HomeMy WebLinkAbout6372RESOLUTION NO. 6372
A RESOLUTION APPROVING A TERMINATION AGREEMENT
WITH PUEBLO FIRE MUSEUM AND AUTHORIZING EXECU-
TION OF SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
CPrTTnw 1_
The Termination Agreement,dated April 24, 1989 by and between
the City of Pueblo and Pueblo Fire Museum and the International
Association of Firefighters, Local 3, a true copy of which is on
file in the office of the City Clerk, 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 said Termination Agreement for and on behalf
of the City of Pueblo and the City Clerk is directed to affix the
seal of the City thereto and attest same.
ATTEST:
5Wy Clerk
INTRODUCED: May 8 , 1989
By MIKE OCCHIATO
Councilman
APPROVED:
- _4 �� �9 -I&
re i ent of t e City Council
TERMINATION AGREEMENT
This Termination Agreement is made and entered this 24th day
of April, 1989, by and between the City of Pueblo, a Municipal
Corporation ( "City "), the Pueblo Fire Museum, a suspended Colorado
nonprofit corporation ( "Museum ") and the International Association
of Firefighters, Local No. 3 ( "Local 3 ").
WHEREAS, Museum and City entered into a Management Agreement
dated April 28, 1980 whereby Museum was to lease and manage
certain real property owned by City commonly known as 116 Broad-
way, Pueblo, Colorado ( "Premises "), and operate therein a fire
museum for educational and historic preservation purposes; and
WHEREAS, Museum has defaulted in its obligations under said
Management Agreement, including but not limited to its failure to
operate a museum ,.and failure to keep and maintain the Premises in
good condition, appearance and state of repair; and
WHEREAS, Local 3 has exercised some possessory control over
the Premises because of the default of Museum; and
WHEREAS, Museum has been suspended by the Colorado Secretary
of State from operation as a non - profit corporation;
NOW, THEREFORE, in recognition of the foregoing recitals and
in consideration of the terms stated hereinbelow, the parties
agree as follows:
1. The parties agree that the aforesaid Management Agree-
ment is terminated immediately effective at 12:01 a.m. on April
24, 1989 and possession is surrendered to the City by both Museum
and Local 3.
2. All parties waive proper notice of termination under the
terms of the Management Agreement and agree that termination is by
mutual consent.
3. City releases Museum from its obligations under the
Management Agreement to conduct a museum and maintain the Premises
in good repair.
4. Museum and Local 3 warrant that no liens or encumbrances
have been placed against the Premises and that no other possessory
interests have been granted or exist in the Premises.
5. By this Agreement, it is not the intention of the City
to waive or release any claims it may have against Museum or Local
3, the directors and officers of either, or against third parties,
arising from or related to any theft, embezzlement, conversion or
appropriation of any improvements or fixtures constituting part of
the Premises, or of any personal property belonging to City which
at any time was stored, kept or located on the Premises.
6. Museum and Local 3 agree that all personal property
located at or upon the Premises at the time of execution of this
Agreement, except for hazardous waste, constitutes and shall be
considered the property of City, and Museum and Local 3 disclaim
and disavow, for themselves and their officers, directors, and
members, any interests therein.
WHEREFORE, the parties have executed this Agreement the day
and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
r
By C--, - �—
Ci Clerk Pre ident o t e City Council
PUEBLO FIRE MUSEUM, A COLORADO
ATTEST: NONPROFIT CORPORATI
By
Bob Lee Roberts, President
INTERNATIONAL ASSOCIATION OF
ATTEST: FIREFIGHTERS, LOCAL NO. 3
By A?/
Secretary P esi ent
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