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HomeMy WebLinkAbout09266RESOLUTION NO. 9266 A RESOLUTION APPROVING THE DONATION OF A BUILDING TO LA GENTE YOUTH PROGRAM WHEREAS, the City Council of the City of Pueblo by Resolution # 8573 approved the purchase of certain single — family residences from the State of Colorado Department of Transportation for relocation due to the expansion of I -25 highway; and WHEREAS, the City Council of the City of Pueblo by Resolutions # 8927 and # 8900 approved CDBG funds to La Gente in the amount of $25, 000 and $20, 000 for the renovation ofthis building. Cost to move the building will be absorbed by the City in the amount of $4,000; and WHEREAS, the transfer of a City owned building to a non - profit agency, to be remodeled into a recreational center, serves the youth of Eastwood Heights, a low to moderate - income neighborhood; and WHEREAS, the attached Agreement for transfer of building has been approved as to form by the City Attorney; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION I. The attached agreement is hereby approved and The President of the City Council is authorized to approve the transfer of this building. INTRODUCED: April 9, 2001 i ��J \I 0 9 9 011FANmil! OF CITY COUNCIL ATTESTED B'� CITY CLERK Resolution No. 9266 M11 Background Paper for Proposed RESOLUTION AGENDA ITEM # a ;), DATE: April 9, 2001 DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT TITLE A RESOLUTION APPROVING DONATION OF BUILDING TO LA GENTE YOUTH PROGRAM. ISSUE Request approval of the transference of title of a building from the City of Pueblo to a non — profit organization to be utilized as a community center and recreation facility in the Eastwood Heights neighborhood. RECOMMENDATION The Department recommends the approval of the transfer of property. BACKGROUND The City of Pueblo purchased homes from the State of Colorado Dept. of Transportation for the 1 -25 expansion. One of the homes had a large garage and rather than the City having to demolish the building the Department contacted several non — profit organizations. La Gente Youth Sports was very interested in having the building located in the Eastwood Heights neighborhood near St. Anne's Church and to convert this building to a community center. The La Gente Board proceeded to find a site in the neighborhood for the building to be located on. Lots were located at 2804 E. 12 St. near St. Anne's Church at the corner of east 12 St. and Clovis St. owned by Pueblo County. La Gente contacted the Pueblo County Commissioners and made application to have the lots donated to their organization. The building will be set on a foundation and will be renovated with CDBG funds approved by City Council through Resolution No's 8927 and 8900. An architect has prepared all plans and specifications and the project is ready to proceed upon approval of this resolution. Please note that the Exhibit "A" calls for the attachment of plans and specifications of the proposed rehabilitation, due to the size of said documents they have not been included. Plans and specifications are available from our Department for review. FINANCIAL IMPACT City Council by Resolutions # 8927 and # 8900 approved the request for CDBG funding to La Gente in the amount of $ 25, 000 and $ 20, 000 for the renovation of the building. Cost to move the building will be absorbed by CDBG funds for $4, 000. AGREEMENT FOR COMMUNIT1 DEVELOPMENT SERVICES (Subrecipient Agreement) (non -profit entit) ) THIS AGREEMENT ( "Agreement ") is made and entered into this 9th day of April, 2001, by and between the City of Pueblo, a Municipal Corporation, hereinafter referred to as the "City" and La Gelnte Youth Sports, Inc., a Colorado Nonprofit Corporation, hereinafter referred to as the "Subrecipient." WITNESSETH THAT: WHEREAS, the City has entered into grant agreements with the U.S. Department of Housing and Urban Development ( "HUD ") whereby federal financial assistance may be made available to the City under Title I of the Housing and Community Development Act of 1974, as amended to date; and WHEREAS, pursuant to such grant agreements the City is undertaking certain activities necessary for the execution of a project situated in the project area described in the Scope of Services; and WHEREAS, the City desires to disburse funds to the Subrecipient to execute certain projects and/or perform certain services in connection with such undertaking of the City; and WHEREAS, Subrecipient has represented to City that it is duly qualified, eligible and willing to undertake certain projects and/or services identified herein and in the Scope of Services attached hereto; and NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: SCOPE OF SERVICES: RESPONSIBILITIES OF SUBRECIPIENT (a) Subrecipient agrees to satisfactorily perform and complete all services and items of work, and furnish all labor and materials encompassed within or reasonably necessary to accomplish the tasks and functions described in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference, in full compliance with all provisions of this Agreement. Generally, the work to be accomplished by Subrecipient involves the erection and refurbishment of a salvaged structure or structures transferred to Subrecipient by City, and all related work, including provision of landscaping and off -street parking and drainage facilities, to render same fully suitable for use as a neighborhood community center. (b) Subrecipient nnarrants and represents that it: (i) has the requisite authority and capacity to perform all terms and