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HomeMy WebLinkAbout10344RESOLUTION NO. 10344 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, COUNTY OF PUEBLO, LE VERT H. HOAG FOUNDATION AND HUMANE SOCIETY OF PIKES PEAK REGION D /B /A PUEBLO ANIMAL SERVICES RELATING TO A $500,000.00 GIFT FOR CONSTRUCTION OF A NEW ANIMAL SHELTER FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between the City of Pueblo, County of Pueblo, La Vert H. Hoag Foundation and Humane Society of Pikes Peak Region dba Pueblo Animal Shelter relating to a $500,000.00 gift for construction of a new animal shelter facility, a copy of which is attached hereto, having been approved by the City Attorney as to form, is hereby approved. The President of the City Council is authorized to execute and deliver the Agreement in the name of the City. SECTION 2. This Resolution shall become effective upon final passage and approval. INTRODUCED March 28, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK Rwo 1034 0 0 o ° Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: March 28, 2005 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, COUNTY OF PUEBLO, LE VERT H. HOAG FOUNDATION AND HUMANE SOCIETY OF PIKES PEAK REGION D /B /A PUEBLO ANIMAL SERVICES RELATING TO A $500,000.00 GIFT FOR CONSTRUCTION OF A NEW ANIMAL SHELTER FACILITY ISSUE Should the City Council approve the Resolution and Agreement? RECOMMENDATION Approve BACKGROUND The Le Vert H. Hoag Foundation requires the approval and execution of the Agreement in order to complete the $500,000.00 gift and assure the appropriate naming of the new shelter facility. FINANCIAL IMPACT $500,000.00 will be made available for the construction of the new animal shelter facility. AGREEMENT THIS AGREEMENT is executed by LE VERT W. HOAG FOUNDATION, a Colorado non - profit corporation hereinafter referred to as "Foundation" the HUMANE SOCIETY OF PIKES PEAK REGION DBA PUEBLO ANIMAL SERVICES, a Colorado non -profit corporation hereinafter referred to as "PAS," the CITY OF PUEBLO and the COUNTY OF PUEBLO. WHEREAS, PAS has been providing animal care and control and sheltering services for the City Pueblo and the County of Pueblo Since September, 2002, and WHEREAS, PAS has operated out of a shelter owned by the City of Pueblo that is inadequate to meet today's standards of animals sheltering and the needs of the community, and WHEREAS, PAS desires to replace said shelter with a new facility that will meet the needs of the Citizens of Pueblo County for the foreseeable future, and WHEREAS, FOUNDATION has indicated an interest in assisting with said project. NOW, THEREFORE, the parties agree as follows: 1. FOUNDATION with this document pledges Five Hundred Thousand Dollars ($500,000.00) to PAS to be paid in three or more installments over a period not to exceed three years from the date of this Agreement. $250,000.00 will be paid before March 31, 2005. The balance of the gift will be paid when PAS demonstrates a need, and with the consent of FOUNDATION. All funds will be held by PAS in an interest bearing account until needed. PAS agrees to supply FOUNDATION with quarterly reports detailing expenditures of funds from FOUNDATION. 2. PAS may use funds donated by FOUNDATION solely for the construction of the building and improvements, architectural and engineering expenses as deemed appropriate by PAS and FOUNDATION from time to time. 3. Architects' plans of the proposed facility has not yet been finalized. 4. The facility described above to be constructed by PAS will be owned by the City of Pueblo and/or County of Pueblo and shall be named the "PUEBLO COMMUNITY ANNIMAL SHELTER, Le VERT W. HOAG MEMORIAL BUILDING." Such name shall be the sole and only name of the facility for a minimum of 50 years or as long as the new building lasts whichever is longer. 5. The parties acknowledged that the lettering of the name will be of such size and material as will be agreed upon by PAS, FOUNDATION, CITY OF PUEBLO and COUNTY OF PUEBLO. 6. The parties acknowledge that the project will be a public - private venture with participation from both City of Pueblo and County of Pueblo. As a result, FOUNDATION'S obligations are contingent upon approval by the City of Pueblo and County of Pueblo. 7. This Agreement shall inure to the benefit and be binding upon the parties hereto, their successors and assigns. Should the Humane Society of Pikes Peak Region cease to be the operator of the Animal Control and Sheltering Program for the City of Pueblo and/or County of Pueblo, the City of Pueblo and/or County of Pueblo will require a new operator to abide by the letter and spirit of this Agreement. 8. This Agreement constitutes the full understanding between the parties and may not be altered or amended without the written consent of the parties. LE VERT W. HOAG FOUNDATION HUMANE SOCIETY OF PIKES PEAK REGION I By: President March I , 2005. COUNTY OF PUEBLO By: Z2&� Ch r, Board of County Commissioners March 1st , 2005. By: G l Wesley Nfe$herf DVM, Executive Director March �, 2005. CITY OF PUBLO kobert D.`ScWling, Jr. President oKihe City Co cil March 28 , 2005. 2 /0,, BW19r i kobert D.`ScWling, Jr. President oKihe City Co cil March 28 , 2005. 2