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HomeMy WebLinkAbout10109RESOLUTION NO. 10109 A RESOLUTION APPROVING THE AGREEMENT FOR THE SALE AND PURCHASE OF THE GOODNIGHT BARN PROPERTY FROM CONTINENTAL MATERIALS CORPORATION, A DELAWARE CORPORATION, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A WARRANTY DEED FOR THE PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement For Sale and Purchase of Property dated April 20, 2004, between the City and Continental Materials Corporation, a Delaware Corporation relating to the purchase of the Goodnight Barn property and Warranty Deed, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Agreement For Sale and Purchase of Property together with all other documents associated therewith in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $190,942.00 for the purchase of the property are available and will be expended from Account No. 260- 9510 - 600.70- 01 /PL0206. INTRODUCED April 26, 2004 BY Michael Occhiato Councilperson A oo- �/ Ictc-R Background Paper for Proposed RESOLUTION AGENDA ITEM # Iq DATE: APRIL 26, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING THE AGREEMENT FOR THE SALE AND PURCHASE OF THE GOODNIGHT BARN PROPERTY FROM CONTINENTAL MATERIALS CORPORATION, A DELAWARE CORPORATION, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A WARRANTY DEED FOR THE PROPERTY ISSUE Should City Council approve the purchase of the Goodnight Barn property from Continental Materials Corporation, a Delaware Corporation? RECOMMENDATION Approval of the Resolution. BACKGROUND The City will be approving the purchase of the 1.5 acres of property including the Goodnight Bam for the amount of $190,942.00 using $165,000 of Colorado State Historic Funds and funds contributed from the Elizabeth Hudspeth Park Fund and the Pueblo County Historical Society. The property is currently owned by Continental Materials Corporation, a Delaware Corporation (Transit Mix of Pueblo), and was used until December, 2003 for a gravel and concrete batch plant operation. Transit Mix, Inc., has moved its operations to another location in Pueblo County and has closed its operation at the site. The budget for the project is $220,000, which includes the following funding sources: $165,000 Colorado Historical Society $ 26,050 Elizabeth Hudspeth Park Fund $ 13,000 Pueblo County Historical Society (contributions from Packard Foundation $6,000; Chamberlain Foundation $4,000; Christmas Foundation $3,000) $15,950 Frontier Pathways Nat. Scenic & Historic Byway (Federal Highways Byway Grant ($14,950 and donation of $1,000) $220 TOTAL COST The expenses for the $220,000 project includes the following: $185,000 Property Purchase $ 10,000 Subdivision Exemption Plat $ 3,500 Environmental Review Report $ 5,000 Real Estate Appraisal $ 500 Title Insurance and Closing Costs $ 12,000 Historic Site Inventory $ 4,000 Interpretation Plan Design $220 TOTAL COST As a condition of the grant from the Colorado State Historical Society, the City of Pueblo will be required to grant a preservation easement to the Pueblo County Historical Society. The Goodnight Barn is the last remaining structure of the Goodnights Rods Canyon Ranch, which was established in 1869. The structure was placed on the National Register of Historic Places on July 30, 1974. The acquisition will alleviate the threat of the Barn being sold to the National Ranching Heritage Center, a part of Texas Tech University. FINANCIAL IMPACT The cost of $190,942.00 for the Goodnight barn property would be paid from account 260 - 9510-000.70-01 in the Goodnight Barn Acquisition Capital Project Account number PL0206. APR -20 -04 04:19PM1 FROM-TRANSIT MIX CONCRETE CO T19 4TS -0226 T -849 P.002 /010 F -322 AGREEM> NI' FOR SALE AND PURCHASE OF PROPERTY Agreement mad% Jars r- 1e _ 2004, between�gntineetal Materiels t7orooratioc. a Niawam corporation (herein rebcm:d co es "Selke) and the Oty of Pueblo. amtmicipal corporation (herein "Purchaser"). 