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Home My WebLink About09291RESOLUTION NO. 9291 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 STATE HISTORICAL FUND GRANT 99 -P2 -01.01 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 May 14, 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 $100,000 shall be available as per the Agreement with the Southeastern Colorado Heritage Center, dated May 14, 2001. SECTION 4: This resolution shall become effective upon final passage INTRODUCED: MAY 14. 2001 a r\ ATTEST: ,,, CITY CLERK L) �u �� LD Background Paper for Proposed RESOLUTION AGENDA ITEM # , DATE: MAY 14, 2001 DEPARTMENT: PLANNING AND DEVELOPMENT TITLE 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 STATE HISTORICAL FUND GRANT 99 -P2 -01.01 RELATING TO THE D &RGW FREIGHT STATION PROJECT, AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an Agreement between the City of Pueblo and the Southeastern Colorado Heritage Center providing a grant match in the amount of $100,000 from the Colorado Department of Transportation Project STE M086 -029 to match $200,000 from the State Historical Fund Grant 99 -P2- 010 -01.01 received by the Southeastern Heritage Center relating to the D &RGW Freight Station project? RECOMMENDATION Approval of Resolution BACKGROUND The D &RGW Freight Station project is located at the corner of West `B" Street and Victoria Avenue within the Union Avenue Historic Business Zone District. This project is multi - phased. This phase will involve the restoration and rehabilitation of the building. The Scope of Work includes: clean interior and exterior masonry; in -fill and insolate loading door openings; restore windows; install a vestibule at entrance; and extend AGREEMENT THIS AGREEMENT entered into as of May 14, 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 entered 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 make available funds in the amount of $100,000 for the D &RGW Freight Station Project. B. Heritage Center anticipates receiving 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 performed certain work associated with the D &RGW Freight Station Project. C. City is willing to provide $100,000 as matching funds to Heritage Center for the D &RGW Freight Station Project from funds available under the CDOT Contract. D. Heritage Center is willing to proceed with its responsibilities for the D &RGW Freight Station Project if $100,000 of the CDOT Contract funds are 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 receipt of Grant funds in the amount of $200,000, and Heritage center making same 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 and Exhibit A to the Grant. 2. Subject only to award of the Grant, Heritage Center represents and warrants that $200,000 of the Grant funds will be made available to City for the D &RGW Freight Station Project under the terms and conditions of the Grant and CDOT Contract. Heritage Center shall immediately notify City of the award of the Grant. 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 $100,000 of Grant funds payable to Heritage Center under the Grant. Upon receipt of such funds, Heritage Center shall immediately pay same to such payees as may be directed by City. utilities into vacant section of building. The proposed phase of construction will complete the freight station section of the building as a storage use code classification. Future use of the building is planned for a majority of museum exhibits, classroom/meeting space, collections/ conservatory, and restrooms. According to the Lease Agreement with the Heritage Center, the building will be in good and satisfactory condition prior to possession by the Tenant. The use of the building will be limited until a building code use re- classification is made with any future improvements. Currently the City is responsible for insurance, liability, and maintenance of this section of the building and will be until possession is taken by the Tenant. The City of Pueblo has entered into a Transportation Enhancement Contract with the Colorado Department of Transportation for $100,000 for the D &RGW Freight Station project. The Southeastern Colorado Heritage Center, SCHC has or will enter into an Agreement for Phase I1, to receive funds in the amount of $200,000 from the State Historical Fund for rehabilitation activities for the City owned D &RGW Freight Station. The total project amount will be $300,000. This Agreement requires the City of Pueblo to provide the local match of $100,000 from the City's Transportation Enhancement Contract for work to be performed at the D &RGW Freight Station. The Department of Planning and Development will perform the project administration required by the grant. The SCHC will pay to the Contractors for the work performed upon approval of the City. The State Historical Fund monies will not be received as revenue by the City. The Southeastern Colorado Heritage Center has taken possession of the front section of the building and will be actively engaged in fund raising the remainder of the project. FINANCIAL IMPACT The City's Transportation Enhancement Contract STE M086 -029 in the amount of $100,000 will be available to match the Heritage Center's State Historical Fund Grant in the amount of $200,000. The City and Heritage Center will make payments to the selected contractors for services. The State Historical Fund monies will not be received as revenue by the City. 3. City will direct the expenditure of the $200,000 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. 6. This Agreement is not intended to supersede or modify the Agreement between the parties dated March 26, 2001. Signed at Pueblo, Colorado the day and year first above written. [SEAL] Attest: yam ` �i Cit Jerk PUEBLO, A MUNICIPAL CORPORATION I t [SEAL] Attest: Secret ?/Y SOUTHEASTERN COLORADO HERITAGE CENTER / Presiden F: \CITY\PLANNING\ FREIGHT \HERITGCN \D &RGW\AGRMNT2.W PD