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RESOLUTION NO. 8349
A RESOLUTION APPROVING A LEGACY PROJECT GRANT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND THE STATE BOARD OF
THE GREAT OUTDOORS COLORADO TRUST FUND
RELATING TO THE HISTORIC ARKANSAS RIVERWALK
PROJECT AND AUTHORIZING THE PRESIDENT OF COUNCIL
TO EXECUTE SAME
, . a
WHEREAS, the City of Pueblo supports the completion of the Historic Arkansas
Riverwalk of Pueblo project; and
WHEREAS, the City of Pueblo has received a Legacy Grant from Great Outdoors
Colorado to fund the improvements to the Historic Arkansas Riverwalk of Pueblo project, subject to
the execution of a legacy project grant agreement; and
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1:
The legacy project grant agreement dated February 3, 1998, between the City of
Pueblo, a Municipal Corporation, and the State Board of the Great Outdoors Colorado Trust Fund,
for the Historic Arkansas Riverwalk Project, a copy of which is attached hereto (except a copy of the
City's application which is on file in 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
Funds in the amount of $771,756, in Fund 37 - HARP, are hereby appropriated,
budgeted and irrevocably pledged to meet the City of Pueblo's financial obligations of the Contract.
SECTION 4
This resolution will become effective upon final passage.
INTRODUCED: February 23, 1998
BY: Al Guru 1 e
COUNCIL PERSON
APPROVED:
PRESIDE OF HE COUNCIL
ATTESTED BY:
CI CLERK
LEGACY PROJECT GRANT AGREEMENT
LEGACY PROJECT:
Name:
Project Completion Date:
Great Outdoors Colorado
Contract No.:
Historic Arkansas Riverwalk Project
City of Pueblo
No later than June 30, 2000
6338
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado
Trust Fund
Address: 303 East 17th Avenue, Suite 900
Denver, CO 80203
Telephone: (303) 863 -7522
Fax: (303) 863 -7517
Grantee: City of Pueblo, Colorado
Address: Department of Planning and Development
211 East "D" Street
Pueblo, Colorado 81003
Telephone: (719) 543 -6006
Contact name: Steven Meier
Contact title: Senior Planner- Parks, Trails, and Open Space
Dept. of Planning and Development
Taxpayer ID no.: 84 -6000 -615
Date: February 3, 1998
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RECITALS
A. The Board is a political subdivision of the State of Colorado, created by
Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election,
which article designates a portion of the net proceeds of the Colorado Lottery to the Board and
directs the Board to invest those proceeds in the State's parks, wildlife, open space and recreational
resources.
B. The Board created a statewide Legacy Project Grant program designed to
further the following. (a) wildlife programs through the Division of Wildlife; (b) outdoor recreation
programs through the Colorado Division of Parks and Outdoor Recreation; (c) open space and
natural areas programs through the Colorado Division of Parks and Outdoor Recreation and
Colorado Division of Wildlife, municipalities, counties, or nonprofit land conservation entities; and
(d) local government open space, trails and other outdoor recreation facilities.
C. Grantee submitted a detailed project application (the "Project Application ")
to the Board for the completion of the project entitled and described above (the "Project "). On
May 22, 1996, the Board approved Grantee's Project Application subject to the following
contingencies: (1) total net proceeds available from the lottery programs equals or exceeds
$87,000,000 each year and the Board continues to receive its portion of the total net proceeds as
currently allocated under Article XXVII of the Colorado Constitution; (ii) Grantee and the Board
execute a detailed grant agreement; and (iii) Grantee discharges all of the requirements and
conditions set forth in this Agreement.
D. The parties intend this Agreement to be the detailed grant agreement
required by the Board.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
ARTICLE I.
Project Description
1. Project. Grantee submitted the Project Application to the Board which
contemplates the completion of the Project. A copy of the Project Application is attached hereto
and incorporated herein by reference as Exhibit A.
2. Work Plan. To implement and complete the Project, Grantee has completed
a detailed work plan which describes all the phases of the Project and includes, among other items,
a multiple year budget (through the completion of the Project) with anticipated sources and uses of
funds, Grantee's requested annual appropriations of the Grant from the Board, schedules of the
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specific phases of the Project and /or a list of key dates, and any known or anticipated contingencies
to completion of the Project (the "Work Plan"). The Work Plan adjusts the Project budget and
timelines from those contained in the Project Application to reflect that the amount of the Grant
may be less than requested in the Project Application. The Work Plan also contains the Board
approved allocation of the Grant among the four funding categories described in the Technical
Supplement (as hereafter defined). Grantee acknowledges and agrees that the Board must review
and approve the budget and any revised budgets contained within the Work Plan or Addendum (as
described below) to determine if the timing of requested annual appropriations can be supported by
the net proceeds available to the Board from the lottery programs. A copy of the Work Plan is
attached hereto and incorporated herein by reference as Exhibit B.
a. Addendum. Grantee hereby covenants and agrees to update the Work
Plan on an annual basis during the term of this Agreement by means of an addendum
to this Agreement (the "Addendum "). The Addendum must be executed by both the
Board and the Agent (defined below) and will include a comparison of actual
expenditures to the budget, and will revisit and revise, where appropriate, the Work
Plan in light of the net proceeds available to the Board from the lottery programs,
Grantee's demonstrated progress toward completion of the Project, and Grantee's
changes in expectations and goals under the Work Plan. If the Grantee is requesting
an appropriation for a specific phase of the Project that differs from the Work Plan
or a previously executed Addendum, the new Addendum must contain a clear
explanation of how the new phase fits within the overall plan or vision for the
Project, a specific description of the newly proposed phase, and a budget and timeline
for implementation of the new phase reflecting the proposed sponsor /partner match.
Grantee acknowledges and agrees that appropriations of portions of the Grant in
subsequent years is expressly contingent on the execution of the Addendum by the
Agent and the Board.
b. Match Funds. Grantee has undertaken responsibility for obtaining the
match funds and in -kind contributions described in the Project Application and Work
Plan. Grantee hereby covenants and agrees to disclose to the Board in each
Addendum the status of efforts to secure matching funding and the changes, if any, in
Grantee's proposed allocation of the Grant among the four funding categories
described in the Technical Supplement.
3. Project Scope The Project will not be materially modified by Grantee without
the written approval of the Board. Grantee shall use the Grant solely to complete the Project, as
approved by the Board under the Project Application, Work Plan and Addendum. Grantee hereby
covenants and agrees to use its best efforts to complete the Project.
ARTICLE II.
Legacy Grant Award
Grant The Board hereby authorizes future grants in an amount not to exceed
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$1,000,000 (the "Grant ") in favor of Grantee to be used solely to complete the Project, subject to:
(i) total net proceeds available from the lottery programs equaling or exceeding $87,000,000 each
year and the Board continuing to receive its portion of the total net proceeds as currently allocated
under Article XXVII of the Colorado Constitution; and (ii) as to future fiscal years, Grantee and the
Board must execute the Addendum as set forth above.
2. Scheduled Appropriations and Disbursement of the Grant. It is anticipated
that the Grant will be distributed over a two year period ending, no later than June 30, 2000. Each
year the Board will appropriate a specific portion of the Grant for distribution to Grantee in the
then current fiscal year to complete specific phases of the Project. The initial appropriation will be
made on March 1, 1998 and will provide funding for the initial phase of the Project. Each
succeeding appropriation will pertain to the applicable fiscal year running from July 1 to June 30.
Grantee's schedule of anticipated and requested appropriations is set forth in the Work Plan
(Exhibit B).
ARTICLE III.
Designation of Agent
1. Agent. Grantee hereby designates Lewis A. Quigley, City Manager for the
City of Pueblo, or his designee, as its sole and exclusive agent for administering this Agreement
including but not limited to contact with the Board and its staff in all matters pertaining to the
Work Plan, all official requests for funding of a specific appropriation of the Grant and execution
of any Addenda required by this Agreement. The designation of the Agent may be changed by a
written statement addressed to and received by the Executive Director.
