HomeMy WebLinkAbout8543RESOLUTION NO. 8543
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A.
MUNICIPAL CORPORATION, AND THE HARP FOUNDATION, A COLORADO
CHARITABLE NONPROFIT CORPORATION, REGARDING THE RECIPIENT SHARE OF
THE COST FOR ECONOMIC DEVELOPMENT ADMINISTRATION AMENDMENT TO
FINANCIAL . ASSISTANCE AWARD NO. 05 -01 -02935 TO CONSTRUCT
INFRASTRUCTURE IMPROVEMENTS ON THE HISTORIC ARKANSAS RIVERWALK OF
PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1
An agreement between the City of Pueblo, a Municipal Corporation, and the HARP
Foundation, a Colorado Charitable Nonprofit Corporation, a copy of which is attached and
incorporated and having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2
The President of City Council is hereby authorized to execute and deliver said
contract 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
Funding assistance received as a result of this contract will be a portion of the
recipients' share of the Economic Development Administration amendment to Financial
Assistance Award No. 05 -01- 02935.
INTRODUCED October 13, 1998
BY: Robert Schilling
Councilperson
APPROVED.
President O e C until
ATTEST:
N.. -- _ it --"
RESOLUTION NO 8543
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND THE HARP FOUNDATION,
A COLORADO CHARITABLE NONPROFIT CORPORATION, REGARDING
THE RECIPIENT SHARE OF THE COST FOR ECONOMIC DEVELOPMENT
ADMINISTRATION AMENDMENT TO FINANCIAL ASSISTANCE AWARD
NO. 05 -01 -02935 TO CONSTRUCT INFRASTRUCTURE IMPROVEMENTS
ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
Section 1•
An agreement between the City of Pueblo, a Municipal
Corporation, and the HARP Foundation, a Colorado Charitable Nonprofit
Corporation, a copy of which is attached and incorporated and having been
approved as to form by the City Attorney, is hereby approved.
Section 2:
The President of City Council is hereby authorized to execute
and deliver said contract 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:
Funding assistance received as a result of this contract will
be a portion of the recipients' share of the Economic Development
Administration amendment to Financial Assistance Award No. 05 -01- 02935.
ATT ST: �
ITY CLERK
INTRODUCED: October 13, 1998
BY: Robert Schilling
COUNCILPERSON
APPRgVED :
diet��t/
PRESIDENT U CITY/COUNCIL
a
AGREEMENT
THIS AGREEMENT entered into as of October 1, 1998 between Pueblo, a municipal
corporation (the "City ") and The HARP Foundation, a Colorado nonprofit corporation (the
"Foundation ").
WHEREAS, the Foundation has funds committed and available to it for the purpose of
assisting in the development and construction of HARP, and
WHEREAS, the City has received an Economic Development Administration Financial
Assistance Award No.05 -01 -02935 for $1.2 Million Dollars (the "Award ") for the construction of
infrastructure improvements at the HARP site (the "Project "), and
WHEREAS, as a condition of the Award the City must certify that the $1,878,000 non - federal
share of Project costs is committed and available as needed for the Project, and
WHEREAS, Foundation funds are necessary for City to make such certification.
NOW, THEREFORE, in consideration of City accepting the Award, and the following mutual
covenants contained herein, City and Foundation agree as follows:
Foundation warrants and represents that:
(a) Foundation is duly organized and validly existing in good standing under the
laws of the State of Colorado, has all necessary powers and authority to enter into and perform the
covenants and agreements on its part to be performed in this Agreement, and by proper action has
duly authorized the execution and delivery of this Agreement.
(b) This Agreement constitutes a legal, valid and binding obligation of Foundation
enforceable in accordance with its terms.
(c) Foundation is familiar with and understands what HARP infrastructure
improvements are required to be constructed and installed for the Project.
(d) Foundation has funds in the amount of $1,628,000 committed and available
from sources which can be used as match for the Award for the construction and installation of
portions of the HARP infrastructure improvements required to be constructed and installed for the
Project ( "Foundation Funds ").
2. Foundation shall pay and disburse Foundation Funds in an amount not less than
$1,628,000 as needed by the City to City's Director of Finance within thirty (30) days after written
request therefor from City.
3. If Foundation Funds are restricted by donors to specific portions of the HARP
infrastructure improvements to be constructed and installed as part of the Project, Foundation shall
so notify City in writing describing the specific HARP infrastructure improvements for the Project
and the restricted funds available therefor. City will only use such restricted Foundation Funds for
the construction and installation of those specific portions of the HARP infrastructure improvements
so described by Foundation.
4. Any notice required or permitted to be given under this Agreement shall be deemed
given when delivered or mailed certified mail, postage prepaid, as follows:
If to City: City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, Attention:
Director of Finance
If to Foundation: The HARP Foundation, 201 South Victoria, Pueblo, Colorado
81003, Attention: President
, or to such other address as either party may designate in writing given to the other party.
5. The Agreement between City and Foundation dated August 10, 1998 is hereby
canceled and superseded by this Agreement.
6. This Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
Executed at Pueblo, Colorado as of the day and year first above written.
[SEAL]
ATTEST:
City Cbrk
APPROVED AS TO FORM:
City Attorney
[SEAL]
PUEBLO, A MUNICIPAL CORPORATION
By , ' 1?1 J44�
President o t e City , ouncil
THE HARP FOUNDATION
ATTEST: By ,
Secretary esident
-2-
TION, AMENDMENT TO FINANCIAL ASSISTANCE AWARD NO. 05 -01- 02935, TO CONSTRUCT INFRASTRUCTURE IMPROVEMENTS ON THE HISTORIC
Title ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE PRESIDENT.OF Agenda Item # _ i9 A
CITY COUNCIL TO EXECUTE SAME
Department: PLANNING & DEVELOPMENT Date: OCTOBER 13, 1998
ISSUE Should the City of Pueblo enter into an agreement with
the HARP Foundation for $ 1,878,000. This money will
serve as a portion of the recipient match for the $1.2
million EDA grant.
BACKGROUND The HARP Foundation has received funds from the El
Pomar Foundation, the Coors Foundation, and other
miscellaneous sources. These funds are to be used to
fund the Amphitheater and Grand Entryway, the Boat-
house facility, and streetscapes. The scope of these
projects is similar to the infrastructure project to be
funded by EDA. The HARP Foundation and the various
donors to the HARP Foundation have agreed to allow
the Foundation to bundle its entire project with the EDA
Project. The City has received an amendment to EDA
Financial Assistance Award No. 05 -01 -02935 which
allows us to accomplish this. We are, therefore, able to
use all of the HARP Foundation's money as a match.
For the City to comply with Paragraph 5 of the Special
Conditions of the Economic Development Administration
of the Financial Assistance Award No. 05 -01- 02935, the
City must certify that the non- federal share of the
projects' costs is committed and is available as needed
for the project.
RECOMMENDATION Entering into this agreement with the HARP Foundation
will commit the Foundation's funds and make them
available for the EDA match.