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HomeMy WebLinkAbout09226RESOLUTION NO. 9226 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR EXCHANGE OF PROPERTIES BETWEEN CITY OF PUEBLO, COUNTY OF PUEBLO AND SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC. AND AUTHORING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: The Intergovernmental Agreement for the Exchange of Properties between the City of Pueblo, County of Pueblo and Sangre de Cristo Arts and Conference Center, Inc., a copy of which is attached hereto, having been approved as to form by the City Attomey, is hereby approved. The President of the City Council is authorized to execute and deliver the Intergovernmental Agreement for the Exchange of Properties in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: February 26, 2001 ATTEST: • By Patrick Avalos Councilperson INTERGOVERNMENTAL AGREEMENT FOR EXCHANGE OF PROPERTIES THIS AGREEMENT is made and entered into this 3Tu day of >RNXJAR>/ 2001, by and between Pueblo County, Colorado, a political subdivision of the State of Colorado, organized and existing under the constitution and laws of the State of Colorado (hereinafter referred to as the "County "); the City of Pueblo, a municipal corporation, organized and existing under the constitution and laws of the State of Colorado (hereinafter referred to as the "City "); and the Sangre de Cristo Arts and Conference Center, Inc., a non- profit corporation organized and existing under the laws of the State of Colorado (hereinafter referred to as the "Arts Center "), WITNESSETH: RECITALS WHEREAS, the Arts Center is the title owner and the County is the equitable owner of several parcels of real property located on the West side of Santa Fe Avenue, between Second and Third Streets, in the City of Pueblo, Colorado (hereinafter referred to as the "Santa Fe Properties "); and WHEREAS, the City is the owner of a parking lot located at the southeast comer of Fourth Street and Santa Fe Avenue in the City of Pueblo, Colorado (hereinafter referred to as the "Fourth Street Parking Lot "); and WHEREAS, the parties to this Agreement desire to exchange those properties in accordance with the terms, conditions, and mutual promises contained herein. TRANSFER OF OWNERSHIP OF THE SANTA FE PROPERTIES The County and the Arts Center, in consideration of the terms, conditions and promises contained herein from the City, do hereby agree to convey all of their rights, title and interest in and to the Santa Fe Properties, which property is more specifically described in Exhibit A, which is attached hereto and incorporated herein by this reference, to the City by general warranty deed. This conveyance is specifically contingent upon the City's conveyance of all its rights, title and interest to the Fourth Street Parking Lot property to the County as provided herein. The County and Arts Center will convey all of their right, title and interest in and to the Santa Fe Properties to the City free and clear of all liens and encumbrances, together with all interests in vacated streets and alleys adjacent thereto, all improvements thereon, and all attached fixtures. However, the parties hereto agree that all buildings and improvements on such property are conveyed to the City "as is, where is." 2. The City does hereby agree to accept the conveyance of title to the Santa Fe Properties under the terms and conditions contained herein. 3. Upon receipt of the title of the Santa Fe Properties, the City will expeditiously proceed with its plans for the historic preservation, restoration and/or remodeling of the Holden Block Building, 201 -203 North Santa Fe Avenue and the Studzinsky Block Building, 221 -225 North Santa Fe Avenue, Pueblo, Colorado, which are located on the Santa Fe Properties. The parties agree that time is of the essence with regard to the preservation, restoration, and/or remodeling of these two buildings and, therefore, the City promises that the buildings will show progress toward such preservation, restoration or remodeling by no later than August 15, 2001. Progress shall be defined as any activities involving any of the buildings located on the Santa Fe Properties in the nature of preservation, restoration, remodeling or demolition or the issuance of requests of proposals for such preservation, restoration, demolition or remodeling. Once begun, the City will expeditiously move toward completion of all such preservation, restoration, demolition or remodeling projects, in accordance to the time line indicated in Exhibit B, which is attached hereto and incorporated herein by this reference. If the City delegates all or part of this project to another entity, City agrees to assign its responsibilities under this paragraph to such entity so that such entity is obligated for such responsibilities to the same extent as the City. 4. The City also agrees that if it does proceed with the historic preservation, restoration and/or remodeling of the two buildings indicated above, it will provide adjacent parking for such remodeled buildings on the Santa Fe Properties, or another site. 5. The parties agree that no application for historic designation of the two buildings described above shall be made by any of the parties or their agents until the exchange of deeds occurs under this Agreement. TRANSFER OF OWNERSHIP OF THE FOURTH STREET PARKING LOT The City in consideration of the terms, conditions and promises contained herein from the County and the Arts Center, does hereby agree to convey all of its rights, title and interest in and to the Fourth Street Parking Lot, which property is more specifically described in Exhibit C, which is attached hereto and incorporated herein by this reference, to the County by general warranty deed. This conveyance is specifically contingent upon the County and Arts Center's conveyance of all of their rights, title and interest to the Santa Fe Properties to the City as provided herein. The City will convey all its right, title and interest in and to the Fourth Street Parking Lot to the County free and clear of all liens and encumbrances, together with all interest in vacated streets and alleys adjacent thereto, all improvements thereon, and all fixtures attached thereto, if any. However, the parties hereto agree that the Fourth Street Parking Lot and all improvements thereon are conveyed to the County "as is, where is." 2. The County and the Arts Center do hereby agree to accept the conveyance of title to the Fourth Street Parking Lot to the County as consideration for their promises contained herein and agrees to accept such property subject to the rights granted to the Greater Pueblo -2- Chamber of Commerce by Ground Lease dated December 1, 1998 and amended December 11, 2000 between the City and the Greater Pueblo Chamber of Commerce. The City agrees to assign all of its rights and interest in and to said Ground Lease to the County at the time the title to the Fourth Street Parking Lot is conveyed to County and County agrees to assume and perform all of the City's obligations thereunder. 