ARTICLE IV.
Covenants Applicable to Particular Aspects of the Grant
1. Grantee acknowledges that the Project may consist of various phases
comprised of the following activities: (i) planning, project coordination and administration, and
environmental program development ( "Planning Activities ") as more particularly described in the
Technical Supplement; (ii) land acquisition and acquisition of conservation easements ("Property
Acquisition Activities ") as more particularly described in the Technical Supplement; (iii) trail
development, facilities development and expansion or enhancement of existing facilities ( "Facilities
Development Activities ") as more particularly described in the Technical Supplement; and (iv)
habitat restoration and enhancement ("Habitat Restoration Activities ") as more particularly
described in the Technical Supplement. With respect to the aforementioned activities, Grantee
hereby acknowledges, covenants and agrees as follows:
a. Planning Activities The Board shall only pay those Eligible Costs for
Planning Activities set forth in the Technical Supplement.
b. Property Acquisition Activities Grantee will meet and discharge the
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Standard Conditions and Due Diligence requirements set forth in the Technical
Supplement, including but not limited to the implementation of a Use Restriction on
the acquired property. The Board shall only pay those Eligible Costs for Property
Acquisition Activities set forth in the Technical Supplement.
c. Facilities Development Activities The facilities constructed under this
activity will be maintained for twenty five (25) years or the useful life of the facility as
more particularly described in the Technical Supplement. The Board shall only pay
those Eligible Costs for Facilities Development Activities set forth in the Technical
Supplement.
d. Habitat Restoration Activities The habitat restored or enhanced under
this activity will be maintained in its enhanced or restored condition in perpetuity as
more particularly described in the Technical Supplement. The Executive Director
may require a Use Restriction where appropriate. The Board shall only pay those
Eligible Costs for Habitat Restoration Activities set forth in the Technical
Supplement.
ARTICLE V.
Disbursement of the Grant
1. Process for Disbursement.
a. Written Request for Disbursement The Agent, on behalf of the
Grantee, must submit a written request for disbursement of all or a portion of the
then current appropriation at least forty -five (45) days prior to the requested
disbursement.
b. Additional Documentation. In addition to the written request for
disbursement, Grantee must also provide to the Board or its authorized agent, as an
express condition precedent to disbursement, the following items relative to the
following activities (as these activities relate to the specific phase of the Project for
which a disbursement is requested):
(1) Planning Activities Grantee must submit: (i) documentation
confirming that the benchmarks for funding set forth in the Work Plan or
Addendum have been met; (ii) itemized funding and expenditure
documentation verifying the sources of funds and that the costs are Eligible
Costs (as more particularly set forth in the Technical Supplement); and (iii)
such other items or information as required by the Technical Supplement.
(2) Property Acquisition Activities Grantee must submit: (i)
documentation confirming that the Standard Conditions for Property
Acquisition Activities (as set forth in the Technical Supplement) have been
met; (ii) the documentation required by the Due Diligence Checklist for
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Property Acquisition Activities (as set forth in the Technical Supplement); (iii)
itemized funding and expenditure documentation verifying the sources and
uses of funds and that the costs are eligible for payment at closing (as more
particularly set forth in the Technical Supplement); and (iv) such other items
or information as required by the Technical Supplement.
(3) Facilities Development Activities Grantee must submit: (i)
documentation confirming that the facilities will be open to the public, and
operated and maintained in a reasonable state of repair for the purposes set
forth in the Project Application, Work Plan and Addendum for at least
twenty -five years or the useful life of the facility (as more fully set forth in the
Technical Supplement); (ii) itemized funding and expenditure documentation
verifying the sources and uses of funds and that the costs are Eligible Costs
(as more particularly set forth in the Technical Supplement); (iii)
documentation confirming that the benchmarks for funding set forth in the
Work Plan or Addendum have been met; and (iv) such other items or
information as required by the Technical Supplement.
(4) Habitat Restoration Activities Grantee must submit: (i)
documentation confirming that the habitat that is restored or enhanced will
be maintained in its restored or enhanced state in perpetuity (as more fully set
forth in the Technical Supplement); (ii) itemized funding and expenditure
documentation verifying the sources and uses of funds and that the costs are
eligible for reimbursement (as more particularly set forth in the Technical
Supplement); (iii) documentation confirming that the benchmarks for funding
set forth in the Work Plan or Addendum have been met; and (iv) such other
items or information as required by the Technical Supplement.
2. Additional Information Required for each Phase Prior to disbursement of
any portion of the Grant, the following information must also be submitted to the Board or its
authorized agent
a. Promptly upon execution of this Agreement, Agent, on behalf of
Grantee, will submit the following.
(1) resolutions adopted by the governing body of Grantee autho-
rizing the execution of this Agreement and approving its terms and
conditions.
(2) the Work Plan for the Project.
b. Prior to disbursement of funds for any phase of the Project, Agent, on
behalf of Grantee, must provide written evidence that:
(1) all permits and approvals necessary to the completion of the
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phase of the Project under applicable local, state and federal laws and
regulations have been obtained.
(2) no material modifications or delays have been made or
experienced (or the Board has been advised of the modifications or delays and
has elected to continue to participate in the funding of the Project),
(3) matching funding has been received (or the status of efforts to
secure matching funding has been disclosed to Board staff and it has been found to
be satisfactory); and
(4) the representations made to the Board in the Project Application,
Work Plan and Addendum continue to be true (or, if there have been any material
changes, the Board staff has been advised of such changes and has assented to them).
(5) the Executive Director may waive one or more of the previous
conditions to disbursement but may require satisfaction of one or more of these
conditions subsequent to disbursement.
3. Cost Reductions In the event that the cost of a specific phase or activity is
less than the amount itemized in the Work Plan or Addendum for that specific phase or addendum,
then the Board hereby reserves the right to proportionately reduce its contribution to that specific
phase or activity.
ARTICLE VI.
Other Provisions
1. Technical Supplement. Grantee acknowledges and agrees that the Technical
Supplement to September 1996 Legacy Grant Awards ( "Technical Supplement "), which will be
provided to Grantee and which is incorporated herein by this reference, contains additional
obligations of Grantee and procedures for administering the Grant. The Board may revise the
Technical Supplement from time to time, and any revisions to the Technical Supplement shall apply
to this Agreement as if fully set forth herein. In the event the Technical Supplement conflicts with
the terms of this Agreement, the terms of this Agreement shall govern.
2. Comtiliance with Reeulatory Reauirements and Federal and State Mandates.
Grantee hereby assumes responsibility for compliance with all federal, state and local regulatory
requirements in all applicable areas, including but not limited to nondiscrimination, worker safety,
local labor preferences, environmental laws, rules and regulations, preferred vendor programs, equal
employment opportunity, use of competitive bidding, and other similar requirements. To the
extent allowed by the Colorado Governmental Immunity Act and other applicable law, Grantee
hereby agrees to indemnify, defend, and hold harmless the Board, its members, officers, agents or
employees, from any cost, expense or liability for any failure to comply with any such applicable
requirements.
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a. Grantee acknowledges the Board is not acting as, and shall not be
construed to be as acting as an owner, manager or operator of any property (real or
personal), facility or activity arising out of or in connection with the Project under any
applicable law, including but not limited to any applicable environmental law, rule or
regulation.
b. Grantee agrees and acknowledges that in each instance in this Agreement
the Work Plan, or the Addendum, where the Board or the Executive Director is
required or has the right to review or give its approval or consent, no such review,
approval or consent shall imply or be deemed to constitute an opinion by the Board
or the Executive Director, nor impose upon the Board or the Executive Director, any
responsibility for the design or construction of building elements, including but not
limited to the structural integrity or life /safety requirements or adequacy of budgets or
financing or compliance with any applicable federal or state law, or local ordinance or
regulations, including any applicable environmental laws. All reviews, approvals and
consents are for the sole and exclusive benefit of the Grantee as required by this
Agreement, the Work Plan or Addendum and no other person or party shall have the
right to rely thereon.
