The URL can be used to link to this page

Home My WebLink About09545 ORDINANCE NO. 9545 AN ORDINANCE APPROVING AN AMENDMENT NO. 3 TO THE COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORP\[ORATE AND POLITIC OF THE STATE OF COLORADO AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, A COLORADO INTER- GOVERNMENTAL AUTHORITY RELATING TO THE PUEBLO PROFESSIONAL BULL RIDERS UNIVERSITY AND HERITAGE OF HEROES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT NO. 3 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment No. 3 to the Cooperation Agreement between the City of Pueblo, a Colorado municipal corporation and the Pueblo Urban Renewal Authority, a body corporate and politic of the state of Colorado and the Historic Arkansas Riverwalk of Pueblo Authority, a Colorado inter-governmental authority, dated September 9, 2019, a copy of which is attached hereto and incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute and deliver the aforesaid Amendment No. 3 to the Cooperation Agreement 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. The officers and staff of the City are authorized and directed to perform any and all acts consistent this Ordinance and the attached Amendment No. 3 to the Cooperation Agreement, which are necessary or appropriate to implement the transactions described therein. SECTION 3. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 26, 2019 . Final adoption of Ordinance by City Council on September 9, 2019 . President of City Council Action by the Mayor: ☒ Approved on September 13, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-11 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 26, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT NO. 3 TO THE COOPERATION AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO AND THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, A COLORADO INTER-GOVERNMENTAL AUTHORITY RELATING TO THE PUEBLO PROFESSIONAL BULL RIDERS UNIVERSITY AND HERITAGE OF HEROES PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT NO. 3 SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign a third amendment to the Cooperation Agreement for the RTA Project. PREVIOUS COUNCIL ACTION: On February 25, 2013, the City and the Pueblo Urban Renewal Authority (“PURA”) and the Historic Arkansas Riverwalk of Pueblo Authority (“HARP”) (the “Parties”) entered into a Cooperation Agreement for development of a Regional Tourism Project described as the Pueblo Professional Bull Riders University and Heritage of Heroes Project (the “Project”). On February 27, 2017 the Parties entered into an Amendment No. 1 to the Cooperation Agreement to establish terms and conditions related to the financing between the City and PURA for the purpose of funding the design and construction of certain improvements in Phase 1 and Phase 2 of the Project. On May 24, 2018, the Parties entered into an Amendment No. 2 to the Cooperation Agreement to establish terms and conditions relating to the design and engineering costs associated with the federally funded (U.S. Department of Commerce Economic Development Administration) portion of the Project known as the Gateway Plaza. BACKGROUND: The purpose of the attached Amendment No. 3 is to establish terms and conditions relating to the landscape requirements for the area adjacent to the parking structure which was constructed by PURA as part of the Project. PURA’s commercial landscape plan for the parking garage, dated October 15, 2018, was accepted by the City as part of the building permit issuance. In order for the contractor to obtain a Certificate of Occupancy to permit access to the garage, PURA’s contractor submitted an escrow payment in the amount of $50,000 (“Escrow Funds”) on March 21, 2019 in lieu of installing and completing the landscape improvements for the garage. PURA and its contractor have requested release of the $50,000 in Escrow Funds set aside for the RTA garage landscaping. PURA points out that the landscaping can’t be completed until three sculptures (costing more than $300,000) commissioned by the LaVert Hoag Foundation have been installed. The City has agreed to release the Escrow Funds provided that PURA and HARP agree to a new timetable for completion of the garage landscaping. Under the attached Amendment No. 3, PURA will be required to complete all garage landscaping by September 30, 2021. Thereafter, PURA will be required to maintain said landscaping in compliance with the City’s landscape performance standards. FINANCIAL IMPLICATIONS: The City will release $50,000 in Escrow Funds to PURA or its contractor. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: City staff have cooperated with the PURA staff and HARP staff to negotiate the terms of the attached third amendment to the Cooperation Agreement. ALTERNATIVES: If this Ordinance is not approved, the City will retain the $50,000 in Escrow Funds needed by PURA and a new timetable will not be set for completion of the landscaping associated with the parking garage. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance; proposed Amendment No. 3 to the Cooperation Agreement AMENDMENT NO. 3 TO COOPERATION AGREEMENT PUEBLO PROFESSIONAL BULL RIDERS UNIVERSITY AND HERITAGE OF HEROES PROJECT 1.0 PARTIES. This Amendment to Cooperation Agreement ("Amendment No.3"), is made and entered into as of September 9, 2019, by and among the CITY OF PUEBLO, a Colorado municipal corporation and a home-rule municipality (the "City"); the PUEBLO URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the "Authority" or "PURA")) and THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY, a Colorado inter-governmental authority ("HARP"). The parties are sometimes referred to herein collectively as the "Parties" and individually as a"Party". 2.0 RECITALS. The following recitals are incorporated in and made a part of this Amendment No. 3. 2.1 Cooperation Agreement. The Parties entered into an agreement entitled Cooperation Agreement Pueblo Professional Bull Riders University and Heritage of Heroes Project dated February 25, 2013 (the "Agreement"), to comply with requirements related to a regional tourism project described as the Pueblo Professional Bull Riders University and Heritage of Heroes Project (the "Project") pursuant to the Colorado Regional Tourism Act, Part 3 of Article 46, Title 24, C.R.S. (the "Act"). 2.2 Amendment No. 1 to Cooperation Agreement. On February 27, 2017, the Parties are entered into an Amendment No. 1 to the Agreement (the "Amendment No. 1") to establish terms and conditions related to the financing between the City and the Authority for the purpose of funding the design and construction of certain improvements in Phase I and Phase II of the Project. 2.3 Amendment No. 2 to Cooperation Agreement. On May 14, 2018, the Parties entered into an Amendment No. 2 (the "Amendment No. 2") to the Agreement is to establish terms and conditions relating to the financing between the City, HARP and the Authority of the design and engineering costs associated with the EDA funded portion of the RTA project known as the Gateway Plaza. 2.4 Amendment No. 3 to Cooperation Agreement. The purpose of this Amendment No. 3 (the "Amendment No. 3") is to establish terms and conditions relating to the landscape requirements per City Municipal Code 17-4-7 relating to the area adjacent to the parking structure ("Garage") that is required to be constructed by the Authority as part of the RTA project. 3.0 AGREEMENT. In consideration of the mutual covenants, agreements, and promises in this Amendment No. 3 and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as set forth in this Amendment No. 3. 1 4.0 DEFINITIONS. Unless otherwise stated herein, all capitalized terms in this Amendment No. 3 shall have the meaning set forth in the Agreement and Amendment No. 1 and Amendment No. 2. 5.0 REVISION OF PHASE II CONSTRUCTION REQUIREMENTS. The Parties agree that the following sections shall be added to the Agreement and Amendments No 1 and No.2: 5.5.1 Garage Landscaping Requirements per Municipal Code 17-4-7. (a) The Authority's commercial landscape plans for the parking garage, dated October 15, 2018, were accepted by the City as part of the building permit issuance. In order for the contractor get a Certificate of Occupancy so they could gain access to the garage, they submitted an escrow in the amount of$50,000 ("Escrow Funds") on March 21, 2019 in lieu of installing and completing the landscape improvements on the south (southwest) side of the garage. (b) The Authority will be required to improve the site per the approved plan (see Exhibit A) or submit a new design to the City