3. In addition, the County agrees to accept the conveyance of the City's title to the Fourth Street Parking Lot subject to the City's retention and reservation of the right of the City to develop, construct and install parking facilities above all or parts of the surface of the Fourth Street Parking Lot, together with the right to construct and install on the surface of the ground, columns and structural supports for such parking facilities; provided, however, that the design and construction of all ramps, parking facilities, pillars, and other structures impacting the loss of parking spaces on the surface of the Fourth Street Parking Lot must be approved in advance by the County and the Arts Center, which approval will not be unreasonably withheld or delayed; and provided, however, that in no event shall such ramps, parking facilities, pillars or other structures reduce the number of parking spaces on the surface of the Fourth Street Parking Lot below eighty-four (84) total spaces as those spaces are currently configured on the Fourth Street Parking Lot. The parties recognize that twenty (20) of the currently configured ninety (90) spaces are subject to the Ground Lease with the Greater Pueblo Chamber of Commerce. 4. The County agrees to match up to $300,000 of City's expenditures for construction of the parking facilities in the space above the surface of the Fourth Street Parking Lot, or at the Convention Center, HARP, or any other mutually agreed upon location. MISCELLANEOUS PROVISIONS Date of Closing: The parties agree that this exchange transaction will be concluded no later than February 12, 2001 or at a later mutually agreeable date. The time and place of formal closing, if necessary, will be as agreed to between the parties. 2. Evidence of title: The County and the Arts Center shall furnish to the City at the expense of the County and the Arts Center a current commitment for owner's title insurance policy in the amount of $500,000 insuring title to the Santa Fe Properties in the name of the City prior to the date of closing and cause the title insurance policy to be issued and delivered to City immediately after closing. The City shall furnish to the County a current commitment for owner's title insurance policy for the Fourth Street Parking Lot in an amount of $500,000 insuring title to the Fourth Street Parking Lot in the name of the County prior to closing and cause the title insurance policy to be issued and delivered to the County immediately after closing. 3. Pro - rations: Any unpaid taxes or utility assessments or charges associated with either the Santa Fe Properties or with the Fourth Street Parking Lot shall be pro -rated between the parties as of the date the titles to said properties are exchanged. 991 Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind, whether oral or written, preceding the date of this Agreement are incorporated herein and shall not be binding upon any of the parties hereto. 5. Modification of Agreement: Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing and signed by each party hereto. 6. Binding Effect: This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties. Appropriations. Financial obligations imposed by this Agreement upon either the County or the City are contingent upon and subject to funds being appropriated, budgeted and otherwise made available for such purposes. EXECUTED as of the day and year first above written. ATTEST PUEBLO COUNTY COLORADO By & '// By Cler he Board M tt ulen, Chairman B and of County Commissioners OF ATTEST: Council DE CRISTO ARTS & ATTEST._ -� By U Title: APPROV AS TO FORM: lip erry A. Ifart, County Attorney CONFERENCE CENTER By -- Name: C�G�C i2►VLZ 03155 Title: Thomas E. Ja er, ity Attorney no EXHIBIT A Santa Fe Property 201 through 225 North Santa Fe Avenue, Pueblo, Colorado, more specifically described as Lots 1 through 5 and the south 16'2" of Lot 6, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said County in May 1869, as shown by the recorded plat thereof, and that portion of Second Street in said City adjoining said Lot 1; bounded and described as follows, to wit: COMMENCING at the SE corner of said Lot 1, thence South along the West line of Santa Fe Avenue, 10 feet; thence West parallel with the South line of said Lot 1; 120 feet to the East line of an alley in said block, thence North along the East line of said alley 10 feet to the SW corner of said Lot 1; thence East along the South line of said Lot 1, 120 feet to the Point of Beginning, together with vacated streets and alleys adjacent thereto, Pueblo County, Colorado. 02105/01 11:15 PUEBLO CNTY ATTY. - 85454301 =1111T B I:hlecr = ��rs'e] HMSING AUT HORITY of the CITY OF PUEBLO 261 So. Vldorla / Pueblo, Colorado 81503 Phone (119) 54247411 FAX 1719) 54 6-5345 EXECUTIVE D(RECTOR: Jack ouuxa January 29, 2001 Mr. Dave Galli Asst. City Manager 1 City Hall Pueblo, CO 81403 RE: Stu"nski & Holden Blocks Dear )Dave: COMUSSIONERS! Judge Gordon R_ Cooper Mr. Robert L- Hawkins Mr. Gaspare ftrCta Mr. BGn WeindltrV Ms. Ekzebeth S. Wi lson A muting was heM with the three county commisa ckun on Thursday. January 25. At that meeting, the comr issionem requested a bete Knew. ro the earliest date that rehabilitation effo rts could begin for the above mentioned property. The Iollowing are new tentative dates that would be necessary for us to complete the work if the lRougng Authority and its investors are successful in aoquiring Housing Tax Credits: 2/21101 Application to CHFA ( Colo. Housing Finance Authority) must be submitted . Several things must happen for that applicatlon to be completed: to market study wig have to be complowd_ ♦Construetion estimates including all soft costa must be completed. 5124/01 Submission of National Rtgister Nomnation application. 5124101 CIVA will act upon the Housh* Tax Credit application to be awarded in fiscal year 2001. At that timo, we shat! know if the project would receive those ere;ydits. Without this type of credit, we cannot proceed- 8/ml National Register Nomination rc%iewed for approval 8115101 Tax credits investors would be in postilion and contracts could be in place to have the first inWou of equity to begin preparation fbr construction This would include exploratory work as weA as demolition on the structures. At this tune, we E 'd 0560 +BS GI L 'ON xV. 1.311 Rill /016 D 1i13 IV, L1:01 SH 10- 0c, -lirl 02, 11:16 PUEBLO CNTY ATTY. 85454301 NO,368 must point out that extedor rehabilitation cannot commence unfit a NW1onel Rc&er domination and gotom Tax Credit Applications are forwarded for revkw. This is because,,£any work is done on the hisroric facade without their approval, it could negate chances for historic tax credits. 