conditions on Subrecipient's part to be performed hereunder (ii) that it is duly organized as a non - profit organimtionnunder state law and is in good standing with the Secretary of State of Colorado; (iii) that it is fully aware of and understands its duty to perform all functions and services in accordance with the regulatory requirements of 24 CFR Pat 570 and those identified in Exhibit "C" hereto; and (iv) that it is accepting federal financial assistance hereunder subject to certain mandatory repayment provisions. (c) Subrecipient warrants that it holds, or within thirty (30) days of the date of this Agreement shall hold, fee simple title to a parcel of real property located within the County of Pueblo, State of Colorado, described as: West 102 feet of the South 89 feet, East 202 feet of the South 89 feet, and East 40 feet of West 80 feet of South 89 feet of Lot 3, Block 3, Atwater Subdivision, hereinafter referred to as the "Property." RESPONSIBILITIES OF THE CITY The City shall designate a representative of the City who will be authorized to make all necessary decisions required of die City on behalf of the City in connection with the performance of this Agreement and the disbursement of funds in connection with the program. In the absence of such a designation, the City Manager shall be deemed as City's authorized representative. PAYMENT TO SUBRECIPIENT (a) The City will pay to Subrecipient, on a reimbursement basis, an amount up to that specified in subparagraph (c) of this paragraph for all services and work to be performed or undertaken by Subrecipient under this Agreement. Payment of fiords to Subrecipient is subject to all of the following requirements, which shall be conditions precedent to payment: (i) that Subrecipient has expended funds for eligible approved expenditures, (ii) that Subrecipient is not in default of any material provision of this Agreement nor applicable laNi or regulation, (iii) that Subrecipient has timely submitted requests for payment or reimbursement detailing the eligible payment or reimbursement items in a format approved by City, (iv) that Subrecipient has certified with each payment or reimbursement request compliance with the requirements identified in Exhibit "C" and that all expenditures for which reimbursement is sought were made for and in furtherance of an approved project and are an eligible use of federal assistance under the Act and federal regulations, (v) that City has timely received from HUD sufficient federal assistance under the Act to make the payment or reimbursement hereunder, (vi) that Subrecipient holds fee simple title to the Property, and (vii) that Subrecipient has executed a deed of trust securing its obligations under this Agreement which constitutes a first lien upon the Property. (b) Payment hereunder is also subject to and may only be disbursed in accordance with applicable HUD regulations including but not limited to those at 24 CFR Part 570, as presently promulgated and as same may be revised from time to time in the future, all other tenus of this Agreement, and any special provisions in the Scope of Services. All payments received by Subrecipient hereunder are subject to repayment by Subrecipient as provided in 24 CFR Part 570. (c) The aggregate of all payments made hereunder shall not exceed Forty Thousand Dollars (U.S. $ 40.000.00 ). (d) Upon expiration of the tens of this Agreement or upon any prior termination, Subrecipient shall trmsfer to City any fiords provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (e) In addition to the foregoing, the City shall, upon proof by Subrecipient of ownership of the Property. transfer to Subrecipient by Bill of Sale, in a form substantially identical to Exhibit "D" attached hereto, all of City's interest in a salvaged garage -type structure or structures (the "Structure ") which is presently located upon the Property. The transfer of the "Stricture" is made AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND SELLER (City) EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The parties stipulate that the value of the Structure in its present condition and location is Twenty -four Thousand One Hundred Fifty -five Dollars ($ 24.155.00 ). 4. TERM OF AGREEMENT The term of this Agreement shall be from September 25, 2000 to December 31, 2001 unless sooner terminated as herein provided. TERMINATION OF AGREEMENT (a) For Cause This Agreement may be terminated by City for cause, including any nonperformance by the Subrecipient, upon ten (10) days written notice to Subrecipient including a statement of the reasons therefor, and after an opportunity for a hearing has been afforded. If a hearing is requested, it shall be held before the City's Director of Housing and Community Development whose decision shall be final. The determination of the Citv as to the cause of termination and the appropriateness thereof sliall be final and binding upon both Cite and Subrecipient. In accordance with 24 CFR 85.43, cause for termination shall include any material failure by Subrecipient to comply with any terni of this Agreement. (b) For Convenience This Agreement may be terminated for convenience in accordance with the provisions of 24 CFR 85.44. This Agreement shall automatically terminate at the end of its term as well as in the event of any suspension, reduction or non- receipt of Community Development funds by City. (c) Post Termination Procedures In the event of termination, all properly acquired by Subrecipient with grant fiords, all grant funds, program income, and loans originated with grant