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HomeMy WebLinkAbout09248RESOLUTION NO. 9248 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE SOUTHEASTERN COLORADO HERITAGE CENTER, A COLORADO NONPROFIT CORPORATION, PROVIDING A GRANT MATCH FOR THE COLORADO DEPARTMENT OF TRANSPORTATION PROJECT STE M086 -029 RELATING TO THE D &RGW FREIGHT STATION PROJECT, AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An Agreement dated March 26, 2001, between the City of Pueblo, a Municipal Corporation, and the Southeastern Colorado Heritage Center, a Colorado Nonprofit Corporation, of which a copy is attached hereto and on file at the office of the City Clerk, 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 Funds for local grant match in the amount of $25,000 shall be available as per the Agreement with the Southeastern Colorado Heritage Center, dated March 26, 2001. SECTION 4: This resolution shall become effective upon final passage. INTRODUCED: MARCH 26, 2001 BY Rich Golenda FA . " :Z #Pl�7ii �� AGREEMENT THIS AGREEMENT entered into as of March 26 , 2001, between Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003, (the "City ") and Southeastern Colorado Heritage Center, a Colorado nonprofit corporation, 201 West "B" Street, Pueblo, Colorado, 81003 (the "Heritage Center "), WITNESSETH: Recitals A. City has or will enter into a Transportation Enhanced Contract with the Colorado Department of Transportation (the "CDOT Contract ") for Project STE MO86 -029, 12944 with respect to the restoration of the D &RGW freight station (the "D &RGW Freight Station Project ") whereby the Colorado Department of Transportation will snake available ftuids in the amount of $100,000 for the D &RGW Freight Station Project. B. Heritage Center has received a grant of $200,000 identified as State Historical Grant No. 99 -P2- 010 -01.01 (the "Grant ") and Heritage Center has entered into a contract with the State of Colorado ( "Heritage Center Contract ") under which it agrees to perform or cause to be perfonned certain work associated with the D &RGW Freight Station Project. C. Heritage Center is willing to provide $25,000 as matching fiends to City for the D &RGW Freight Station Project from its Grant. D. City is willing to proceed with the D &RGW Freight Station Project if $25,000 of Heritage Center's Grant is made available for such purpose. NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Heritage Center agree as follows: 1. Subject to Heritage Center's Grant fiends in the amount of $25,000 being made available as provided in this Agreement, City will cause to be undertaken the performance and completion of the D &RGW Freight Station Project as set forth and described in Exhibit "A" to the CDOT Contract. 2. Heritage Center represents and warrants that $25,000 of the Grant ftinds are available and will be made available to City for the D &RGW Freight Station Project under the terms and conditions of the Grant and Heritage Center Contract. As often as reasonably necessary during the performance of the D &RGW Freight Station Project, and upon completion of same, Heritage Center shall expeditiously process, sign and submit to the State Historical Society, complete with all certifications and assurances, periodic and final payment requests to receive $25,000 Grant funds payable to Heritage Center under the Grant and Heritage Center Contract. Upon receipt of such funds, Heritage Center shall immediately pay same to such payees as may be directed by City. City will direct the expenditure of the $25,000 Grant funds received by Heritage Center solely for the performance of the D &RGW Freight Station Project. 4. Any notice or communication required to be given under this Agreement shall be deemed given if served personally or mailed by first class mail, postage prepaid, to either party at such party's address shown on page 1 of this Agreement or such other address as either party may specify in writing given to the other party. 5. This Agreement shall be binding upon and inure to the benefit of City and Heritage Center and their respective successors and assigns, provided Heritage Center may not as assign this Agreement or any of their rights hereunder without the prior written consent of the City. Signed at Pueblo, Colorado the day and year first above written. [SEAL] MUNICIPAL CORPORATION Attest: ��11 By 1. All City 8rl-' resi nt of the City Council [SEAL] UTHEASTERN COLORADO HERITAGE CENTER Attest:�� vL By Secretary.' President