1018MI Submission of application for Colorado State Historical Society Historic Orant 11410 Bid, and start nonrh4toric related construction 1/I5/02 C.UlOrado Historical Society Mistmlic Orant funds reviewed and notified. 3/02 Begin Wasior renovation of historic buildings This ran not be accomplished any sooner because if the struMve is to receive any historic greats, contracts would have to be signed with the Colorado State Historical Society_ 17/02 Construction completed and buildings able to be occupied We are using the sarue time fines that we used far the Rood Candy Building. We know by experience that these are reacbaMe. As stated before, these teatstive time lines can be athkwed only if our housing tax credits are approved. in May, 2001. This is not to my a private developer could not work on the structure. This is only to say that before the Housing Authority of the City ofpueblo and its subsidiarks could not be involve`' unless the housing tax credits aro approved. Sbould you have any further questions, please contact me at 584 -7676. � rA/I cc: Jack Quinn i 'd E'2 - 0 80 qE5 61L ia?Z xYd 'j ?lt d►l1 /0�$cild x0 Iii7 ii ZI:01 301 1p- ,",5 -►; r Sincerely, EXHIBIT C Fourth Street Parking Lot MOO The parking lot located at the southeast corner of the intersection of Santa Fe Avenue and Fourth Street, Pueblo, Colorado, more particularly described as: Lots 1 to 6, Block 21, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge or said Pueblo County in May 1869, as shown by the recorded plat thereof, together with vacated streets and alleys adjacent thereto, Pueblo County, Colorado. D ED 0 ED City of Pueblo OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Gina Dutcher, City Clerk FROM: City Attorney RE: Intergovernmental Agreement, City/County, Exchange of Properties DATE: March 5, 2001 The enclosed documents should be filed with the Resolution approving the intergovernmental agreement for exchange of properties between the City, County, and Sangre de Cristo Arts and Conference Center ( "Arts Center ") adopted by the City Council on February 26, 2001. a. Original Owners' Policy of Title Insurance No. 7572932 issued by Transnation Title Insurance Company. b. Original Warranty Deed recorded February 23, 2001 as Instrument No. 1370788 from the Arts Center to the City conveying title to property located in the 200 Block North Santa Fe Avenue, Pueblo, Colorado. C. Copies of closing documents including copy of Warranty Deed from the City conveying title to City's Fourth Street Parking Lot to the County. If you have any questions, please call me. Thomas E. Jagg /Jp Enclosures ISSUED BY TRANSNATION TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Transnation A LANDAMERICA Q)MPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: Title to the estate or interest described in Schedule A being vested other than as stated therein; Any defect in or lien or encumbrance on the title; Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. TRANSNATION TITLE INSURANCE COMPANY Attest: Z Secretary By (�i* t U^ 1 President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM PA 10 ALTA Owner's Policy (10- 17 -92) Face Page Form 1190 -56 ORIGINAL Valid Only If Schedules A and B and Cover Are Attached CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United Slates district court for the district in which the land is located. (g) "unmarkelabilily of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (it) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may he necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190 -56 (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the, name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (if in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (it) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Companv, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company , the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Companv is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage. other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover CONTROL NO Ail - 114306 TRANSNATION TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 500,000.00 Policy No.: 7572932 Date of Policy: February 23, 2001 at 11:47 A.M. up to and including Reception No. 1370788 1. Name of Insured: The City Of Pueblo, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: The City Of Pueblo, a Municipal Corporation 4. The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY Policy No.: 7572932 LEGAL DESCRIPTION PARCEL 1: Lot 1 and the South 1/2 of Lot 2, Block 29, in that part of the present City of Pueblo Which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the probate judge of said Pueblo County, in March 1869, County of Pueblo, State of Colorado, and that portion of Second Street in said City adjoining said lot; bounded and described as follows, to -wit: COMMENCING at the SE Corner of said Lot 1; thence South along the West line of Santa Fe Avenue, 10 feet; thence West parallel with the South line of said Lot 1, 120 feet to the East line of an alley in said block; thence North along the East line of said alley 10 feet to the SW corner of said Lot 1; thence East along the South line of said Lot 1, 120 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado PARCEL 2: The North 1/2 of Lot 2, and the South 1/2 of Lot 3, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 3: The North 1/2 of Lot 3, all of Lot 4 and the South 8.23 feet of Lot 5, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 4: The North 33.87 feet of Lot 5 and the South 16 feet 2 inches of Lot 6, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March 1869,County of Pueblo, State of Colorado. Page 2 TRANSNATION TITLE INSURANCE COMPANY Policy No.: 7572932 SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. The 2000 General taxes paid, according to tax certificate dated February 23, 2001. 6. Any and all rights of the owner of the property adjoining the subject property on the South 1/2 of Lot 1 and the North 1/2 of Lot 1 arising from the existence of a party wall partly located on the subject property as described in Agreement recorded April 17, 1882 in Book 36 at Page 41. (Affects Parcel 1) 7. Party Wall Agreement recorded in Book 701 at Page 180, at Instrument No. 430581. (Affects Parcel 2) 8. Any question as to the size or location of subject property and as to the encroachment of subject property onto adjoining property. 