated as provided in
paragraph 1 hereof.
Executed at Pueblo, Colorado the day and year first above
written.
ATTEST: PUEBLO A MUNICIPAL CORPORATION
By
C ty Clerk Pr sident of the City Council
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
City Attor e By
Commissioner
BY_[! d o v
commissi. (aner - 0
[S E A LJ
B
Commissione r
ATTEST:
ZUPAN ENTERPRISES, INC.
Secretary Pr sident
APPROVAL
The undersign guarantor of the Agreement, hereby approves
the foregoing Amendment No. 1 and agrees that his guarantee of the
Agreement shall not be waived, released, discharged or otherwise
modified thereby.
1986 Signed at Pueblo, Colorado the 22nd day of December
,7 a P. Zupan
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