3. Nondiscrimination During the performance of this agreement, Grantee and
its contractors shall not unlawfully discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, disability, marital status, age or sex, and
shall comply with any other applicable laws prohibiting discrimination. Grantee and its contractors
shall ensure that the evaluation and treatment of their employees and applicants for employment
are free of such discrimination.
4. , Publicity and Project Information Grantee hereby agrees:
a. Grantee shall acknowledge Board funding in all publicity issued by it
concerning the Project;
b. Grantee shall cooperate with the Board in preparing public information
pieces, and shall give the Board the right and opportunity to use information gained
from the Project.
c. Grantee shall give timely notice of the Project, its inauguration and
significance to the local members of the Colorado General Assembly, members of the
board of county commissioners of the county or counties in which the Project is
located, as well as to other appropriate public officials;
d. Grantee shall give the Board thirty (30) day notice of and opportunity to
participate in Project dedications.
e. Grantee shall erect temporary and permanent signs acknowledging
8
financial assistance from the Board and the lottery programs in a form designated by
the Board as more particularly set forth in the Technical Supplement.
5. Li ili .
a. To the extent allowed by the Colorado Governmental Immunity Act and
other applicable law, Grantee shall indemnify, defend and hold harmless the Board, its members,
officers, agents and employees from any and all liabilities, claims, demands, damages or costs
(including reasonable attorneys' fees) resulting from, growing out of, or in any way connected with
or incident to this Agreement, except to the extent caused by the negligence or willful and wanton
conduct of the Board, its members, officers, agents or employees. Grantee hereby waives any and
all rights to any type of express or implied indemnity or right of contribution from the State of
Colorado, the Board, its members, officers, agents or employees, for any liability resulting from,
growing out of, or in any way connected with or incident to this Agreement. The Board's
indemnity rights shall survive termination of the Agreement.
b. Notwithstanding any other provision of this Agreement to the contrary,
no term or condition of this Agreement shall be construed or interpreted as a waiver, either express
or implied, of any of the immunities, rights, benefits or protection provided to the Board or the
Grantee under the Colorado Governmental Immunity Act as amended or as may be amended
(including, without limitation, any amendments to such statute, or under any similar statute which is
subsequently enacted ( "CGIA "). The Board and Grantee understand and agree that liability for
claims for injuries to persons or property arising out of the negligence of the Board or Grantee,
their respective members, officials, agents and employees, is controlled and limited by the
provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed
in such a manner as to reduce the extent to which the CGIA limits the liability of the Board or
Grantee or their respective members, officers, agents and employees.
6. Audits and Accounting Records Grantee shall maintain standard financial
accounts, documents, and records relating to the acquisition, use, management, operation and
maintenance of the Project. The accounts, documents, and records related to the acquisition of any
portion of the Project shall be retained by Grantee for five (5) years following the date of
disbursement of funds by the Board under this Agreement, and shall be subject to examination and
audit by the Board, or its authorized agent, during this period. The accounts, documents and
records related to ongoing use, management, operation and maintenance of the Project shall be
retained by Grantee for five (5) years following the year to which the records pertain, and shall be
subject to examination and audit of the Board, or its authorized agent, during this period. All
accounts, documents, and records described herein shall be kept in accordance with generally
accepted accounting principles.
7. Withdrawal of Board Funding The Board may withdraw funding of
unappropriated amounts of the Grant and cease funding of the Project if net annual proceeds
available from the lottery programs is less than Eighty Seven Million Dollars ($87,000,000) or, in its
sole and absolute discretion, the Board determines that conditions have occurred which
fundamentally change the expectations of the parties or which make the Grant infeasible or
0
impractical. The Board will promptly notify Grantee of any such determination.
8. Grantee's Inability to Complete Project If Grantee determines with reason-
able probability that the Project will not or cannot be completed as reflected in the Project Applica-
tion, Work Plan or Addendum, Grantee will promptly so advise the Board, and cooperate in good
faith with respect to alternative solutions to the problem before any further funds are advanced.
9. Completion Date Grantee shall complete the Project no later than June 30,
2000 (the "Completion Date "), but if the Lottery is reauthorized prior to July 1, 1999, then the
Board, in its sole and absolute discretion, may extend the Completion Date for the Project.
10. Assignment Grantee may not assign its rights or delegate its obligations
under this Agreement without the express written consent of the Executive Director which consent
may be withheld in the sole and absolute discretion of the Executive Director. In the event that
Article XXVII of the Colorado Constitution, which established the Board, is amended or repealed
to terminate the Board or merge the Board into another entity, the rights and obligations of the
Board hereunder shall be assigned to and assumed by such other entity as provided by law, but in
the absence of such direction, by the Colorado Department of Natural Resources or its successor.
11. Breach In the event that Grantee breaches any of the terms or conditions of
this Agreement and fails to cure such default after thirty (30) days prior notice from the Board, the
Board shall have the following remedies:
a. Prior to Payment of all of the Grant The Board reserves the right to
withdraw funding and / or terminate this Agreement, in whole or in part.
b. After Payment of the Grant. The Board reserves the right to deem
Grantee ineligible for participation in future Board grants, loans or projects.
c. Additional Remedies. In addition to the remedies set forth in I I (a) and
(b) above, the Board shall be entitled to pursue any other remedy available at law or in
equity.
12. Good Faith There is an obligation of good faith on the part of both parties,
including the obligation to make timely communication of information which may reasonably be
believed to be of interest to the other party.
13. Applicable Law Colorado law applies to the interpretation and enforcement
of this Agreement.
14. Status of Grantee. The parties acknowledge that the Board lacks the power
and right to direct the actions of Grantee, a home rule municipality organized and existing pursuant
to the Colorado Constitution. Grantee acts in its separate capacity as an independent contractor
and not as an officer, employee or agent of the Board or the State of Colorado.
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15. Entire Agreement Except as expressly provided herein, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement not
incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement
shall be valid unless made in writing and signed by the parties to this Agreement.
16. Multiple Year Obligations of the Board To make certain the understanding
of the parties because this Agreement will extend beyond the current fiscal year, Grantee
understands, acknowledges, agrees and intends that the Grant in no way constitutes a current
obligation or current expense of the Board. The Board's obligation to pay all or any portion of the
Grant in a given fiscal year is expressly contingent upon: (i) total net proceeds available from the
lottery programs equaling or exceeding $87,000,000 each year and the Board continuing to receive
its portion of the total net proceeds as currently allocated under Article XXVII of the Colorado
Constitution; (ii) Grantee and the Board have executed the Addendum to this Agreement; and (iii)
the Board has appropriated a specific portion of the Grant for payment in a particular fiscal year. It
is only after the foregoing conditions have been discharged and the other conditions of this
Agreement have been met that the appropriated amount under the Grant (as opposed to the Grant
total authorized) constitutes a current expense of the Board. The appropriated amount for a
specific fiscal year shall be payable exclusively from Board's funds and shall not in any way be
construed to be a general obligation indebtedness of the State of Colorado or any agency or
department thereof. The Board has not pledged the full faith and credit of the State, or any agency
or department thereof to the payment of the Grant hereunder, and this Agreement shall not
directly or contingently obligate the State or any agency or department thereof to apply money
from, or levy or pledge any form of taxation to, the payment of the Grant.
