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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