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HomeMy WebLinkAbout8800RESOLUTION NO. 8800 A RESOLUTION APPROVING THE CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY FROM THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION FOR CERTAIN HOMES AND RELOCATING THE VACANT HOMES ON CITY VACANT LOTS WHEREAS, the City Council of the City of Pueblo by Resolution 8573 approved the purchase of certain single- family residences that were to be purchased by the State of Colorado Department of Transportation for relocation due to the expansion project of I -25 highway; and WHEREAS, the purchase of these homes by the City of Pueblo for subsequent relocation to city owned vacant lots and other non - profits meets a public need and is an eligible activity under the HOME federal housing program; and WHEREAS, the attached Contract for Sale and Purchase of Structures Upon Property has been approved as to form by the City Attorney; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT: SECTION 1. The attached contract is hereby approved and The President of the City Council is authorized to approve the purchase of 2612 and 2614 Court Street, 2412 Main Street and 2710 Grand Avenue. ATTEST: �'_ C �_ City 4rk INTRODUCED: September 13 , 1999 B Robert Schillin Councilperson APPR 7 ED: President of the City Council COUNCILAGENDA Agenda Item # Title: A RESOLUTION APPROVING THE CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY FROM THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION FOR CERTAIN HOMES AND RELOCATING THE VACANT HOMES ON CITY VACANT LOTS Department: Housing & Community Development Date: September 13, 1999 COUNCIL BACKGROUND PAPER I. SUMMARY A. Issue: Requesting to purchase homes, specifically 2612 and 2614 Court Street, 2412 Main Street and 2710 Grand Avenue, from the State of Colorado Department of Transportation for relocation onto city owned vacant lots by the City of Pueblo and other non - profit organizations. B. Recommendation: Approve the request to provide affordable housing for low- and moderate - income persons. Thereby, assisting in meeting the housing goals of the Consolidated Plan for the City of Pueblo as submitted to HUD in 1995. II. BACKGROUND The State of Colorado Department of Transportation is undertaking highway improvements for Interstate I -25. During the course of these improvements approximately 43 single - family homes will be purchased by the State and the present owners will be given relocation assistance. The City has offered to purchase 23 of the homes. The City of Pueblo in turn proposes to enter into agreements with Habitat for Humanity, Neighborhood Housing Services and Posada to purchase the homes from the city and relocate them on city vacant lots for home ownership. III. ALTERNATIVES A. The City could elect not to purchase 2612 and 2614 Court Street, 2412 Main Street and 2710 Grand Avenue and therefore not participate in the I -25 relocation project. Project No: NH- IR(CX)025- 1(126), Unit 2 Location: Jct I- 25/SHSO/SH47 Project Code: 91143 Parcel No: 216 CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY THIS CONTRACT, dated this ) of _��� 1991, by and between the State of Colorado, for the use and benefit of the Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222 hereinafter referred to as "CDOT" or the "Seller ", and the City of Pueblo, a Municipal Corporation, whose address is One City Hall Place, P.O. BOX 1427, Pueblo, CO 81002, hereinafter referred to as the "City ". WHEREAS, the Seller is the owner of the following structures and other facilities located upon property at 2612 Court Street , within the City of Pueblo, in the County of Pueblo, State of Colorado, hereinafter collectively referred to as the "Structures "; Description of Structure: single family dwelling and WHEREAS, the Seller desires to remove the Structures from the purchased right of way "the Property" owned by CDOT and; WHEREAS, the City desires to purchase some or all of the Structures from the Seller, and remove and relocate them. NOW THEREFORE, it is hereby agreed that: 1. For and in consideration of $ 3,520.00 ( Three Thousand Five Hundred Twenty and - - - -- 00 /100) to be paid at closing, the Seller hereby sells to the City the Structures, as hereinbefore described. The sale is subject to the conditions as contained herein. The payment by the City shall only be made by Cashier's Check, City Warrant, or Certified Check made payable to the State of Colorado, Department of Transportation. The date of closing shall be as determined by mutual agreement of Seller and City, but in any event shall be not later than September 22, , 1999. The time and place of closing shall be designated by CDOT. Any questions concerning this Contract shall be directed to the Seller's Representative who is Larry Johnson, Colorado Department of Transportation, 905 Erie Ave, PO Box 536, Pueblo CO 81002, Phone (719) 546 -5412. 2. The City shall have until October 29 , 1999 to remove the Structures from the land upon which the Structures reside, (the "Property "). Title to all structures not salvaged and removed by City, by the removal date, shall automatically revert to Seller. The Seller will conduct its inspection, as referenced in paragraph 6, within ten business days, weather pennitting, following the removal date. The City may accompany the Seller on this inspection. 3. The City shall be responsible of obtaining at City's own expense, all permits required for the removal pursuant to all ordinances, regulations or resolutions required by those local governmental agencies having jurisdiction over the Property. Copies of all permits shall be submitted to the Seller's Representative at least three days prior to the commencement of any work on the removal of the Structures. 