HomeMy WebLinkAbout12524RESOLUTION NO. 12524
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
POSADA, INC AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, FOR THE CONVEYANCE OF PROPERTY,
AND AUTHORIZING THE PRESIDENT OF THE COUNCIL TO
EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that the property described on Attachment
“A” hereto is surplus to the City’s need; that said property should be used to assist in the
creation of affordable housing for low- and moderate-income persons.
SECTION 2.
The Agreement dated October 22, 2012 between Posada, Inc., and the City of Pueblo, a
Municipal Corporation, (“the Agreement”), transferring ownership of said property for the
provision of affordable housing, substantially in the form as attached hereto with such minor
changes as the President of the City Council and the City Attorney shall approve, is hereby
approved.
SECTION 3.
The President of the City Council is hereby authorized to execute and deliver the
Agreement in the name of the City, and to execute a deed for the property listed on Attachment
“A” hereto and the City Clerk to attest the same, by and on behalf of the City of Pueblo.
INTRODUCED: October 22, 2012
BY: Sandy Daff
COUNCIL PERSON
ATTACHMENT A
LEGAL DESCRIPTION
1- The East 11.83 feet of Lot 15 and all of Lot 16, Block 45, East Pueblo, County of Pueblo,
State of Colorado
2- The East 42 feet of Lot 13 and the West 14 feet of Lot 14, Block 45, East Pueblo, and
the West 32.17 feet of Lot 15 and the East 30 feet of Lot 14, Block 45 East Pueblo, County of
Pueblo, State of Colorado
Background Paper for Proposed
RESOLUTION
# M-8
AGENDA ITEM
DATE: OCTOBER 22, 2012
DEPARTMENT:
HOUSING AND CITIZEN SERVICES
ADA RIVERA CLARK, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN POSADA, INC AND THE CITY
OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE CONVEYANCE OF PROPERTY,
AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City transfer title to the project known as the Baum Buildings to Posada for their
ownership and management?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The City of Pueblo was allocated Neighborhood Stabilization Program 1 (NSP1) grant funding
under Division B, Title III of the Housing and Economic Recovery Act (HERA) of 2008. The
City was required to submit an application to the State of Colorado Division of Housing for the
funds, and in it outline the project scope. The Baum Buildings were identified as a blighting
influence on the Eastside community. The buildings had been boarded up for several years.
The properties had transferred hands several times but were never really developed in a
manner that enhanced the neighborhood or property values within the neighborhood.
The Department of Housing and Citizen Services approached Posada as a potential partner.
The scope of the project was for the Department to act as developer of the Project and transfer
ownership of the Project to Posada upon its completion. The units (16) were then to be rented
to veterans. Posada agreed to own and manage the property upon its completion. The
improvements to the buildings have now been completed and the Department is ready to
transfer ownership of the properties to Posada.
The properties will be conveyed with a 30-year beneficiary and rent use covenant (deed
restriction). During this time period rents and incomes for the units will be limited to those
established annually by the U.S. Department of Housing and Urban Development. Tenant
incomes are restricted to 50% (14 units) and 30% (2 units) of the Area Median Income for the
Pueblo MSA. These limits are established under the HOME Investment Partnership Act under
24 CFR Part 92.
The City commits to yearly property inspections and tenant eligibility reviews for the period of
compliance as required under the funding sources.
FINANCIAL IMPACT
NSP1 provided $1.8 million in funding for this project. Funding was to cover part of the
purchase, rehabilitation, project delivery costs (utilities, mowing, and project management) and
administration of the grant. Additional funding was provided by the HOME grant.