1. §Ak� Seller shag sell and convey, and the Purchaser shall purchase all of the real property described in Exhibit "A" anacbed hereto and incorporatod herein locatedin Pueblo County, Colorado. together with all tenements, hereditamesits, appurtenances. and casements thereunto belonging or appertaining, all buildings. structures, fixtures, additions and impmvements therom and all adjacent vacated streets, alleys and public rights of way, if any (the "Property "). 2. )Flxtura The teem "Gxmm" as used in paragraph 1 indudes the plumbing, beating and air conditioning systems and all other fixtures. equipment and personal property attached or appurtenant to or used in connection with the Property or buildings thereon (except buildings to be removed pursuant to paragraph 18) to the extent presently located on the Property and to the extent owned by Seller except the personal property described in Fatbibit "13" attached hereto. 3. PunchacePrc — r, The putchassptice. not tooweedis One Hundred MnetvThoosmd Cline Hundred Forty Two a_ dd No/l_00 Dollars (U.S. $19OX -2(f01 is to be allocated and paid as follows: (a) a ent. Ou Hundred Nipr�y Thousand Aline Hu decd Forty Two and MIN Dollars M.S. $ 190942001 will be paid at the time of closing subject to compliance by Seller with Seller's warranties and mptesentarions contained herein. (b) [There is no paragraph 3(b)] (c) Aiyigon of Put &1q Price Amonp„§eller. If Seller is mom than one entity or person, Faymeat of the purchase price shat be to all entities/persons defined as Seller jointly, and shall be divided among them as such entities/persons comprising Sella may agree. 4. I ielcs fincumbranccs The Property is sold and will be conveyed free of all Genm charges, encumbrances, equities of any nature, rights of parties to or in possession, taxes and assessments, except current year taxes and NO 01HER EXCM=N 5. Marketable ZSfle Good and marketable title to the Property will be conveyed by Seller to Pumhaser by warranty deed in proper statutory form duly executed, acknowledged and ready for recording and by bill of sale. 6. OPoortionmcnts The ad valorem Taxes for the year of sale forboih real and personal property, water and sewer charges, and other utilities will be apportioned as of the date of closing. Ali special assassatems, if any, shall be paid in full by Seller. If rite closing shall oecur before current year taxes are fixed, the apportionment of taxes shall be based upon the prior year trill levy applied to the latest assrssed valuation. 7. Closin . The date of closing shall be as determined by mutual agreement of Seller and Purchaser but shall be no later than May 28 .2004 The time and place of closing Shall be designated by Purchaser. 8. sellees eammWoas Seller represents and warrants: (O Seller has full power and authority to execute, deliver aad perform this Agreement and at closing all acts of Seller necessary and requited for such execution, delivery and performance of this Agteettunt will have been taken. (b) There is no t p or, to theknowledge of Seller, threatened any suit, adion or proceedings against or affecting the Seller or the Property before or by any coast, arbitrator, administrative agency or other gnvemme0ml authority that materially and adversely affect the validity, as to the Seller. of any of the amssedoas contemplated hereby or the ability of the seller to perform their obligations hereunder or as contemplated hereby. ... ......... APR -20 -04 04:19PM FROM- TRANSIT MIX CONCRETE CO 719 475 -0226 T -849 P.003 /010 F -322 (c) Selletowns and atelosingwHiconvcy toPurchasergoodandmadmWetitie to the Property free of all lice, charger, enclunba mces, equities of any nature, eights of parries in possession, taxes add atsemnicAts,except cu=tyeartaxei and tbose matters Otherwise specifically cxcepted in paragraph 4 haeof_ (d) No notice or requests have been received by the Seller from any insurance company issuing any policy of insurance covering dhe PMPUty rcgncsdng the prxformaaea Of any work with respect to the Property which has not ben lblly complied with_ Any such nodoes or r equests received prior to closing shah be fuliycompliedwithbythe Seller at theirexpm:e