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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 TF 31.19 -2-