SUBRECIEPIENT AGREEMENT FOR TRANSFER OF
NEIGHBORHOOD STABILIZATION PROGRAM 1 PROPERTY
1.0 AGREEMENT
WHEREAS, this Agreement, made and entered into this 22nd day of October, 2012, by and
between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City "),
whose address is 1 City Hall Place, Pueblo, and Posada, Inc. (hereinafter referred to as
"Posada "), whose address is 225 Colorado Ave, Pueblo, Colorado, and
WHEREAS, City is the recipient of Neighborhood Stabilization Program 1 (NSPI) grant funding
under a contract dated September 1 1, 2009, with the State of Colorado Department of
Local Affairs, Division of Housing (CDOH) providing for financial assistance to the City under
Division B, Title III of the Housing and Economic Recovery Act (HERA) of 2008; and
WHEREAS, pursuant to such contract, the City undertook a certain project located at 815-
815 -819, 823 -825, 827 -829 East 4 Street, and 403 and 405 Hudson Avenue, in Pueblo,
Colorado 81003 (hereinafter referred to as the "PROJECT ") (attached legal description Exhibit
C) to meet a NSP1 program requirement that a minimum of 25% of the NSP1 grant funds be
expended to the benefit of households earning 50% or less of the Area Median Income (AMI)
(NSP LH25); and
WHEREAS, with the project complete, City desires to transfer said property to Posada;
NOW THEREFORE, the parties do mutually agree to the following:
1.1 This Agreement is subject to the Beneficiary and Rent Use Covenant as Attachment 1 as
part of this Agreement. If there are any discrepancies between the Agreement and the
Covenant, the Covenant shall take precedence.
1.2 Within thirty days after execution of this Agreement, City shall execute and deliver to
Disposal Agency a quit claim deed conveying and transferring to Disposal Agency all of
the City's right, title and interest in the Property. The conveyance of the City's right, title
and interest in the Properties is "AS IS" and "WITH ALL FAULTS" and shall be in such form as
the City Attorney shall require.
2.0 PROJECT DESCRIPTION
2.1 City purchased and rehabilitated the Project as permanent housing for persons with
incomes less than 50% of the Area Median Income (AMI). The Project provides sixteen
units. The units will be leased to tenants that must meet NSP1 requirements. Also included
in the Project are the grounds, parking, laundry and a community room at the rear of the
property.
2.2 The Project was developed entirely with NSP1, HOME and CDBG funds specifically to
assist in meeting the requirement that 25% of NSP1 funds benefit households earning 50%
or less than the AMI; therefore, according to Federal program requirements, the project
must maintain the affordability provisions and tenants must meet the requirements, both
discussed under Section 3.0 of this Agreement.
3.0 NSP1 REQUIREMENTS
3.1 Affordability Period: The Project must meet minimum affordability requirements for not
less than the applicable period specified by HUD and CDOH. The affordability period
begins when CDOH closes out the Project in the HUD reporting system (date to be
determined). The minimum period of affordability required for this project is thirty (30)
years, as imposed by CDOH. City will not impose a term greater in length than that
period of affordability. The Project property will be deed restricted to ensure compliance
with the period of affordability.
3.1.1 Posada is responsible for monitoring for project affordability requirements
throughout the period of affordability. Affordability restrictions remain in force
regardless of transfer of ownership; any transfer of ownership will be deed restricted
to ensure the project remains a NSP1 LH25 project and meets all requirements of
that Program for the full 30 years.
3.2 Property Standards and Property Maintenance
3.2.1 Maintenance: Posada shall be responsible for the maintenance and upkeep of
the Project property, including lawn care and snow removal, and maintaining
the property in accordance with property standards throughout the affordability
period, in compliance with the site and neighborhood standards of 24 CFR
983.6(b) and in compliance with the City of Pueblo Municipal Code. Any
deficiencies identified by the City during inspections of the property shall be
Posada's responsibility to correct. Posada shall adopt and follow a property
maintenance schedule, a copy of which shall be provided to City within thirty
(30) days of executing this Agreement.
3.2.2 Property Inspections: To ensure units remain in suitable condition, City will
periodically inspect the units for compliance with maintenance standards and
issue a notice and "complete by date" for work that needs to be done to return
units to a suitable condition. Failure by Posada to properly maintain these units
may result in the termination of this Agreement.
3.3 Rents and Occupancy: As a NSP 1 LH25 activity, the Project is restricted as to what rents
can be charged tenants and by who can occupy units.