17. Subject to Annual Appropriation Any provision of this Agreement or its
attachments which impose upon Grantee, directly or indirectly, any financial obligation whatsoever
to be performed or which may be performed in any fiscal year subsequent to the year of execution
of this Agreement is expressly made contingent upon and subject to funds for such financial
obligation being appropriated, budgeted and otherwise made available.
18. Seve_ ram If any provision of this Agreement, or the application thereof is
found to be invalid, the remainder of the provisions of this Agreement, or the application of such
provision other than those as to which it is found to be invalid, shall remain in full force and effect.
19. Time is of the Essence Time is of the essence in this Agreement.
20. Survival. The terms and provisions of this Agreement shall survive the
funding of the Grant. Subsequent to the funding of the Grant, there are a number of ongoing
obligations of Grantee.
21. Notices Any notice, demand, request, consent, approval, or communication
that either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
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To Grantee via the Agent:
City of Pueblo, Colorado
Attn.: Steven Meier, Senior Planner
Department of Planning and Development
211 East "D" Street
Pueblo, Colorado 81003
To the Board:
Executive Director
State Board of the Great
Outdoors Colorado Trust Fund
Suite 900
303 East 17th Avenue
Denver, CO 80203
22. Fax and Counterparts This Agreement may be executed in one or more
counterparts, each of which shall be an original but all of which when taken together shall
constitute one Agreement. In addition, the parties agree to recognize signatures to this Agreement
transmitted by telecopy as if they were original signatures.
Dated:
STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND
B
Executive ECector
CITY OF PUEBLO, COLORADO
By: .
Pres' ent 4City Council
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Schedule of Exhibits
Exhibit A - Project Application
Exhibit B - Work Plan / Map
13
Exhibit A
Project Application
[See Attached]
14
Exhibit B
Work Plan
[See Attached]
15
EXHIBIT 'B'
WORK PLAN "
HISTORIC ARKANSAS RIVERWALK PROTECT
GREAT OUTDOORS COLORADO `LEGACY PROJECT'
PROJECT BUDGET /TIMELINE
January 1998
SOURCE AND USE OF FUNDS:
PROJECT
BEGINNING
GOCO
APPLICANT
FUND'S
DESCRIPTION
DATE
CASH
CASH
TOTAL
TIMELINE'
SUMMARY
1 T RAIL DEVELOPMENT
S72.265
5132.265
_
1 Site Preparation - includes all rough and fine grading. place and
_
3 198
560.000
compact fill materials. and all retaining walls in and along the trail
s stem
5180.000
S78.471
S258.471
_
2 Pavin - includes all paving and base materials used in
3/98
_ constructing th e_trail systcrn
S10.000
S29.900
3. Trail Amenities - includes necessary signal devices. bike racks
3. %98
S39.900
bo llards. trash recep tacles. and lighting for the trails stem.
SUB -TOTAL
$230,000
5180,636
$430,636
dJt/98
II._ WILDLIFE AND E EDUC ATION DEVELOPMENT
3
S118.350
S225.350
1. Site Preparation - includes all rough and fine grading. place and
S107.000
compact fill materials. boulder placement in the water. and
remaining w alls i t_he_ wildlife and environmental education area
2 Paving - includes all paving and base materials used in
3
_ ___
_
548.000
S23.700
S71.700
construction the paths. steps. and ramps in the wildlife and
environmental education area
REVISED 2/3/98
PROJECT
BEGINNING
GOCO
APPLICANT
FUND'S
DESCRIPTION
DATE
CASH
CASH
TOTAL
TIMELINE*
3. Native Landscape - includes the spreading of topsoil, the
3/98
$45,000
$34,540
$79,540
installation of the irrigation system, and the planting of native trees,
shrubs, coniferous trees, ornamental trees, grasses and wetland
vegetation in the wildlife and environmental education area.
4. Environmental Education Amenities - includes environmental
3/98
$50,000
$16,500
$66,500
education si na e, trash rece tacles, and Rrotective railing.
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III. ARKANSAS RIVER GREENWAY DEVELOPMENT
1. Site Preparation - includes all rough and fine grading, place and
3/98
$350,000
$147,826
$497,826
compact fill materials, the island for the boat turn around, channel
edge treatment, and retaining walls in the g reenway area.
2. Pavin - includes all paving and base materials used in
3/98
$75,000
$151,750
$226,750
construction of the walkways, pedestrian bridge, steps, and ramps
in the greenway area.
3. Landscape - includes the spreading of topsoil, the installation of
3/98
$50,000
$34,654
$84,654
the irrigation system, and the planting of native trees, shrubs,
coniferous trees, ornamental trees, and turf in the greenway area.
4. Greenwav Amenities - includes the pedestrian lighting, tree 3/98
$25,000
$63,800
$88,800
rates, protective & ADA railin , trash recep tacles, and bollards.
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T
$771,756
$1,771,756
NOTES -
1) * REFERS TO WHEN THE CITY OF PUEBLO WILL NEED THE ALLOCATED FUNDS FROM GREAT OUTDOORS COLORADO!
2) ITEMS LISTED IN THE ABOVE DESCRIPTIONS ARE INCLUDING BUT NOT LIMITED TO THOSE SAID ITEMS.
3) UNDER ITEM "II °, THE APPLICANT'S MATCH WILL BE USED EXCLUSIVELY TO BUILD THE WILDLIFE AND ENVIRONMENTAL
EDUCATION FACILITIES IN THE EASTERLY PORTION OF HARP, WITHIN THE COLORADO DEPARTMENT OF TRANSPORTATION'S
RIGHT -OF -WAY ADJOINING HWY. 50C, IN THE CITY OF PUEBLO.
4) REFER TO THE ATTACHED MAP FOR LOCATIONS:
I. TRAIL DEVELOPMENT - RED
II. WILDLIFE AND ENVIROMENTAL EDUCTION DEVELOPMENT - YELLOW
III. ARKANSAS RIVER GREENWAY DEVELOPMENT - GREEN
2 REVISED 2/3/98
Council Agenda
TITLE: A RESOLUTION APPROVING A LEGACY
PROJECT GRANT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE BOARD
OF THE GREAT OUTDOORS COLORADO
TRUST FUND RELATING TO THE HISTORIC
ARKANSAS RIVERWALK PROJECT AND
AUTHORIZING THE PRESIDENT OF
COUNCIL TO EXECUTE SAME
AGENDA ITEM #
DEPARTMENT: PLANNING & DEVELOPMENT
DATE: February 23.1998
ISSUE: Should the City Council approve a Legacy Project Grant Agreement between the City
of Pueblo and the State Board of the Great Outdoors Colorado Trust Fund for improvements
to the Historic Arkansas Riverwalk Project and authorizing the President of Council to execute
said agreement.
BACKGROUND: The City has received a Great Outdoors Colorado Legacy Grant in the
amount of $1,000,000 for the project. The City will be committing to construct park
improvements to the HARP area. Improvements to the area include: earthwork, bicycle trails,
pedestrian walkways, pedestrian bridge, native landscaping, environmental education nodes,
interpretative signage, wetlands areas, boardwalk, retaining walls, turf, and an irrigation system.
The project is estimated to be completed within 12 months.
The estimated budget for the project is $1,771,756, which includes the following funding
sources:
$1,000,000 Great Outdoors Colorado Trust Fund
$ 771,756 City of Pueblo
$1,771,756 TOTAL COST
RECOMMENDATION: Approval of the Resolution.
FINANCIAL IMPACT: The City of Pueblo will receive a $500,000 payment from Great
Outdoors Colorado in April 1998 and the remaining $500,000 in September 1998. The City's
$771,756 cash match will come from Fund 37 - HARP. City is obligated to maintain the Project
for at least 25 years or the useful life of the Project.
Legacy Project Summary Information
Please review all eligibility requirements before completing this tivo page summary.
Please respond in the space provided.