4. The City shall have all utilities disconnected as required by the local utility companies servicing the Structures. Within ten days after the effective date of this Contract, the City shall either have such utilities shut off or transferred to the City's name. The City shall be responsible for checking the status of the utilities immediately prior to proceeding with the removal of the Structures. 5. The City shall make reasonable efforts to not remove or significantly damage trees, shrubs, bushes, or city curbs /gutters or sidewalks, unless such removal or damage is necessary in order to remove the structures to be salvaged by City or pursuant to local ordinances or regulations. Such removal should be coordinated with the Seller's Representative. 6. Should the City contract with any general contractor, individual, private company or corporation (the "Contractor ") in the performance of the moving of the Structures, then Contractor shall be solely responsible for obtaining all necessary permits, performance bonds (if necessary) and worker's compensation, liability and other insurance as evidenced by "Certificates of Insurance" to be provided to the Seller as described in the attached Provisions for Required Insurance. CDOT assumes no liability for and loss or damage to the Structures or any appurtenances, after the date of this Contract or as the result of the moving of the Structures or any appurtenances. City is responsible for compliance with any and all Federal, State and local laws, regulations and ordinances applicable to the removal and transport of the Structures or any appurtenances purchased under this Contract. City is also responsible for leaving the Property clean of that wood, trash and debris caused by City's removal operations following removal of the Structures. It is expressly agreed, however, that City may leave and abandon concrete foundations, slabs and flatwork. The Seller's Representative shall make an inspection of the Property following the removal of the Structures. 7. Time is of the essence in the performance of this Contract by the City. If the City fails or refuses to remove Structures as provided herein, or otherwise fails to comply with the conditions hereof, all of the City's rights to the Structures shall revert immediately to the Seller and said Seller shall retain any and all sums of money paid by the City, as liquidated damages. In the event the City does not meet its obligations by the removal deadline, CDOT shall, at its sole option, remove, dispose of, or demolish the Structures as CDOT sees fit and there will be no refund of any of the moneys paid by the City. 8. The Seller does not guarantee all the items or improvements listed as being contained within the Structures are present. It is the City responsibility to inspect the Property to check for accuracy prior to purchase. All items or improvements listed as being the Structures are sold "as is" and "where is ". The Property is not included in this sale. 9. That the attached Preliminary Site Inspection and Assessment of Asbestos Containing Material IJ reports were prepared for CDOT use. CDOT makes no guarantees, warranties, or representations, written or oral, express or implied as to the validity of these reports. Prior to moving the Structures, asbestos abatement required by law with respect only to those Structures being salvaged or disturbed by City, shall be at the City's expense, and the City shall comply with all City, State and Federal Laws and regulations and requirements pertaining to asbestos materials. All asbestos abatement, with respect to the structure being salvaged or disturbed by the City, as required in the asbestos report provided by CDOT, shall be abated by a licensed asbestos company with final clearance being performed by an air monitoring specialist trained according to State and Federal Regulations, prior to moving the structures from the property. If CDOT land is contaminated by a fiber release from the abatement by the City, the City shall pay all asbestos cleanup costs and, or fines incurred by CDOT. 10. As part of the consideration of this sale, City shall release, forever discharge, and hold harmless CDOT and its agents, employees, contractors, or assigns from all debts, demands, actions, suits damages and any and all claims, demands and liabilities whatsoever which may grow out of or in any way be connected with any negligence by the City. 11. This Contract shall not be effective until it has been fully executed by both parties hereto. 12. This Contract shall be binding upon the successors and assigns of the respective parties. 13. The City shall not relocate the Structures upon any proposed CDOT right of way. 14. The City hereby agrees that the Structures will be relocated with the intentions of use by City for the purpose of expanding the supply low and moderate - income housing. Upon the sale of the houses by the City, notice of the sale with documentation will be furnished to CDOT. 15. Liens and Encumbrances: The Structures are sold by Seller 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, if any. 16. Marketable Title: Good and marketable title to the Structures will be conveyed by Seller to City by bill of sale. 17. No Apportionment: The ad valorem taxes for the year of sale for personal property, water and sewer charges, and other utilities will not be apportioned but shall be paid by Seller, until date of contract. IS. Seller's Representations: Seller represents, (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. 