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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 -2-