1. Project Sponsor(s): CITY OF PUEBLO, COLORADO.
2. Primary Sponsor (must be eligible recipient, see Eligibility Requirements page 3):
Address: NO. 1 CITY HALL PLACE
PUEBLO, CO 81003
Contact Name: JAMES F. MUNCH
Title: DIRECTOR OF PLANNING AND DEVELOPMENT
Telephone 4: ( 719) 543 -6006
Fax #: (719) 543 -0572
3. Project Partners:
DR. RICHARD MARTINEZ, CHAIRMAN MR. ALAN HAMEL MR. LEWIS QUIGLEY, CITY MGR.
BOARD OF- COUNTY COMMISSIONERS BOARD OF WATER WORKS CITY OF PUEBLO
MR. GUS SANDSTROM MS. LAURI MATHEWS MR. RON DESILIET
PUEBLO CONSERVANCY DISTRICT - STATE PARKS DEPT. DIVISION OF WILDLIFE
Please provide an attachment with names, addresses, contacts /titles, and telephone /far mss, for all project partners.
4. Project Title:
HISTORIC ARKANSAS RIVER PROJECT
5. Project Location:
U.S. Con District(s): THIRD
Colorado House District 9(s): 45 & 46
County(s): PUEBLO
Colorado Senate District 9(s): 3
Ifproject is statetivide, please type statetivide after project location and disregard the district and county location
requests.
6. Two or More Funding Categories Advanced by this Project. Please see Eligibility Requirement Nr1,
page 3 before responding to this section.
WILDLIFE OPEN SPACE
OUTDOOR R ECREATION
summary information continued on next pave...
LOC COMM UNITY
GREAT OUTDOORS COLORADO LEGACY PROJECTS Page 1
e )-L
PROJECT PARTNERS
(1) Dr. Richard Martinez, Chairman
Board of County Commissioners
Pueblo County Courthouse
10th & Main Streets
Pueblo, CO 81003
Phone: (719) 583 -6000
Fax: (719) 583 -6549
(2) Mr. Gus Sandstrom, Chairman
Pueblo Conservancy District
111 E. 5th Street
Pueblo, CO 81003
Phone: (719) 544 -6823
Fax: (719) 544 -6825
(3) Mr. Alan Hamel, Executive Director
Pueblo Board of Water Works
P. O. Box 400
Pueblo, CO 81002
Phone: (719) 584 -0221
Fax: (719) 542 -1624
(4) Mr. Lewis A. Quigley, City Manager
City of Pueblo, Colorado
No. 1 City Hall Place
Pueblo, CO 81003
Phone: (719) 584 -0800
Fax: (719) 594 -0850
(5) Ms. Laurie Mathews, Director
Colorado State Parks
1313 Sherman Street, Room 618
Denver, CO 80203
Phone: (303) 866 -3437
Fat: (303) 866 -3206
(6) Mr. Ron Desiliet
Regional Manager, Southeast Region
Division of Wildlife
6060 Broadway
Denver, CO 80216
Phone: (303) 297 -1192
le L
I. OVERALL VISION /CONTEXT
A. What are the vision, objectives, and general time frame of any related overall
plan that may have been the origin of the current Legacy Project?
OVERVIEW:
The Historic Arkansas Riverwalk Project (HARP) is an urban river greenway project
which plays a significant role in the broader Pueblo River Greenway Plan. It is the
critical connection between several regional attractions and the Arkansas River and
Fountain Creek corrridor. Funding the Historic Arkansas Riverwalk Project (HARP)
through the Legacy Grant will enable the City and its many partners to complete the
most distinct portion of the broader vision. HARP is critical to the realization of
the Pueblo River Greenway Plan and meets all four goals of the Great Outdoors
Colorado Legacy projects. With your help, it will be accomplished by June 30, 1999
To fully understand the significance and impact of the HARP project, it must be
evaluated within its regional greenway context.
17. M GM 11►I��
Water, within a riparian environment, is a significant natural resource within the
semiarid landscape of Southeastern Colorado. President John F. Kennedy, when
speaking at the dedication of the Fryingpan - Arkansas Project in Pueblo on August 17,
1962, highlighted this point:
"There is no more valuable lesson for a President—than to come to a river and
see what grows next to it and come to this City ... This platform, and know how
vitally important water is..."
The Arkansas River and Fountain Creek corridors are two defining natural
physiographic elements within the Pueblo Region. Historically, the confluence of
these two waterways created a riparian oasis which serves as a crossroads, a meeting
and gathering place, and as a settlement location. In fact, for many years it
served as the boundary line between Mexico and France.
The Historic Arkansas Riverwalk Project is the "Legacy Phase" of the Pueblo River
Greenway Plan. The HARP Project was chosen for this Legacy Grant request because it
is the final missing critical link required for the completion of the plan. It
fulfills the stated mission and goals of Great Outdoor Colorado within an urban
context and is achievable within your time lines.
The greater Pueblo community shares a collective appreciation and vision for the
development of both the Arkansas River and Fountain Creek corridors. This vision
has evolved over time. It is difficult to determine its date of origin, but it is
generally agreed that the genesis of the greenway vision occurred within the 10 -year
period between the 1965 Fountain Creek Flood and the completion of Lake Pueblo in
1975. This vision became part of the community's popular culture with the
development of the Pueblo River Greenway Plan. Like many of the community's
planning efforts, including the HARP Project, this was a citizens driven planning
* 1
3. Downtown /HARP (1) Extend the Arkansas River greenway and ensure
water availability; (2) Acquire necessary land for the trail
corridor and develop multi -use urban trail linkages and trailhead
facilities; (3) Improve both native in- stream and non -game
habitats; (4) Develop environmental education facilities and
associated curriculum; (5) Create watchable wildlife opportunities;
and (6) Develop a stewardship plan for the operation and management
of HARP to ensure long -term sustainability of the project.
4. Fountain Creek Corridor (1) Acquire property for the development
of trail improvements between the confluence of the Arkansas River
and Fountain Creek and the University of Southern Colorado; (2)
Develop the Fountain Creek Regional Park; and (3) Develop
environmental education facilities.
5. The University of Southern Colorado (1) Continue to work with the
University of Southern Colorado and WalkingStick Golf Course to
develop regional facilities that will anchor the north end of the
greenway system.
Many of the ideas set forth in the framework of the Pueblo River
Greenway Plan have been accomplished. The following matrix exhibits
the project's facilities and partnerships that have developed in the
implementation of this plan.
The remaining gap in the overall implementation of the Greenway Plan is the relinkage
with the regional downtown anchor. The downtown anchor was particularly difficult to
integrate within the greenway framework. Prior to the 1921 flood, the Arkansas River
greenway was a central part of downtown Pueblo. The Arkansas River flowed past City
Hall through the heart of the city, both uniting and separating the city's Northside
and Southside. Following the 1921 flood, the river was moved south of the downtown
and placed between a major concrete flood levee and the south bluff of the Arkansas
River floodplain. The greenway became further isolated by the rail yards which
expanded between the levee and the downtown. The downtown was separated from the
Fountain Creek greenway by similar obstacles - -flood control structures which were
constructed during the 1965 flood and by a major north -south railroad corridor and
Interstate 25.
In summary, HARP is the critical missing linkage which potentially joins downtown to
the other framework plan anchors. The HARP Project will accomplish this through the
extension of the Arkansas River greenway and trail into the downtown by restoring the
Historic Arkansas River channel. The Historic Arkansas Riverwalk Project provides
the greenway and trail linkage with the other regional facilities as depicted in the
framework plan.
The specific objectives or elements of the HARP Project which support the Pueblo
River Greenway Plan include:
1. The rebirth of the Historic Arkansas River channel will allow the expansion of
the Arkansas River greenway corridor via the pre -1921 river channel into
downtown. This will reintroduce this unique urban open space into the heart of
downtown, ensuring long -term availability of water for the greenway corridor.