9. Any and all leases and tenancies. Page 3 CONDITIONS AND STIPULATIONS 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may Pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of toss or destruction shall be furnished to the satisfaction of the Company. NM 1 PA 10 ALTA Owner's Policy (10- 17 -92) Cover Page Form 1190 -58 (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15- LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provi- sion and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shat) be addressed to: Consumer Affairs Department, EO. Box 27567, Richmond, Virginia 23261 -7567. ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached 1370788 02/23/2001 11:47A WD Chris C. Munoz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Roo W A R R ANT Y D E E D THIS DEED, Made this 20TH day of FEBRUARY, 2001 between SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non- profit Corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantor, and THE CITY OF PUEBLO, a Municipal Corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantee, whose legal address is 1 CITY HALL PALCE, PUEBLO, COLORADO 81003 WITNESSETH, That the grantor, for and in consideration of the sun of FIVE HUNDRED THOUSAND AND 00 /100, ($500,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and being in the County of PUEBLO and State of Colorado, described as follows: �( SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF I also known by street and number as 205, 213 -215, & 223 -225 N. SANTA FE, PUEBLO, COLORADO 81003 TOG with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in P ggg� and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the lappurtenances, unto the grantee, its successors and assigns forever. And the grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the sane in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, incumbrances and restrictions of whatever kind or nature soever except general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; STATE DOCUMENTARY FEE P E 0 COUNTY The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained 1rsmises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto s by its president, and its corporate seal to be hereunto affixed, attested by itat DE VIAL as Secretary secretary, the day and year first above written. 1f \ SANGRE DE CRISTO ARTS AND CONFERENCE f � +� T CENTER, INC., a Colorado Non- profit Corporation DESI V CRETARY ,FOR N PRESIDENT STATE OF COLORADO } ss. The foregoing instrument was acknowledged before County of PUEBLO } me this 20TH day of FEBRUARY, 2001, by BARBARA as President DESI VIAL as Secretary of SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation My commission expires August 11, 2001 witness my hand and official seal. No. 767 Rev. 6 -85 oz OL IVI NOTARY PUBLIC Q of coti% NOTARY PUBLIC 627 North Main Street Pueblo, Colorado 81003 �r i 1111101111111111111111111111 iii 1111111 iii 11111 IN I IN 1370788 02/23/2001 11:47A WD Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk 8 Rea "EXHIBIT A LEGAL DESCRIPTION PARCEL 1: Lot 1 and the South 1/2 of Lot 2, Block 29, in that part of the present City of Pueblo Which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the probate judge of said Pueblo County, in March 1869, County of Pueblo, State of Colorado, and that portion of Second Street in said City adjoining said lot; bounded and described as follows, to -wit: COMMENCING at the SE Corner of said Lot 1; thence South along the West line of Santa Fe Avenue, 10 feet; thence West parallel with the South line of said Lot 1, 120 feet to the East line of an alley in said block; thence North along the East line of said alley 10 feet to the SW corner of said Lot 1; thence East along the South line of said Lot 1, 120 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado PARCEL 2: The North 1/2 of Lot 2, and the South 1/2 of Lot 3 Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 3: The North 1/2 of Lot 3, all of Lot 4 and the South 8.23 feet of Lot 5 Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 4: The North 33.87 feet of Lot 5 and the South 16 feet 2 inches of Lot 6, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March 1869,County of Pueblo, State of Colorado. TOGETHER with vacated streets and alleys adjacent to the above property, if any Commitment No. 7572932 FINAL AFFIDAVIT AND INDEMNITY The undersigned, as General Contractor and /or Owner(s) and Purchaser(s), for the purpose of inducing TRANSNATION TITLE INSURANCE COMPANY to issue its Loan and /or Owner's Policy for Title Insurance in connection with the property as described in Schedule A of Commitment No. 7572932 without exception as to mechanic's or other statutory liens, or any rights thereto, where no notice of said liens or rights appear of record, do hereby make the following representations to TRANSNATION TITLE INSURANCE COMPANY with full knowledge and intent that said Company shall rely thereon: OWNER'S AND /OR GENERAL CONTRACTOR'S STATEMENT: 1. That all persons, firms and corporations, including the General Contractor, and all subcontractors, who have furnished services, labor or materials, according to plans and specifications or otherwise used in connection with the construction of improvements on the real estate herein described, have been paid in full or will be paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made, or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3. That all of the improvements constructed on the real estate herein described were completed on or before the date of closing. PURCHASER'S STATEMENT: 1. That the improvements on the land have been fully completed by the General Contractor and accepted by the undersigned as complete and satisfactory. 2. That the full purchase price has been paid by said Purchasers to satisfy all contractual and legal obligations of the owner, including all amounts due to the principal contractor or subcontractors for payments of services, labor or materials. 