3.3.1 Occupancy /Income Levels: All units must be occupied by tenants with
household incomes not exceeding 50% of the AMI at time of tenancy. (Further
information on tenant's income is provided throughout this Agreement.) The most
current income guidelines, as posted by HUD, are included in this agreement as
Exhibit C. City Posada will provide Posada with income guidelines annually as
they are available from HUD.
3.3.1.1 The occupancy requirement is for the duration of the affordability period.
City must verify that each initial tenant and all subsequent tenants meet
the income requirement. City will continue to monitor tenants' income
after original certification during the scheduled inspections and
monitoring visits.
3.3.2 Rent
3.3.2.1 Affordable Rents: To ensure the housing is affordable to low- income
households, all units in the Project must have rents that are the lesser of
the Section 8 Fair Market Rent (FMR), as periodically established by HUD
less the HUD - approved utility allowance for any tenant -paid utilities OR the
HUD 50% of AMI Rents, also known as Low HOME Rents and defined
below.
Fair Market Rents are established by HUD annually and will be provided to
Posada by City as they are available. (The most current rent chart is
attached as Exhibit D)
3.3.2.1.1 Low HOME Rents are defined as the lesser of
The Fair Market rent for existing housing for comparable units
established by HUD annually under 24 CFR (888.1 1 1) or,
A rent that does not exceed 30 percent of the adjusted income
of a family whose annual income equals 50 percent of the
median income for the area, with adjustments for number of
bedrooms in the unit.
If the Low HOME Rent is higher than the High HOME rent, the High
HOME rent must be used.
The maximum rent that can be charged to a Low HOME Rent
unit is the Low HOME Rent OR Low HOME Rent minus any tenant -
paid utilities.
3.3.2.3 Rent can never exceed the rent limits noted above.
3.3.2.4 The maximum allowable rents shall be reduced if the tenant pays for
some or all of the utilities. The adjustment standard for utility allowances
will be the local public housing authority allowance, which the Housing
Authority of the City of Pueblo produces annually. Should these
allowances not prove sufficient based on actual recorded utility costs,
Posada has the option of preparing a utility allowance schedule for use
after the first year of this agreement. The most current utility allowance is
attached as Exhibit E.
3.3.2.5 Rent Increases and Decreases
3.3.2.5.1 Increases: The maximum NSP rent limits shall be recalculated
after HUD (annually) determines fair market rents and median
incomes. New rents become effective upon receipt of new HUD -
published numbers; however, adjustments in rent shall only be
made at the time the lease is renewed, and tenant must be
given at least thirty (30) days written notice before the increase is
implemented. NSP1 rents are not required to be lower than the
HOME rent limits for the project in effect at commitment.
Posada shall provide City with information on rents and make
tenant records available upon request.
3.3.2.3.2 Decreases: NSP1 rents may decrease to reflect a change in
market conditions, but are not required to decrease below the
HOME rent limits in effect at that time.
3.3.2.3.3 Notice to Posada of Rent Increases: Posada does not need to
approve rent increases.
3.4 Tenant Selection and Tenant Income: Posada shall be responsible for verifying the
income of all tenants at the time of application and providing copies of all pertinent
documentation to Posada. Posada shall also be responsible for tenant selection.
3.4.1 Income Verification at Occupancy: Posada shall determine tenant income
eligibility at the time of initial tenancy by using the Section 8 Part Five definition of
income. Source documentation must be obtained and verified in accordance
with the Part Five income definition. Under this income verification method,
income from certain assets must also be included. Guidance on calculating
incomes under the Part Five definition is attached as Exhibit F and will also be
provided by City upon request.
3.4.2 Posada must contact City prior to executing the lease of a unit so that an initial
certification of income can be completed.
Income is based on anticipated income and shall take into account any
expected changes in income to the extent possible.
3.4.3 Income Recertification: Posada is required to recertify income on a yearly basis
with the proper documentation in the tenant files.
3.4.4 Onsite management: There will be on -site management provided.
3.5 Tenant Lease: Posada must execute a written lease and Rules of Occupancy statement
with every Project tenant covered under this agreement. The lease between a tenant
and Posada shall be for not less than 6 months, unless by mutual written agreement. (As
noted in Section 2.7, any lease with a term of less than one year requires mutual written
agreement, a copy of which must be maintained in the tenant's file. At no time will a
lease be for less than thirty days. The written agreement between Posada and the tenant
for a lease term of less than one year must be retained in the tenant file.