3 (b) There is not pending or, to the knowledge of Seller, threatened any suit, action or proceedings against or affecting the Seller or the Structures before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, or any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. 19. Termination: This Agreement may be terminated upon written notice at any time prior to closing by City 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. 20. Possession: Possession of the Structure shall be delivered to City at closing. 21. Survival of Representations: The respective representation, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 22. 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 U.S. mail, postage prepaid; if to City, addressed to 1 City Hall Place, Pueblo, Colorado 81003, Attention: City Manager; and if to Seller, at Colorado Department of Transportation, Region 2 Real Estate Services PO Box 536 905 Erie Ave. Pueblo, CO 81002 attn Larry Johnson . 23. Expenses: Each party hereto shall separately bear its expenses incurred in connection with this Agreement and in connection with all things required to be done by each hereunder. 24. 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. 25. Governing Laws: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 26. 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. Seller may record Bill of Sale. 27. 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. 4 ATTEST: By: _ 1 Title: City Vlerk STATE. OF COLORADO ) ss County of Pueblo ) City A:President lo, A M ipal Corporation Titl of City Council The foregoing instrument was acknowledged before me this�(�day o 1998, by C DC j L1 e- K)e-k (ef as the President of City Council and by City Clerk. Witness my hand and official seal. otary Public My commission expires: ( /.!o /a01� � STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ATTEST: W uglas W Bennett w William F eis eck Chief Clerk for Right of Way Chief Engineer STATE OF COLORADO ) ss City and County of Denver ) �h The foregoing instrument was acknowled e_d before me this � day of 199, William F Reisbeck, as Chief Engineer ah oug MBen e t as Chief Clerk for Right of Way of the State of Colorado, Department of Transportation. Witness my hand and official seal. Notary Public My commission expires: 5 Project No: NH- IR(CX)025- 1(126), Unit 2 Project Code: 9114 Location: Jct I- 25/SHSO/SH47 Parcel No: 215 CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY THIS CONTRACT, dated this :._! day of _I f , 1991, by and between the State of Colorado, for the use and benefit of the Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222 hereinafter referred to as "CDOT" or the "Seller ", and the City of Pueblo, a Municipal Corporation, whose address is One City Hall Place, P.O. BOX 1427, Pueblo, CO 81002, hereinafter referred to as the "City ". WHEREAS, the Seller is the owner of the following structures and other facilities located upon property at 2614 Court Street , within the City of Pueblo, in the County of Pueblo, State of Colorado, hereinafter collectively referred to as the "Structures "; Description of Structure: single family dwelling , and WHEREAS, the Seller desires to remove the Structures from the purchased right of way "the Property" owned by CDOT and; WHEREAS, the City desires to purchase some or all of the Structures from the Seller, and remove and relocate them. NOW THEREFORE, it is hereby agreed that: 1. For and in consideration of $ 3,135.00 ( Three Thousand One Hundred Thirty ive and - - - -- 00 /100) to be paid at closing, the Seller hereby sells to the City the Structures, as hereinbefore described. The sale is subject to the conditions as contained herein. The payment by the City shall only be made by Cashier's Check, City Warrant, or Certified Check made payable to the State of Colorado, Department of Transportation. The date of closing shall be as determined by mutual agreement of Seller and City, but in any event shall be not later than September 22, , 1999. The time and place of closing shall be designated by CDOT. Any questions concerning this Contract shall be directed to the Seller's Representative who is Larry Johnson, Colorado Department of Transportation, 905 Erie Ave, PO Box 536, Pueblo CO 81002, Phone (719) 546 -5412. 2. The City shall have until October 29 , 1999 to remove the Structures from the land upon which the Structures reside, (the "Property "). Title to all structures not salvaged and removed by City, by the removal date, shall automatically revert to Seller. The Seller will conduct its inspection, as referenced in paragraph 6, within ten business days, weather permitting, following the removal date. The City may accompany the Seller on this inspection. 1 3. The City shall be responsible of obtaining at City's own expense, all permits required for the removal pursuant to all ordinances, regulations or resolutions required by those local governmental agencies having jurisdiction over the Property. Copies of all permits shall be submitted to the Seller's Representative at least three days prior to the commencement of any work on the removal of the Structures. 4. The City shall have all utilities disconnected as required by the local utility companies servicing the Structures. Within ten days after the effective date of this Contract, the City shall either have such utilities shut off or transferred to the City's name. The City shall be responsible for checking the status of the utilities immediately prior to proceeding with the removal of the Structures. 