C. Opportunity: Urgency /Jeopardy.
(1) What is the overall urgency of the project: What is the opportunity cost if
this project does not proceed immediately? What is lost if the project
proceeds incrementally over a larger period of time?
HARP represents a unique opportunity in time. The community and Greater
Pueblo Region have a high expectation that construction of this project will
begin in a timely manner and be completed by July, 1999. We now have a
window within which the Board of Great Outdoors Colorado has a unique
opportunity to influence and enhance HARP by funding the City's GOCO's
Legacy application.
The $12.85 million public contribution to this project will fund
construction of the infrastructure improvements necessary to restore the
river channel and to match GOCO contributions to the project. The $12.85
million will become available through the sale of a limited obligation
bond. This bond will be tax exempt. To maintain the bond's tax exempt
status, 85% of the money must be spent within three years.
The City of Pueblo shares the vision, mission, and goals of the State Board
of the Great Outdoors Colorado Trust Fund and desires HARP to be so designed
and built to meet and visually demonstrate the goals of GO Colorado.
Incorporating GOCO goals can only make HARP a stronger project. Our request
under the Great Outdoors Colorado Legacy Program is to fund additional
enhancements to HARP which furthers GOCO's mission and goals and which are
not included within the $12.85 million base construction.
(2) What is the urgency of each distinct element of the project? Which elements
are the most urgent?
As identified in Item B(2) above, all the elements within the HARP project
are related and each is important to the successful completion of the whole
project. It is therefore difficult to identify the urgency of each distinct
element or identify which elements are more urgent than another.
The best way to answer this question is to identify how each of these
elements fit within the construction sequence. If construction defines
urgency, the three most urgent elements of the project are the expansion of
the historic Arkansas River greenway through the restoration of the 1921
channel, the acquisition of the water rights to ensure water availability,
and the acquisition of the railway corridor which is currently available for
sale.
The next most important elements are the development of the urban trail
system, the restoration of crucial habitat, the development of wildlife
watching opportunities, and the development of environmental education
programs. These elements can be completed in subsequent phases but are
dependent on the creation of the greenway and the acquisition of the trail
corridor. The final element is the development of the comprehensive
stewardship plan.
III. IMPACT OF THE PROJECT
A. Direct Benefits of the Project for the Investment Required:
1. How many acres of land will be protected as open space?
Total Greenway Open Space: 15.2 Acres
Waterways: 4.0 Acres
Non -Game Wildlife Habitat: 4.0 Acres
2. How many miles of new trail will be constructed? What, if any, links will they
provide to other trails, parks, outdoor recreation facilities, etc. ? What is
the cost per mile?
Approximately 1.87 miles of new trails will be constructed throughout the HARP
area, of which 0.67 of a mile will be for bicycle trails; 0.56 of a mile will
be for pedestrian trails; and 0.64 of a mile will be for interpretive trails.
All HARP trails will link regional facilities with the 35 miles of existing
trails system and the University of Southern Colorado and the facilities at
Lake Pueblo.
The trail is estimated to cost $423,000 per mile. The estimated costs include
trails surfacing, site cleaning, site earthwork, and retaining walls.
Retaining walls are necessary in order to comply with the American Disability
Act to separate the users.
3. How many acres of new parks (local, regional, or state) will be developed?
Approximately 15.2 "park- like" acres.
4. How many environmental education opportunities will be provided?
Three thematic areas will be developed as a result of the HARP project.
Separate curriculums will be developed for elementary, middle, and high school
students.
In total, there will be 13 environmental opportunities throughout the HARP area
which include:
o Water Based Curriculums
o Interpretive/Environmental Education Signage around Lake Elizabeth
o Node at west end of lake
o Outdoor classroom at east end of lake
o Learning center (which is not a part of this grant application but a space will
be provided pending PNREEC determination in its plan)
o Watchable wildlife bridge
o Environmental Education node for native /aquatic plant material
o Environmental education node for wetlands
o Environmental education node for wildlife
o Environmental education node for stream restoration
o Three Environmental Education nodes depicting the region's cultural /historic
aspects.
S. What non -game fish /wildlife species will benefit from any associated land
protection?
Non -Game Fish -- Species list of Plains Native Fishes:
Arkansas Darter*
Flathead Chub
Plains Minnow*
Red Shiner
Sand Shiner
Sucker -Mouth Minnow*
Southern Red Belly Dace*
Stoneroller
*Indicates the main four (4) species targeted.
Non -Game Wildlife Species -- Includes waterfowl, small amphibians reptiles, and
non -game birds and mammals associated with a plains riparian environment.
6. How many acre-feet of water will be acquired?
The Pueblo Board of Water Works has filed a water right for the project. The
Board will be providing approximately 50 acre feet of augmentation water to
make up for the consumptive use of the project.
7. How many communities and how many people will the project serve? Will the
people served include local, regional, and state visitors and out -of -state
tourists? Please provide an estimate of the numbers and types of individuals/
communities served?
The Pueblo Convention and Visitors Bureau, through actual visitor counts for
major local area attractions, including the Lake Pueblo State Park estimates,
documents that approximately 2.5 million people visit the Pueblo region
annually. This number does not include visitors to the State Fair Grounds
attending off season events. When looking at the geographical distribution of
these visitors, approximately 60 percent (60 %) come from an area outside Pueblo
County, 30 percent (30 %) from within Pueblo County, and 10 percent (10 %) from
outside the State of Colorado. These are all potential project beneficiaries.
We also anticipate as Pueblo continues to reposition itself as a visitor
destination that these numbers will grow dramatically. Pueblo serves as the
regional center for Southeastern Colorado. Therefore, all residents of
Southeastern Colorado will be served by this project.
In order to further demonstrate the statewide and regional significance of
HARP, the city has retained the Leland Consulting Group of Denver, Colorado, to
estimate and quantify visitation, population, and user characteristics.
Visitors to the
HARP Project Area
• The HARP project will provide a unique visitor attraction in Colorado and
the Rocky Mountain West -- as such, it will draw a significant number of
new visitors to the trade area.
• Due to the uniqueness of the HARP project, the number of visitors to the
trade area will effectively double over the next ten }ears.
.CARP Project Visitor
Ylarket Composition
100%
90%
s0%
70%
•yY�
✓_ 60%
.�y
El 50%
40%
v 30%
20%
10%
0%
1995
Y ear
■ Pueblo /Local IM Other Colorado
--------------------- - - - - -- ------------------------------------ - - - - --
2005
D Out of State
. _ ---------------------------------------- - - - - --
° Because the HARI' proJ-1ct «ill expand the trade area into South 'C'entral Colorado, eastern Kansas
and northern New Mexico, in the future, more visitors will corn-c from outside the Pueblo /local
market.
° By the year 200 - it is e'Sht - ni ted that nearly 70% of the visitors tc tlw HARP project will be from
outside the local m<<rket area.
Iet L.J
J.� b
1995
Y ear
■ Pueblo /Local IM Other Colorado
--------------------- - - - - -- ------------------------------------ - - - - --
2005
D Out of State
. _ ---------------------------------------- - - - - --
° Because the HARI' proJ-1ct «ill expand the trade area into South 'C'entral Colorado, eastern Kansas
and northern New Mexico, in the future, more visitors will corn-c from outside the Pueblo /local
market.
° By the year 200 - it is e'Sht - ni ted that nearly 70% of the visitors tc tlw HARP project will be from
outside the local m<<rket area.
HARP Trade Area
Population/Employment Growth
350,000
300,000
250,000
O
pw 200,000
0
150,000
z
100,000
50,000
0
1980 1990 1995 2000
Year
Population 0 Employmen
2005
• The HARP trade area is an emerging regional service center (business, shopping,
entertainment, health care, etc.) for Southern Colorado.
