HomeMy WebLinkAbout10031RESOLUTION NO. 10031
A RESOLUTION APPROVING A SECOND MODIFICATION TO THE AGREEMENT DATED AS OF
MARCH 27, 2003 BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND GARY ANZUINI AND IDA
ANZUINI AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Second Modification to the Agreement dated as of December 22, 2003 between
Pueblo, a Municipal Corporation and Gary Anzuini and Ida Anzuini, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The President is authorized to execute and deliver the Second Modification Agreement in
the name of the City.
INTRODUCED December 22, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President of City Council
ATTEST: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION 10031
DATE: December 22, 2003
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING A SECOND MODIFICATION TO THE AGREEMENT
DATED AS OF MARCH 27, 2003 BETWEEN PU. EBLO, A MUNICIPAL CORPORATION
AND GARY ANZUINI AND IDA ANZ. UINI AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council Approve the Modification Agreement?
RECOMMENDATION
None.
BACKGROUND
The AnzuJnis have requested a six month additional extension to the January 27, 2003
Purchase and Sale Agreement for a portion of HARP private property in order to obtain
addition time to plan the project and resolve development issues. For additional
information please review the attached December 5, 2003 letter from Mr. and Mrs. Anzuini.
FINANCIAL IMPACT
None.
Second Modification A~eement
This Second Modification Agreement entered into as of December 22, 2003 between
Pueblo, a Municipal Corporation (Seller) and Gary Anzuini and Ida Anzuini (Buyer), Witnesseth
Whereas, Seller and Buyer entered into a Purchase and Sale Agreement dated January 27,
2003 and a Modification Agreement dated March 27, 2003 (herein collectively the "Purchase
Agreement"), and
Whereas, Buyer has requested additional modifications to the Purchase Agreement which
Seller is willing to grant upon the terms and conditions herein contained.
Now therefore, in consideration of the foregoing and mutual covenants contained herein,
Seller and Buyer agree as follows:
1. Section 3.1 of the Purchase Agreement is hereby amended to read as follows:
The closing of the purchase of the Property (Closing) shall be at the offices of
Title Company in Pueblo, Colorado. Closing shall take place no later than June 30, 2004.
Seller shall designate the date and time of Closing.
2. The first sentence of Section 4.1 of the Purchase Agreement is amended to read as
follows:
Buyers shall have until May 31, 2004 (the Approval Date) to determine the
feasibility of locating Buyers' planned project on the Property,
3. Section 6.6 of the Purchase Agreement is deleted in its entirety since Buyer does
not intend to subdivide the Property.
4. Section VI of the Purchase Agreement is amended by adding the following new
section 6.9:
6.9 Easements. Buyer shall grant to Seller easements for existing
improvements on the Property which are by mutual agreement not to be removed by
Seller.
5. The Purchase Agreement as amended and modified by this Second Modification
Agreement shall remain in full force and effect, provided, that ifa conflict exists between the
provisions of this Second Modification Agreement and the provisions of the Purchase
Agreement, the provisions of this Second Modification Agreement shall control to the extent of
such conflict.
E~cuted at Pueblo, Colorado as of the day and year first above written.
C( c,4~"'~-1-~_~ Pueblo, a Municipal Corporation
. Gary Arv2~ni ~ .....