HomeMy WebLinkAbout7032J
RESOLUTION NO. 7032
A RESOLUTION APPROVING A MODIFICATION OF
MANAGEMENT AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND THE GREENWAY AND
NATURE CENTER OF PUEBLO, INC., AND AUTHOR-
IZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
4FCTTnm 1
The Modification of Management Agreement dated November 23
1992 between Pueblo, a Municipal Corporation, and The Greenway
and Nature Center of Pueblo, Inc., a copy of which is attached
hereto and incorporated herein having been approved by the City
Attorney, is hereby approved.
4FCTTON 9
The President of the City Council is hereby authorized and
directed to execute same 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 November 23 , 1992
BY MICHAEL OCCHIATO
Council member
APPROVED
Presi nt of� h
te Council
ATTEST:
City Clerk
W
MODIFICATION OF MANAGEMENT AGREEMENT
THIS AGREEMENT entered into this 23rd day of November
1992, between Pueblo, a Municipal Corporation, ( "City") and the
Greenway and Nature Center of Pueblo, Inc., a Colorado nonprofit
corporation ( "The Greenway and Nature Center "), WITNESSETH:
WHEREAS, City and Arkansas Valley Audubon Society Inc.,
society as it's set out entered into a management agreement dated
April 27, 1979 ( "Agreement ") and
WHEREAS, City and The Greenway and Nature Center of Pueblo,
Inc. entered into a modification of management agreement dated
December 27, 1983 ( "Modification Agreement "), and
WHEREAS, City and Greenway and Nature Center desire certain
modifications to the Management Agreement.
NOW THEREFORE, City and Greenway and Nature Center agree as
follows:
1. Article IV Control and Maintenance:
Section 5.9 Paymgnts Payments by the City, if any, to the
Greenway and Nature Center shall be deposited by the City to a bank
or financial institution named by the Greenway and Nature Center.
2. Article VI Development is amended to read as follows:
Cen ter: It is agreed that all improvements which the Greenway and
Greenway and Nature Center places in use or installs upon the
leased premises shall upon termination of this management agreement
become the property of the City, or, at the sole option of the
City, set improvements shall be removed by the Greenway and Nature
Center at it's cost and expense within thirty days after
termination. It is agreed that the Greenway and Nature Center has
the right to sublease or assign the restaurant located on the
leased premises for the term of this lease with written approval by
the City. The Greenway and Nature center shall submit to the City
Manager a copy of the sublease or assignment proposal. The City
Manager shall have thirty days after receipt of sublease or
assignment proposal to either approve or deny the sublease or
assignment. The failure of the City Manager to respond within
thirty days shall constitute an approval of the sublease or
assignment by the City. It is expressly understood that the
Greenway and Nature Center may pledge its interest in the sublease
or assignment as collateral for loans obtained by the Greenway and
Nature Center. It is also expressly agreed and understood that the
Greenway and Nature Center may not mortgage the improvements on
the leased premises or the leased premises themselves, and neither
such sublease or assignment nor City's approval thereof shall be or
construed to be a subordiation of City's interest in such
improvement or leased premises.
Executed at Pueblo, Colorado the day and year first above
written.
PUEBLO, a Municipal
Corporation
By
Pre dent, City Council
Pueblo, Colorado
CENTER OF
BLO, INC.
rres.iuenv-
ATTEST:
City Clerk
of Pueblo, Colorado
APPROVED AS TO FORM:
City ttorney
ATTEST:
Secre ary