3.5.1 Prohibited Lease Terms: The lease between a tenant and Posada may not
contain any of the following provisions:
3.5.1.1 Agreement to be sued: Agreement by tenant to be sued, admit guilt, or
consent to a judgment in favor of the owner in a lawsuit brought in
connection with the lease.
3.5.1.2 Treatment of property: Agreement by tenant that the owner may seize or
sell personal property of household members without notice to the tenant
and a court decision on the rights of the parties. (This provision does not
apply to disposition of personal property left by a tenant who has
vacated a property.)
3.5.1.3 Excusing owner from responsibility: Agreement by the tenant not to hold
the owner or the owner's agents legally responsible for actions or failure to
act, whether intentional or negligent.
3.5.1.4 Waiver of notice: Agreement by the tenant that the owner may institute a
lawsuit without notice to the tenant.
3.5.1.5 Waiver of legal proceedings: by tenant that the owner may evict the
tenant or household members without instituting a civil court proceeding
in which the tenant has the opportunity to present a defense or before a
court decision on the rights of the parties.
3.5.1.6 Waiver of a jury trial: Agreement by the tenant to waive any right to a jury
trial.
3.5.1.7 Waiver of right to appeal court decision: Agreement by tenant to waive
the tenant's right to appeal or otherwise challenge in court a decision in
connection with the lease.
3.5.1.8 Tenant chargeable with cost of legal actions regardless of outcome:
Agreement by the tenant to pay attorney fees or other legal costs even if
the tenant wins the court proceeding by the owner against the tenant.
The tenant, however, may be obligated to pay costs if the tenant loses.
3.5.2 Termination of Tenancy: Posada must follow the State and /or Local laws with
regard to the termination of tenancy. To terminate or refuse to renew tenancy,
Posada shall serve written notice upon the tenant specifying the grounds for the
action at least thirty (30) days before the termination of tenancy.
3.5.3 Tenant Selection: Prior to any tenancies, Posada shall adopt written tenant
selection policies and criteria that:
3.5.3.1 Are consistent with the purpose of providing affordable housing for very
low- income persons;
3.5.3.2 Are reasonably related to program eligibility and the applicants' ability to
perform the obligations of the lease;
3.5.3.3 Give reasonable consideration to the housing needs of persons that
would have a Federal preference under section 6(c)4(A) of the 1937 Act
(see § 92.209(c) (S));
3.5.3.4 Provide for the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable; and
3.5.3.5 Give prompt written notification to any rejected applicant of the grounds
for any rejection.
3.6 Monitoring and Compliance: City reserves the right to monitor and evaluate the
performance of Posada to assure that the terms of this agreement are being
satisfactorily met in accordance with City and other applicable monitoring and
evaluating criteria and standards. Posada shall cooperate with City relating to such
monitoring and evaluation.
3.6.1 Monitoring Schedule: City will monitor incomes as units are leased, and if onsite
visits are need, annually as City deems necessary. Posada will be responsible for
reporting beneficiary and rent data on each of the units covered under this
Agreement on the HOME Monitoring Checklist 6 -D Form(attached as Exhibit J) on
an annual basis during that time.
3.7 Record Keeping:
3.7.1 Records of Posada and expenses pertaining to the rental and occupancy of the
Project and records of accounts between City and Posada shall be kept on a
generally recognized accounting basis. City, the U. S. Department of Housing
and Urban Development, the Comptroller General of the U. S., or any of their duly
authorized representatives, and representatives of CDOH shall have access to
any books, documents, papers and records of Posada and Posada which are
directly pertinent to this Agreement for the purpose of making an audit,
examination, excerpts and transcription.
