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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