priorto closing. (a) Todoi mowledgeof Seger. the Propwy and itsprrseammdonotviolmany provision of any appllcsble building or fire code. federd or stela enviromnent or pollution control law, or any other governmental statutes, rules, ordinances, orders. or regulations. Seller does not warrant that, were Ow improvements w be constructed or reconstructed at the present tint°, they would comply with cumemt codes and regulations. (f) The land included in the desraiption of the Property is contiguous, and all puNic utilities required for the use and operation of the Property either cam the property through adjoining public streets or if they pass through private lands they do so in accordance with valid easunaus. (g) The buildings and ott= statctmes upon the Property rue eatimly within the boundary lines of the Property, there are: no ®etoachments thuson. (h) Purchaser shall not become hable for crobligatedtopayaoybroker 's,floder's, consultant's fees or similar fees i0 connection with the negotiation, a=utoa or consummation of this Agreement. Alt such fns shall be paid by Seller. () At the tine ofelosing, the Pmpettysballnothavebeenmateriallyoradversely affected in any way asaresult of ft explosion, earthquake. accident, or other taping of property by governmental authority, flood, windstorm, riots or am of God or the public enemy. () l xcgx as otherwise pmvidod herein, the Property. buildings. fixtdras, equipment and imptovetneuls will be conveyed at closing in their condition and state of repair as of the date of this Agnootnent. (k) Except as odwWlse provided herein, neithorthe Properly Of the interests of Seiler therein is limited or restricted by, or subject to, any of the following: W Rights orclaimsof parties in possession atumeror not shown bythe public records. (u) Basc od % of claims of easements, wbether' or not shown by the public records. (iiQ Diserspand. conflicts in boundary lines, Shortage in area. cncroaChmcmt9, and any facts which a Coteau survey and inspection of rho premises would disclose wham or not shown by the politic records. Qv) Anyl icn, Orrigbttoalica, forsCrvkes ,'*w'ormataWhaetofoMor hereafter fm'nishcd, imposed by law whether or not shown by tbo public records. (v) Taxes due and Pnyablo. any tax. special assessments, chMV or lien imposed for water or sewer service, excePraurteOt year Soot ad valorem taxes. 0) The list of personal properly to be famished under pafaFVh 14 is tree, correct and acau'ate. • .. .... ...... .. nn.n .a. 1n n, ,r.,. APR -20 -04 04:20PM FROM - TRANSIT MIX CONCRETE CO 719 475 -0226 T -849 P.004 /010 F -322 9. PurchUCei Itej+resentariona Pumbxser represents and warrants: (a) The Porchaser is amanicipal corporation duly organised, existing and in good standing under the laws of the State of Colorado. (b) The Purchaser has fall power and authority to execute, deliver and perform this Agreement and at the time of closing all acts of the Purchaser necessary for sash execution, delivery and performance of this Agreement will have been taken. lo. 5ellee Q= to rfotm Tune is of the cescim hereof and anhxs, at the time of closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale, transfer and oonveyaace provided hcrein to be made by them or otherwise to effectuate thairpart of the purchase and sale herein provided: (a) The mpmsentations andwarn iaties setforth in paragraph 9 herein are, on the data hereof and as of the time of closing, careet, subject to any cheap permitted heroin or any action approved by the Porrhm". (b) The Purchasarbas complied With its agreements tobepesformedhadabyit prior to the tittle of closing. ll. PurdasWzDutyroPedornL Time is ofdleesaencehatof and unkss ,at the timoof closing, the following conditions we sadsfied, the Porcham &ball not be obligated to pay the consideration as provided for herein or otherwise toeffectuareits partofthepmehaw andsaleberein provided: (a) MwtepmmtatiomandwxmtiesofftSelkrcontdnedho insbdlbckm in all respects as of the time ofdosing as tbocgh such representations and warranties wem than made in exactly the same