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HomeMy WebLinkAbout09357RESOLUTION NO. 9357 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HARP FOUNDATION, A COLORADO CHARITABLE NONPROFIT CORPORATION, REGARDING THE RECIPIENT SHARE OF THE COST FOR ECONOMIC DEVELOPMENT ADMINISTRATION FINANCIAL ASSISTANCE AWARD NO. 05 -01 -03654 TO CONSTRUCT SITE IMPROVEMENTS AT THE EL PUEBLO PLAZA, HEADWATERS FOUNTAIN, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SF,CTT0N 1 The Agreement dated July 30, 2001, 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, having been approved as to form by the City Attorney, is hereby approved. SF,CT10N ? The President of City Council is hereby authorized to execute and deliver the Agreement in the name of and 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. SFCTION I Funding assistance received as a result of this agent will be a portion for the recipients' share of the Economic Development Administration Financial Assistance Award No. 05 -01- 03654. ATTESTED BIB: INTRODUCED: August 13, 2001 o. 93,5 Background Paper for Proposed RESOLUTION AGENDA ITEM # I'D DATE: AUGUST 13, 2001 DEPARTMENT: PLANNING AND 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 THE RECIPIENT SHARE OF THE COST FOR ECONOMIC DEVELOPMENT ADMINISTRATION FINANCIAL ASSISTANCE AWARD NO. 05 -01 -03654 TO CONSTRUCT SITE IMPROVEMENTS AT THE EL PUEBLO PLAZA, HEADWATERS FOUNTAIN, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve an agreement with the HARP Foundation regarding the recipient share of the cost for an EDA grant to construct site improvements at the El Pueblo Plaza, Headwaters Fountain, and authorize the President of City Council to execute the Agreement? RECOMMENDATION Approval of Resolution BACKGROUND The City has made application for financial assistance to the Economic Development Administration in the amount of $600,000 for the completion of the El Pueblo Plaza and Headwaters Fountain projects. (See attached plan) The recipient (City of Pueblo) share of the Financial Award is in the amount of $705,500 for a total grant project budget of $1,305,500. This Agreement with the HARP Foundation will secure a portion of the recipient share in the amount of $105,500 of which are private contributions. The remaining $600,000 of the recipient share will count for the acquisition of 215 North Victoria Avenue scheduled to take place this fall. The City of Pueblo's responsibility will be addressed in the proceeding Resolution and Agreement for the EDA Financial Award. FINANCIAL IMPACT This Agreement with the HARP Foundation for $105,500 provides a portion of the City of Pueblo's share of the Economic Development Administration Financial Assistance Award 05 -01- 03654. The remaining recipient share in the amount of $600,000 is available in Account CP0023, No. 401- 0000 - 600 -70 -10 and has been allocated for the acquisition of the property at 215 N. Victoria Avenue per Resolution # 9350. The total recipient share is $705,500. AGREEMENT THIS AGREEMENT is entered into as of July 30, 2001, between Pueblo, a Municipal Corporation (the "City "), and the HARP Foundation, a Colorado Charitable 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 the HARP; and WHEREAS, the City has received an Economic Development Administration Financial Assistance Award No. 05 -01 -03654 for $600,000 (the "Award ") for the construction of the El Pueblo Plaza Project site improvements, including the Headwaters Fountain; and WHEREAS, as a condition of the Award, the City must certify that the $705,500 non- federal share of Project costs is committed and available as needed for the Project; and WHEREAS, Foundation funds in the amount of $105,500 are necessary for the City to make such certification. NOW, THEREFORE, in consideration of the City accepting the Award, and the following mutual covenants contained herein, the City and the Foundation 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 El Pueblo Plaza Project, Headwaters Fountain improvements, are and that same are required to be constructed and installed for the Project. (d) Foundation has funds in the amount of $105,500 committed and available from sources, which can be used as match for the Award for the construction and installation of the Headwaters Fountain improvements, required to be constructed and installed as part of the Project ( "Foundation Funds "). 2. Foundation shall pay and disburse Foundation Funds in the amount of $105,500 as needed by the City to the person or entity designated by the Assistant City Manager for Fiscal Operations within thirty (30) days after written request therefor from City. 3. Any notice 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, 1 City Hall Place, Pueblo, Colorado. Attention Assistant City Manager for Fiscal Operations. If to Foundation: The HARP Foundation, 415 North Grand Avenue, Pueblo, Colorado 81003, Attention: President; or to such other address as either party may designate in writing given to the other party. 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. [S E A L] PUEBLO, A MUNICIPAL CORPORATION ATTEST: ,` L, BY City k APPROVED AS TO FORM: City Atto�ey [S E A L] THE HARP FOUNDATION ATTEST (/(, BY /�� 0 4re Preside t