HomeMy WebLinkAbout11204RESOLUTION NO. 11204
A RESOLUTION APPROVING MODIFICATION NO. 1 BETWEEN THE CITY OF PUEBLO
AND AT &T RELATING TO A JOB CREATING CAPITAL IMPROVEMENT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Modification No. 1 dated as of January 28, 2008 between the City of Pueblo and AT &T
relating to a job creating capital improvement project, a copy of which is attached, having been
approved as to form by the City Attorney, is hereby approved. The President of the City Council
is authorized to execute the Modification No. 1 in the name of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
SECTION 2
This Resolution shall become effective upon final approval and passage.
INTRODUCED: January 28, 2008
INTRODUCED January 28, 2008
BY Vera Ortegon
Councilperson
ANT
PRESIf NT'ei Cif' Council
ATTEST D BY
ges 112
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM is
DATE: January 28, 2008
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING MODIFICATION NO. 1 BETWEEN THE CITY OF
PUEBLO AND AT &T RELATING TO A JOB CREATING CAPITAL IMPROVEMENT
PROJECT
ISSUE
Should City Council approve Modification No. 1?
RECOMMENDATION
Approve Modification No. 1.
BACKGROUND
The City and Cingular Wireless, LLC now AT &T ( "Company') entered into an
Agreement dated May 8, 2006 relating to a job creating capital improvement project
whereby Company agreed to employ 500 full -time employees and City agreed to
make $5,670,000 out of the one -half cent sales and use tax revenue ( "City Funds ")
available to Company to acquire equipment. Company has requested that it be
allowed to use an amount not to exceed $200,000 of City Funds to add a third
elevator and security conduit in the Parking Structure adjacent to its facilities.
Modification No. 1 allows and authorizes the use of City Funds for such purpose.
The estimated constructed cost for the elevator is $170,681 and the conduit is
$9,300.
FINANCIAL IMPACT
See Background.
MODIFICATION NO. I
ZJ
THIS MODIFICATION NO. I ( "Modification No. V) entered into as of Octuber d �
2008, by and between the City of Pueblo, a municipal corporation ( "City ") and AT &T, a
Delaware corporation, the successor in interest to Cingular Wireless, LLC ( "Company "),
WITNESSETH,
WHEREAS, City and Company entered into an Agreement dated as of May 8, 2006
relating to a job creating capital improvement project ( "Agreement ") and
WHEREAS, City and Company are desirous of modifying the uses for which City Funds
as described in the Agreement may be applied.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, City and Company agree as follows:
1. In addition to Equipment as defined in the Agreement, Company shall use an
amount not to exceed $200,000.00 of City Funds for the actual cost of (a) a third elevator in the
Pueblo Main Street Garage Corporation's parking structure located adjacent to the facility within
which Company conducts its inbound service support center at 100 South Oneida Street, Pueblo,
Colorado, 81003, and (b) conduit for Company's security system installed in the parking facility.
The estimated cost for the elevator is $170,681 and the estimated cost for the conduit is $9,300.
The actual costs for the elevator and conduit, but not in excess of $200,000, shall be the amount
charged therefore by H. W. Houston Construction Co., the general contractor, for the parking
facility ( "Contractor ").
2. The Director of Finance is authorized and directed to pay to the Pueblo Main
Street Garage Corporation out of City Funds the actual cost of the elevator and conduit charged
therefor by the Contractor, but not in excess of $200,000.
3. As modified by this Modification No. 1, the Agreement shall remain in full force
and effect binding upon and inuring to the benefit of the City and Company and their respective
successors and approved assigns.
Executed in Pueblo, Colorado, the day and year first above written.
CITY OF PUEBLO
Title: Executive Director — Customer Service
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