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