3. That said premises are to be occupied by said Purchasers. Commitment No.: 7572932 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the construction of said improvements which have not been paid. 5. The undersigned have not caused, agreed to or contracted for any materials to be furnished or work to be done on said improvements which materials or labor have not been paid for in full or which materials or labor could give rise to mechanic's or other statutory liens; and have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings placed upon or installed in said premises. THEREFORE THE UNDERSIGNED DO HEREBY AGREE TO PROTECT, DEFEND AND HOLD HARMLESS TRANSNATION TITLE INSURANCE COMPANY AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, COSTS AND ATTORNEY FEES BY REASON OF ANY CLAIMS OR LIENS ASSERTED WITH RESPECT TO THE MATTERS DESCRIBED IN THE ABOVE PARAGRAPH(S). THIS PARAGRAPH SHALL APPLY ONLY TO EACH OF THE UNDERSIGNED AS IT RELATES TO WHICHEVER OF THE CONTRACTORS, OWNERS OR PURCHASERS STATEMENT(S) AS IS APPROPRIATE. Seller(s) SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation -- BARBARA FORTINO, P SIDENT BY DESZ VIAL, SEC ETARY STATE OF COLORADO ) ) as. The foregoing instrument was acknowledged before County of PUEBLO ) me this 20TH day of FEBRUARY, 2001, by BARBARA FORTINO as President DESI VIAL as Secretary of SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation My commission expires August 11, 2001 witness my hand and official seal. OLIVj- .. NOTARY PUBLIC NOTAR * 627 North Main Street PUBLIC O Pueblo, Colorado 81003 \ o N�9TF F o�OQQ. REAL PROPERTY TRANSFER DECLARATION (TD -1000) J GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39 -14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the thirty days of notice, the assessor may impose a penalty of $25.00 or .0258 (.00025) of the sale price, whichever is greater. This penalty may be imposed for'any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. ------------------------------------------------------------------------------------ 1. Address and /or legal description of the real property sold: Please do not use P.O. box numbers. 205, 213 -215, & 223 -225 N. SANTA FE, PUEBLO, COLORADO 81003 SEE ATTACHED LEGAL 2. Type of property purchased: _Single Family Residential _Townhome _Condominium — Multi-Unit Res XCommercial _Industrial Agricultural _Mixed Use Vacant Land 3. Date of Closing: February 20, 2001 4. Total sale price: Including all real and personal property. $ 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. _Yes I No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services a of the date of closing. ,r Yea _No If yes, value If yes, does this transaction involve a trade under IRS Code Section 1031? _Yes )'�No 7. Was 1008 interest in the real property purchased? Mark "no" if only a partial interest is being purchased. _:&.es _NO If no, interest purchased 8. 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes �No 9. Check any of the following'that apply to the condition of the improvements at the time of purchase. _New _Excellent Good Average _Fair _Poor Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. Type of financing: (Check all that apply) _New _Assumed _Seller Third Party _Combination; Explain Al 12 Terms: _Variable; Starting interest rate $ _Fixed; Interest rate $ Length of time years Balloon payment _Yes _No. If yes, amount Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. X For properties other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14 -16 if applicable. otherwise skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? _Yes 4No If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? _Yes 1-:1--Po If yes, date of contract 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? Yes Remarks: Please include any additional information concerning the sale you may feel is important. t 17. Signed thi day of .C.l�i2ty4 S , 20 Enter the day, month and year, have at lea t one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. Signature of antes (Buyer )A or Grantor (Seller)_ 1 City Hall Place ( 719 ) 545 -4412 Address (mailing) Daytime Phone Pueblo CO 81003 City, State and Zip Code ATTACHMENT TO REAL PROPERTY TRANSFER DECLARATION Legal Description: Lot 1 and the South 1/2 of Lot 2, Block 29, in that part of the present City of Pueblo Which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the probate judge of said Pueblo County, in March 1869, County of Pueblo, State of Colorado, and that portion of Second Street in said City adjoining said lot; bounded and described as follows, to -wit: COMMENCING at the SE Corner of said thence South along the West line of thence West parallel with the South East line of an alley in said block; thence North along the East line of of said Lot 1; Lot 1; Santa Fe Avenue, 10 feet; line of said Lot 1, 120 feet to the said alley 10 feet to the SW corner thence East along the South line of said Lot 1, 120 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado PARCEL 2: The North 1/2 of Lot 2, and the South 1/2 of Lot 3, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. The North 1/2 of Lot 3, all of Lot 4 and the South 8.23 feet of Lot 5, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 4: The North 33.87 feet of Lot 5 and the South 16 feet 2 inches of Lot 6, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March 1869,County of Pueblo, State of Colorado. W A R R ANT Y DR ED THIS DEED, Made this 20TH day of FEBRUARY, 2001 between SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantor, and THE CITY OF PUEBLO, a Municipal Corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantee, whose legal address is 1 CITY HALL PALCE, PUEBLO, COLORADO 81003 WITNESSETH, That the grantor, for and in consideration of the sun of FIvE HUNDRED THOUSAND AND 00 /100, ($500,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate,lying and being in the County of PUEBLO and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 205, 213 -215, & 223 -225 N. SANTA FE, PUEBLO, COLORADO 81003 TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and coney the same in manner and fora aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, incumbrances and restrictions of whatever kind or nature soever, except general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN ii ITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribae�� by its president, and its corporate seal to be hereunto affixed, attested by its DNS , IAL as Secretary secretary, the day and year first above written. AtCedt :,.; SANGRE DE CRISTO ARTS AND CONFERENCE By DESI VI � STATE OF COLORADO } CENTER, INC., a Colorado Non - profit Corporation - BARB FORT`1NO, PRESIDENT ) ss. The foregoing instrument was acknowledged before County of PUEBLO ) me this 20TH day of FEBRUARY, 2001, by BARBARA as President DESI VIAL as Secretary of SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation My commission expires August 11, 2001 Witness my hand and official seal. No. 767 Rev. 6 -85 o ��, \E OUV j N OTARY .4 N PUBLIC o OF C P� B` �0 NOTARY PUBLIC 627 North Main Street Pueblo, Colorado 81003 PARCEL 1: "EXHIBIT All LEGAL DESCRIPTION Lot 1 and the South 1/2 of Lot 2, Block 29, in that part of the present City of Pueblo Which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the probate judge of said Pueblo County, in March 1869, County of Pueblo, State of Colorado, and that portion of Second Street in said City adjoining said lot; bounded