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HomeMy WebLinkAbout09622RESOLUTION NO. 9622 A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HARP FOUNDATION, A COLORADO CHARITABLE NONPROFIT CORPORATION, REGARDING COMMITMENT OF FUNDS FOR THE DESIGN AND ENGINEERING OF PHASE III 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 PUEBLO, 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: June 10, 2002 BY: Al Gurule ;7--.: ERSON APPROVED: a_"� PRESIDENT OF CITY COUNCIL 1 li CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # I DATE: JUNE 1C, 2CC2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE HARP FOUNDATION, A COLORADO CHARITABLE NONPROFIT CORPORATION, REGARDING COMMITMENT OF FUNDS FOR THE DESIGN AND ENGINEERING OF PHASE III ON THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council enter into an agreement with the HARP Foundation whereby the Foundation will provide $100,000 to fund the preliminary design and engineering of Phase III on the Historic Arkansas Riverwalk of Pueblo (HARP) project? RECOMMENDATION Approval of this Resolution. BACKGROUND The HARP Foundation has funds in the amount of $100,000 for developing the preliminary design and engineering plans for Phase III of the HARP extension to the Pueblo Convention Center. The design will determine the layout of the river channel as it will pass behind the Police Station and connect with the future expansion of the convention center. The City will approve the design and engineering of the project. As part of the agreement, the HARP Foundation requests that the City relocate the Municipal Courts operation by December 2003 and the City is requesting that the HARP Foundation have the funds to begin construction prior to this date. This Resolution provides the necessary agreement for transfer of funds from the HARP Foundation to the City to accomplish said project. FINANCIAL IMPACT The Planning and Public Works Departments will provide necessary services in administrating and reviewing of the design. Per this agreement, the HARP Foundation will fund $100,000 for the development of the Preliminary Design and Engineering plans for Phase III of HARP. As per the agreement, the City Council will need to relocate the Municipal Court operation at an estimated cost of $60,000 annually, which will not be funded as part of this project. The relocation cost of $60,000 does not include the initial remodeling cost at a new space or moving cost. J peg`' ik g62,2-, AGREEMENT THIS AGREEMENT is entered into as of June 10, 2002 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 Historic Arkansas Riverwalk of Pueblo (HARP); and WHEREAS, the City desires to design and engineer the HARP - Phase III, which includes developing the schematic plans, master plan, survey and construction documents necessary for extending the HARP water channel to the proposed expansion of the Convention Center, and necessary additional items in accordance with plans and specifications approved by the City (the "Project "); and WHEREAS, Foundation funds are necessary for the City to begin design and engineering of the Project and must be committed for such purposes prior to City entering into a contract for the design and engineering of the Project; NOW, THEREFORE, in consideration of the City entering into the contract for the design and engineering 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 and engineering of the Project. (d) Foundation has funds in the amount of $100,000 committed and available from sources which can be used for the design of the Project ( "Foundation Funds "). 2. Foundation shall pay and disburse Foundation Funds in an amount not to exceed $100,000 for the design 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. The City commits to relocating the municipal court at the later of (i) December 31, 2003, or (ii) thirty (30) days prior to the commencement of construction of the HARP - Phase III Project, subject to and contingent upon (a) funds for purposes of such relocation being appropriated, budgeted and otherwise made available and (b) the Foundation certify in writing to City that adequate funds for the construction of the HARP - Phase III Project are or will be available. 4. Any notice required or permitted to be given under this Agreement shall be deeded 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. 5. 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 ATTEST: BY: ty Clerk President of the City Council APPROVED AS TO FORM: City A& e THE ARP FOUNDATION ATTES' -ri - (� BY: Se etary President