language and rho seller shall have performed all obligations and complied with all covenants required by this Agrtcriurt to be pedoamed or complied with by Seller prior to the closing dace. (b) The Seller have complied with their agreements herein to be performed by them prior to the time of closing. (C) The Purehmr shall have m=ivcd from dm Seller the (i) warranty deed and bill of sale. (ii) title insurance commitmcnR 010 pueblo CountyT*smr sceldfccateofpersonal and real esmretaxce and special assessments on the Property, mail (iv) complete list of personal property. if any. (d) The MUlts of envitomnental inspection do not indicate a level of contamination of 'be Property which is deemed unacceptable m purchaser. IZ. RnM:,M= This Agreement tray be terminated upon written notice at any tittle priorto closiagbyPurcbaserorthe Scllerifthesehas beenamstaiai misrepresentation orbreaoh of wasenty on the part of the o th er pw W in represaMations and wa iranties set forth in this Agreement. 13. possession 1340idatea beI.. ,.. Possession Of the Property shall be delivered by Selleronorbeforoclosieg. The parricsaclmowledgetbatlfPorcbaserdoesnotobtsinpossessiouby thisdaw and dine, purl asermay incur a substantial loss. Cousegttendy, if Seller shall tali or rcf= to deliver possession of the Property to Purchaser on or before said dare and throe. Seller shall be subject to eviction and shall be liable for liquidated damages in the amount of $ 500.00 for cWh and every calendar day ibereaftcr until possession is delivered cc obtained. 5�=. • •• ... ... ........ n,T Imrtr 7 r,n nrtnnnf ITT 167i7 7nT in n7 if 7V APR -20 -04 04:20PM FROM- TRANSIT MIX CONCRETE CO 719 475 -0226 T -849 P.005 /010 F -322 14. personatProoetty. VritWn20dayieftrmmtionoftbisAgcoementbySeller .Salter will deliver to Purchaser a oomplcta list of all chattels. fixtures and equipment located on the propcaty or used in connection with the Property or buildings thereon. and owned by Seller, except the personal property described in Exhibit % and a description of same shall be included in the bill of We w be delivered at closing. 15. rtdgLnmM=Qommhmcn t At low IS days � p '1. ri . � o . r . � t . o � dosing, Seller will ddlverto Purchaser a commitment for a policy of tide !=010000 ("Commitmcne , agreeing to ISSY4 to Purchaser. upon the recording of the warranty deed to purchaser coveting the Property, an ALTA owner's policy of title insuraneo for the Property in the amount of the potcbase price, la form and content acceptable to counsel for the Purchaser, insuring marketable. title to the Propotty in Purchaser. without exceptions or exclusions, free and clear of all Hens. charges, encumbrances, equities of any nature, tights of parties in possessmassessracats and taxes, a mptcun'=yeerand those ratters otherwise specifically Provided in pategraph a heroes crtle Policy°). Sewer will sense the Title Policy to Issue and be delivered, at their cost and expense, to Purchaser within 20 days after closing. 16. Sneeial errancy Seller guarantees and warrants to Purchaser that (a) All of the creditors of Seiler, as of closing date, shall be paid by Seller when their bills are dra. (b) Seller. at Seller' expense. sbalr mdcmaify and hold Pnrchaserharmless from any claim of a creditor ofSdIer, which claim arises under the Colorado Uniform C mmercial Code, or any statute intended for the protection of creditors or similar Ears. 17. Enyitonsucatal Xnsttection (a) During the period between the effective date ofthis Agmanent 80 Purchaser obtaining possession. Seller grants to Purchaser, and to nwebaser's employers, agents, cortraotwa and consultants, the right to eats upon and inspoct the Property for the purpose of evaluating sod inspootingthe property to dtdetmiae theexatence.presence; andexteatofany underground storage W&. petroleum prodacts, solvents, volatile organic compounds, lead, lead based paint. asbestos. and of hazardous substances in. on. OrupontbePrope . wbedw1oeatod above orbdowtheSwund sutthoe or in or upon any building or srructttre located thereon, in