3.7.2 Posada shall retain information in its files which shall clearly document all activities
performed in conjunction with this contract, including, but not limited to, financial
transactions, conformance with assurance, and activity reports. Posada must
maintain records that are adequate to demonstrate compliance with NSP1,
HOME and CDBG requirements, including both project and tenant records, as
noted below:
3.7.3 Project records must include documentation to back -up rent and utility
allowance calculations. Tenant files must include the documentation necessary
to demonstrate that each unit is properly occupied by an income - eligible tenant,
including:
• Tenant's application
• Initial income verification documents
• Proof of tenant's legal residency in the U.S.
• Tenant's lease
3.7.4 Records of tenant income, rent, and inspections must be kept for the most recent
five years following the end of the tenant's lease and until five years after the end
of the affordability period, which runs for 30 years after the official project
closeout, a date to be determined.
3.8 Responsibility of City: Certain City responsibilities have been noted throughout this
Agreement. In addition to those responsibilities, the following apply:
3.8.1 Representation: City shall designate one or more representatives who will be
authorized to make all necessary decisions required of Posada on behalf of
Posada and the City in connection with the execution of this Agreement.
3.8.2 Records: City shall keep project records with regard to the development of the
Project, the affordability period and legal documents securing that period.
Project records will be maintained for five years after project completion or for a
period directed by CDOH. Further, City will maintain a monitoring file with
information on property conditions and rents currently charged. City may request
a copy of tenant selection policy, the maintenance schedule, current financial
records, and other records maintained by Posada needed to ensure the property
remains NSP compliant.
3.8.3 Addressing Issues of Non - Compliance: Compliance with NS1, HOME and CDBG
rental requirements, including compliance with property standards (interior,
exterior and common areas) is detailed earlier in this agreement. However, it is
the responsibility of City to identify deficiencies during inspections and set time
frames for Posada to return to compliance. Should Posada fail to return to
compliance, this Agreement will terminate and the property, bank accounts,
records, and any other pertinent documents for the project will return to City.
3.8.4 Viability Analysis: City shall review and analyze the financial stability,
management capacity, and other long -term viability issues as detailed in the
Proforma to be provided by Posada related to this agreement and rental of these
housing units to ensure the continuation of these units as affordable housing.
3.9 Responsibility of Posada: Certain Posada responsibilities have been noted throughout
this agreement. In addition to those responsibilities, the following apply:
3.9.1 Representation: Posada shall designate one or more representatives who will be
authorized to make all necessary decisions required of Posada in connection with
the execution of this Agreement.
3.9.2 Affirmative Marketing Plan: Posada is required to prepare and follow an
affirmative marketing plan. Posada shall take steps to provide information and
otherwise attract persons from all racial, ethnic, and gender groups in the housing
market area and to have in its tenant selection policy a non - discriminatory
provision, however, Posada must provide preference to veteran's as per the
intent of the Project.
3.9.3 Financial Viability: Posada shall, within 30 days of the date of this Agreement,
provide to City a Proforma for the Project. Expected operating and property
maintenance costs should be detailed for a period of no less than three years.
3.9.4 Project Income: Rental income, security deposits, and any other type of funds
coming into the Project are considered project income under NSP, HOME and
CDBG regulations. Posada agrees to use any and all income generated by the
Project (from grant funding) for the maintenance and operation of the Project
property, as is eligible under the respective grant funding regulations. A
reasonable project management fee may be charged against project income
by Posada. City will not, however, provide any additional funding should the
project not cash flow in a positive manner.
3.9.4.1 Project reserves: Monthly revenue in excess of amounts needed to pay
monthly operating costs may be used to fund operating and
replacement reserves as well as to cover short- and long -term
maintenance items. Project reserves should be noted as a separate line
item on the quarterly financial report (see Section 3.9.6). The project
reserves shall not exceed $100,000 per unit under the ownership of
Posada.
3.9.4.2 Excess revenue income: Should the project generate revenue income in
excess of the reserves noted under Section 3.9.4.1 and funds needed for
monthly operations, City shall have the right to request the return of the
excess amounts.
3.9.5 Quarterly Financial Reports: A quarterly financial sheet detailing income and
expenses must be provided to City by the 15th of the month following the end of
the previous quarter for reporting to CDOH. Any Posada staff time charged to the
project must be supported by a time and activity report.