5. The City shall make reasonable efforts to not remove or significantly damage trees, shrubs, bushes, or city curbs /gutters or sidewalks, unless such removal or damage is necessary in order to remove the structures to be salvaged by City or pursuant to local ordinances or regulations. Such removal should be coordinated with the Seller's Representative. 6. Should the City contract with any general contractor, individual, private company or corporation (the "Contractor ") in the performance of the moving of the Structures, then Contractor shall be solely responsible for obtaining all necessary permits, performance bonds (if necessary) and worker's compensation, liability and other insurance as evidenced by "Certificates of Insurance" to be provided to the Seller as described in the attached Provisions for Required Insurance. CDOT assumes no liability for and loss or damage to the Structures or any appurtenances, after the date of this Contract or as the result of the moving of the Structures or any appurtenances. City is responsible for compliance with any and all Federal, State and local laws, regulations and ordinances applicable to the removal and transport of the Structures or any appurtenances purchased under this Contract. City is also responsible for leaving the Property clean of that wood, trash and debris caused by City's removal operations following removal of the Structures. It is expressly agreed, however, that City may leave and abandon concrete foundations, slabs and flatwork. The Seller's Representative shall make an inspection of the Property following the removal of the Structures. 7. Time is of the essence in the performance of this Contract by the City. If the City fails or refuses to remove Structures as provided herein, or otherwise fails to comply with the conditions hereof, all of the City's rights to the Structures shall revert immediately to the Seller and said Seller shall retain any and all sums of money paid by the City, as liquidated damages. In the event the City does not meet its obligations by the removal deadline, CDOT shall, at its sole option, remove, dispose of, or demolish the Structures as CDOT sees fit and there will be no refund of any of the moneys paid by the City. 8. The Seller does not guarantee all the items or improvements listed as being contained within the Structures are present. It is the City responsibility to inspect the Property to check for accuracy prior to purchase. All items or improvements listed as being the Structures are sold "as is" and "where is ". The Property is not included in this sale. 9. That the attached Preliminary Site Inspection and Assessment of Asbestos Containing Material 2 reports were prepared for CDOT use. CDOT makes no guarantees, warranties, or representations, written or oral, express or implied as to the validity of these reports. Prior to moving the Structures, asbestos abatement required by law with respect only to those Structures being salvaged or disturbed by City, shall be at the City's expense, and the City shall comply with all City, State and Federal Laws and regulations and requirements pertaining to asbestos materials. All asbestos abatement, with respect to the structure being salvaged or disturbed by the City, as required in the asbestos report provided by CDOT, shall be abated by a licensed asbestos company with final clearance being performed by an air monitoring specialist trained according to State and Federal Regulations, prior to moving the structures from the property. If CDOT land is contaminated by a fiber release from the abatement by the City, the City shall pay all asbestos cleanup costs and, or fines incurred by CDOT. 10. As part of the consideration of this sale, City shall release, forever discharge, and hold harmless CDOT and its agents, employees, contractors, or assigns from all debts, demands, actions, suits damages and any and all claims, demands and liabilities whatsoever which may grow out of or in any way be connected with any negligence by the City. 11. This Contract shall not be effective until it has been fully executed by both parties hereto. 12. This Contract shall be binding upon the successors and assigns of the respective parties. 13. The City shall not relocate the Structures upon any proposed CDOT right of way. 14. The City hereby agrees that the Structures will be relocated with the intentions of use by City for the purpose of expanding the supply low and moderate - income housing. Upon the sale of the houses by the City, notice of the sale with documentation will be furnished to CDOT. 15. Liens and Encumbrances: The Structures are sold by Seller 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, if any. 16. Marketable Title: Good and marketable title to the Structures will be conveyed by Seller to City by bill of sale. 17. No Apportionment: The ad valorem taxes for the year of sale for personal property, water and sewer charges, and other utilities will not be apportioned but shall be paid by Seller, until date of contract. 18. Seller's Representations: Seller represents, (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. 3 (b) There is not pending or, to the knowledge of Seller, threatened any suit, action or proceedings against or affecting the Seller or the Structures before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, or any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. 19. Termination: This Agreement may be terminated upon written notice at any time prior to closing by City 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. 20. Possession: Possession of the Structure shall be delivered to City at closing. 21. Survival of Representations: The respective representation, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 22. 