HomeMy WebLinkAbout6610RESOLUTION NO. 6610
A RESOLUTION APPROVING AMENDMENT NO. 4 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, that:
SECTION 1.
Amendment No. 4 dated August 27, 1990 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: August 27, 1990
ATTEST:
C y Clerk
By HOWARD WHITLOCK
Councilman
APPROVED:
President of the City Council
TF 46.34
AMENDMENT NO. 4
THIS AMENDMENT NO. 4 entered into the 27th day of August,
1990 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 the Agreement by Amendment No. 1 dated
December 1986, Amendment No. 2 dated July 13, 1987 and Amendment
No. 3 dated May 8, 1989 (collectively the "Agreement "), and
WHEREAS, the Agreement is scheduled to expire August 31,
1990, and
WHEREAS, the parties mutually desire to extend the Agreement
upon the terms and conditions herein contained;
NOW, THEREFORE, in consideration of the foregoing and mutual
promises contained herein, City, County and Contractor agree as
follows:
1. The term of the Agreement and the lease of land and
building is extended for a period of six (6) months from Septem-
ber, 1, 1990 to February 29, 1991 unless sooner terminated as
provided in paragraph 8 of the General Conditions of the Agree-
ment.
2. The monthly compensation to be paid by City and County
to Contractor during each month of the six (6) month extension
period for Contractor's performance of the Agreement and operation
and closure of the solid waste disposal and sanitary landfill
pursuant to and in compliance with the Agreement and 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 September 1,
1990. During the six (6) month extended period 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 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 Com-
pensation paid to Contractor hereunder.
3. Only the easterly area of Phase I of the Landfill will
be used as a solid waste disposal site. Neither the westerly area
of Phase I nor Phases II and III of the Landfill will be opened or
used as a solid waste disposal site during the 6 month extension
period.
4. The two pieces of earth equipment and related parts and
accessories made available to Contractor by City will be returned
to City upon termination of the Agreement in working condition
except for major repairs.
5. Seeding of the westerly area of Phase I of the Landfill
will be completed during the fall of 1990. Contractor will within
30 working days after termination of the Agreement complete cover
of the Landfill and commence seeding of the Landfill (except the
westerly area of Phase I which will be seeded prior to termination
of the Agreement) and thereafter diligently pursue and complete
reclamation requirements for the Landfill.
6. Contractor will at the request of the City collect all
City imposed user fees and charges for such reimbursement and at
such time and in such manner as City and Contractor shall mutually
agree.
7. This Amendment No. 4 shall become effective September 1,
1990 and the Agreement as amended by Amendment Nos. 1, 2, 3 and
this Amendment No. 4 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: J PUEBLO -,A MUNICIPAL CORPORATION
r S� B y JZ
Ci y lerk Pr - ident of the City Council
APPROVED AS TO FORM: BOARD OF UNTY COMMISSIONERS
OF PUEB UNTY, COLARAD
B l
City Att n
Commissioner i
B �` /� 0;;: v
Commissioner
By u d'
/'o A �
Commissioner
-2-
[SEAE-1 ZUPAN ENTERPREISES, INC.
Attest • 4 , L - c B
Secretary President
APPROVAL
The undersigned, guarantor of the Agreement, hereby approves
the foregoing Amendment No. 4 and agrees that his guarantee of the
performance of the Agreement shall not be waived, discharged,
released or otherwise modified thereby.
Signed at Pueblo, Colorado the 77 i day of August, 1990.
Joe P. Zupan
TJ 46.6 -3-