and described as follows, to -wit: COMMENCING at the SE Corner of said thence South along the West line of thence West parallel with the South East line of an alley in said block; thence North along the East line of of said Lot 1; Lot 1; Santa Fe Avenue, 10 feet; line of said Lot 1, 120 feet to the said alley to feet to the SW corner thence East along the South line of said Lot 1, 120 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado PARCEL 2: The North 1/2 of Lot 2, and the South 1/2 of Lot 3, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 3: The North 1/2 of Lot 3, all of Lot 4 and the South 8.23 feet of Lot 5, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County, March 1869, County of Pueblo, State of Colorado. PARCEL 4: The North 33.87 feet of Lot 5 and the South 16 feet 2 inches of Lot 6, Block 29, in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March 1869,County of Pueblo, State of Colorado. TOGETHER with vacated streets and alleys adjacent to the above property, if any REAL ESTATE TAX AGREEMENT Escrow No.: 7572932 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: 205, 213 -215, & 223 -225 N. SANTA FE PUEBLO, COLORADO 81003 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION Taxes have been prorated on an estimate of $8,443.04 (TOTAL FOR 2000) for the year 2001. AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full. OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S /TREASURER'S OFFICE AND /OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) THE CITY OF PUEBLO, a Municipal Corporation BY .Pct-'GURULZ, —R // ��yBE,,",NT- 4ZT�COU.NCIL ` ?i - y4f - *Kv Seller (a) SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation _r BY /-11 /c% _ o HAGGIS �BISS, EXECUTIVE DIRECTOR This agreement executed this 20TH day of FEBRUARY, 2001. ESCROW NO.: 7572932 TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer : BONNIE OLIVIERI SR. ESCROW OFFICER Title No. : 7572932 Date : February 20, 2001 SELLERIS CLOSING STATEMENT Setler(s) : SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non- profit Corporation Property: 205, 213-215, & 223 -225 N. SANTA FE PUEBLO, COLORADO 81003 Lengthly see commitment Buyer(s) : THE CITY OF PUEBLO, a Municipal Corporation DEBIT CREDIT C ontract Sales Price ..................................... ............................... $500,000.00 LAND EXCHANGE ............................................. ............................... 500,000.00 PAYOFF PUEBLO COUNTY TREASURER 2000 PROPERTY TAX PARCEL X05- 361 -28- 002 ............................... 1,785.04 2000 PROPERTY TAX PARCEL X05- 361 -28- 003 ............................... 2,480.36 2000 PROPERTY TAX PARCEL X05- 361 -28- 011 ...... ......................... 608.40 2000 PROPERTY TAX PARCEL X05- 361 -28- 019 ............................... 3,569.24 8,443.04 PRORATIONS COUNTY TAXES (TOTAL $8,443.04) ......... 01/01/01 to 02/20/01 ..................... 1,156.58 LENDER CHARGES: RESERVES TITLE CHARGES REALESTATE CLOSING FEE ................................... ............................... 125.00 OWNERS TITLE INSURANCE PREMIUM ............................ ............................... 776.00 RECORDING FEES, TRANSFER TAXES ADDITIONAL CHARGES * * * ** SUB TOTAL 510,500.62 500,000.00 RECEIPT DUE FROM SELLER 10,500.62 $510,500.62 $510,500.62 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non - profit Corporation BY �� ),, � -Q-I A MAGGIE.D"IVISS, EXECUTIVE DIRECTOR Broker By: Transnation Title Insurance Company By: BONNIE OLIVIERI TRANSNATiON TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer: BONNIE OLIVIERI SR. ESCROW OFFICER Buyer(s): THE CITY OF PUEBLO, a Municipal Corporation Property: 205, 213 -215, 8 223 -225 N. SANTA FE PUEBLO, COLORADO 81003 Lengthly see commitment Title No. : 7572932 Date : February 20, 2001 Seller(s): SANGRE DE CRISTO ARTS AND CONFERENCE CENTER, INC., a Colorado Non- profit Corporation DEBIT CREDIT Contract Sales Price ..................................... ............................... $500,000.00 LANDEXCHANGE ............................................. ............................... PRORATIONS COUNTY TAXES (TOTAL $8,443.04) ......... 01/01/01 to 02/20/01 ..................... LENDER CHARGES: RESERVES TITLE CHARGES REALESTATE CLOSING FEE ................................... ............................... 125.00 TAX INFORMATION SERVICES ( 4) .... ............................... .......................... 60.00 RECORDING FEES, TRANSFER TAXES Warranty Deed ............................................ ............................... 10.00 ADDITIONAL CHARGES REFUND DUE BUYER 500,000.00 1,156.58 * * * ** SUB TOTAL 500,195.00 501,156.58 %1.58 $501,156.58 $501,156.58 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. THE CITY OF PUEBLO, a Municipal Corporation BY AE — GURUL , OUNCIL BUYER'S CLOSING STATEMENT Broker By: Transnation Title Insurance Company By: BONNIE OLIVIERI � � J Commitment No. 7572886 C -3 FINAL AFFIDAVIT AND INDEMNITY The undersigned, as General Contractor and /or Owner(s) and Purchaser(s), for the purpose of inducing TRANSNATION TITLE INSURANCE COMPANY to issue its Loan and /or Owner's Policy for Title Insurance in connection with the property as described in Schedule A of Commitment No. 7572886 without exception as to mechanic's or other statutory liens, or any rights thereto, where no notice of said liens or rights appear of record, do hereby make the following representations to TRANSNATION TITLE INSURANCE COMPANY with full knowledge and intent that said Company shall rely thereon: OWNER'S AND /OR GENERAL CONTRACTOR'S STATEMENT: 1. That all persons, firms and corporations, including the General Contractor, and all subcontractors, who have furnished services, labor or materials, according to plans and specifications or otherwise used in connection with the construction of improvements on the real estate herein described, have been paid in full or will be paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made, or are now outstanding as to any materials, appliances, fixtures, or furnishings placed upon or installed in said premises. 3. That all of the improvements constructed on the real estate herein described were completed on or before the date of closing. PURCHASER'S STATEMENT: 1. That the improvements on the land have been fully completed by the General Contractor and accepted by the undersigned as complete and satisfactory. 2. That the full purchase price has been paid by said Purchasers to satisfy all contractual and legal obligations of the owner, including all amounts due to the principal contractor or subcontractors for payments of services, labor or materials. 3. That said premises are to be occupied by said Purchasers. 