• The HARP trade area currently serves the communities of Pueblo, Fremont, Otero,
and Chaffee Counties.
• The HARP project will expand Pueblo's trade area influence East/West to Eastern
Kansas and South Central Colorado, and North/South to the Pikes Peak region
and Northern New Mexico.
Ethnic Diversity
of the HARP Trade Area
0 The HARP trade area has a diverse mix of ethnic groups, which enhances
opportunities for multi - cultural exchange and activities.
The strong Hispanic influence in the HARP trade area encourages relationships
with northern New Mexico and provides a potential geographic link between
the Pikes Peak and Santa Fe /Taos tourist regions.
2% Black
African
1 % Native
American
American
9% Other
52% White
;}7 1�r 4' J.�t K �Y +� �'�'. %F�'`:�"'' . .• •..�'' c an
'' �•' "� 1 •rC � r.tJ
� x X17: ' ,.:Y'Y ! ^'xFV ' r �
1.+�•
'" '
� � 1 • � J �-5�: j ! ,. _•' ;• (i' • : ; t h y ,
.1 'J'.S+ Ivry t••1
LYJ�,�rxwY•. =�1 .�M.. 7 "�., ��f + pJy " V•
.. Jti ,'�, �'' ry5r" ��.i:.j� �'jy ' �y •• • YNf{ . ��.'�'�'�'"' ��'"�^Ji}��,� .I•.*a
•4••
Asti:. j' 1 ; � : ' " • '� ,1 ���y + . y � •'•ld.... � .`' � `
..1,: .X.
36% Hispanic
0 The HARP trade area has a diverse mix of ethnic groups, which enhances
opportunities for multi - cultural exchange and activities.
The strong Hispanic influence in the HARP trade area encourages relationships
with northern New Mexico and provides a potential geographic link between
the Pikes Peak and Santa Fe /Taos tourist regions.
B. Consistency with Local /Regional Government, State and Federal Agency Plans and
Policies:
1. Have local, regional, or statewide plans or policies identified and
addressed the need for the project, and /or specific elements of this
project in the region? If so, please describe and attach relevant sections
of plans or policies.
This Historic Arkansas Riverwalk Project has long been a dream, vision, and
objective of the Pueblo community. Planning for the project began in the
early 1990's and has included project feasibility, public goals, and
objectives, the program plan development, environmental suitability,
schematic plan development, and design development. In the November, 1995,
Bond election, the Pueblo communities committed $12.85 million to the
construction of HARP. Various local, regional, and statewide plans and
policies have identified the need for each of the trail, river greenways,
and the environmental education components incorporated within the plan.
The identification of these plans and brief overview is provided below:
HARP fulfills the needs articulated in both local and regional vision
statements as well as local planning documents. The community of Pueblo
has grown up on the banks of the Arkansas River. The history of the
community and the river are entwined. It has long been a vision of the
community to restore the Historic 1921 River channel through the downtown.
This vision became a reality on November 7, 1995, when a majority of the
electorate voted to contribute $12.85 million in public funds toward the
construction of HARP. The project fits within the regional vision
statement prepared for the Governor's Smart Growth initiative.
The HARP Plan has been formally adopted by both the City of Pueblo's
Planning Commission and the Pueblo City Council, and is consistent with the
City and the County's Regional Comprehensive Development Plan Amore
detailed listing of plans addressing the need for the project was included
earlier in this application under Item 2(7)-- Project Needs. Also included
is a matrix which summarizes the information in the above referenced item
and cross references each plan and the elements of the HARP Project.
Local Plans
The Central Pueblo Framework Plan. 1994
Developed by a citizen task force, this plan identifies the need for a
comprehensive open -space system. The plan lists "A Comfortable Outdoor
City" as one of its ten downtown "values ". This value discusses the need
for a comfortable pedestrian connection between destinations as well as
opportunities to enjoy the outdoors in downtown. HARP is specifically
mentioned as a project that will be key to the proper improvement of
downtown Pueblo.
Development Suitabilitv Analvsis for t Pu eblo C on ser vancv D istrict.
1995.
As one of the largest land owners on the Arkansas River in Pueblo County,
the Pueblo Conservancy District compiled this master plan to assist in the
conservation and development of these lands. The plan identifies the
Thomas Phelps Creek as "an important transition from the urban core of
downtown Pueblo and the Lake Runyon area." The Thomas Phelps Creek trail
adjoins the HARP trail and is an extension of the naturally landscaped
river corridor plan that connects downtown Pueblo to the Runyon Lake
outdoor activities.
The Soul of Pueblo. 1995.
The Soul of Pueblo depicts nine areas of downtown. A description of the
HARP Project is as follows:
"When it gets right down to the basics of city's being, its roots are found
in the natural environment; it landforms, its vegetation, its climate.
While other areas of the city tell the story of human settlement, this park
setting tells the story of human explorers and natural history. It is the
land; home to Native Americans and later claimed by France, by Spain, by
Mexico, and finally by a young United States. It is an oasis, where
dinosaurs walked, where seas came and left and where cottonwood groves
outlived discoveries and human endeavors. Water has always been its
essence; changing its course and its inhabitants, but always an oasis."
Pueblo Regional Comprehensive Development Plan. 1930
Land conservation goals in this plan state:
(1) Promote diversity in the environment of the Pueblo Region through the
protection of certain identified areas, lands, or sites.
(2) Utilize natural resources and unique environmental conditions to the
maximum benefit of the Region's population.
Objectives for these goals include:
(1) B1 -2 Conserve natural conditions of air, water, land, vegetation,
wildlife, and open spaces for the education, recreation, and general
welfare of the public.
(2) B3 -1 Preserve and protect those unique archaeological, architectural,
historical, and natural elements as educational and landmark resources for
the community.
(3) B3 -1 Create a visually interesting environment through the preservation of
architecturally, archaeological, or naturally significant resources.
(4) B4 -1 Guide development and resource recovery within significant wildlife
habitats.
In section VIII -A, Parks and Recreation Element, the plan states:
"Water, whether in a small stream or a reservoir, constitutes a major element
in the parks and recreational system. Water areas have a special scenic value
not surpassed by many other natural resources and have recreational potential
for fishing, water skiing, boating, and swimming. Most importantly, water areas
are part of an ecological system essential for man's survival."
HARP Conceptual Master Plan. 1992
Adopted by Pueblo City Council, this plan describes the HARP project and its
importance to the community. Because of HARP's exceptional plan and design, the
Historic Arkansas Riverwalk Project received a Planning Award for Excellence in
Planning from the Colorado Chapter of the American Planning Association in 1993.
Communities of Pueblo County Strategic Plan. 1994
A large citizen effort that took over two years to complete, this document
identifies the need for more natural resource conservation, environmental
education, and historic awareness in Pueblo.
State Plans.
Lake Pueblo State Park Management Plan
Although generally aimed at Lake Pueblo State Park, this document describes the
rich natural resources in the Pueblo region along with how visited they are.
Division of Wildlife Long -Range Plan. 1994
While the goals of this plan are fairly general and apply state -wide, they are
the same as the goals set forth in the HARP project for enhancing wildlife
habitats in the project area.
State Recreational Trails Master Plan. 1985
Addresses the Thomas Phelps Creek access between the HARP project and Runyon
Lake.
Federal Plans
Arkansas River Recreation Management Plan and Environmental Analysis. 1988
Addressing all of the Arkansas River, this document describes the importance of
the river and the habitats it sustains.
Integrating Rail Trails into Statewide and Metropolitan Long Range Plan
A federal paper that discusses the benefits of rails to trails.
Urban Park and Recreation Recovery Program 1992 -1997, Updated 1995
This lengthy document discusses the park and open space needs in
Pueblo County.
