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HomeMy WebLinkAbout6378RESOLUTION NO. 6378 A RESOLUTION APPROVING AMENDMENT NO. 3 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: QPrTTnM 1_ The Amendment No. 3 dated May 8, 1989 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: May 8, 1989 ATTEST: By MIKE SALARDINO Councilman APPROVED: C y Clerk Pre ident of the City Council AMENDMENT NO. 3 THIS AMENDMENT NO. 3 entered into the 8th day of May, 1989 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 and amended same by Amendment No. 1 on December, 1986 and Amendment No. 2 on July 13, 1987 (herein "Agreement "), and WHEREAS, City has obtained an Amendment to its Certificate of Designation on the landfill site on or about December 13, 1988 which, among other things, calls for disposal of additional waste over the east portion of the landfill (east area), and WHEREAS, the parties are relying on the calculations of KLH Engineering Consultants, Inc. as to the availability of cover material on site to complete the landfill operation, cover and reclamation requirements of the Certificates of Designation in both the present westerly area and east area of the site, 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 extended for a period of eighteen (18) months from March 1, 1989 to August 31, 1990 unless sooner terminated as provided in paragraph 8 of the General Conditions of the Agreement or in paragraph 2 hereof. 2. Either City or Contractor may at any time after January 31, 1990 terminate this Agreement upon prior written notice given to the other party specifying the date of termination which shall not be less than 120 days nor more than 150 days after the date of the notice; provided, that if Contractor commences the operation of another approved solid waste disposal site and facility in Pueblo County, Colorado, either Contractor or City may terminate the Agreement upon prior written notice given to the other party specifying the date of termination which shall not be less than 30 days nor more than 45 days after the date of the notice. In the event of such earlier termination and Contractor has not completed final closure of the east area of the solid waste disposal and sanitary landfill, including without limitation cover and reclamation requirements, Contractor shall be paid $1,970.00 for each additional day after the date of termination but not to exceed 30 days during which Contractor shall diligently pursue work on the final closure of the east area of the solid waste disposal and sanitary landfill. 3. The monthly Compensation to be paid by City and County to Contractor during the extended period of the Agreement or until date of termination, if sooner terminated as herein provided, for Contractor's performance of the Agreement and the operation and closure of the solid waste disposal and sanitary landfill pursuant to and in compliance with the Certificate of Designation and amendments thereto issued by the Board of County Commissioners of Pueblo County, Colorado shall be $59,083.00 a month, payable in advance, commencing March 1, 1989. During the extended term Con- tractor 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 sufficient cover material as calculated by KLH Engineering is not available, 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. 4. Contractor shall not waste on -site cover material and shall use on -site cover material in a reasonable and conservative manner consistent with Contractor's coverage obligations under the Certificate of Designation and amendments thereto. Contractor shall at least monthly furnish City a certified statement or log of the Plant's daily operating hours. 5. City will make or has made available to Contractor three (3) pieces of earth equipment and related parts and accessories belonging to City. Contractor will repair and rehabilitate two (2) pieces of such equipment for use at the solid waste disposal site and facility and, upon termination of the Agreement, return the two rehabilitated pieces of equipment to the City in working condition together with all City's unused parts and accessories. THE EQUIPMENT, PARTS AND ACCESSORIES ARE MADE AVAILABLE TO CONTRACTOR BY CITY "AS IS" AND CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT THERETO, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR OTHER MATTER. 6. City shall give reasonable notice to the public of the date the solid waste disposal and sanitary landfill will be closed to public use. 7. Notwithstanding anything herein or in the Agreement to the contrary, Contractor shall complete all cover requirements of the westerly area of the solid waste disposal and sanitary land- fill on or before October 31, 1989 and shall thereafter diligently pursue reclamation requirements therefor. Neither the expiration -2- of the extended term of the Agreement nor its earlier termination shall release or discharge Contractor from its closure obligations under the Certificate of Designation as amended and the Agreement. 7. This Amendment No. 3 shall become effective March 1, 1989 and the Agreement as amended by Amendment Nos. 1 and 2 and this Amendment No. 3 shall remain in full force and effect. Nothing contained herein shall constitute a release or waiver of any party's rights, duties, obligations or liabilities under the Agreement as amended or of any existing breach or default there- under. Executed at Pueblo, Colorado the day and year first above written. ATTEST: PUEBLO, A MUNICIPAL CORPORATION By 1 Cit Clerk Pr sident of the City Council APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO City Attorne`y By ommissioner B y /I .6 C ommissioner BY Commissioner [SEAL) ZUPAN ENTERPREISES, INC. �-- J Attes By 'Secretary President L APPROVAL The undersigned, guarantor of the Agreement, hereby approves the foregoing Amendment No. 3 and agrees that his guarantee of the Agreement shall not be waived, discharged, released or otherwise modified thereby. Signed at Pueblo, Colorado the `3 day of 1989. Joe P. Zupan TJ 33.15 -3- STATE OF COLORADO, ss. County of Pueblo, The Board of County Commissioners met in regular session in its office in Pueblo County, Colorado, on Thursday the 18th day of May A. D. 19 89 , at 10:00 Present: Sollie S. Raso , James M. Brewer „ George D. Amaya o'clock. „ James V. Phelps ff Lucille Wilson Deputy When the following proceedings, among others, were had and done, to -wit: Chairman. County Commissioner. County Commissioner. County Attorney. County Clerk or Deputy. RESOLUTION NO. -187 APPROVING AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN ZUPAN ENTERPRISES, INC., THE CITY OF PUEBLO, AND PUEBLO COUNTY CONCERNING THE OPERATION OF THE SOUTH DUMP LANDFILL WHEREAS, the City of Pueblo, Pueblo County, and Zupan Enterprises, Inc. have entered into an Agreement dated February 1, 1985 relating to solid waste disposal and sanitary landfill operations at Pueblo's "South Dump "; and WHEREAS, the parties now desire to amend that Agreement and extend it for an additional eighteen -month period from March 1, 1989 to August 31, 1990 unless sooner terminated as provided in said Amendment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pueblo County, Colorado that Amendment No. 3 dated May 8, 1989, to the Agreement between the City of Pueblo, Pueblo County, and Zupan Enterprises, Inc., dated February 1, 1985, the terms and conditions of said Amendment No. 3 being incorporated herein by this reference, be, and hereby is, approved. By the following vote on roll -call: BREWER -Aye, AMAYA -Aye, RASO -Aye.