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HomeMy WebLinkAbout09200RESOLUTION N0. 9200 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 FOR THE DESIGN AND THE CONSTRUCTION OF THE BOETTCHER OUTDOOR EDUCATION CENTER 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 herein 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 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. INTRODUCED: January 22, 2001 BY: Robert Schilli Councilperson ATTEST: A 1 Cijerk ` -r ent of the City Coun _1 Maw Background Paper for Proposed Resolution AGENDA ITEM DATE: January 22, 2001 DEPARTMENT: PLANNING & DEVELOPMENT TITLE 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 FOR THE DESIGN AND THE CONSTRUCTION OF THE BOETTCHER OUTDOOR EDUCATION ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. ISSUE Should the City of Pueblo enter into are agreement with the HARP Foundation whereby the Foundation will provide $600,000 to fund the design and construction of the Boettcher Outdoor Education Center in accordance with plans and specifications approved by the City? RECOMMENDATION Approval of this Resolution. BACKGROUND The HARP Foundation has received funds from miscellaneous sources for the completion of the Boettcher Outdoor Education Center project. The project will include the design and construction of improvements including the Pikes Peak Plaza, restrooms, canopy over the existing seating area, light fixtures, educational signage, landscaping, and necessary additional items in accordance with the plans approved by the City. This Resolution provides the necessary agreement for transfer of funds from the HARP Foundation to the City to accomplish said project. FINANCIAL IMPACT There will be no financial impact to the City other than in -kind services provided by the Planning and Public Works Departments for the administration of the design and construction contracts. Per this agreement, the HARP Foundation will fund $600,000 for the design/specifications and construction of the Project. AGREEMENT THIS AGREEMENT is entered into as of January 22, 2001 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 Boettcher Outdoor Education Center which includes Pikes Peak Plaza, restrooms, canopy over the seating area, light fixtures, educational signage, landscaping, and necessary additional items in accordance with plans and specifications approved by the City (the "Project "); and WHERAS, 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 the City entering into the contract for the design and construction of the Project and mutual covenants contained herein, the Foundation and the 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 $600,000 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 $600,000 for the design and 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 nptice 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 Attention: Director of Finance 1 City Hall Place Pueblo, Colorado, 81003 If to the Foundation: The HARP Foundation Attention: President 415 North Grand Avenue Pueblo, Colorado 81003 Or to such other person/address as either party may designate in writing and given to the other party. 2 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. [SEAL] PUEBLO, A MUNICIPAL CORPORATION _ 1 ATTEST: BY: City Clerk President of the City Council APPROVED AS TO FORM: City Attorney [SEAL] THE HARP FOUNDATION P r lRiv ATTEST: Y: min ecre ary resi ent