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
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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