for approval that complies with the Municipal Code 17-4-7. (c) Before any work is commenced on the landscaping construction, there shall be delivered to the City Director of Planning and Community Development final landscape plans and specifications for any landscaping, including, as applicable, elevations, site plans, grading and drainage plans, outline specifications, samples of exterior materials and exterior colors, proposed signing and site lighting and access to the construction site. All such submittals must be approved by the City pursuant to the Pueblo Municipal Code before landscaping construction begins. Construction schedules shall also be delivered to the City Director of Planning and Community Development for informational purposes before construction begins. All landscaping shall be constructed substantially in accordance with plans and specifications approved the City Director of Planning and Community Development. (d) The landscape improvements to be constructed and maintained by the Authority pursuant to this Amendment No. 3 are part of the Pueblo Convention Center which is located on land owned by the Authority. The Authority agrees, at its own expense, to furnish and provide all labor, materials, permits, utility service, tools and equipment to construct the approved landscaping in the area adjacent to the Garage, and all other landscape improvements associated with the garage in compliance with all applicable laws, codes and regulations, including the City's landscape performance standards. Authority shall diligently construct same in an expeditious manner through qualified workers and contractors and shall fully complete all said landscape construction by September 30, 2021. Time is of the essence hereof. (e) Within thirty (30) days following execution of this Amendment No. 3, City shall pay the Escrow Funds to the Authority or the Authority's general contractor. 5.5.2 Garage Landscaping Maintenance. After completion of the landscaping construction, the Authority agrees to maintain said landscaping in compliance with all applicable laws, codes and regulations, including the City's landscape performance standards. The Authority has the right to contract or assign this responsibility to a third party. 2 6.0 EFFECT OF AMENDMENT. Except as modified by this Amendment No. 3, the provisions of the Agreement, Amendment No. 1 and Amendment No. 2 shall remain unchanged and in full force and effect and fully binding on the Parties, their successors and assigns, and the Agreement, Amendment No. 1, Amendment No. 2 and this Amendment No. 3 shall be construed together as a single integrated document. 7.0 MINOR CHANGES. The Parties executing this Amendment No. 3 are authorized to make non-substantive corrections to this Agreement as the Parties mutually consider necessary. IN WITNESS WHEREOF, this Amendment No. 3 is executed by the Parties hereto in their respective names as of the date first above written. THE PUEBLO URBAN RENEWAL AUTHORITY AT " . C c c1-v..aCy� a u.---\ / Donald J. Banner,sChair Jerry P.?"-co, Secretary CITY OF PUEBLO, A MUNICIPAL CORPORATION ATTEST: �� 40SCLIGOdt? Nicholas A. Gradisar Mayor \-61- GLA kti :p Brenda Armijo City Clerk Approved as to form by: >a/n4Aj* -< 4<"70v.. -1 ._._te Daniel C. Kogovsek City Attorney THE HARP AUTHORITY ATTEST: I , Chir ecretary 3 -P /` pa�{'i! _.... # O___0 litti [ m ....,,, = ID > r r 1 /4' 111%i r i i 1 , r --) pi ,, itil - ,'��. �. �:— 1ill � a s ' _j_ ii Ij' f Aiiia , 1 : ilw/ .., ., 10 ,� d 9�� 31 p 3i N v 11 „ Pi RR{i 1 1 3'' I , 1 s fiR _ 9 / 1 } [ I 8 °< pi t INi 41;1®i,l iii sl ili- t Pig ! €1 ill II , in _ zm � I • qq z tF> f rt l _ 7 1 i x zm �xm,A -' imp I4," _ 9 # %o - o 'o "4 m8 m8S ° q N € 1 °g' "P �q� x r' E Fn. i9 �€ �� `�� `l �i P 2i� 9: 9 I, I in'I a a� Ti; S_ o s• g v ° m NI ,z rT € g v q s m a a Pau . ob i nR x8 m I - PK oT ,'i r .f, , . I" 5,35 Ill:,II-1 k s Yi t i. i 8 =_ ° Sim I 1 q4 �n 41 ," � o �' 4-1 — __-_. __ _- -_.- 1 r 5 ps g. � -_� I _ 9 F4 £ i i 9 m I ; o " $o - £ n P m R , — : q A q 1 Vi "S. n 0 5k'i, RSe mT It vx k ¢ ii,9 0 o F� _ cmii gE.n 'L' 'P K'm Y- R Y': o Tog Eby" pE €;� "4s mph �� $a e - Qi 0101 E g m €ion v� ° ° 1 - 9 Y¢ - i n r n m $ n Matrixo L100 SITE IMPROVEMENT PLAN „°, 7° "`” PERMRSET liDLR Group „„ a p - PARKING GARAGE Exhibit A �� PUEBLO,COLORADO