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 U.S. mail, postage prepaid; if to City, addressed to 1 City Hall Place, Pueblo, Colorado 81003, Attention: City Manager; and if to Seller, at Colorado Department of Transportation, Region 2 Real Estate Services, PO Box 536 905 Erie Ave. Pueblo, CO 81002 attn Larry Johnson . 23. Expenses: Each party hereto shall separately bear its expenses incurred in connection with this Agreement and in connection with all things required to be done by each hereunder. 24. 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. 25. Governing Laws: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 26. 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. Seller may record Bill of Sale. 27. 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. 4 ATTEST: B y. ,— CA, Title: City Fierk STATE OF COLORADO ) ) ss County of Pueblo ) City of To, A Muni / Corporation By: Title: President of City Council The foregoing instrument was acknowledged before me thisjo:�day of.P e e� , 1999, by Co f i nne Koeh ler' as the President of City Council and by ��,nk D k4, -,A er City Clerk. Witness my hand and official seal. otary Public My commission expires: Ca /ab/ o STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AT EST: D glas W Bennett William F eisbeck Chief Clerk for Right of Way Chief Engineer STATE OF COLORADO ) ss City and County of Denver ) The foregoing instrument was ackno lle (ed efore e thiis��d�ay of OC'�s 199` )y William F Reisbeck, as Chief Engineer an Douglaennett, as Chief Clerk for Right of Way of the State of Colorado, Department of Transportation. T'��dttiy Witness my hand and official seal. �� •�� -�� Notary Public My commission expires: 5 Project No: NH- IR(CX)025- 1(126), Unit 2 Project Code: 91143 Location: Jct I- 25/SHSO/SH47 Parcel No: 229 CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY THIS CONTRACT, dated this! day of _ i. 199 by and between the State of Colorado, for the use and benefit of the Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222 hereinafter referred to as "CDOT" or the "Seller ", and the City of Pueblo, a Municipal Corporation, whose address is One City Hall Place, P.O. BOX 1427, Pueblo, CO 81002, hereinafter referred to as the "City ". WHEREAS, the Seller is the owner of the following structures and other facilities located upon property at 2412 N. Main , within the City of Pueblo, in the County of Pueblo, State of Colorado, hereinafter collectively referred to as the "Structures "; Description of Structure: single family dwelling_ and WHEREAS, the Seller desires to remove the Structures from the purchased right of way "the Property" owned by CDOT and; WHEREAS, the City desires to purchase some or all of the Structures from the Seller, and remove and relocate them. NOW THEREFORE, it is hereby agreed that: 1. For and in consideration of $ 3,080.00 ( Three Thousand Eighty and - - - -- 00 /100) to be paid at closing, the Seller hereby sells to the City the Structures, as hereinbefore described. The sale is subject to the conditions as contained herein. The payment by the City shall only be made by Cashier's Check, City Warrant, or Certified Check made payable to the State of Colorado, Department of Transportation. The date of closing shall be as determined by mutual agreement of Seller and City, but in any event shall be not later than September 22, , 1999. The time and place of closing shall be designated by CDOT. Any questions concerning this Contract shall be directed to the Seller's Representative who is Larry Johnson, Colorado Department of Transportation, 905 Erie Ave, PO Box 536, Pueblo CO 81002, Phone (719) 546 -5412. 2. The City shall have until October 29 , 1999 to remove the Structures from the land upon which the Structures reside, (the 'Property "). Title to all structures not salvaged and removed by City, by the removal date, shall automatically revert to Seller. The Seller will conduct its inspection, as referenced in paragraph 6, within ten business days, weather permitting, following the removal date. The City may accompany the Seller on this inspection. 3. The City shall be responsible of obtaining at City's own expense, all permits required for the removal pursuant to all ordinances, regulations or resolutions required by those local governmental agencies having jurisdiction over the Property. Copies of all permits shall be submitted to the Seller's Representative at least three days prior to the commencement of any work on the removal of the Structures. 4. The City shall have all utilities disconnected as required by the local utility companies servicing the Structures. Within ten days after the effective date of this Contract, the City shall either have such utilities shut off or transferred to the City's name. The City shall be responsible for checking the status of the utilities immediately prior to proceeding with the removal of the Structures. 5. The City shall make reasonable efforts to not remove or significantly damage trees, shrubs, bushes, or city curbs /gutters or sidewalks, unless such removal or damage is necessary in order to remove the structures to be salvaged by City or pursuant to local ordinances or regulations. Such removal should be coordinated with the Seller's Representative. 