Loading...
HomeMy WebLinkAbout6703RESOLUTION NO. 6703 A RESOLUTION APPROVING AMENDMENT NO. 6 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: .';FC'TTnm 1 _ Amendment No. 6 dated March 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: March 25, 1991 ATTEST: r ' L i �y clerk By HOWARD WHITLOCK Councilman APPROVED: Pre ident of the City Council TJ 50.20 AMENDMENT Nib. 6 THIS AMENDMENT NO. 6 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, 1.985 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, Amendment No. 4 dated August 27, 1991, and Amendment No. 5 dated February 25, 1991 (collectively the "Agreement "), and WHEREAS, the Agreement is scheduled to expire March 31, 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 three (3) months from April 1, 1991 to June 30, 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 three (3) months extension period for Cont- ractor'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 commencing April 1, 1991. During the three (3) months extended period Contractor 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 1 nor Phases II and III of the Landfill will be opened or used as a solid waste disposal site during the three (3) months extension period. 4. City has received approval from the Colorado Department of Health for modified grading plans for the east area of Phase T. Contractor_ will conduct a solid waste disposal and land op ^ration within the east area of Phase I in conformity with t!Ze modified grading plans. 5. This Amendment No. 6 shall become effective April 1, 1991 and the Agreement as amended by Amendment Nos. 1, 2, 3, 4, 5 and this Amendment No. 6 shall remain in full force and effect. Nothing contained herein shall constitute a release or waiver off any party's rights, duties, obligations or liabilities under_ the Agreement as amended or of. any existing breach or default there - u rid er_ . Executed at Pueblo, Colorado the day and year first above written. ATTEST: Clt Y Clerk PUEBLO MUNICIPAL CORPORATION BY Pr _ dent of_ tr e City Co nc i 1 APPROVED AS TO FORM: City Attorney BOARD OF COUNTY COMMISSIONERS OF PUEBLO COUNTY, COLORADO By Commissioner By Commissioner By Commissioner [ SEAL) ZUPAN ENTE�PREISES, INC. At t e s t t..� f..Q. - �ze.� C���� -�' - �_ — BY �--- Secretary C,` Pr -- ident AP PROVAL The undersigned, guarantor_ of the Agreement, hereby approves the foregoing Amendment No. 6 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 A& of March, 1.991. Joe P. Zupan U� 71 59.19 -2-