HomeMy WebLinkAbout6691RESOLUTION N0. 66 91
A RESOLUTION APPROVING AMENDMENT NO. 5 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:
gPrTTON 1
Amendment No. 5 dated February 25, 1991 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: February 25, 1991
ATTEST:
BY DR. G GARBI ^` __ ^ _
Councilman
APPROVED:
City Clerk ( Vice President of the City Counc
TJ 50.20
AMENDMENT NO. 5
THIS AMENDMENT NO. 5 entered into the 25th day of February,
1991 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, Amendment No.
3 dated May 8, 1989, and Amendment No. 4 dated August 27, 1991
(collectively the "Agreement "), and
WHEREAS, the Agreement is scheduled to expire February 28,
1991, 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 one (1) month from March 1,
1991 to March 31, 1991 unless sooner terminated as provided in
paragraph 8 of the General Conditions of the Agreement.
2. The compensation to be paid by City and County to Con-
tractor during the one (1) 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, payable in advance
on March 1, 1991. During the one (1) month extended period Con-
tractor shall not pay rent for the lease of the land and building.
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 one (1) month
extension period.
4. City has submitted to the Colorado Department of Health
for approval modified grading plans for the east area of Phase I
and represents to Contractor that the Colorado Department of
Health has orally approved the modified grading plans but at this
date the City has not received such approval in writing.
Contractor will conduct a solid waste disposal and landfill
operation within the east area of Phase I in conformity with the
modified grading plans and City will indemnify and save the
Contractor harmless from all claims, damages, penalties,
liabilities and expenses, including reasonable attorney fees,
caused by or resulting from Contractor's so conducting a solid
waste disposal and landfill operation in conformity with the
modified grading plans without approval thereof by the Colorado
Department of Health.
5. This Amendment No. 5 shall become effective March 1,
1991 and the Agreement as amended by Amendment Nos. 1, 2, 3, 4 and
this Amendment No. 5 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? <�
C ty Clerk
Vl�E P sident of the ity Council
APPROVED AS TO FORM:
BOARD OF COUNTY COMMISSIONERS
____ ----
OF PUEBLO COUNTY, COLORADO
City A to n
By
Commis 'ioner
/?
By
Commissioner
By
Commissioner
[SEAL] ZUPAN ENT PRE INC.
Attest BY D
Secretary President
APPROVAL
The undersigned, guarantor of the Agreement, hereby approves
the foregoing Amendment No. 5 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 -2S� aay of February, 1991.
Joe P. Zupan
TJ 50.19 -2-
STATE OF COLORADO,
ss.
County of Pueblo,
The Board of County Commissioners met in regular session in its
office in Pueblo County, Colorado, on Thursda
March
Present: James M. Br ewer
A. D. 19 91 at 10:00 a.m.
fl Sollie S. Raso
M
m
the 28th
o'clock.
_ Chairman.
X
day of
County Commissioner.
County Commissioner.
County Attorney.
Kathy Armi j o , Deputy County Clerk or Deputy.
Kathy Farley (excussed)
Terry A. Hart
When the following proceedings, among others, were had and done, to -wit:
RESOLUTION NO. 91 -149 APPROVING AMI,NDMENT NO. 5 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
amended that Agreement by Amendment No. 1 dated December 22, 1986,
Amendment No. 2 dated July 13, 1987, and Amendment No. 3 dated May 8,
1989, and Amendment No. 4 dated August 27, 1990; and
WHEREAS, that Agreement, as amended, is scheduled to expire on
February 28, 1991; and
WHEREAS, the parties now desire to amend that Agreement again to extend
it for an additional one - month period, from March 1, 1991, to March 31, 1991,
unless sooner terminated as provided in that Amendment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Pueblo County, Colorado, that the Agreement between the
City of Pueblo, Pueblo County, and Zupan Enterprises, Inc., dated February
1, 1985, as amended by Amendments No. 1 dated December 22, 1986, No. 2
dated July 13, 1987, No. 3 dated May 8, 1989, No. 4 dated August 27, 1990,
and now No. 5 dated February 25, 1991, the terms and conditions of said
Agreement, as amended, being incorporated herein by this reference, be, and
hereby is, approved, nunc pro tune February 25, 1991.
By the following vote on roll -call:
RASO -Aye , BREWER-Aye.
11OL052.RFT /CARESOL