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HomeMy WebLinkAbout08294ORDINANCE NO. 8294 AN ORDINANCE BUDGETING AND APPROPRIATING AN ADDITIONAL AMOUNT OF $284,320 TO PROJECT PWHP08 HARP PHASE IIIA-2 AND APPROVING AMENDMENT NO. 2 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 COUNCIL TO EXECUTE SAME WHEREAS, Amendment No. 2 requires the HARP Foundation to provide the needed funds to complete the HARP Phase IIIA-2 – Visitor Center and Gateway Park Bridge Project; and BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The amount of $284,320 is hereby budgeted and appropriated for the HARP Phase IIIA-2 – Visitor Center and Gateway Park Bridge Project, PWH08. SECTION 2. The increased budget for Capital Project No. PWHP08 - HARP Phase IIIA-2 – Visitor Center and Gateway Park Bridge Project is $1,848,947. SECTION 3. Amendment No. 2 to the original December 1, 2008 Cooperation Agreement and the March 8, 2010 Amendment No. 1 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 4. The President of the City Council is hereby authorized to execute and deliver the Amendment No. 2 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: December 13, 2010 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: December 27, 2010 Background Paper for Proposed ORDINANCE DATE: DECEMBER 13, 2010 AGENDA ITEM # R-1 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE BUDGETING AND APPROPRIATING AN ADDITIONAL AMOUNT OF $284,320 TO PROJECT PWHP08 HARP PHASE IIIA-2 AND APPROVING AMENDMENT NO. 2 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 COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve Amendment No. 2 to a Cooperation Agreement between the City of Pueblo and the HARP Foundation relating to the funding for the construction of Phase IIIA-2 of the Historic Arkansas Riverwalk of Pueblo project? RECOMMENDATION Approval of the Ordinance. 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. On March 8, 2010, Amendment No.1 to the Agreement was approved by both parties, which adjusted the revenue due to an ARRA grant. During the construction process over the past year, the funding sources have changed through fund raising efforts by the HARP Foundation. This Amendment No. 2 identifies those funding changes. FINANCIAL IMPACT There is no financial impact to the City of Pueblo. AMENDMENT NO 2 THIS AMENDMENT NO 2 ("Amendment ") to the December 1, 2008 Cooperation Agreement, between Pueblo, a Municipal Corporation ( "City ") and the HARP Foundation, a Colorado nonprofit corporation ( "Foundation ") as previously amended by Amendment No 1, dated March 8, 2010 for the remodeling of the Visitors Center and Gateway Park Bridge (also known as Phase IIIA -2) of the Historic Arkansas Riverwalk of Pueblo Project ( "Agreement "), is made this 27 day of December, 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 00 HARP Foundation (Local Donation — Visitor Center) 104,775 92 HARP Foundation (Local Donation — Vet. Bridge donations) 708,232 42 CDOT — ARRA Funds 600,000 00 HARP Land Sale 130,000 00 HARP Land Sale 26,003 10 Total Cost $1,848,947 44 With a breakdown of the funds per project as follows a) Visitors Center — Financial Assistance Award (DOLA) $ 78,252 00 HARP Foundation (Local Donation — Visitor Center) 104 775 92 Total Cost $ 183,027 92 b) Gateway Park Bridge (Veterans Pedestrian Bridge) — Financial Assistance Award (DOLA) $ 201,684 00 HARP Foundation (Local Donation — Vet. Bridge donations) 708,232 42 CDOT — ARRA Funds 600 000 00 HARP Land Sale 130,000 00 HARP Land Sale 26 003 10 Total Cost $1,665,919 52 1 2 Paragraph No 4 of the Agreement is amended to read as follows 4 Foundation has, to date, paid matching funds to the City in the amount of $77,625 00 Upon substantial completion of the project, the Foundation will pay the remaining portion of the required match for each of the projects to the City The Foundation shall provide to the City all necessary documentation identifying the in -kind funds and donations that were used as match for these projects. Total match for both projects will be $813,008 34, with any funds remaining in the project account at the final completion of the projects to be returned to the HARP Land Sale account. 3 Except as expressly modified by this Amendment No 2, the Agreement shall remain in full force and effect. Except as expressly modified, any obligations remaining to be performed under the 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 December 27 2010 [SEAL] PUEBLO, A MUNICIPAL CORPORATION Attest: � .' ... � -A... By L� -e-t, r� City rk President of the City Council [SEAL] HARP FOU D• gib bi Attest ' ' 4..t-I.-2-4V Secretary Secretary Pr- si • ent