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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