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HomeMy WebLinkAbout12084 RESOLUTION NO. 12084 A RESOLUTION APPROVING THE AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE DATED NOVEMBER 8, 2010 BETWEEN THE CITY OF PUEBLO AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Amendment to the Contract to Buy and Sell Real Estate between the Housing Authority of the City of Pueblo and the City of Pueblo, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Amendment to Contract to Buy and Sell Real Estate in the name of the City and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. The City Attorney is authorized to execute and deliver in the name of the City all other documents necessary and required to consummate the sale and purchase contemplated by the Contract to Buy and Sell Real Estate. INTRODUCED: February 14, 2011 BY: Leroy Garcia Background Paper for Proposed R ESOLUTION DATE: February 14, 2011AGENDA ITEM # M-7 DEPARTMENT: HOUSING AND CITIZEN SERVICES ADA RIVERA CLARK, DIRECTOR TITLE A RESOLUTION APPROVING THE AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE DATED NOVEMBER 8, 2010 BETWEEN THE CITY OF PUEBLO AND THE HOUSING AUTHORITY OF THE CITY OF PUEBLO. ISSUE Should City Council approve an amendment to the Contract to Buy and Sell Real Estate dated November 8, 2010? RECOMMENDATION Approval of the Resolution. BACKGROUND The City previously approved by resolution the conveyance of certain unimproved land to the Housing Authority of the City of Pueblo as part of the Housing Authority’s Sangre de Cristo Apartment’s revitalization project. Currently, the land transfer is contingent upon the Housing Authority of the City of Pueblo receiving approval of its HOPE VI Revitalization grant application from the Department of Housing and Urban Development. The Housing Authority of the City of Pueblo is pursuing an allocation of Low Income Tax Credits from the Colorado Housing Finance Agency as an additional source of funds in order to complete the purchase of the unimproved real property, which is the subject of the November 8, 2010 Contract to Buy and Sell Real Estate. The Housing Authority of the City of Pueblo has requested that the City amend the November 8, 2010 Contract to Buy and Sell Real Estate to allow the conveyance of the property upon either the approval of its HOPE VI Revitalization grant application orthe receipt of an allocation of Tax Credits from the Colorado Housing Finance Agency. FINANCIAL IMPACT If the Housing Authority were to receive the grant or an allocation of tax credits, an appraisal would be ordered to determine the value of the property. This value would count as a contribution to the Project. AMENDMENT TO CONTRACT TO BUY AND SELL REAL ESTATE The City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "Seller ") and Housing Authority of the City of Pueblo, 1414 N Santa Fe Avenue, 10 Floor, Pueblo Colorado, 81003 (the "Buyer ") entered into a Contract to Buy and Sell Real Estate dated November 8 2010 ( "Contract ") Buyer is pursuing an allocation of Low Income Housing Tax Credits from the Colorado Housing Finance Agency ( "Tax Credits ") as an additional source of funds in order to complete the purchase of the real property described in Exhibit "A" of the Contract and the parties desire to amend the Contract in order to address the Tax Credits and to further describe Buyer's responsibility with regard to installing facilities open to the public The Contract is hereby amended as follows (1) Paragraph 5 is hereby amended to provide as follows 5 Date of Closing. Closing shall take place on June 1, 2011 or such earlier or later date upon which Seller and Buyer may mutually agree The hour and place of Closing shall be as designated by Seller ( "Closing Date ") This Contract and Closing Date are contingent upon the Department of Housing and Urban Development approval of Buyer's HOPE VI Revitalization Grant Application on or before June 1, 2011, or Buyer's receipt of an allocation of Tax Credits from the Colorado Housing Finance Agency for the Sangre de Cristo Revitalization Project on or before June 1, 2011 (2) Paragraph 13 (c) is hereby amended to provide as follows (c) If the Department of Housing and Urban Development approves Buyer's HOPE VI Revitalization Grant Application, Buyer shall, as part of its Sangre de Cristo Apartments Revitalization plan financed through a HOPE VI Revitalization Grant, construct and install, at a minimum, a community center, basketball court, and common area on the Sangre de Cristo site, which shall be open and accessible to the public 1 Except as modified herein, the Contract provisions remain effective according to its terms. This Amendment to Contract to Buy and Sell Real Estate is entered into by the parties as of February 14 , 2011 SELLER. BUYER. PUEBLO, A MUNICIPAL CORPORATION HOUSING AUTHORITY OF THE CITY OF PUEBLO By, � � � r By' ?.r/t67 Preside of . City Council Name c c-c) • ,, `4 0, 'itle �il�ek77,-, r cr y" -sit, 6 :Jj Attest: � • City Clerk • OIL Approved as to form. g . " `,, '77 dy. � ��• Cit f ttorney 7