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HomeMy WebLinkAbout6053RESOLUTION NO. 6053 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT ENTERED INTO ON FEBRUARY 1, 1935 BETWEEN PUEBLO, A MUNICIPAL CORPORATION, BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, A14D ZUPAN ENTERPRISES, INC., RELATING TO SOLID WASTE DISPOSAL BE IT RESOLVED BY THE' CITY COUNCIL OF PUEBLO, COLORADO, that: _q r?(-PTM.1 i The Amendment No. 2 dated July 13, 1937 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 as to form 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: July 13, 1987 ATTEST: R C Clerk B P AUL JONES Councilman W : �� a President of the City Council AMENDMENT NO. 2 THIS AMENDMENT NO. 2 entered into the 1,3 X - day of July, 1987 between PUEBLO, a MUNICIPAL CORPORATION (herein "City "), the BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO (herein "County "), and ZUPAN ENTERPRISES, INC. (herein "Con - tractor "), WITNESSETH: WHEREAS, the parties hereto did on February 1, 1985 enter into an Agreement relating to solid waste disposal and sanitary landfill and amended same by Amendment No. 1 on December 1986 (herein "Agreement "), and WHEREAS, said Agreement wasscheduled to expire on June 30, 1987, 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 term 'of the Agreement and the lease of land and building set forth in the Agreement shall be and hereby are ex- tended for a period of twelve (12) months to June 30, 1988 and shall automatically extend for successive four month periods thereafter until either party shall give to the other parties ninety (90) days prior written notice to terminate the Agreement specifying the date of termination which shall be either June 30, 1988 or the last day of a four month incremental period. 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 July 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 or an increase in Contractor's insurance premiums 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 first sentence of Paragraph 4 of the Agreement shall be deleted and replaced by the following: The landfill shall be open to the public for disposal of solid waste six days each week, Monday thru Saturday, from 8 o'clock A.M. to 6 o'clock P.M., for the period May 1 thru September 30 and from 8 o'clock A.M. to 5 o'clock P.M. for the period October 1 thru April 30, except for Thanksgiving Day, Christmas Day and New Year's Day. 4. The parties anticipate changes in the Certificate of Designation ( "COD ") may be required because of the extension of the Agreement. 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 there- for. 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 Agreement. The parties agree that solid waste dis- posal and sanitary landfill activities and operations shall not be extended to or conducted on the land included within Phases II and III. 5. This Amendment No. 2 shall become effective June 30, 1987 and the Agreement as amended by this Amendment No. 2 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: C t lark PUEBLO, / ,MUNICIPAL CORPORATION By � — e ident of the City Coufficil APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO B C C ity At y Commissioner By Commissi ner By Commissioner -2- ATTEST: ecretary ZUPAN ENTERPRISES, INC. By President APPROVAL The undersigned, guarantor of the Agreement, hereby approves the foregoing Amendment No. 2 and agrees that his guarantee of the Agreement shall not be waived, released, dis- charged or otherwise modified thereby. Signed at Pueblo, Colorado the day of 1987. ;:�7 Joe P. Zupa - 3-