4* Commitment No.: 7572886 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the construction of said improvements which have not been paid. 5. The undersigned have not caused, agreed to or contracted for any materials to be furnished or work to be done on said improvements which materials or labor have not been paid for in full or which materials or labor could give rise to mechanic's or other statutory liens; and have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings placed upon or installed in said premises. THEREFORE THE UNDERSIGNED DO HEREBY AGREE TO PROTECT, DEFEND AND HOLD HARMLESS TRANSNATION TITLE INSURANCE COMPANY AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, COSTS AND ATTORNEY FEES BY REASON OF ANY CLAIMS OR LIENS ASSERTED WITH RESPECT TO THE MATTERS DESCRIBED IN THE ABOVE PARAGRAPH(S). THIS PARAGRAPH SHALL APPLY ONLY TO EACH OF THE UNDERSIGNED AS IT RELATES TO WHICHEVER OF THE CONTRACTORS, OWNERS OR PURCHASERS STATEMENT(S) AS IS APPROPRIATE. Seller(s) CITY OF PUEBLO, a Municipal Corporation �' s! z Buyer /Borrower(s) COUNTY OF PUEBLO COLORADO BY /! T J. PE N, CHAIRMAN POARD OF COUNTY COMMISSIONERS STATE OF COLORADO } COUNTY OF PUEBLO } The foregoing instrument was acknowledged, subscribed and sworn 20th day of February, 2001 by Thomas E. Jagger as City Attorney a Municipal Corporation and Matt J. Peulen, as Chairman of the Commissioners for County of Pueblo Colorado WITNESS MY HAND AND OFFICIAL SEAL. COMMISSION EXPIRES 08/11/2001 to before me this for City of Pueblo Board of County k!corded at _ Reception No. Recorder. WARRANTY DEED THIS DEED, Made this 20th da of February, 2001 wit: between Pueblo, a Municipal Corporation sometimes known as City of Pueblo, a Municipal Corporation VCQQt)QQC tlD duly organized and existing under and by virtue of the laws of the State of Colorado grantor and Pueblo County Colorado, a political subdivision of the State of Colorado iKCQDW*dD7r duly organized and existing under and by virtue of the laws of the State Of - Colorado grantee; whose legal address is 2 West 10th Street, Pueblo, Colorado 81003 WITNESSETH, That the grantor, for and inconsideration of the sum of Ten Dollars and other good and valuable consideration ------ -------------------------- X>IO1xVM the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the • County of Pueblo and State of Colorado, described on Exhibit "A" attached hereto and incorporated herein also known by street and number as: None. Documentary Fee: None - Exempt. TOGETHER, with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, incumbrances and restrictions of whatever kind or nature soever,Q{ subject to general taxes for the year 2001 and subseqquent years, easements, covenants, restrictions and reservations of record; rights granted to the Greater Pueblo Chambe of Commerce by Ground Lease dated December 1, 1998 and amended pe December 11, 2000; and rights of parties in possession under parker The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be beltunto afj 4;jltpted by its secretary, the day and year first above written. Attesly /r1 . 4 Pueblo, a Municipal Corporation sometimes known as I' Ci tv,,caf/ i h1n -. a Municipal f?nrnnr;: tWCle STATE OF COLORADO, o'clock — M., Countyof Pueblo The foregoing instrument was acknowledged before me this Al Gurule, as res. of r ,. of Pueblo, a �1 My commission expires : 9 - 21 - Witness my hand and official seal. *If in Deover, insert "City and ". C nawcat Y. y Council I as. 20 +h da February, 2001 ,by :)uncil& Gina Dutcher, as City Clerk )gorporation. �. Z Nom. p (J \G •' O 9T OF COQ - V I Notary Public M YGO MMIssion Expires08 . 'a"Addrosso Oculist NuwlyCMW Legal Descr+wmt438- 3sla.5.CP-&) ts. No. 767. Rev. 6-92. WARRANTY DF,ED (Carpatioa to curpuratim) Bradford PubWWng, 1743 Waaee SL, Denier CO 80202 — (303) 292 -2300 — 8-93 r EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: Lot It Block 21, PARCEL 2: Lot 2 and the South 9 feet 4 in in width of Lot 3, Block 21 PARCEL 3: The North 33 feet 4 inches in width of Lot 3 and the South 16 feet in width of Lot 4, Block 21 PARCEL 4: The South 25 feet in width of the North 26 feet 8 inches in width of Lot 4, Block 21 PARCEL 5: The North 1 foot 8 inches of Lot 4 and the South 28 feet 8 inches of Lot 5 1 Block 21 PARCEL 6: The South 6 feet in width of Lot 6 and a strip f the West end and 15.63 feet wide at the East end land width o North side of Lot 5, Block 21 , in width off the at PARCEL 7: All that portion of Lot 6, Block 21, described as follows: 24 feet South OfpthetNorthwest Corner Of said he aeftBlockAvenue; thence South along the East line of said Avenue 12 St and 8 inches; feet a thence East parallel with the South line of 4th West line of the alley in said Block; feet 1 feet to the thence North along thence the.West line of said alley 12 feet and 8 inches; the West parallel with the South line of said 4th Street, 120 feet to point o£ beginning, PARCEL.8: The North 24 feet of Lot 6, Block 21 All in that part of the present City Platted by H.M. Fosdick, Civile Eneer Pueblo which was surveyed and Pueblo County, in March 1869 Engineer, for the Probate Judge of said County of Pueblo, State of Colorado Together with vacated streets and alleys, if any, adjacent to the above Parcels of property Reserving and retaining, however, in the Grantor the right to develop, construct and install parking facilities above all or parts of the surface of the above described property, together with the right to construct and install on the surface of the ground, columns and structural supports for such parking facilities; provided, however, that the design and construction of all ramps, parking facilities, pillars, and other structures impacting the loss of parking spaces on the surface of the above described property must be approved in advance by the County and the Arts Center, which approval will not be unreasonably withheld or delayed; and provided, however, that in no event shall such ramps, parking facilities, pillars or other structures reduce the number of parking spaces on the surface of the above described property below eighty-four (84) total spaces as those spaces are currently configured on the above described property. The Grantee recognizes that twenty (20) of the currently configured ninety (90) spaces are subject to the Ground Lease with the Greater Pueblo Chamber of Commerce. REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39 -14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the thirty days of notice, the assessor may impose a penalty of $25.00 or .0258 (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. ------------------------------------------------------------------------------------ 1. Address and /or legal description of the real property sold: Please do not use P.O. box numbers. 