HomeMy WebLinkAbout8112RESOLUTION NO. 8112
A RESOLUTION APPROVING A CONTRACT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND HABITAT FOR
HUMANITY OF PUEBLO, INC. RELATING TO THE TRANSFER
OF A VACANT LOT IN EASTWOOD HEIGHTS FOR PURPOSES
OF NEW HOME CONSTRUCTION AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The contract dated April 28L4 1997 between Pueblo, a Municipal Corporation and Habitat
for Humanity of Pueblo, Inc. relating to the transfer of property and the deed referred to therein
having been approve as to form by the City Attorney, are hereby approved. The President of the
City Council is hereby authorized and directed to execute and deliver the Contract and the deed
referred to therein in the name of and on behalf of the City and the City Clerk is directed to affix the
seal of the City thereto and attest same.
SECTION 2.
The property described in the Contract is hereby declared to be excess to the City's needs and
is hereby found to be available and appropriate for transfer to Habitat for Humanity of Pueblo, Inc.
to be used in furtherance of its program to construct or cause to be constructed thereon qualified
affordable housing for low- to moderate - income persons and families.
ATTEST:
INTRODUCED: April 28 , 1997
By Patrick Avalos
Councilperson
APPROVED:
City Clerk President of Vie City Council
CONTRACT
THIS CONTRACT entered into as of the 28th day of April, 1997 between Pueblo, a
Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Habitat for
Humanity of Pueblo, Inc., P.O. Box 1421, Pueblo, Colorado 81002 (the "Habitat "), WITNESSETH:
In consideration of the benefits to accrue to City and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants contained
herein, City and Habitat agree as follows:
1. Upon execution hereof, Habitat will take possession of the Property described in
paragraph 7 hereof (the "Property ") and commence and diligently pursue completion of the
construction of improvements thereon in furtherance of Habitat's program to construct or cause to
be constructed quality affordable housing for low- to moderate - income persons and families. All
improvements will be constructed in compliance with all applicable laws, codes and regulations.
2. If the improvements to be constructed on the Property are not substantially
complected within twelve (12) months from date hereof, this Contract shall become void and
unenforceable, and the parties shall be released from all obligations hereunder except those imposed
upon Habitat by paragraph 4 hereof.
3. Upon substantial completion of the improvements on the Property, City will deliver
to Habitat'a quit claim deed conveying and transferring to Habitat all of City's right, title and interest
in and to the Property for the purpose of reconveying same to a qualified low- to moderate - income
person or family in accordance with Habitat's program.
4. All expenses incurred in making improvements to the Property shall be promptly paid
by Habitat. Habitat will indemnify, save and hold harmless the Property and City, its officers, agents
and employees from and against any and all liens, including mechanics' liens, claims, damages,
liabilities and court awards including costs, expenses and attorney fees incurred as a result of any
act or omission of Habitat or its officers, agents, employees, contractors or assigns.
5. Neither this contract nor any of Habitat's rights or obligations may be assigned. Any
such assignment will void this Contract.
6. This Contract shall be binding upon and inure to the benefit of the parties and their
respective successors.
7. The Property is located in Pueblo County, Colorado and described as follows:
Lot 8, Block 8, Fearnowville
Commonly known as 1235 Feamow
Parcel # 0428411024
Pueblo, Colorado
Executed at Pueblo, Colorado the day and year first above written.
PUEBLO, A MUNICIPAL CORPORATION
ATTEST: By:
City Cler Preside of the City Council
HABITAT FOR HUMANITY OF PUEBLO,
INC. >
ATTEST: B
Secretary President