6. Should the City contract with any general contractor, individual, private company or corporation (the "Contractor ") in the performance of the moving of the Structures, then Contractor shall be solely responsible for obtaining all necessary permits, performance bonds (if necessary) and worker's compensation, liability and other insurance as evidenced by "Certificates of Insurance" to be provided to the Seller as described in the attached Provisions for Required Insurance. CDOT assumes no liability for and loss or damage to the Structures or any appurtenances, after the date of this Contract or as the result of the moving of the Structures or any appurtenances. City is responsible for compliance with any and all Federal, State and local laws, regulations and ordinances applicable to the removal and transport of the Structures or any appurtenances purchased under this Contract. City is also responsible for leaving the Property clean of that wood, trash and debris caused by City's removal operations following removal of the Structures. It is expressly agreed, however, that City may leave and abandon concrete foundations, slabs and flatwork. The Seller's Representative shall make an inspection of the Property following the removal of the Structures. 7. Time is of the essence in the performance of this Contract by the City. If the City fails or refuses to remove Structures as provided herein, or otherwise fails to comply with the conditions hereof, all of the City's rights to the Structures shall revert immediately to the Seller and said Seller shall retain any and all sums of money paid by the City, as liquidated damages. In the event the City does not meet its obligations by the removal deadline, CDOT shall, at its sole option, remove, dispose of, or demolish the Structures as CDOT sees fit and there will be no refund of any of the moneys paid by the City. 8. The Seller does not guarantee all the items or improvements listed as being contained within the Structures are present. It is the City responsibility to inspect the Property to check for accuracy prior to purchase. All items or improvements listed as being the Structures are sold "as is" and "where is ". The Property is not included in this sale. 9. That the attached Preliminary Site Inspection and Assessment of Asbestos Containing Material 2 reports were prepared for CDOT use. CDOT makes no guarantees, warranties, or representations, written or oral, express or implied as to the validity of these reports. Prior to moving the Structures, asbestos abatement required by law with respect only to those Structures being salvaged or disturbed by City, shall be at the City's expense, and the City shall comply with all City, State and Federal Laws and regulations and requirements pertaining to asbestos materials. All asbestos abatement, with respect to the structure being salvaged or disturbed by the City, as required in the asbestos report provided by CDOT, shall be abated by a licensed asbestos company with final clearance being performed by an air monitoring specialist trained according to State and Federal Regulations, prior to moving the structures from the property. If CDOT land is contaminated by a fiber release from the abatement by the City, the City shall pay all asbestos cleanup costs and, or fines incurred by CDOT. 10. As part of the consideration of this sale, City shall release, forever discharge, and hold harmless CDOT and its agents, employees, contractors, or assigns from all debts, demands, actions, suits damages and any and all claims, demands and liabilities whatsoever which may grow out of or in any way be connected with any negligence by the City. 11. This Contract shall not be effective until it has been fully executed by both parties hereto. 12. This Contract shall be binding upon the successors and assigns of the respective parties. 13. The City shall not relocate the Structures upon any proposed CDOT right of way. 14. The City hereby agrees that the Structures will be relocated with the intentions of use by City for the purpose of expanding the supply low and moderate- income housing. Upon the sale of the houses by the City, notice of the sale with documentation will be furnished to CDOT. 15. Liens and Encumbrances: The Structures are sold by Seller 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, if any. 16. Marketable Title: Good and marketable title to the Structures will be conveyed by Seller to City by bill of sale. 17. No Apportionment: The ad valorem taxes for the year of sale for personal property, water and sewer charges, and other utilities will not be apportioned but shall be paid by Seller, until date of contract. 18. Seller's Representations: Seller represents, (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 Structures before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, or any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. 19. Termination: This Agreement may be terminated upon written notice at any time prior to closing by City 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. 20. Possession: Possession of the Structure shall be delivered to City at closing. 21. Survival of Representations: The respective representation, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 22. 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 U.S. mail, postage prepaid; if to City, addressed to 1 City Hall Place, Pueblo, Colorado 81003, Attention: City Manager; and if to Seller, at Colorado Department of Transportation, Region 2 Real Estate Services, PO Box 536905 Erie Ave. Pueblo, CO 81002 attn Larry Johnson . 23. Expenses: Each party hereto shall separately bear its expenses incurred in connection with this Agreement and in connection with all things required to be done by each hereunder. 24. 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. 25. Governing Laws: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 26. 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. Seller may record Bill of Sale. 27. 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. 