HomeMy WebLinkAbout11821RESOLUTION NO. 11821
A RESOLUTION APPROVING AMENDMENT NO. 1 TO
THE DECEMBER 1, 2008 COOPERATION AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE HARP FOUNDATION, A
COLORADO CHARITABLE NONPROFIT CORPORATION,
RELATING TO THE HISTORIC ARKANSAS RIVERWALK
OF PUEBLO VISITORS CENTER AND GATEWAY PARK
BRIDGE (PHASE IIIA -2) PROJECT AND AUTHORIZING
THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 1 to the December 1, 2008 Cooperation Agreement, between
the City and HARP Foundation, relating to the funding for construction of the HARP
Phase IIIA -1 Project, 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 No. 1 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: March 8, 2010
BY: Judy Weaver
COUNCILPERSON
APPROVED:
RESIDENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
MU fill
Background Paper for Proposed
RESOLUTION
DATE: MARCH 8, 2010
AGENDA ITEM # M -9
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE DECEMBER 1, 2008
COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE HARP FOUNDATION, A COLORADO CHARITABLE
NONPROFIT CORPORATION, RELATING TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO VISITORS CENTER AND GATEWAY PARK BRIDGE
(PHASE IIIA -2) PROJECT AND AUTHORIZING THE PRESIDENT OF THE COUNCIL
TO EXECUTE SAME
ISSUE
Should the City Council approve Amendment No. 1 to a Cooperation Agreement
between the City of Pueblo and the HARP Foundation relating to the funding for the
construction of Phase II IA -2 of the Historic Arkansas Riverwalk of Pueblo project?
Approval of the Resolution.
BACKGROUND
On December 1, 2008 the City and the HARP Foundation entered into a Cooperation
Agreement outlining the funding requirements for the construction of the HARP Phase
IIIA -2 project. During the construction process over the past year, the funding sources
have changed through fund raising efforts by the HARP Foundation. This Amendment
No. 1 identifies those funding changes.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo.
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THIS AMENDMENT NO. 1 ( "Amendment') to the December 1, 2008 Cooperation
Agreement, between Pueblo, a Municipal Corporation ( "City ") and the HARP Foundation, a
Colorado nonprofit corporation ( "Foundation ") for the remodeling of the Visitors Center and
Gateway Park Bridge (also known as Phase IIIA -2) of the Historic Arkansas River of Pueblo
Project ("Agreement'), is made this 8` day of March, 2010.
WITNESSETH:
WHEREAS, the City and the HARP Foundation have determined that it is necessary and
desirable for the parties to amend the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and Foundation agree as follows:
1. Paragraph No. 2 of the Agreement is amended to read as follows:
2. City and Foundation agree that funding for construction of the Project is as follows:
Financial Assistance Award (DOLA) $ 279,936
HARP Foundation (Local Donation— Visitor Center) 113,230
HARP Foundation (Local Donation — Vet. Bridge donations) 545,458
CDOT — ARRA Funds 600,000
Total Cost $1,538,624
With a breakdown of the funds per project as follows:
a) Visitors Center —
Financial Assistance Award (DOLA) $ 78,252
HARP Foundation (Local Donation — Visitor Center) 113,230
Total Cost $191,482
b) Gateway Park Bridge (Veterans Pedestrian Bridge) —
Financial Assistance Award (DOLA) $ 201,684
HARP Foundation (Local Donation — Vet. Bridge donations) 545,458
CDOT — ARRA Funds 600,000
Total Cost $1,347,142
2. Paragraph No. 4 of the Agreement is amended to read as follows:
4. Within ten (10) days prior to commencement of construction of each of the projects,
the Foundation will pay the required match for each of the projects to the City. Total
match for both projects will be $658,688; with any funds remaining in the project account
at the completion of the projects will be returned to the Foundation.
3. Except as expressly modified by this Amendment No. 1, the Agreement shall remain in
full force and effect. Except as expressly modified, any obligations remaining to be performed
under the original Agreement by either party, are not waived or excused in any manner, but shall be
fully performed in accordance with the terms and conditions of the Agreement as it existed prior to
this Amendment.
Executed at Pueblo, Colorado, as of March 8, 2010.
[SEAL]
PUEBLO, A MUNICIPAL CORPORATION
Attest: By: J, O J
City erk President of the City Council
[SEAL]
Attest: B
Se etary '
State of Colorado
County of Pueblo
Subscribed and sworn to before me this 4th day of March, 2010, by Lonnie D. Parsons as
Secretary /Treasurer of HARP Foundation.
Notary Publ ,lY,GL °1. 1 -1. '
My commission expires: MArch 12, 2011 NOTARY PU
STATE O_ F COLO
State of Colorado ~ �
My commission expires March U. 1
County of Pueblo
Subscribed and sworn to before me this 4th day of March, 2010, by Ken White as President
of HARP Foundation.
No ary Public IIavez
My commission expires: MArch 12, 2011 NOTARY LIC
STATE OF C OLORADO
My commission expires March 12, 2011