HomeMy WebLinkAbout7943RESOLUTION NO. 7943
A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL
CORPORATION, AND THE FRIENDS OF EL PUEBLO MUSEUM RELATING TO EL PUEBLO
PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An agreement dated August 26, 1996, between the City of Pueblo, a Municipal
Corporation, and the Friends of El Pueblo Museum, of which a copy is attached hereto and on file
at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver said
Agreement on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the Seal of the City thereto and attest same.
SECTION 3
This resolution shall become effective upon final passage.
ATTEST:
4TY n 1
CLERK
INTRODUCED: AUGUST 26, 1996
BY: Al G=le
COUNCIL PERSON
APPROVED:' -�`
PR (DENT OF CITY COUNCIL
AGREEMENT
THIS AGREEMENT entered into as of August 26, 1996 between Pueblo, a municipal
corporation, 1 City Hall Place, Pueblo, Colorado, 81003, (the "City ") and Friends of El Pueblo
Museum, a Colorado nonprofit corporation, 324 West 1st Street, Pueblo, Colorado, 81003 (the
"Friends "), WITNESSETH:
RECITALS
A. Friends filed an application for funds from the State Historical Society for certain
archeological investigation, testing and preservation activities for the "El Pueblo Project," and
subsequently received a grant of $100,000 therefor identified as State Historical Fund No. 96 -01-
075 (the "Grant "). Pursuant to the Grant requirements, Friends has entered into a contract with the
State of Colorado dated June 24, 1996 (the "Friends' Contract ") under which it agrees to perform
certain work associated with the "El Pueblo Project," hereinafter described as "Friends' Work."
B. City has filed a separate application for and City has received from the State of
Colorado for the use and benefit of the Colorado Department of Transportation ( "CDOT ") federal
funding under the Intermodal Surface Transportation Efficiency Act of 1991 for the "El Pueblo"
Archeological Site Investigation, CDOT No. STE M086 -020 (11122) in the amount of $112,000.
City has entered into a contract with the State of Colorado dated July 23, 1996 (the "CDOT
Contract ") under which it agrees to perform certain work associated with the El Pueblo
Archeological Site Investigation, and to provide matching funds of $28,000.
C. The parties hereto contemplate that Friends will pay over the full amount of its Grant
to Pueblo and Pueblo will undertake and perform Friends' Work. Of the funds paid over to City by
Friends, $28,000 will be applied as the required matching funds pursuant to the City's agreement
with CDOT.
D. The City and Friends are desirous of setting forth the terms and conditions of their
mutual understandings with respect to the provision of matching funds to the City for the El Pueblo
Archeological Site Investigation and the implementation and performance of the Friends' Work.
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants
contained herein, City and Friends agree as follows:
1. City will undertake the performance of and complete the Friends' Work as set forth
in the application for and award of Grant for the El Pueblo Project.
2. As often as reasonably necessary during City's performance of Friends' Work, and
upon completion of same, Friends shall expeditiously process, sign and submit to the State
Historical Society, complete with all certifications and assurances, periodic and final payment
requests to receive all funds that may thereby become payable under the Friends' Contract. Upon
receipt of any such funds, Friends shall immediately pay same over to City.
3. City shall use and expend funds received hereunder from Friends solely for
performance of work contemplated by the Friends' Contract and as matching funds to be applied on
the CDOT Contract.
4. Any notice or communication required to be given under this Agreement shall be
deemed given if served personally or mailed by first class mail, postage prepaid, to either party at
such party's address shown on page 1 of this Agreement or such other address as either party may
specify in writing given to the other party.
5. This Agreement shall be binding upon and inure to the benefit of City and Friends
and their respective successors and assigns, provided, Society may not assign this Agreement or any
of their rights hereunder without the prior written consent of the City.
Signed at Pueblo, Colorado the day and year first above written.
[SEAL]
PUEBLO, A MUNICIPAL CORPORATION
ATTEST: Bye_
City Cle
Pre nt of the City Council
[SEAL] FRIENDS OF EL PUEBLO MUSE C.
ATTEST: By
Secretaky President
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