Loading...
HomeMy WebLinkAbout09943 RESOLUTION NO. 9943 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 PREPARING THE DESIGN DEVELOPMENT PLANS FOR 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 September 8, 2003 BY Al Gurule Councilperson APPROVED: ~ President of City Council ATTEST: City~rk Background Paper for Proposed RESOLUTION AGENDA ITEM # ~ DATE: SEPTEMBER 8, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT/JIM MUNCH PLANNING DEPARTMENT/CATHY GREEN 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 PREPARING THE DESIGN DEVELOPMENT PLANS FOR 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 $247,000 to fund the design development plans for 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 $247,000 for preparing the design development plans for Phase III of the HARP extension to the Pueblo Convention Center. The design will determine the final 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 and the City is requesting that the HARP Foundation have the funds to begin channel construction prior to this date. Others will fund demolition of the existing Courts building. 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 $247,000 for the preparation of the Design Development plans for Phase III of HARP. As per the agreement, the City Council will need to relocate the Municipal Court operation. The temporary relocation is estimated that it could cost $60,000 annually, which will not be funded as part of this project. The temporary relocation cost of $60,000 does not include the initial remodeling cost at a new space or moving cost. AGREEMENT THIS AGREEMENT is entered into as of September 8, 2003 between Pueblo, a municipal corporation (the "City"), and the HARP Foundation, a Colorado nonprofit corporation (the "Foundation"). WHEREAS, the Historic Arkansas Riverwalk of Pueblo (HARP) Authority, as managing entity for the HARP, has requested funding in the amount of $247,000 be made available for the purpose of Design Development for HARP - Phase III; and WHEREAS, the Foundation has funds committed and available to it for the purpose of assisting in the development and construction of HARP; and WHEREAS, the City desires to complete the design development of the HARP - Phase III, which is necessary for extending the HARP water channel to the proposed expansion of the Convention Center, including any necessary items in accordance with plans and specifications approved by the City (the "Project"); and WHEREAS, Foundation funds are necessary for the City to develop final design development of the Project and must be committexl for such purposes prior to City entering into a contract for the design and engineering of the Project; and WHEREAS, it is the City's intent that when coustmcfion of the HARP - Phase III Project begins, the Municipal Courts operation will be relocat~l. 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 Page 1 of 3 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. CO) 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 $247,000 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 $247,000 for the design development 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 thirty (30) days prior to the commencement of conslruction of the HARP - Phase III-A-1 Project, subject to and contingent upon (a) funds for purposes of such relocation being appropriated, budgeted and otherwise made available and Co) the Foundation certifies in writing to the City that adequate funds in an amount not less than $2,711,000 for the construction of Phase III-A-1 are available. 4. 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: If to the Foundation: City of Pueblo The HARP Foundation Attention: Director of Finance Attention: Director 1 City Hall Place 301 North Main St., Suite 303 Pueblo, Colorado, 81003 Pueblo, Colorado 81003 Or to such other person/address as either party may designate in writing and given to the other party. ~2~3 5. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assi~ Executed at Pueblo, Colorado, as of the day and year first above written. [S E A L] PUEBLO, A MUNICIPAL CO~I~ "~City Clerk l~resident of the City Council APPROVED AS TO FORM: ~-~- ~~omey [S E AL] THE HARP FOUNDATION ATTEST: , Y: Page 3 of 3