HomeMy WebLinkAbout8714RESOLUTION NO. 8714
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
HARP FOUNDATION, A COLORADO CHARITABLE NONPROFIT
CORPORATION, REGARDING COMMITMENT OF FUNDS TO
DESIGN AND CONSTRUCT LAKE ELIZABETH PROMENADE
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 the 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 from the Foundation will design and construct the
Lake Elizabeth Promenade, install light bases and conduit, and
relocate electrical transmission lines in accordance with plans and
specificatons approved by the City.
INTRODUCED: May 24 , 1999
BY: Al Guru 1 e
COUNCIX
ERSON
APPRO D j
ATTEST:
CITY CLERK
PRESI
r% A111k:I A IyANAw
Department:
PLANNING & DEVELOPMENT Date:
MAY 24, 1999
ISSUE
Should the City of Pueblo enter into an agreement with the HARP
Foundation for $500,000 to fund the design and construction of the
Lake Elizabeth Promenade, install light bases and conduit, and
relocate electrical transmission lines in accordance with plans and
specificatons approved by the City.
BACKGROUND
The HARP Foundation has received funds from the Coors Foundation
and other miscellaneous sources. These funds are to be used to
fund the construction of Lake Elizabeth Promenade. From a
construction phasing and cost standpoint, it makes sense to
construct the Lake Elizabeth Promenade as a part of the current
Historic Arkansas Riverwalk of Pueblo (HARP) Phase II contract.
This can be accomplished through a Contract Change Order. Houston
Construction is the contractor for Phase II.
RECOMMENDATION
Entering into this agreement
$500,000 in Foundation funds
Elizabeth Promenade.
with the HARP Foundation will commit
and make them available for the Lake
CD
AGREEMENT
THIS AGREEMENT is entered into as of May 24, 1999, 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 desires to design and construct the Lake
Elizabeth Promenade, install light bases and conduit, and relocate
electrical transmission lines in accordance with plans and
specificatons approved by the city (the "Project "); and
WHEREAS, Foundation funds are necessary for the City to
design and construct the project and will be commited for such
purposes prior to City engtering into contract for the construciton
of the Project.
NOW, THEREFORE, in consideration of City entering into the
contract for the construction of the Project and muutual covenants
contained herein, Foundation and City agree as follows:.
1. 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
is required for the design, construction, and installation of the
Project.
(d) Foundation has funds in the amount of $500,000
committed and available from sources which can be used for the
design, construction, and installation of the Project ( "Foundation
Funds") .
2. Foundation shall pay and disburse Foundation Funds in
an amount not to exceed $500,000 for the construction of the Project
as requested and directed by the City's Director of Finance within
thirty (30) days after written request therefor from City's Director
of Finance.
3. 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, 415 North
Grand Avenue, Pueblo, Colorado 81003, Attention: President;
or to such other address as either party may designate in writing
given to the other party.
5. 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.
S E A L] PUEBLO, A ICIPAL C PORATION
R
T 1
ATTEST : BY : -
City lerk President of the City Council
APPROVED AS TO FORM:
City Att n
[S E :A L1 THE HARP FOUNDATION
ATTEST:
Se etary President