Resolution 2001-05 - Laserfiche WebLink

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WHEREAS, at present, the estimated cost of constructing the Facility is approximately $5,328,000, of which the Humane Society anticipates raising approximately $1,928,000 through fundraising and $3,400,000 through the issuance of bonds (the "Bonds"); and WHEREAS, the City's annual contributions towards the costs of construction will be used exclusively by the Humane Society to service the debt incurred pursuant to the issuance of such Bonds. NOW, THEREFORE, THIS AGREEMENT WITNESSETH: 1. CONSTRUCTION AND USE OF THE FACILITY (a) The Humane Society anticipates completing construction of the Facility by December 31, 2001, subject to reasonable extensions for unexpected delays or delays beyond the Humane Society's control. Performance bonds and maximum fixed price construction contracts will be provided to secure the performance by the general and sub-contractors in constructing the Facility. There can, however, be no assurances that construction on the Facility will be completed on schedule or that the remedies available under the performance bonds or the maximum fixed price construction contracts will allow for completion of the Facility on time and within the projected budget. (b) Prior to commencing operation of the Facility, the Humane Society shall provide the City's designated representative with appropriate documents certifying that the construction of the Facility has been completed in substantial compliance with all applicable ordinances, fire codes, building codes, rules and regulations of Boulder County, Colorado and the State. (c) The Property, the improvements on that Property and the Facility shall be and shall remain the Humane Society's property. (d) The City shall not be required by this Agreement to use the Facility; however, for as long as such use by the City of the Facility continues, the City will pay the amounts set forth in Sections 2 'and 3 of this Agreement, subject to the annual appropriation of the subject funds by the City Council of the City (the "Council"), as set forth below, and further subject to the terms and conditions of this Agreement. (e) If the City does not use the Facility to house non-human animals impounded on behalf of the City, then the City will still pay the amounts set forth in this Agreement, subject to the annual appropriation of the subject funds by the Council and further subject to the terms and conditions of this Agreement.