funds or by payments therefrom and payments received tinder such mortgage loans, held, owned or retained by the Subrecipient shall inunediately become the sole and separate property of the City and the Subrecipient shall perform all acts and execute all instruments necessary to transfer and assign such property, funds,, income, and mortgage loans to City. All finished or unfinished documents, data, studies, reports and work product prepared by the Subrecipient under this Agreement or with grant 5inds shall, at the option of the City, become City's property and the Subrecipient shall be entitled to receive just and quitable compensation onl , f , )r satisfactory work completed for which compensation has not previously been paid nor reimbursement made. ASSIGNABILITY This Agreement shall not be assigned or transferred by the Subrecipient without the prior written consent of the City. Any assignment or attempted assignment made in violation of this provision shall, at City's election, be deemed void and of no effect whatsoever. 7. CONFLICT OF INTEREST The Subrecipient certifies and warrants that neither it nor any members of its Board of Directors, officers or employees has or will derive any personal or financial interest or benefit from the activity or activities assisted pursuant to this Agreement, nor has an interest in any contract , subcontract or agreement with respect thereto, nor the proceeds thereunder, either for themselves or for those with whom they have family or business ties, during their tenure and for one year thereafter. Subrecipient shall avoid all conflicts of interest which are prohibited by applicable federal regulations, including but not limited to those set forth in 24 CFR Part 570 as presently promulgated and as same may be revised from time to time in the future. SUBRECIPIENT RECORDS Subrecipient shall maintain records as to all services provided, reimbursable expenses incurred in performing the Scope of Services and complete accounting records. Accounting records shall be kept on a generally recognized accounting basis and as requested by the City's auditor. The Subrecipient agrees to comply with all applicable uniform administrative requirements described or referenced in 24 CFR 570.502. The Compliance Provisions attached as Exhibit "B" hereto are made a part of this Agreement and Subrecipient agrees to perform and comply with same. The City, HUD, the Comptroller General of the United States, the Inspector General of HUD and any of their authorized representatives, shall have the right to inspect and copy, during reasonable business hours, all books, documents, papers and records of the Subrecipient which relate to this Agreement for the purpose of making an audit or examination. Upon completion of the work and end of the terns of this Agreement, the City may require all of Subrecipient's financial records relating to this Agreement to be turned over to City. MONITORING AND EVALUATION The City shall have the right to monitor and evaluate the progress and perfornance of the Subrecipient to assure that the terms of this Agreement are being satisfactorily fulfilled in accordance with HUD's, City's and other applicable monitoring and evaluation criteria and standards. The City shall at least quarterly review the Subrecipient's performance using on -site visits, progress reports required to be submitted by the Subrecipient, audit findings, disbursement transactions and contact with the Subrecipient as necessary_ . The Subrecipient shall furnish to the Citv monthly or quarterl program and financial reports of its activities in such form and manner as may be requested by the City. Subrecipient shall fully cooperate with City relating to such monitoring and evaluation. 10. SUBRECIPIENT FILES AND INFORMATION REPORTS The Subrecipient shall maintain files containing information which shall clearly document all activities performed hi conjunction with this Agreement, including, but not limited to, financial transactions, conformance with assurances, activity reports, and program income. These records shall be retained by the Subrecipient for a period of three years after the completion of the project. Activity reports shall be submitted monthly or quarterly no later than the ninth day of the month following the end of month or quarter for which the report is submitted. 11. INDEPENDENCE OF SUBRECIPIENT Nothing herein contained nor the relationship of Subrecipient to City, which relationship is expressly declared to be that of an independent contractor, shall make or be construed to make Subrecipient or any of Subrecipient's agents or employees the agents or employees of the City. Subrecipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. 12. LIABILITY, INSURANCE (a) As to the City, Subrecipient agrees to assume the risk of all personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the performance or nonperformance of this Agreement by Subrecipient or by the conditions created thereby. Subrecipient further agrees to indemnify and save harmless the City, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties and attorney fees arising from such injuries to persons or damages to property or based upon or arising out of the performance or nonperformance of this Agreement by Subrecipient or out of any violation by Subrecipient of any statute, ordinance, rile or regulation. (b) Subrecipient agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other that its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (c). (c) The minimum insurance coverage which Subrecipient shall obtain and keep in force is as follows (i) Workers' Compensation Insurance complying with statutory requirements in Colorado. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, a nd Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (d) In the event Subrecipient's obligations under this Agreement are secured by a deed of trust or mortgage instrument as provided in paragraph 14(c) of this Agreement, Subrecipient agrees to procure and maintain, at its own expense, hazard and fire insurance upon the property described in said deed of trust on an "all risk" form in such amounts as City's Department of Housing and Community Development may require, but in any event, for not less than the amount of all liens against the property and the amount of funds provided by City pursuant to this Agreement. Subrecipient shall furnish a certificate of insurance certifying such coverage to City's Director of Finance prior to disbursement of any funds to Subrecipient. Both said certificate of insurance and the policy procured b� Subrecipient shall name the City as a loss payee. 13. CERTIFICATIONS 7 he Subrecipient agrees to execute and abide by the certifications contained in Exhibit "C" hereto, which are hereby made a part of this Agreement. 14. PROGRAM INCOME: REVERSION OF ASSETS. (a) Unless otherwise authorized by City in writing, all program income shall be returned to City within 30 days of receipt by Subrecipient In the event City authorizes Subrecipient to retain any portion of program income, it shall only be used to accomplish the work set forth in the Scope of Services, and the amount of grant fiords payable by City to Subrecipient shall be adiusted as provided by 24 CFR §570.504(b)(2)(i) and (ii). (b) Upon expiration of the term of this Agreement, or upon any prior termination, Subrecipient shall tninsfer to City any finds provided hereunder which are on hand at the time of expiration or termination together with any accounts receivable attributable to the use of funds provided hereunder. (c) Any real property under Subrecipient's control that was acquired or improved in whole or in part with finds provided pursuant to this Agreement in excess of U.S. $25,000 shall either (i) be used to meet one of the national objectives set forth in 2=4 CFR §570.205 until five years after expiration or termination of this Agreement, or (ii) not be used in accordance with subparagraph (c)(i), in -vwhich event Subrecipient shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of funds not provided under this Agreement for the acquisition of, or improvement to, the property. The use restriction and repayment obligation set forth in this subparagraph shall survive termination or expiration of this Agreement and shall be fitly enforceable and subiect to collection by City or HUD in accordance with applicable laws. If requested by City, Subrecipient shall execute a deed of trust or mortgage instrument which shall be and constitute a lien upon all real property acquired or improved with funds provided hereunder, and which shall secure all obligations of Subrecipient hereunder. (d) In the event City incurs any cost or expense in enforcing the requirements of this paragraph 14 or in bringing any action to recover the property or amount of any repayment obligation, City shall be entitled to recover its costs and expenses, including reasonable attorneys fees. 15. SPECIAL REQUIREMENTS APPLICABLE TO IMPROVEMENTS TO PROPERTY (a) In addition to all procurement requirements otherwise applicable to Subrecipient pursuant to any other provision of this Agreement orpusuant to any requirement of law or regulation incorporated in this Agrectnent by reference, if any portion of the funds provided to Subrecipient under this Agreement is to be used for making improvements to real property, including new construction, rehabilitation, or remodeling_ then in such event Subrecipient shall comply with all requirements of this Paragraph 15. (b) No improvements shall be undertaken to real property with funds (or reimbursement) provided hereunder unless and until: (i) plans and specifications therefor have been prepared by either a registered Professional Engineer in good standing and duly licensed to practice in the State of Colorado or an Architect dui licensed and authorized to conduct a practice of architecture in the state of Colorado; (ii) such plans and specifications have been filed with the City and approved by both the City's designated representative and the City's Director of Public Works; and (iii) all construction contracts for improvements for which payment is sought from Citw shall have been awarded only after an open, competitive bidding process which has been approved by City's Director of Purchasing and which allows qualified contractors to reasonably participate in the competitive bidding procedures. (e) If this Paragraph 15 is applicable, no disbursement of funds to Subrecipient shall be made by Cite hereunder unless and until all conditions precedent to payment specified elsewhere in this Agreement have been satisfied and Subrecipient files with City's Director of Housing and Community Development a written request for payment signed by an officer of Subrecipient that certifies (i) that the amounts included in the request for payment have not been included in any prior request for payment, and (ii) that the improvements listed therein for which payment is sought have been completed in accordance with the approved plans and specifications therefor. (d) In every contract for construction of improvements for which payment or reimbursement from Citv is to be provided under this Agreement, Subrecipient shall include a contract clause or clauses, approved by City's Director of Purchasing, requiring the contractor, and all of die contractor's subcontractors of all tiers, to comply with the requirements of the Davis -Bacon Act and implementing regulations, and to pay all laborers and mechanics engaged in work upon the improvements at the prevailing wage rates for such work as determined by the U.S. Department of Labor. 