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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. 'Yr.. mr "u l�n"2412 06 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