3.9.6 Beneficiary Reporting Requirements: Beneficiary data must be provided on each
unit as it is leased. (See Exhibit H)
3.9.7 Annual Report: Annually by January 15 Posada shall submit a report on tenant
demographics including number of households assisted, overall Project financial
stability, and other information Posada deems important. The report can be in a
format of Posada's choosing.
3.9.8 Bank Account: Posada will establish a checking account specifically for this
Project and through which only income and expenses for this Project will run.
4.0 OTHER LEASE CONDITIONS
4.1 Term of Contract: The deed - restricted term of this Agreement shall be thirty (30) years.
Provided Posada is in compliance with all terms of the Agreement, this Agreement and
the Beneficiary and Use Covenant shall expire at the end of that time and the Project
may be used by Posada as it sees appropriate.
4.2 Enforcement, Default, Remedies, and Termination of Contract:
4.2.1 Enforcement: The affordability requirements for the period of thirty (30) years shall
be enforced through a recorded deed restriction on the property, (see Section
1.1). All other program requirements, including tenant occupancy and income
requirements, monitoring and inspection, maintenance, and record keeping
requirements shall be in full compliance at all times.
4.2.2 Default: Posada will be considered in default of this Agreement if not in
compliance with all terms of this agreement.
4.2.3 Remedies and Termination: This contract may be terminated and the property
returned to City if Posada materially fails to comply with any term of the contract.
The determination of City as to the cause of termination and the appropriateness
thereof shall be final and binding upon both City and Posada.
4.2.3.1 Prior to termination City shall:
• Provide written notice to Posada, outlining the specific details of the breach
and give Posada fifteen (15) days from receipt of such written notice to
respond in writing acknowledging the breach.
• Provide steps under which Posada can return to compliance and the time
frame by which the steps must be completed. City will then work with Posada
to return the development to compliance.
• If the issues of breach are successfully dealt with, City will provide written
notice that the terms have been met and meet compliance.
4.3. Assignability: This contact shall not be assigned or transferred by Posada to another
party without the prior written consent the City and CDOH.
4.4 Independence of Posada: Nothing herein contained nor the relationship of Posada to
the other parties hereto, shall make or be construed to make Posada, or any of Posada's
agents or employees, the agent or employees of the City of Pueblo or CDOH. Posada
shall be solely and entirely responsible for its acts and the acts of its agents, employees,
and contractors or subcontractors.
4.5 Liability and Insurance:
4.5.1 Posada, as Project owner assumes the risk of all personal injuries, including death
resulting therefrom, to persons, and damage to and destruction of property
including loss of use therefrom, caused by or sustained, in whole or in part, in
connection with or arising out of the performance or non - performance of this
contract by Posada, or by the conditions created thereby. Posada further agrees
to indemnify and save harmless City and CDOH, their officers, agents and
employees, from and against any and all claims, liabilities, cost, expenses,
penalties or attorney fees, arising from such injuries to persons or damages to
property, or based upon or arising out of the performance or non - performance of
this contract by Posada, or out of any violation by tenants of any statute,
ordinance, rule or regulations.
4.6 Conflict of Interest: Posada covenants that members of its Board of Directors, officers,
agents, consultants, or employees or any person who exercises or has exercised any
functions or responsibilities with respect to this NSP1 project, or who is in a position to
participate in decisions or gain inside information may not:
• Presently have any interest, and shall not acquire any interest therein which would
conflict with the performance of this agreement or applicable statute, rule or
regulation
• Obtain a financial interest or benefit from this activity
• Have an interest in any contract, subcontract, or agreement for themselves or for
persons with business or family ties.
• Occupy a NSP1- assisted unit in the development. (This does not include an on -site
project manager or maintenance worker.)
• Conflict of interest provisions apply to covered persons during their tenure and for
one year after leaving Posada.
4.6.1 Exception: Exceptions to the Conflict of Interest requirements may apply. Posada
will contact City for further information with regard to exceptions should questions
on this arise.
