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.
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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.
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(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.
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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�=.
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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
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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
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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)
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E$=1T W
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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]
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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,
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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
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