16. RECOGNITION OF HUD. CITY hi all printed materials, project descriptions and other activities undertaken with funds provided under this Agreement, Subrecipient shall provide recognition that funds have been provided by the U.S. Department of Housing and Urban Development and die City of Pueblo. Recognition shall be accomplished by prominent disclosure of the role of HUD and the City in all such printed materials and project signage, if any. 17. ENTIRE AGREEMENT: AMENDMENTS The provisions set forth in this Agreement, and all Exhibits and attachments to this Agreement, constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement, shall be binding unless made in writing and executed by the duly authorized officers of both the Subrecipient and City. 1S. SIGNATURES The persons signing this Agreement on behalf of Subrecipient represent and warrant that such persons and Subrecipient have die requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of Subrecipient enforceable against Subrecipient in accordance with its terms. IN WITNESS WHEREOF, the Subrecipient and the City have executed this Agreement as of the date first above written and under the laws of the State of Colorado. ATTEST: Ci B [SEAL' ATTEST: Secretary By Jol 6 Madrid, resident F:AFILES'', CITY\ HOUSING \LA- GENTE \SUBAG�IT2.WPD Subrecipient: LA GENTE YOUTH SPORTS, INC. EXHIBIT "A" 1. Subrecipient shall erect, remodel and refurbish the salvaged structure or structures located upon the Property and construct all parking and drainage facilities and landscaping required by ordinances and local codes so that the Property may be used as a neighborhood community center. The work upon the structure or structures, and other improvements, shall be accomplished in accordance with the plans, specifications and drawings prepared by d ame of architect/engineerl Gregory A. Van , attached hereto and incorporated herein by reference. The completed community center shall be constructed so as to comply with all applicable building and zoning codes and be fully accessible to disabled persons. 2. Within 180 days of execution of this Agreement, Subrecipient shall have completed all remodelling and refurbishment activities and have occupied the structure for the intended use required herein. 3. For a period of not less than 15 years after date of this Agreement, Subrecipient shall faithfully occupy and use the property acquired only for the purpose of a neighborhood community center. In the event such use shall be discontinued or lapse for a period or periods in excess of 30 days for any reason, City shall be entitled to terminate this Agreement for cause, and /or recover the assistance provided hereunder, or recover the property, or recover both the property and such assistance, and to exercise any one or more of the remedies permitted under the Agreement or law or both. NOTE: HOUSING DEPARTMENT MUST ATTACH PLANS, SPECIFICATIONS AND DRAWINGS TO THIS EXHIBIT BEFORE EXECUTION EXHIBIT B COMPLIANCE PROVISIONS INCORPORATED IN A CONTRACT FOR SERVICES An accounting system using the accrual basis of generally accepted accounting principals which accurately reflects all costs chargeable (paid and unpaid) to the project should the project terminate the next day is mandatory. A receipts and disbursements ledger must be maintained . A general ledger with an income and expense account for each budgeted line item is necessary. Paid invoices revealing check number, date paid and evidence of goods or services received are to be filed according to the expense account they were charged. The City must review and approve your account system and internal controls prior to the release of funds. 2. There is no flexibility on budgets. Line items may be changed only by the City's written concurrence of a budget amendment. 3. A log listing all long distance telephone calls must be maintained (showing date, city and agency called, person making call and person called). 4. Eligible expenses are those considered reasonable and necessary costs for the efficient operation of the program as determined by the City. All costs must be budgeted items. Requests for advance or reimbursements of expenses must be accompanied by: 1. Original Invoice marked with funding source 2. Detailed listing of each expense showing: a) recipient b) brief description of purchase C) amount with method of computation detailed Cost Summary must be submitted on a monthly basis to reflect entries through the closing date for the books (indicate Closing Date on Cost Summary). All employees handling funds are required to be insured by a fidelity bond. 6. The City shall not be obligated to any third parties of the contractor. Each contractor is further cautioned against obligating funds beyond the contract date of the agreement between the City and the contractor. (Example: rent or lease agreements, service contracts, insurance, etc.). 7. The contractor will furnish the City such statements, records data and information, and permit such interviews with personnel as the City may request in order to effectively monitor and evaluate the project. 