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HomeMy WebLinkAbout09043RESOLUTION NO. 9043 A RESOLUTION APPROVING ADDENDUM NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT CREATING THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Addendum No. 1 To The Intergovernmental Agreement Creating The Historic Arkansas Riverwalk of Pueblo Authority, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver Addendum No. 1 in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: June 26, 2000 ATTEST: City t&rk By Al Gurule Councilperson AVPV D: President of the City Council JUNE 26, 2000 AGENDA - CITY COUNCIL BACKGROUND MEMORANDUM - RESOLUTION APPROVING ADDENDUM NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT CREATING THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY The attached Resolution approves Addendum No. 1 To The December 1, 1997 Intergovernmental Agreement Creating the Historic Riverwalk of Pueblo Authority which amends the Intergovernmental Agreement as follows: (a) clarifies that the Authority will maintain, renovate, rebuild, replace and insure all public improvements within HARP in order that the Authority may obtain appropriate insurance. (b) increases the potable water supplied for irrigation by the Board of Water Works of Pueblo, Colorado without rates, fees or other charges from 4.5 million gallons to 7.2 million gallons per annum. The Board of Water Works of Pueblo, Colorado has agreed to provide the additional potable water for irrigation purposes without charge and the HARP Authority Council has approved the clarification with respect to insurance. ADDENDUM NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT CREATING THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY This Addendum No. 1 between Pueblo, a Municipal Corporation (the "City "), Pueblo County, Colorado (the "County ") and Pueblo Conservancy District (the "District "), the Board of Water Works of Pueblo, Colorado (the 'Board "), WITNESSETH: RECITALS A. The City, County, District and Board by Intergovernmental Agreement dated December 1, 1997 (the "Intergovernmental Agreement ") established and created a separate legal entity known as the Historic Arkansas Riverwalk of Pueblo Authority (the "Authority ") to promote, manage, supervise, operate, develop and maintain the public project known as the Historic Arkansas Riverwalk of Pueblo (the "HARP "). B. The Intergovernmental Agreement sets forth the powers and duties of the Authority which in part need to be clarified and amended and all parties are willing to amend the Intergovernmental Agreement as hereinafter set forth. AGREEMENT In consideration of the foregoing Recitals and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City, County, District and Board agree as follows: 1. Article III - Powers of the Authority, of the Agreement is hereby amended by the addition of the following new article 3.2 thereto: 3.2 The Authority shall maintain in good repair, and renovate, rebuild, and replace all public improvements within HARP including without limitation, all buildings, structures, waterways, waterfalls, statuary and exhibits, and shall insure upon completion such improvements against damage, injury, loss, theft, malicious mischief and vandalism in amounts not less than their full insurable value. For purposes hereof, "public improvements" include all improvements within HARP that are owned by the City of Pueblo or contracted by, through or for the City of Pueblo or works of art which the City of Pueblo has accepted. Public improvements excludes those owned by a private person or entity. The City agrees to assign to the Authority any warranties provided by contractors or artists for the public improvements covered by this agreement. 2. Article VII - Potable Water, of the Agreement is hereby amended by changing Article 7.4 to read as follows: 4 Article 7.4 Potable Water. Any potable water to be supplied by the Board to the' HARP project will be furnished in accordance with the Board's then existing policies concerning potable water furnished to the City of Pueblo, its parks, buildings or facilities, except as set forth below. For the purposes of the Board's existing policies, the irrigated areas of the HARP project shall be construed to be and shall constitute a park 5 acres and larger. Potable watar supplied for irrigation under Article 7.4 of this Agreement shalt not exceed [4.5] 12 million gallons per annum and shall be supplied by the Board without rates, fees or other charges. Potable water shall be supplied from existing Board mains, and the Board shall not be responsible for extending said mains or service tines at its cost. Any such casts of extended mains or service tines shall be at the expense of the HARP project. Potable water use shall be metered and monitored by the City in the same manner as water furnished to City parks. 3. The Intergovernmental Agreement as amended by paragraphs I and 2 above shall remain in effect, binding upon and inuring to the benefit of the parties hereto,, the Authority and HARP Council. 4. This AddendumNo. I may be executed in any number of counterparts, each of which, when so executed and delivered, shalt be an original, but such counterparts shalt together constitute but one and the same agreement. Executed in Pueblo, Colorado as of the day year first above written. "_ 1 A; � ors lZ01 ` t . "_ lar Attest: PUEBLO, A CIPAL COITRAIION Ba �{`11 of the city Council t� Attest: -_ JLC.....s.u��orR City PUEBLO CONSERVANCY DISTRICT' BY: lift. .. Attest: 'F Zd.A l ,M n Mile: S Approved as to form: 1 T - 1 -7 1 7A an BOARD OF WATER WORK OF PUEBLO, COLORADO By: Attu: P+K A 12 7M. l'. tA,