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HomeMy WebLinkAbout10137RESOLUTION NO. 10137 A RESOLUTION APPROVING AN AMENDMENT TO THE DECEMBER 7, 2001 AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM AND FOR THE BENEFIT OF COLORADO STATE UNIVERSITY — PUEBLO RELATING TO A RECREATIONAL TRAIL FOR PEDESTRIAN AND NON - MOTORIZED VEHICLE TRAFFIC WITHIN THE CITY AND CROSSING THE CAMPUS OF THE UNIVERSITY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Agreement, dated December 7, 2001, between the City of Pueblo, a Municipal Corporation, and the Board of Governors of the Colorado State University system and for the benefit of Colorado State University — Pueblo, for completing the trail project by December 31, 2005, a copy of which is attached hereto, 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 the Amendment to 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. INTRODUCED June 14, 2004 BY Michael Occhiato Councilperson /�o 10137 Erg LL%kon 0 ff� &A L Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: JUNE 14, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING AN AMENDMENT TO THE DECEMBER 7, 2001 AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM AND FOR THE BENEFIT OF COLORADO STATE UNIVERSITY — PUEBLO RELATING TO A RECREATIONAL TRAIL FOR PEDESTRIAN AND NON - MOTORIZED VEHICLE TRAFFIC WITHIN THE CITY AND CROSSING THE CAMPUS OF THE UNIVERSITY, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME ISSUE Should the City Council approve an amendment to an agreement between the City of Pueblo and the Board Of Governors of the Colorado State University System and for the benefit of the Colorado State University — Pueblo (University) extending the completion date to December 31, 2005 relating to a trail on the campus and authorizing the President of City Council to execute the amendment? RECOMMENDATION Approval of the Resolution. BACKGROUND On, December 7, 2001, the City entered into an agreement with the University to construct a pedestrian trail on the campus. Under this agreement, the University is contributing $40,000 to the project ($20,000 for Phase I and $20,000 for Phase II). The City has also received a Transportation Enhancement Grant from the Colorado Department of Transportation (CDOT) for both phases of the project ($160,000 /phase). Phase I of the project is near completion and will include improvements such as; site preparation, a major drainage crossing and the installation of the base material for the trail. Phase II should begin this fall and will include the installation of the 10' wide concrete trail. The amendment will extend the agreement until December 31, 2005. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted the necessary funds to complete Phase I of the project in account PL0204. Phase II will be budgeted in account PLO404 upon entering into the grant contract with CDOT. AMENDMENT NO. 1 THIS AMENDMENT NO. 1 is entered into as of June 14 , 2004 by and between Pueblo, a municipal corporation ( "City") and the Board of Governors of the Colorado State University System by and for the benefit of Colorado State University — Pueblo ("University"). WHEREAS, City and University entered into an Agreement dated December 7, 2001 ( "Agreement ") relating to a recreational trail for pedestrian and non - motorized vehicle traffic ( "Trail") within the City and crossing the campus of the University ("Project "), and WHEREAS, City and University are desirous of modifying the completion date of the Project. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and University agree as follows: City will complete the Project not later than December 31, 2005. 2. The Agreement as modified by paragraph i above shall remain in full force and effect, binding upon and inuring to the benefit of City and University and their respective successors and assigns. Executed as of the day and year first above written. PUEBLO, a municipal Corporation BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM By by and for the benefit of Colorado State Phi sident of the City Council University — Pueblo By Presiders [SEAL] Attest: ' City ler