HomeMy WebLinkAbout8167RESOLUTION NO. 8167
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
HABITAT FOR HUMANITY OF PUEBLO, INC. AND THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, FOR TRANSFER
OF SURPLUS PROPERTY AND THE CONSTRUCTION OF
AFFORDABLE HOUSING THEREON FOR LOW AND
MODERATE INCOME PERSONS, AND AUTHORIZING THE
PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement dated Jul y 14 ,1997 between Habitat for Humanity of Pueblo, Inc. and the City
of Pueblo, a Municipal Corporation, ( "the Agreement "), for transfer of surplus property and the
construction of affordable housing thereon for low and moderate income persons, a copy of which is
attached and incorporated herein, 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 the Agreement on behalf of
Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest
same.
ATTEST:
City Clerk
INTRODUCED J u l v 14. 1997
By Al Gurule
Councilperson
APPROVED: 'Ile a
G �
President of Ve Cityltouncil
J: \CITY \HOUS 1NG\HAB rrAT\K -RE S. WPD
CONTRACT
THIS CONTRACT entered into as of thel4th day of July, 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 ( " 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, City shall execute and deliver to Habitat a quit claim deed
conveying and transferring to Habitat all of the City's right, title and interest in and to the Property
described in paragraph 7 hereof (the "Property "). Habitat shall thereafter promptly commence and
diligently pursue completion of the construction of improvements consisting of a single family
residence 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. Upon substantial completion of the improvements on the Property, Habitat shall
convey same to a qualified low or moderate income person or family in accordance with Habitat's
program.
3. If the improvements to be constructed on the Property are not substantially completed
within eighteen (18) months from the date hereof, Habitat shall either reconvey the Property to City
free and clear of any liens or claims or shall pay to City the sum of $5,000.00, which amount is
agreed to be the fair market value of the Property.
4. All expenses incurred in making improvements to the Property shall be promptly paid
by Habitat. Habitat will indemnify, save and hold harmless the City, its officers, agents and
employees from and against any and all 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, volunteers, or contractors.
5. Neither this contract nor any of Habitat's rights or obligations may be assigned or
transferred. Any assignment or attempted assignment in violation of this provision shall, at City's
election, be deemed void and of no effect whatsoever.
6. This Contract shall be binding upon and inure to the benefit of this parties and their
respective successors.
7. The Property is located in Pueblo County, Colorado and described as follows:
Lots 33, 34 and 35, Block 5,
Adee, Chamberlin & Wiley's Subdivision, Second
Filing, according to the recorded plat thereof
8. In all printed materials, project descriptions and other activities undertaken with
respect to the Property provided under this Agreement, Habitat shall provide recognition that
assistance has been provided by the City of Pueblo. Recognition shall be accomplished by
prominent disclosure of the role of the City in all such printed materials and project signage, if any.
9. The provisions set forth in this Agreement constitute the entire and complete
agreement of the parties hereto and supersede all prior written and oral agreements, understandings
or representations related thereto. No amendment or modification of this Agreement, and no waiver
of any provisions of this Agreement, shall be binding unless made in writing and executed by the
duly authorized officers of both Habitat and City.
IN WITNESS WHEREOF, Habitat and the City have executed this Agreement as of the date
first above written and under the laws of the State of Colorado.
ATTEST:
City Cle
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
By ,
President olghe CV Council
[SEAL]
ATTEST:
Secretary
HABITAT FOR HUMANITY OF
PUEBLO, INC.
,
BIZ/
President
Reception #: 1179465 Date: 07/30/1997 Time: 116 Book: 3021 Page: 510 Chris C. Munoz
Inst: QUIT R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Clk.&Rec.
QUIT CLAIM DEED
THIS DEED, made this 14th day of July , 1997 between Pueblo, a Municipal
Corporation, of the first part, and Habitat for Humanity of Pueblo, Inc., of the second part,
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
One Dollar ($1.00) to the said party of the first part in hand paid by the said party of the second part,
the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed
and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM
unto the said party of the second part, its successors and assigns forever, all of the right, title,
interest, claim and demand which the said party of the first part hath in and to the following
described real property situate, lying and being in the County of Pueblo and State of Colorado, to
wit:
Lots 33, 34 and 35, Block 5, Adee, Chamberlin & Wiley's Subdivision,
Second Filing.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only
proper use, benefit and behoof of said party of the second part, his heirs and assigns forever.
Grantee takes said right, title and interest of said party of the first part subject to all liens,
encroachments, leases and environmental conditions, including both those of record and those not
of record.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name
to be hereunto subscribed by the President of the City Council of Pueblo, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year first above written.
ATTEST:
c
c -V AMP ch City Clerk
�+ OF UEBLO )
ss.
f- STA': Cq COLORADO )
PUEBLO, A MUNICIPAL CORPORATION
By AZ�
President of/the 9dy Council
The foregoing instrument was acknowledged before this A lh day of
1997 by Cathy A. Garcia as President of City Council and Gina Dutcher, City Clerk.
Witness my hand and official seal.
My commission expires:
�.� Notary Public