HomeMy WebLinkAbout8819RESOLUTION NO. 8819
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE
HARP FOUNDATION, A COLORADO NONPROFIT CORPORATION,
REGARDING COMMITMENT OF FUNDS TO CONSTRUCT THE
PHYSICIANS' FOUNTAIN ON THE HISTORIC ARKANSAS RIVER -
WALK OF PUEBLO AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL 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
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
Funding assistance received as a result of this agreement will be used to pay for
the Physicians Fountain improvements included within the construction contract for the Historic
Arkansas Riverwalk Project, Phase II -B, EDA Project #05 -01 -0235.
INTRODUCED: OCTOBER 12, 1999
BY: Rich Golenda
COUNCIL PERSON
APPROVED:
P SIDENT OF THE CITY COUNCIL
ATTEST:
• CITY CLERK
mb, w w�a, i I A on A M A w
V A4tKiA kPP'1t0AWA BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORA-
TION, AND THE HARP FOUNDATION, A COLORADO NONPROFIT CORPORATION, REGARDING COMMIT-
MENT OF FUNDS TO CONSTRUCT THE PHYSICIANS' FOUNTAIN ON THE HISTORIC ARKANSAS RIVERWALK
Title OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCI ends Item # L '
TO EXECUTE SAME. 9
Department PLANNING AND DEVELOPMENT Date OCTOBER 12, 1999
ISSUE Should the City of Pueblo enter into an agreement with the
HARP Foundation for $150,000 to fund the construction of the
Physicians' Fountain on the Historic Arkansas Riverwalk of
Pueblo.
BACKGROUND The Physicians Fountain is a water feature found on the Novem-
ber 26, 1999, HARP Program document, and is located on the
north side of the Channel between Union Avenue and South Main
Street within the El Pueblo Plaza. It is an interactive water
feature that can be turned off during public events held on the
Plaza. Funding for the Fountain was raised by the Foundation
from the Pueblo Medical community. The construction of the
fountain is included within the HARP Phase II Bid package
recently awarded to GMG, Inc. The Board of Water Works will
provide the water for the Fountain based upon the intergovernmen-
tal agreement.
RECOMMENDATION City Council should approve the attached agrement which commits
the Foundation to fund the $150,000 necessary to construct the
fountain and sets forth the terms of payment.
The Foundation, at its September 27, 1999, meeting, authorized
their chairperson to sign the agreement subject to review by its
legal counsel, Pat O' Callahan.
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AGREEMENT
THIS AGREEMENT is entered into as of September 27, 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 construct the Physicians' Fountain in accordance with
schematic plans approved by the City (the "Project "); and
WHEREAS, Foundation funds are necessary for the City to construct the project as part
of the Historic Arkansas Riverwalk Project, Phase II -B, EDA Project No. 05 -01 -0235.
NOW, THEREFORE, in consideration of City entering into the contract for construction
of the project and mutual covenants contained herein, Foundation and City agree as follows:
1. Fountain 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 the
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 $150,000 committed and available
from sources which can be used for the design of the Project ( "Foundation
Funds ").
2. Foundation shall
pay and disburse Foundation Funds in
an amount
not to exceed
$40,800 for the
design and engineering and $2,000 for
soils tests
as requested and
directed by the
City's Director of Finance within thirty
(30) days
after written
request therefore 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 by certified mail, postage prepaid, as follows:
If to City: City of Pueblo; 1 City Hall Place; Pueblo, Colorado; Attention: Director
of Finance;
If to Foundation: The HARP Foundation; 515 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.
4. 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] PUEB J / t O A MU I AL CORPORATION
ATT S T • I v l
L � l �/�..
City Clerk PRESIDENT OF THE CITY COUNCIL
APPROVED AS TO FORM:
City'
[S E A L]
ATTEST:
Secretary
THE HARP FOUNDATION
/ f
PRCSIDENT