4.7 Compliance with C.R.S. § 24- 76.5 -103:
Posada acknowledges that NSP funds are a "public benefit" within the meaning of C.R.S.
§24.76.5 -103. As such, Posada shall ensure compliance with C.R.S. §24- 76.5 -103 by
performing the required verifications. Specifically, when required, Posada shall ensure
that:
a. If the public benefit provided by NSP funds flows directly to a natural person (i.e., not
a corporation, partnership, or other legally- created entity) 18 years of age or older,
he /she shall do the following:
(i) Complete the affidavit attached to this Agreement as Exhibit I.
(ii) Attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver's license or Colorado identification card; a
United Stated military card or military dependent's identification card; a United
States Coast Guard Merchant Mariner identification card; or a Native American
Tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit
stating that he /she is an alien lawfully present in the United States, Developer shall
verify his /her lawful presence through the federal systematic alien verification or
entitlement program, known as the "SAVE Program ", operated by the U. S.
Department of Homeland Security, or a successor program designated by said
department. In the event Posada determines such verification process that the
individual is not an alien lawfully present in the United States, Posada shall not provide
benefits to such individual with NSP funds.
City acknowledges that services provided by Posada herein may fall within several
exceptions to the verification requirements of C.R.S. §24 -76.5 -103 for non - profits. For
example, certain programs, services, or assistance such as, but not limited to, soup
kitchens, crisis counseling and intervention, short -term shelter or prenatal care are not
subject to the verification of C.R.S. §24- 76.5 -103.
4.8 Amendments
This contract may be amended as needed with the written approval of the parties to the
agreement.
4.9 Entire Agreement: The provisions set form in Items 1 - 4, and all exhibits and /or
attachments of this agreement, constitute the entire agreement between the parties
hereto and no statement, promise, conditions, understanding, inducement or
representation, oral or written, express or implied, which is not contained herein shall be
binding or valid.
4.10 Assurances: Posada agrees to comply with the assurances (attached as Exhibit "B"
hereto, and made a part of this contract), which are required by the U. S. Department of
Housing and Urban Development for all NSP- funded projects and properties.
Signature page follows
IN WITNESS WHEREOF, Posada and City have executed this agreement as of the date first above
written and under the laws of the State of Colorado.
City of Puebl• • Mun i••1 C• •oration (Cit )
BY: Anirdi. Date: / '; 2 -2°12
Chris K. m•n
Title: President of the City Council
Attest
BY: \-.01 (1
4 — - Date: / -•9 2 -.2° 1 2
Title: City Clerk
Posada, Ini(Posada)
BY: / e ��� Date: /r,...77/
,.�7/ a--.
Title: Chairman of e Board of Directors
Attest
BY: Date: / �� 3 //
Title: ' •- alZ /Y e- V/Le[+.T
/ira.
EXHIBIT A
[see next page for rent use deed covenant from the State]
Attachment 1
When Recorded Return To:
COLORADO DIVISION OF HOUSING tD ��pniCally
ATTENTION: Alison O'Kelly, NSP Program Specialist wee •
1313 SHERMAN STREET, ROOM 500 County :mow ;� � yet
DENVER, CO 80203 Date, "Asir - Time
:.com 800.460.5
DOH Contract # HONSPO9 - 303
COLORADO DEPARTMENT OF LOCAL AFFAIRS
BENEFICIARY AND RENT USE COVENANT
THIS BENEFICIARY AND RENT USE COVENANT ( "Covenant") is made this 22nd day of October ,2012,
by the City of Pueblo, a Municipal Corporation (Owner "), whose address is 2631 East 4`" Street, Pueblo, CO 81001, fee
simple Owner of certain property further described herein, and Posada, Inc. ( "Assignee "), a Colorado Nonprofit Corporation
( "Assignee ") whose address is 225 Colorado Avenue, Pueblo, CO 81004.
