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HomeMy WebLinkAbout8820RESOLUTION NO. 8820 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HARP FOUN- DATION, A COLORADO NONPROFIT CORPORATION, REGARDING COMMITMENT OF FUNDS TO DESIGN AND CONSTRUCT THE HISTORIC ARKANSAS RIVER INTERPRETIVE FLOODWALL 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 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 provide the local match in the amount of $35,000 for State of Colorado, Colorado Historical Society Grant #98- 02 -046, Historic Arkansas River Interpretive Floodwall. INTRODUCED: OCTOBER 12, 1999 BY Robert Schillinc COUNCIL PERSON APPROV D C PRESIDENT OF THE CITY COUNCIL ATTEST: All, ^,a%,■ ■�mih,i■ A /r Aft sift AA L VLIURPPMOV41fAPA&%&aBETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORA- TION, AND THE HARP FOUNDATION, A COLORADO NONPROFIT CORPORATION, REGARDING COMMIT- MENT OF FUNDS TO DESIGN AND CONSTRUCT THE HISTORIC ARKANSAS RIVER INTERPRETIVE FLOOD - WALL ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND UTHOR IN THE P ESIDENT OF Title CITY COUNCIL TO EXECUTE SAME gen a em Department PLANNING AND DEVELOPMENT Date OCTOBER 12, 1999 ISSUE Should the City of Pueblo enter into an agreement with the HARP Foundation committing $35,000 in HARP Foundation funds to match the $26,000 the City has received from the State Historical Funds to construct the Arkansas River Interpretive Floodwall. BACKGROUND On August 9, 1999, the City of Pueblo entered into a contract with the State Historical Fund (SHF) to receive $26,000 toward the construction of the Arkansas River Interpretive Floodwall. The project includes three major elements: (1) a contemporary interpre- tation of the Historic Arkansas River; (2) interpretive signs of various sizes which will be attached to the Floodwall; and (3) a carved brick interpretive story wall. The content for interpretation will consist of early exploration along the Arkansas River, regional context of the international boundary for El Pueblo National Register site; and the dynamic relationship between the river and the development of the Union Avenue National Register District including the June 3, 1921 Flood. It will be located on the south side of the Riverwalk between Union and Victoria Avenues. Under the contract with the SHF, the City's match is only $25,000. The Foundation has agreed to commit an additional $10,000 to further enhance the project. These funds will come from the Bonfils- Stanton Foundation. An in -kind gift of brick or tile from Summit Brick (Welte family) and $10,000 in unrestricted funds. RECOMMENDATION Entering into this agrement with the HARP Foundation will commit the $35,000 match for the State Historic Fund Grant and set forth the terms for payment of funds to the City. The Foundation, at its September 27, 1999, meeting, authorized its chairperson to sign the agreement subject to review by its legal counsel, Pat O' Callahan. 100111M I MCI 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 City desires to design and construct the Historic Arkansas River Interpretive Floodwall, in accordance with plans and specifications approved by the City (the "project "); and WHEREAS, the City has secured a grant in the amount of $26,000 from the State Historical Fund, Project No. 98 -02 -046, Arkansas River Interpretive Floodwall; and WHEREAS, the Foundation has secured a grant from the Bonfils- Stanton Foundation of Denver for $35,000 and has committed an additional $10,000 in non - restricting Foundation funds to use as local match money for State Historical Fund Grant, Project No. 98 -02 -046, Arkansas River Interpretive Floodwall; and WHEREAS, Foundation funds are necessary for the City to design and construct the project and will be committed for such purposes prior to City entering into contract for the construction of the Project. NOW, THEREFORE, in consideration of City entering into the contract for the design and construction of the project and mutual covenants contained herein, Foundation and City agree as follows: 1. Fountain warrants and represents that: 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 part to be performed in this Agreement; and by proper action has duly authorized the execution and delivery of this Agreement. (b) This Agrement 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 $35,000 committed and available from sources which can be used for the design and construction of the Project ( "Foundation Funds "). 2. Foundation shall pay and disburse Foundation Funds in an amount not to exceed $35,000 for the construction of the Project as requested and directed by the City's Director of Finance within thirty (30) days after written request 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 parry 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] ATTEST: ity Clerk APPROVED AS TO FORM: City orney [SE'AQ ATTEST: y Secretary PUEBLO, A MUNICIPAL CORPORATION PRESIDENT OF THE CITY COUNCIL THE HARP FOUNDATION ,/ f P ESI NT