11 ATTEST: Title: City irk STATE OF OLORADO ) ss County of Pueblo ) City of eb�, A Munic' �o ration B 't Title. president of City Council The foregoin instrument was acknowledged before me thiday of , 199, by (',pf iV\Ke- �Je -r as the President of City Council and by City Clerk. Witness my hand and official seal. t Pbl ��� My commission expires: 6 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION ATTEST: uglas W Bennett Chief Clerk for Right of Way William eisbeck Chief Engineer STATE OF COLORADO ) ss City and County of Denver ) The foregoing instrument was ac nowled ed before m�et is�� day of OCR 199 William F Reisbeck, as Chief ngineerd�Das W Bennett, as Chief Clerk for Right of Way T�c�� of the State of Colorado, Department of Transportation. o Witness my hand and official seal. - `\\ \.��.� Notary Public My commission expires: Project No: NH- IR(CX)025- 1(126), Unit 2 Project Code: 91143 Location: Jet I- 25/SHSO/SH47 Parcel No: 207 CONTRACT FOR SALE AND PURCHASE OF STRUCTURES UPON PROPERTY THIS CONTRACT, dated this -!, day of ,�i / , 199, by and between the State of Colorado, for the use and benefit of the Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222 hereinafter referred to as "CDOT" or the "Seller ", and the City of Pueblo, a Municipal Corporation, whose address is One City Hall Place, P.O. BOX 1427, Pueblo, CO 81002, hereinafter referred to as the "City ". WHEREAS, the Seller is the owner of the following structures and other facilities located upon property at 2710 N. Grand , within the City of Pueblo, in the County of Pueblo, State of Colorado, hereinafter collectively referred to as the "Structures "; Description of Structure: single family dwelling and WHEREAS, the Seller desires to remove the Structures from the purchased right of way "the Property" owned by CDOT and; WHEREAS, the City desires to purchase some or all of the Structures from the Seller, and remove and relocate them. NOW THEREFORE, it is hereby agreed that: 1. For and in consideration of $ 5,830.00 ( Five Thousand Eight Hundred Thirty and - - - -- 00 /100) to be paid at closing, the Seller hereby sells to the City the Structures, as hereinbefore described. The sale is subject to the conditions as contained herein. The payment by the City shall only be made by Cashier's Check, City Warrant, or Certified Check made payable to the State of Colorado, Department of Transportation. The date of closing shall be as determined by mutual agreement of Seller and City, but in any event shall be not later than September 22, , 1999. The time and place of closing shall be designated by CDOT. Any questions concerning this Contract shall be directed to the Seller's Representative who is Larry Johnson, Colorado Department of Transportation, 905 Erie Ave, PO Box 536, Pueblo CO 81002, Phone (719) 546 -5412. 2. The City shall have until October 29 , 1999 to remove the Structures from the land upon which the Structures reside, (the "Property "). Title to all structures not salvaged and removed by City, by the removal date, shall automatically revert to Seller. The Seller will conduct its inspection, as referenced in paragraph 6, within ten business days, weather permitting, following the removal date. The City may accompany the Seller on this inspection. 1 3. The City shall be responsible of obtaining at City's own expense, all permits required for the removal pursuant to all ordinances, regulations or resolutions required by those local governmental agencies having jurisdiction over the Property. Copies of all permits shall be submitted to the Seller's Representative at least three days prior to the commencement of any work on the removal of the Structures. 4. The City shall have all utilities disconnected as required by the local utility companies servicing the Structures. Within ten days after the effective date of this Contract, the City shall either have such utilities shut off or transferred to the City's name. The City shall be responsible for checking the status of the utilities immediately prior to proceeding with the removal of the Structures. 5. The City shall make reasonable efforts to not remove or significantly damage trees, shrubs, bushes, or city curbs /gutters or sidewalks, unless such removal or damage is necessary in order to remove the structures to be salvaged by City or pursuant to local ordinances or regulations. Such removal should be coordinated with the Seller's Representative. 6. Should the City contract with any general contractor, individual, private company or corporation (the "Contractor ") in the performance of the moving of the Structures, then Contractor shall be solely responsible for obtaining all necessary permits, performance bonds (if necessary) and worker's compensation, liability and other insurance as evidenced by "Certificates of Insurance" to be provided to the Seller as described in the attached Provisions for Required Insurance. CDOT assumes no liability for and loss or damage to the Structures or any appurtenances, after the date of this Contract or as the result of the moving of the Structures or any appurtenances. City is responsible for compliance with any and all Federal, State and local laws, regulations and ordinances applicable to the removal and transport of the Structures or any appurtenances purchased under this Contract. City is also responsible for leaving the Property clean of that wood, trash and debris caused by City's removal operations following removal of the Structures. It is expressly agreed, however, that City may leave and abandon concrete foundations, slabs and flatwork. The Seller's Representative shall make an inspection of the Property following the removal of the Structures. 