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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