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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-