7. Time is of the essence in the performance of this Contract by the City. If the City fails or refuses to remove Structures as provided herein, or otherwise fails to comply with the conditions hereof, all of the City's rights to the Structures shall revert immediately to the Seller and said Seller shall retain any and all sums of money paid by the City, as liquidated damages. In the event the City does not meet its obligations by the removal deadline, CDOT shall, at its sole option, remove, dispose of, or demolish the Structures as CDOT sees fit and there will be no refund of any of the moneys paid by the City. 8. The Seller does not guarantee all the items or improvements listed as being contained within the Structures are present. It is the City responsibility to inspect the Property to check for accuracy prior to purchase. All items or improvements listed as being the Structures are sold "as is" and "where is ". The Property is not included in this sale. 9. That the attached Preliminary Site Inspection and Assessment of Asbestos Containing Material 2 reports were prepared for CDOT use. CDOT makes no guarantees, warranties, or representations, written or oral, express or implied as to the validity of these reports. Prior to moving the Structures, asbestos abatement required by law with respect only to those Structures being salvaged or disturbed by City, shall be at the City's expense, and the City shall comply with all City, State and Federal Laws and regulations and requirements pertaining to asbestos materials. All asbestos abatement, with respect to the structure being salvaged or disturbed by the City, as required in the asbestos report provided by CDOT, shall be abated by a licensed asbestos company with final clearance being performed by an air monitoring specialist trained according to State and Federal Regulations, prior to moving the structures from the property. If CDOT land is contaminated by a fiber release from the abatement by the City, the City shall pay all asbestos cleanup costs and, or fines incurred by CDOT. 10. As part of the consideration of this sale, City shall release, forever discharge, and hold harmless CDOT and its agents, employees, contractors, or assigns from all debts, demands, actions, suits damages and any and all claims, demands and liabilities whatsoever which may grow out of or in any way be connected with any negligence by the City. 11. This Contract shall not be effective until it has been fully executed by both parties hereto. 12. This Contract shall be binding upon the successors and assigns of the respective parties. 13. The City shall not relocate the Structures upon any proposed CDOT right of way. 14. The City hereby agrees that the Structures will be relocated with the intentions of use by City for the purpose of expanding the supply low and moderate - income housing. Upon the sale of the houses by the City, notice of the sale with documentation will be furnished to CDOT. 15. Liens and Encumbrances: The Structures are sold by Seller 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, if any. 16. Marketable Title: Good and marketable title to the Structures will be conveyed by Seller to City by bill of sale. 17. No Apportionment: The ad valorem taxes for the year of sale for personal property, water and sewer charges, and other utilities will not be apportioned but shall be paid by Seller, until date of contract. 18. Seller's Representations: Seller represents, (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 Structures before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, or any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. 19. Termination: This Agreement may be terminated upon written notice at any time prior to closing by City 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. 20. Possession: Possession of the Structure shall be delivered to City at closing. 21. Survival of Representations: The respective representation, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 22. 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 U.S. mail, postage prepaid; if to City, addressed to 1 City Hall Place, Pueblo, Colorado 81003, Attention: City Manager; and if to Seller, at Colorado Department of Transportation, Region 2 Real Estate Services, PO Box 536 905 Erie Ave. Pueblo, CO 81002 attn Larry Johnson . 23. Expenses: Each party hereto shall separately bear its expenses incurred in connection with this Agreement and in connection with all things required to be done by each hereunder. 24. 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. 25. Governing Laws: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 26. 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. Seller may record Bill of Sale. 27. 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. C! ATTEST: Title: City Oprk STATE OF 60LORADO ) ss County of Pueblo ) City of 66�o, A Muni i ration Co ��- B : , GI Imo- l)� Y Title. President of City Council The foregoin in o� strument was acknowledged before me this day , 199g, by Fr 11L (er as the President of City Council and by - v� City Clerk. Witnr,ss my hand and official seal. qotary Public My commission expires: Co���Z,=2. 0 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AT T. ��x L `d RAglas W Bennett Chief Clerk for Right of Way William F ei, eck Chief Engineer STATE OF COLORADO ) ss City and County of Denver ) The foregoing instrument was acknowledged before me this�day of 199 William F Reisbeck, as Chief Engineer an Do g�asennet as Chief Clerk for Right of Way the State of Colorado, Department of Transportation. Witness my hand and official seal. Notary Public My commission expires: