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HomeMy WebLinkAbout8189RESOLUTION NO. 8189 A RESOLUTION OF INTENT AND AUTHORIZATION TO ACQUIRE REAL PROPERTY FOR THE EL PUEBLO PROJECT (211 N. VICTORIA AVENUE) WHEREAS, the City will undertake the construction and development of the El Pueblo project, and WHEREAS, certain real property adjacent to the existing El Pueblo Museum is necessary and required for the El Pueblo project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The City Council hereby finds and determines that the interest of the City of Pueblo and its residents; the preservation of the public health, safety and general welfare, the public need, interest and necessity will be served by the El Pueblo project and the acquisition of real property for such project located in Pueblo County, Colorado, and described as: East 10 Ft. of West 1/2 Lot 8, Block 43, Pueblo County, Colorado. Street Address: 211 North Victoria Avenue, Pueblo, Colorado ( "the Property "). and, that such El Pueblo project be used, constructed and developed in a manner necessary and convenient for public use and purposes. SECTION 2 The City Council does hereby further find and determine that it is necessary and desirable and in the best interest of the City to acquire title to and possession of the property for the El Pueblo project. SECTION 3 The City Manager or his designated representative be and hereby is authorized and directed to negotiate for and on behalf of the City with the owner or owners of the Property for the purchase thereof by the City. If such negotiations for the purchase of the Property are unsuccessful, the City Attorney is hereby authorized and empowered to institute condemnation proceedings in the name of the City for the acquisition of the Property through the exercise of the City's power of eminent domain. SECTION 4 This Resolution shall become effective upon final passage. ATTEST: CITY Vq ERK INTRODUCED: JULY 28, 1997 BY: AL GURULE COUNCILPERSON APP OVED: lam( . PRESIDEN OF CvAY COUNCIL AGREEMENT FOR SALE AND PURCHASE OF PROPERTY Agreement made September 10 , 19 98 , between Mr. Edward I. Cassidy, Personal Representative of the Estate of P. Cassidy (herein "Seller ") a the City of Pueblo, a municipal corporation (herein "Purchaser' ).��� 1. Sale Seller shall sell and convey, and the Purchaser shall purchase all of real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all buildings, structures, fixtures, additions and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any (the "Property"). 2. Fixtures The term "fixtures" as used in paragraph I includes the plumbing, heating and air conditioning systems and all other fixtures, equipment and personal property attached or appurtenant to or used in connection with the Property or buildings thereon to the extent presently located on the Property and to the extent owned by Seller except the personal property described in Exhibit "B" attached hereto. 3. Purchase Price The purchase price, not to exceed is Forty Three Thousand Dollars ($ 43,000 ) to be allocated and paid as follows: (a) Payment The purchase price will be paid in full at the time of closing subject to compliance by Seller with its warranties and representations contained herein. (b) Allocation The purchase price will be allocated to the land, building and fixtures as Seller shall determine at time of closing; provided, such allocation must be approved by Purchaser, which approval will not be unreasonably withheld. 4. Liens and Encumbrances The Property is sold and will be conveyed free of all liens, charges, encumbrances, equities of any nature, rights of parties to or in possession, taxes and assessments, except current year taxes and NO OTHER EXCEPTIONS 5. Marketable Title Good and marketable title to the Property will be conveyed by Seller to Purchaser by warranty deed in proper statutory form duly executed, acknowledged and ready for recording and by bill of sale. 6. Apportionments The ad valorem taxes for the year of sale for both real and personal property, water and sewer charges, and other utilities will be apportioned as of the date of closing. All special assessments, if any, shall be paid in full by Seller. If the closing shall occur before current year taxes are fixed, the apportionment of taxes shall be based upon the prior year mill levy applied to the latest assessed valuation. 7. Closing The date of closing shall be as determined by mutual agreement of Seller and Purchaser but shall be no later than September 30, 1998 The time and place of closing shall be designated by Purchaser. 8. Seller's Representations Seller represents and warrants: (a) Seller has full power and authority to execute, deliver and perform this Agreement and at closing all acts of Seller necessary and required for such execution, delivery and performance of this Agreement will have been taken. (b) There is not pending or, to the knowledge of Seller, threatened any suit, action or proceedings against or affecting the Seller or the Property before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, of any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. (c) Seller owns and at closing will convey to Purchaser good and marketable title to the Property free of all liens, charges, encumbrances, equities of any nature, rights of parties in possession, taxes and assessments, except current year taxes and those matters otherwise specifically excepted in paragraph 4 hereof. (d) No notice or requests have been received by the Seller from any insurance company issuing any policy of insurance covering the Property requesting the performance of any work with respect to the Property which has not been fully complied with. Any such notices or requests received prior to closing shall be fully complied with by the Seiler at its expense prior to closing. (e) To the knowledge of Seller, the Property and its present use do not violate any provision of any applicable building or fire code, federal or state environment or pollution control law, or any other governmental statutes, rules, ordinances, orders, or regulations. Seller does not warrant that, were the improvements to be constructed or reconstructed at the present time, they would comply with current codes and regulations. (f) The land included in the description of the Property is contiguous, and all public utilities required for the use and operation of the Property either enter the Property through adjoining public streets or if they pass through private lands they do so in accordance with valid easements. (g) The buildings and other structures upon the Property are entirely within the boundary lines of the Property, there are no encroachments thereon. (h) Purchaser shall not become liable for or obligated to pay any broker's, finder's, consultant's fees or similar fees in connection with the negotiation, execution or consummation of this Agreement. All such fees shall be paid by Seller. (i) At the time of closing, the Property shall not have been materially or adversely affected in any way as a result of fire, explosion, earthquake, accident, casualty, requisition or other taking of property by governmental authority, flood, windstorm, riots or acts of God or the public enemy. 0) Except as otherwise provided herein, the Property, buildings, fixtures, equipment and improvements will be conveyed at closing in their condition and state of repair as of the date of this Agreement. (k) Except as otherwise provided herein, neither the Property or the interests of Seller therein is limited or restricted by, or subject to, any of the following: (i) Rights or claims of parties in possession whether or not shown by the public records. (ii) Easements, or claims of easements, whether or not shown by the public records. (iii) Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose whether or not shown by the public records. (iv) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law whether or not shown by the public records. (v) Taxes due and payable, any tax, special assessments, charge or lien imposed for water or sewer service, except current year general ad valorem taxes. (1) The list of personal property to be furnished under paragraph 14 is true, correct and accurate. 9. Purchaser's Representations Purchaser represents and warrants: (a) The Purchaser is a municipal corporation duly organized, existing and in good standing under the laws of the State of Colorado. (b) The Purchaser has full power and authority to execute, deliver and perform this Agreement and at the time of closing all acts of the Purchaser necessary for such execution, delivery and performance of this Agreement will have been taken. 10. Seller's Duty to Perform Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale, transfer and conveyance provided herein to be made by them or otherwise to effectuate their part of the purchase and sale herein provided: (a) The representations and warranties set forth in paragraph 9 herein are, on the date hereof and as of the time of closing, correct, subject to any change permitted herein or any action approved by the Purchaser. (b) The Purchaser has complied with its agreements to be performed herein by it prior to the time of closing. 1.1. Purchaser's Duty to Perform Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Purchaser shall not be obligated to pay the consideration as provided for herein or otherwise to effectuate its part of the purchase and sale herein provided: (a) The representations and warranties of the Seller contained herein shall be true in all respects as of the time of closing as though such representations and warranties were then made in exactly the same language and the Seller shall have performed all obligations and complied with all covenants required by this Agreement to be performed or complied with by Seller prior to the closing date. (b) The Seller has complied with its agreements herein to be performed by it prior to the time of closing. (c) The Purchaser shall have received from the Seller the (i) warranty deed and bill of sale, (ii) title insurance commitment, (iii) Pueblo County Treasurer's certificate of personal and real estate taxes and special assessments on the Property, and (iv) complete list of personal property. 12. Termination This Agreement may be terminated upon written notice at any time prior to closing by Purchaser or the Seller if there has been a material misrepresentation or breach of warranty on the part of the other party in representations and warranties set forth in this Agreement. 13. Possession Possession of the Property shall be delivered to Seller (at closing) (on or before September 30, 1998 . If Seller shall fail or refuse to deliver possession of the Property to Purchaser at closing or such other time as specified herein, Seller should be subject to eviction and be liable for a daily rental equal to two - tenths of one percent of the purchase price until possession is delivered. 14. Personal Property Within 20 days after execution of this Agreement by Seller, Seller will deliver to Purchaser a complete list of all chattels, fixtures and equipment located on the Property or used in connection with the Property or buildings thereon and owned by Seiler, except the personal property described in Exhibit B, and a description of same shall be included in the bill of sale to be delivered at closing. 15. Title Insurance Commitment At least 15 days prior to closing, Seller will deliver to Purchaser a commitment for a policy of title insurance ( "Commitment "), agreeing to issue to Purchaser, upon the recording of the warranty deed to Purchaser covering the Property, an ALTA owner's policy of title insurance for the Property in the amount of the purchase price, in form and content acceptable to counsel for the Purchaser, insuring marketable title to the Property in Purchaser, without exceptions or exclusions, free and clear of all liens, charges, encumbrances, equities of any nature, rights of parties in possession, assessments and taxes, except current year and those matters otherwise specifically provided in paragraph 4 hereof ( "Title Policy "). Seller will cause the Title Policy to issue and be delivered, at its cost and expense, to Purchaser within 20. days after closing. 16. Special Warranty Seller guarantees and warrants to Purchaser that: (a) All of the creditors of Seller, as of closing date, shall be paid by Seller when their bills are due. (b) Seller, at its own expense, shall indemnify and hold Purchaser harmless from any claim of a creditor of Seller, which claim arises under the Colorado Uniform Commercial Code, or Bulk Sales Act or any similar Acts. 17. Singular Includes Plural If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" whenever the sense of the Agreement so requires. 18. Risk of Loss The risk of loss or damage to the Property or to tenants or occupants thereof or their property by fire or other casualty is assumed by the Seller until the delivery of possession of the Property to Purchaser. 19. Enforcement Time is of the essence hereof and this Agreement may be specifically enforced. In the event of any litigation arising out of this Agreement, the Court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 20. Survival of Representations The respective representations, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 21. Notice Any notice, request, instruction or other document to be given hereunder by any party hereto to the other shall be in writing and shall be delivered personally or sent by certified mail, postage prepaid; if to Purchaser, addressed to it at 1 City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager; and if to Seller, at n 22. Expenses Each party hereto shall separately bear its expenses incurred in `�i1 connection with this Agreement and in connection with all things required to be done by each hereunder. 23. Entire Understandings This Agreement is entered into after full investigation, neither party relying upon any statement or representation of the other not contained herein. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained and this Agreement cannot be changed or terminated orally. 24. Governing Laws This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 25. Recording For the convenience of the parties hereto and to facilitate the filing and recording of this Agreement, it may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 26. No Benefit to Third Parties Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm or corporation, other than the parties hereto, any rights or remedies under or by reason hereof. 27. Execution by Purchaser Upon execution hereof by Purchaser on or before September 10, 1998 , this Agreement shall become a contract binding upon and inuring to the benefit of Seller and Purchaser, their heirs, personal representatives, successors and assigns. WITNESS THE DUE EXECUTION HEREOF, as of the day and year first above written. ATTEST: • By 'ity Clerk APPROVED AS TO FORM: N ss�- -City Attorney PURCHASER CITY OF PUEBLO, A MUNICIPAL CORPORATION Pr dent of tW City Council SELLER Edwar4A. Cassidy Personal Representative of the Estate of Delores P. Cassidy 10, 1 4 0 8 r Legal Description The East 10 Feet of West 1/2 Lot 8, in Block 43, City of Pueblo, County of Pueblo, State of Colorado. d Z 0 7 Z 7 H pQ o w Q H Wn 0 0 U