connection with Purchaser's intendod m;quicltioa of the Property. Ia performing its evaluation anti iaspetuion of the Property. Purchaser shall have the right. at Atrchasces soie can and expense. to conduct such studies. I nspeeoons, cvalnations, audits, environmental assessments, and surveys (harelaaftW enller:tivety referred to as "envirournental aseessmena" as Purchaser may deem appropriate. As part of web environmental assessments, Purchaser is authorized to perform or conduct any soil, groundwater. lead or asbestos testa it dooms necessary, and to take samples of soil, gmaudwatar. paint and other materidslocaIedinoruponsheproperty. pttrabwuisattdWd2edtopet {nansttbsanf excavadoa, bom testing, aid drilthtg upon the PropertY and to establish Otte or more groundwater = "dwring wdls. This right to insperris no t intaded, nor Should it beeonstrued.toiml)IMUI onPo a liability or responsibility whatsoever for any c0dtalnumrr nt, mitigation, ranediadiort, temovad9 or cleamtp with respect to any pre wdozing condition discovered or revealed by Purchaser's activities pursuant to this instrument, provided, however. that Purchaser shall at its own expanse property dispomofsamplesofson ,waterorodwmaterials mm as byPu b asonsbl thoPf xorsepa pa d y theeventpurchasardoesnotpurcbase Propom ofboroholes physical damage to the Property dircedy cansed by its activities, including the plugging and 410sum Of mOnit0699 wells. if any. ( b) rrhere is no snbparagrA* (b) (o) The parties acknowWge that a Phase I Emironntetttal Site Assessment has heretofore been perbnnrd by AU-Phase lEnyhonmcrtttil Corrsrlta M dated Novetnber20, 2003 (the (Phase IReport). Prior to date of closing, Seller Shall, at genr " Pease' undertake and oompkle, in accordance with act app laws all Barre s drorras, buckets, mauls, and otbcr containers or actions and rePab's so dic property W Remove from the property vessels cont"fil; any quantity or residue of any solvent, petroleum based Substance, chemical compound, oil. gteaw, waste, or similar material, and (In Remove all stained soils identified in the Phase I Report to the full extent of tho depth of the stain or discoloration, and OW Restore the am NNIM .....air, TTTn nmemeT TT r7.7 .TnT ;in.n7.Ylk APR-20 -04 04:21PM FROM - TRANSIT MIX CONCRETE CO 719 475 -0228 T -849 P.006 /010 F -322 surface with clean replacement fm, compacted in lifts not exoneding 12" each, to pre - removal elevations, vrwdu nine months after the date of dosing Seller shall. at Seller's expense, undo t*e and complete in aecordame with all applicable laws and tegoiations the complete Vernovel of the ehxxticel ttansiotater located upon thePmperty. Purchaser shag Lave the tight to have aalnspector of its choosing and expense present during the removal of stained soil to atswe complete retaoval. (d) Senor agrees t hat () if any tekascortbceateaed release of hazardous materials from the property occlus within seven (7) years of the date of closing, whom the source of such hazardous irrgutoriels existed upon the property prior to the date of dosing, or (ii) if any adverse environmental condition is diaeoveted by ptttehaser within seven (1) yens of the data of dosing. and It is determined that such adverse aivironmenral condition a ac prior to such closing, than in eitber event, Seller shall be responsible ror the expense of any requited cleanup or remediatico of such release or thredened teleast and cotreotion of such enviro nantal condition, and shall indemnify and hold Purchaser harmless from all lfaldlityarisiog from the release, tlmeaoened release or adverse environmental condition. As used in this paragraph. the tam "adverse environmental condition" means (i) the contamination of the soil. air or water (whether surface water or ground water) of the property by bazaudons substances or hazardous wastes; (ii) the contamination of die soil, air or water (whether surface water or ground water) of any piece of realty adjoining the Property due to a release of hazardous substs ices or hazardous wastes upon the Property, or (iil) the presence of