2. Please describe the degree and type of opposition to the
project (or elements thereof) that might occur.
There is no known organized opposition to the project. During
the recent election, there was a small group opposed to the
HARP ballot issue. Their stated opposition was not against the
project per se, but more accurately the basis of the objection
was focussed on discussing how the proposed project funds could
be better spent on other infrastructural needs of the City.
Interestingly, approximately $7.5 million will be spent in
Phase One on infrastructure improvements for HARP and downtown.
Consistency' Local/Regional Government,
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Project Elements
and Tasks
I Extension of Arkansas
River Greenway
a Restoration of the historic Arkansas
River channel
b Insuring water availability
2 Trail Development
a Acquisition of abandoned railway
corridor
b Development of multi -use urban
trail
c Development of regional trailhead
facility
3 Habitat Improvements
a In- stream /plains native fishes
b Non -game wildlife
4 Watchable Wildlife
a Facility development
5 Environmental
Education
a Facilities
b Curriculum
6 Stewardship Plan
a Operation
b Management/conservation easement
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C. Is yourproject a catalyst or does it have a high demonstration value?
The demonstration value of HARP grows from two roots. It is a citizen based
project and it is an urban project. HARP grew from a citizen initiated planning
process which was initiated by individuals and groups from throughout the Region
who had a vision and commitment to the planning and building of this unique
regional resource. This group solicited funds from both the public and private
sectors for the planning. When the planning was completed, they developed a
funding scenario, placed the question on the ballot, and worked towards the
successful understanding and public approval process. HARP was approved and
funded through a public election and its successful completion is ultimately the
responsibility of the City Council. The City Council appointed a HARP Commision
which is responsible for the ongoing direction and management of the HARP
Project. These citizens have utilized many unique tools and techniques necessary
to build the partnerships required for this project.
HARP's demonstrative uniqueness also stems from its urban character. HARP is. a
unique example of Colorado's natural history. Urban greenway projects face
special challenges of drainage, flooding, and stewardship. HARP is unique in
that it exhibits man's interaction with the environment and the interaction of
the community over time with the Arkansas River within this urban setting. This
includes the history of the interaction and response of the community to various
situations created by the River. The community's stewardship of this resource
culminates in the preservation, projection, enhancement, and management of the
resources for the purpose of providing a quality recreational opportunity for the
citizens of Colorado.
It will have a high demonstration value, providing an example of a community's
stewardship of its water resources while expanding outdoor recreation, wildlife,
and open space opportunities within an urban setting.
It is our hope that HARP is viewed as a unique opportunity to demonstrate how
river habitats restoration, urban open spaces, wildlife enhancement, and
recreational opportunities can truly be an urban experience and a legacy.
Clearly, HARP is not a rural, natural, open lands acquisition project. Its
demonstration and legacy attributes lay in several more complex and urban
issues. Communities throughout the state will soon focus their efforts
increasingly towards providing urban open space opportunities for under - served
populations that cannot and will not travel to outlying rural, natural, and open
lands. HARP represents an urban response to this growing dilema and hopes to
serve as an example for communities throughout the Rocky Mountain region.
IV. LEVERAGING AND PARTNERSHIP
A. Leveraging of Funds:
Secured Funding .
Limited Tax General Obligation Bond
City of Pueblo $12.85 Million
Value of Augmentation
Board of Water Works
Newsletter Contributors
Enterprise Zone Contributions
Potenial Funding
HARP Foundation
$100,000 (Annually)
$ 4,500
$ 1,650
$ 5.0 Million +
HARP began as a regional concept which required initiative, self - organization,
private contributions, and in -kind technical support. Over the years, HARP has
been embraced by the Pueblo region as a project which demonstrates a strong
sense of community participation, public and private partnerships, and
intergovernmental cooperation.
The City of Pueblo will be the primary sponsor for HARP. The City is committed
to providing $12,850,000 in funds generated by the sale of limited tax general
obligations bonds for the construction of the program of which $2,524,000 will
be used as matching funds for the $3,450,000 Legacy Grant request. In -kind
services will also be provided by the City through various means, such as
bidding, surveying, acquisition of needed land parcels, project management,
construction inspection, and maintenance. Total Legacy Project cost is
$5,974,000.
GREAT OUTDOORS COLORADO LEGACYPRojECT
PROJECT BUDGET
3/20/1996
SOURCE AND USE OF FUNDS:
r..
r._. r
tJr_•��,i�l • ? i�N Dig I r
A1 _1C'AN T CASH P/A rR HERS CASH
5 9 5 - 51 9G -6/99 1 5 G/96 -6/99
APPLICANT PARTNERS
ELIGIBLE IN -KIND ELIGIBLE IN -KIND TOTAL
5195 -5/96 6/96 -6199 5/95 -5/96 6/96 -6/99
Open Space
ACqui`;It!on of Water
7/97
S250,0 -
Education.
Rights
Fish, Wildlife, and
Terrestrial Habita
7/97
$103,000
Urban Park / River Greenway
S72,000
Native V cletatio n -_
W!IdIitc% and I nviron
I ri
Urban Park/River
7/96
S1,430,000
7/97
S970,000
Greenway Construction
-
Urban I'aa►k /sliver
- - -
7/91
- -- - - -
S390.000
- - -
$235,000
Greenway Amenities
sub•rot al
-
S 1.820.0GC
— 31.205.000
Trail Development
Lam r1lrurI r'nn jr) ' r':!I
`,f : , ul•1
_•I rail Arnerall,r,•; —: -- - -; c — — 585.00— -- -- -
-
sup ,oral
Wildlife Habitat, Watchable
Stream, Lake, and
Welland
Wildlife,
7/96
S600,000
and Environmental
$217,000
Education.
$402,000
$148,000
Fish, Wildlife, and
Terrestrial Habita
7/97
$103,000
-- - - - - --
S72,000
Native V cletatio n -_
W!IdIitc% and I nviron
I ri
_ _
7/9
_
$2.5_0,000
100.0;!0
5170,000
7/97
568.000
Planning
Mewarct;hl? I'I:an 7/9 S3 0,000 _ S- 20_,0_0_0_
_D and t= rigin 5 /96 S O _ $100.000 __
sub -017, _ $3-.000 $ 1 $20,000
S100,000
$100,0001 1 $350,000
$2,400,000
$625,000
-- — _ $88,000
- -- _ _ - -_ _ $792,000
- $210.000
$365,000
$168,000
$131,000
TOTAL $ 3,450.000 1 $ 188,00 0 I S2.136.000 1 S100 I I I I $100 $5,974.00(
NOTES 1) Figures are based on consultants 1995 coat estimate and have been adjusted for construction inflation.
2) A majority of the allocations will be needed between 7/97 -7/98. The City "could" front a portion of the costs and be reimburse by GOCO in 1998 - 1999..
HISTORIC ARKANSAS RIVERWALK PROJECT
GREAT OUTDOORS COLORADO 'LEGACYPROJECT"
PRIORITIZATION SCENARIOS
3/20/1996
The following is a breakdown of three different scenarios of what will drop out
if the Great Outdoors Colorado Board elects to fund HARP at a less amount
than what is being requested.
100%
75%
50%
The following project
elements will be completed if
100% of the requested fund
are received:
The following project
elements will be completed if
75% of the requested fund
are received:
The following project
elements will be completed if
50% of the requested fund
are received:
Acquisition Of Water Rights
Acquisition Of Water Rights
This allocation will be below
the required minimum
amount necessary to qualify
for a Great Outdoors
"Legacy Project"
Urban Park /River Greenway
Urban Park /River Greenway
Land Acquisition For Trail
Land Acquisition For Trail
Trail Development
Trail Development
Wildlife Habitat
Wildlife Habitat
Watchable Wildlife
Environmental Education
Fisherman Access /Docks
Stewardship Plan