4th & Santa Fe Parking Lot, Pueblo, Colorado 81003 SEE ATTACHED LEGAL 2. Type of property purchased: Single Family Residential _Townhome _Condominium — Multi-Unit Res Qefim ercial — Industrial Agricultural _Mixed Use _Vacant Land — //Other /'sRt - '1V :,-- >' C' �.�.<?r•� �y c �. 3. Date of Closing: February 20, 2001 4. Total sale price: Including all real and personal property. $ Gid cb O 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. _Yes ✓ 10 If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of i real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. _ ✓Yea _NO If yes, value $ .f9.Jr'0 .ter - 2a+ � � ✓�� If yes, doad this transaction involve a trade under IRS Code Section 1031? Yes o 7. Was 1008 interest in the real property purchased? Mk "no" if only a partial interest is being purchased. A ea _No If no, interest purchased 8. 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. _Yes '9. Check any'of the following'that apply to the condition of the improvements at the time of purchase. � _New Excellent 05ood Average _Fair _Poor _Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ IV14 11. Type of financing: (Check all that apply) _New _Assumed _Seller _Third Party _Combination; Explain 7;v - -9.b F - L.•a gr tg 'jo 12. 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. rd ?'4 - lFF �^►T ire �a Jae N c � For properties other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14 -16 if applicable. Otherwise skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? If yes, franchise or license fee value $ Yes V1Qo 15. Did the purchase price involve an installment land contract? _Yes L. tI!5� If yes, date of contract 16. If this was a vacant land sale, was an on -site inspe ion of the property conducted by the buyer prior to the closing? _Y1 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this 26 'WA day of �2` G�/i; O�ry , 20 Enter the day, month and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. Signature of Grantee (Buyer)x or Grantor (Seller)_ 215 West 10th Street Address (mailing) Terms: _Variable; Starting interest rat _$ _Fixed; Interest rate 8 Length of time years Balloon payment _Yes _No. If yes, amount Due date Pueblo, CO 81003 ( 719 ) 583 -6000 Daytime Phone City, State and Zip Code ATTACHMENT TO REAL PROPERTY TRANSFER DECLARATION Legal Description: PARCEL 1: Lot 1, Block 21, PARCEL 2: Lot 2 and the South 9 feet 4 inches in width of Lot 3, Block 21 PARCEL 3: The North 33 feet 4 inches in width of Lot 3 and the South 16 feet in width of Lot 4, Block 21 PARCEL 4: The South 25 feet in width of the North 26 feet 8 inches in width of Lot 4, Block 21 PARCEL 5: The North 1 foot 8 inches of Lot 4 and the South 28 feet 8 inches of Lot 5, Block 21 PARCEL 6: The South 6 feet in width of Lot 6 and a strip of land 16.50 feet wide at the West end and 15.63 feet wide at the East end, in width off of the North side of Lot 5, Block 21 PARCEL 7: All that portion of Lot 6, Block 21, described as follows: Commencing at a point on the East line of Santa Fe Avenue; 24 feet South of the Northwest corner of said Block; thence South along the East line of said Avenue 12 feet and 8 inches; thence East parallel with the South line of 4th Street 120 feet to the West line of the alley in said Block; thence North along the West line of said alley 12 feet and 8 inches; thence West parallel with the South line of said 4th Street, 120 feet to the point of beginning. PARCEL 8: The North 24 feet of Lot 6, Block 21 All in that part of the present City of Pueblo which was surveyed and platted by H.M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March 1869, County of Pueblo, State of Colorado REAL ESTATE TAX AGREEMENT Escrow No.: 7572886 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: 4th & Santa Fe Parking Lot Pueblo, Colorado 81003 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION Seller is tax exempt. No prorations. AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full. OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S /TREASURER'S OFFICE AND /OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) COUNTY OF PUEBLO COLORADO 6 n" � MATT : PEULEN, CHAIRMAN ARD OF COUNTY COMMISSIONERS Seller(s) CITY OF PUEBLO, a Municipal Corporation • i. This agreement executed this 20TH day of FEBRUARY, 2001. ESCROW NO.: 7572886 TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer: BONNIE OLIVIERI SR. ESCROW OFFICER Title No. : 7572886 Date : February 20, 2001 BUYER'S CLOSING STATEMENT Buyer(s): COUNTY OF PUEBLO COLORADO Seller(s): CITY OF PUEBLO, a Municipal Corporation Property: 4th 8 Santa Fe Parking Lot Pueblo, Colorado $1003 Lengthly see comm itment DEBIT CREDIT Contract Sales Price ..................................... ............................... $500,000.00 LAND EXCHANGE ............................................. ............................... 500,000.00 PRORATIONS LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE ................................... ............................... 125.00 TAX INFORMATION SERVICES .................................. ............................... 15.00 RECORDING FEES, TRANSFER TAXES Warranty Deed ............................................ ............................... 10.00 ADDITIONAL CHARGES * **** SUB TOTAL 500,150.00 500,000.00 RECEIPT DUE FROM BUYER 150.00 $500,150.00 $500,150.00 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. COUNTY OF PUEBLO COLORADO BY MAWT J. PEULEN, CHAIRMAN BOARD OF COUNTY COMMISSIONERS Broker By: Transnation Title Insurance Company By: BONNIE OLIVIER[ TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer : BONNIE OLIVIERI SR. ESCROW OFFICER Title No. : 7572886 Date : February 20, 2001 SELLER'S CLOSING STATEMENT Sellers) : CITY OF PUEBLO, a Municipal Corporation Buyer(s) : COUNTY OF PUEBLO COLORADO Property: 4th 8 Santa Fe Parking Lot Pueblo, Colorado 81003 Lengthly see commitment DEBIT Contract Sales Price ..................................... ............................... LAND EXCHANGE ............................................. ............................... 500,000.00 PAYOFF PRORATIONS LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE ................................... ............................... 125.00 OWNERS TITLE INSURANCE PREMIUM ............................ ............................... 976.00 RECORDING FEES, TRANSFER TAXES ADDITIONAL CHARGES CREDIT 1500,000.00 * * * ** SUB TOTAL 501,101.00 500,000.00 RECEIPT DUE FROM SELLER 1,101.00 1501,101.00 1501,101.00 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. CITY OF PUEBLO, a Municipal Corporation Broker By: rte_ Transnation Title Insurance Company By: BONNIE OLIVIERI