hazardous substance or hazardous wastes which ate stored upon the Property. As used in ENS paragraph, the tetra "liability' mans any claim or action (wbdhw civil, criminal or adminisnativa and whether brought by any goveanaoental entity or nan- govemmenad entity or person), judgment, settktneot, damages, fine, penalty, Ions or expense brought against, Imposed upon. suffered by or paid by Purchaser. Liability shall also include pmvhmes attorneys' fees. cautt costs. consultants' fees. experts' fees, andoiberlitigadoa- srleased expe Seller exptegaly guarantees that it will umune all costs incurred by purchaser W. (i) investigating rite aatote and xmcrityofthe adverse epvironnnmtal condition; Cj) conducting studies to dotermlue the impact of the adverse cnviroaroental coudition upon the public health; (iii) eWnineting the adverse eavlronmead condition; (iv) conducting tests fallowing the clean up in order to de[Cl duc whether muediai efforts have been sec o=ful: and (v) compensating any pet son. ortbe estate, heirs orboneficlariesOfsuchpomms who suffered injury or death as a result of the adverse ettvitonmontal condition. (e) The provisions of this paragraph ate intended to and shall =viva closing. 1& P�v_ironmeotal ,,.. ultaritqs and Centta ADM Prior W porebaser selecting any environmental consultant or regiediation caactor, Purchaser shall advise Seller of the identity of wt same and Seller shall have tan (14) days )Eton the date ofdr- 4"Iyupetannally delivered or the date of mailing if mailed) to provide comment on same, and to not* Purchaser whether Seller has aeasonableobjccdontosatne. p basaraballnutbeendt ledtotreoverftomSella rp ani g i W it 17 of this Agteemsut for the costs orexpeuses of any eoaanitant or contractor far which Seiler has timely giver notice to Pumhascr of trasonable objection. 19. err cl a ff two or more persons constitute the Seller. the word "Seller" Shan be construed as if it read "Sellers" whenever rho sense of do Agreement so requires. " '. 71rn rV err 'nti rurr 1117MV19 61,11 619964 W4 E:Z 121 to- OZ -1av APR -20 -04 04:22PM FROM- TRANSIT MIX CONCRETE CO 719 475 -0226 T -849 P.007 /010 F -322 20. Risk of Lase. The risk of loss or damage to the property or to tenants or occupsets thereof or their property by fire or other casualty Is assamed by the seller until the delivery of possession of the property to Purchaser 21. Enrom= Time is of the =some hereof and rids Agroomentmay be speeifiesUy enforced. In the event of any litigation arising out of this Agwment. the Court may award to the prevailing party all reasonable costa and expense4 including anoracys lees. 22. Aurvival of $ppreaerlWons The respective represcaftfians, warranties, covenants and agreements of the parties hereto or any instrument delivered or m be delivered hereunder sha11 survive the time of closing. 23. once Any notice. rvquest, instruction or other document to be given hereander by any patty hereto to the other shall be in writing and shall be delivered personally or sent by certified mail, postage prepaid; if to Purcliam, addressed to it at 1 City Hall Place, Puebla Colorado, 81003, Atleution: City Manager: and if to Seller. at Conturental Materials do Transit Mix Concrete. Attn: Gerald L Haman, P.O. Box 1030. Colorado Springs, CO 80901. 24. Mposes - Each Party heretos hallscparatelybearitseapenses incurred ineonnecdon with thisAgmement and Meannection with all things reguiredtobe dw byeachheteander.except that costs of recording documents, obtaining title Insurance, and other incidental costs associated with the purchase of the property shall be paid by Purchaser. 25. TnticaUadergaadinrs. This Agmemaaisentered into afterflsll investigation. neitha party relying upon any statement orreprosentation oftbe orbs notcontained herein. This Agreement contain the corn understanding oftheparties hereto relating to the subject matter herein contained and this Agreement cannot be changed or terminated orally_ 26. 94YfWngIaws This Agteementshall begovemodbyandoonsrroedinaocadance with the laws of the State of Colorado. 