8. City auditors will periodically make interim audits and may upon completion of the project, make a final audit. 9. All records must be retained by the agency for a period of three years following the last day of each contract. (Cost summary reports must reflect actual general ledger balances.) EXHIBIT C CERTIFICATIONS with: Subrecipient hereby certifies that the grant will be conducted and administered in compliance (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d, et sew_) and implementing regulations issued at 24 CFR Part l; (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C. 3601, et SeMc .) as amended; and that the grantee will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing; (3) Section 109 of the Housing and Community Development Act of 1974, as amended and the regulations issued pursuant thereto; (4) Section 3 of the Housing and Urban Development Act of 1968, as amended; (5) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60; (6) Executive Order 11063, as amended by Executive Orders 12259, and implementing regulations at 24 CFR Part 107; (7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended; and implementing regulations when published for effect; (8) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing regulations when published for effect; (9) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42; (10) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; (11) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234); (12) The applicable regulations, policies, guidelines and requirements of OMB Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110, A -122, A -128 and A -133 as they relate to the acceptance and use of federal funds under this federally- assisted program; (13) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)]; (14) HUD environment criteria and standards [24 CFR Part 51, Environmental Criteria and Standards]; (15) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and 21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h) -303 (e)); (16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as amended; including but not limited to section 7 (16 U.S.C. 1536) thereof, (17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as amended; particularly section 7 (b) and (c) [ 16 U.S.C. 1278 (b) and (c)]; (18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et. seq.); particularly section 3 (16 U.S.C. 469a -1); as amended by the Archeological and Historical Preservation Act of 1974; (19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)]; (20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et. seq.); particularly sections 2 and 5; (21) It will comply with the Lead -Based Painting Poisoning Prevention requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U. S. C. 4821 et. seq.); (22) The National Historic Prevention Act of 1966 (16 U.S.C. 470 et. seq.) as amended; particularly section 106 (16 U.S.C. 470f); and (23) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et. seq); particularly section 2 (c). (24) Construction work financed in whole or in part with federal funds is subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and 5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety Standards Act (Public Law 91 -54, 83 Stat. 96). When a project meets this applicability requirement, the labor standards provisions of the HUD 4010 and the Davis Bacon Wage Decision issued for the project will be incorporated into this contract document and shall be incorporated into all construction contracts and subcontracts of any tier thereunder. (25) No CDBG funds may be expended for lobbying purposes and payments from other sources for lobbying must be disclosed 24 CFR Part 87. (26) Where asbestos is present in property undergoing rehabilitation, Federal requirements apply regarding worker exposure, abatement procedures and disposal. CPD -90 -44 EPA/OSHA ignature EXHIBIT "D" BILL OF SALE THIS INSTRUMENT is executed and delivered this y day of , 2001 by the City of Pueblo, a municipal corporation ( "Pueblo ") to La Gente Youth Sports, Inc., a Colorado Nonprofit Corporation ( "Grantee "). WHEREAS, Pueblo and Grantee have entered into an Agreement For Community Development Services dated April 9, 2001 (hereinafter referred to as the "Agreement "); and WHEREAS, pursuant to the Agreement, Pueblo agreed, upon terms set forth in the Agreement, to transfer to Grantee the structures and other improvements located upon real property described as West 102 feet of the South 89 feet, East 202 feet of the South 89 feet, and East 40 feet of West 80 feet of South 89 feet of Lot 3, Block 3, Atwater Subdivision, (the "Property ") NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements set forth in the Agreement, the receipt and sufficiency of which is hereby acknowledged, Pueblo does hereby grant, bargain, sell, transfer and convey unto Grantee ali of its right, title and interest in and to the salvaged structures and improvements presently located upon the Property and warrants title to same, subject to the following covenants and conditions: THE IMPROVEMENTS ARE CONVEYED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. IN WITNESS WHEREOF, Pueblo has caused this Bill of Sale to be duly executed as of the date first above written. ATTEST: City ' erg: CITY OF PUEBL , A M I IPAL RATION By of tlle- (� STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before this 4 day of , 2001 by Al Gurule as President of City Council and Gina Dutcher, City Clerk. Witness my hand and official seal. 8- 2/ -2603 otary Public F:\FILES\CITY\HOUSINGTA-GENTE\EXHIBTS2.WPD -5-