27, AMMMA& For the convenience of die parties Hereto and to facU,itate the filing and recording of this Agreement, it maybe executed in one or moreomntcrparts, each of which shad be doomed to be an original, but all of which shall constitute one and the same Agreement. 2& I+ JaDgWStto][birdbift Noddughomi aexprescedorhWUedisiWadcdordmU be construod to conferopon or give any person, firm or corporation. otberthan thepardes hereto, any rights or remedies under or by reason bored. 29. AAii ggigrY of u The persons siVgng this Agmemeat an bebalf of Seller represent and warrant that rbey have the requisite power and authority to enter into, cmente and deliver this Agroeaaerit oa behalf of firirrospective party sad that thereafter upon timelyexecudon by the purchaser, this Agreement sba l be a valid and legally entotoeable agreement in accordance With its terms. 30. - ,^^* hypmehserAKrildpteCountrrnarts. This Agleement Maybe exaa* din two or more counterparts, each of wbieh shall be deemed an original. A faxed signamrc upon any counwrpart shall be sufficient to bind the party for wbommade. UponexecationheteafbySelleron or before Mav s. 2004. and by purebasw on orbefore l4 2004. this Agreement shall become a contract binding upon and inuring to the benefit of Sauer and Purchase. their heirs, personal representatives, successors and assigns. WTfNWS THE DUE WIMCUFLON HMWF as of the day and year first above written. piIRCHAS)8R CITY OF PUEBLO. A qWAL CORPORATION dent of City Council City APPROVED As TO FORM: -$- . .. ... ... un .... unnnn, TT n nnnnnf vT n7.7 TnT in n7 VIU City Attorn Seller CONTINENTAL MATERIALS CORPORATION B _V �) , 4," Name: Geral J. Hermans Title: Vice -resident (Power of Attorney) APR -20 -04 04:23PM FROM - TRANSIT MIX CONCRETE CO E$=1T W 719 475 -0226 T -849 P.000 /010 F -322 Parcel B of Subdivision Exemption 2=-006 appivvcd by the peeblo County commissioners on fiebruary 17.2W4 and recorded order reception no In rite office ofthePueblo County Clerk and Recorder. ('1'Ite legal &=Hption may be subject to revision upon receipt of title insumm c=mitmem] —3— _. . • ... in nn u ni APR -20 -04 04:23PM FROM- TRANSIT MIX CONCRETE CO 193rmrr 1341 lixtams 719 475 -0226 T -849 P -010 /010 F -322 An Electnicai Transformer owned by the Seller which shall be removed fmm the property at the sole cost of the Seller within nine months after closing, I mm F'1 710 ;fC All 71N YYd '1NTNVia um 09R90d wj R717 ill to -u-m Reso. #10109 SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, Joseph J. Sum, Vice President of Continental Materials Corporation, a Delaware corporation, with its principal place of business located in Chicago, Illinois, do make. constitute and appoint Gerald J. Hermans, Vice President, Transit Mix Concrete, a Colorado corporation, my true and lawful attorney -in -fact to sell, assign, transfer, convey, exchange, deed, quite - claim, bargain or otherwise dispose of real property legally known as: Parcel A in Subdivision Exemption No. 97 -01, filed for record June 9, 1997 in Book 3004 at Page 284, Pueblo County, Colorado. Upon such terms, consideration and conditions as my said attorney shall deem advisable, necessary, convenient, or proper and to sign in my name, place and stead any document whatsoever necessary under the law to convey good title, and to make, sign, endorse, act, receive, or accept any instrument of any kind or nature as may be necessary or proper to complete this purpose. And I hereby declare that unless sooner terminated by me all powers granted herein to my attorney shall terminate at 12:00 AM on the 30 day of June, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 8 th day of April, 2004. S J seph Suih, Vice N4Ndent STATE OF ILLINOIS COUNTY OF COOK The foregoing instrument was acknowledged before me this 8 th day of April, 2004. SEAL: OFFICIAL SEAL Notary Public ANNEMARIE B NUSEKAM NOTARY PUBIC, STATE OF LLtNrDlt MY COMMISSION EXAREWON22/04 IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III IIIIIIIII IIII 563229 Page: 05A ChrisC.Muncz Pueb1oCtyC1k &Rec P A R 6.00 D 0.00