WHEREAS, the Owner is the beneficiary of funds through contract number HONSP09 -303, executed 09/11/2009, from
the State of Colorado, by and through the Department of Local Affairs, for the benefit of the Division of Housing ( "Grantor ") to
be used for the acquisition and rehabilitation of the project known as: The Baum Buildings, ( "Project ") located at 815 -821, 823-
825 and 827 -833 E. 4`" Street, Pueblo, CO 81001 and 402 and 405 Hudson Street, Pueblo, CO 81001, more specifically
described as the following (the "Property "):
Legal Descriptions:
E 42 FT LOT 13 + W 14 FT OF 14 BLK 45 EAST PUEBLO, County of Pueblo, State of Colorado
and
E 30 FT OF LOT 14 + W 32.17 FT OF LOT 15 BLK 45 EAST PUEBLO FORMERLY #04- 311 -17 -015 + 016
County of Pueblo, State of Colorado
and
E 11.83 FT OF LOT 15 ALL 16 BLK 45 EAST PUEBLO, County of Pueblo, State of Colorado
WHEREAS, as a condition of the receipt of NSP grant funds, Owner has agreed to record this Covenant to run with the
Property to ensure that certain rental and occupancy limitations associated with the program are met;
NOW, THEREFORE, the following is established as a Covenant running with the Property;
1. Restrictions. For the term of this Covenant, the Property shall be used primarily to provide housing for Eligible
Beneficiaries at Affordable Rents, as defined herein.
2. Eligible Beneficiaries. The Owner, its successors, assignees, heirs, grantees, or lessees shall ensure that the
assisted units listed below ( "NSP- Assisted Units ") are affordable to households whose income is equal to or less than
the current Area Median Income Limits (AMI) in effect at the time the household initially occupies their rental unit.
Income eligibility requirements are defined by the Department of Housing and Urban Development (HUD), or if no
longer published, by an equivalent index designated by the Grantor.
Type of Units # of Units Income of Beneficiaries
NSP - Assisted Units
(2) 1BR 2 < 30% of AMI
(14) 1 BR 14 <_ 50% of AMI
Total Units 16
' 6 9 j 1
l t
3. Affordable Rents. To ensure the housing is affordable to low income households (as mirrored in the HOME
regulations per 24 CFR Part 92, Section 252), the 16 NSP- assisted rental units must have rents that do not
exceed the lesser of (i) the Section 8 Fair Market Rents (FMR) less the approved utility allowances, or (ii) the AMI
rents per the chart below, less the approved utility allowances. Both FMR and AMI rents are periodically
establised by HUD.
Regardless of changes in fair market rent and in median incomes over time, the NSP rents (mirroring HOME) are
not required to be lower than the NSP rent limits for the project in effect at the time of Contract execution.
Pueblo County 1- Bedroom
Fair Market Rent FY2009 $517
< 30 % of AMI Rents 10/1/2008 $316
< 50 % of AMI Rents 10/1/2008 $528
4. Affordability Period — HUD. This Covenant shall encumber the Property, without regard to the term of any
mortgage or transfer of ownership, for a period of not less than 15 years following the date of project close -out (the
"HUD Affordability Period "). Any NSP funds invested in housing that does not meet the affordability requirements
for the period specified must be repaid. Repayment of funds provided does not terminate the affordability period.
Affordability Period — Grantor. This Covenant shall encumber the Property, without regard to the term of any
mortgage or transfer of ownership, for a period of not less than 15 years following the HUD Affordability Period
(the "Grantor Affordability Period "). Any NSP funds invested in housing that does not meet the affordability
requirements for the period specified must be repaid. Repayment of funds provided does not terminate the
affordability period. The affordability period will not be modified without the express written consent of the
•
Grantor.
5. Termination. This Covenant may terminate upon foreclosure or transfer in lieu of foreclosure, unless the owner
of record, before the foreclosure, or anyone with business or family ties to the owner of record, obtains an
ownership interest in the property through the foreclosure.
6. Change in Use. If this property is not used for housing the above described Beneficiaries, at the above described
rents for 30 years following the date of project closeout. The Owner, its successors and assignees, heirs,
grantees, or lessees may not change the use of the property unless in accordance with Grantor requirements.
The owner of record shall be required to repay the State the funds attributed to this property, unless the State
authorizes the transfer of repaid funds to one or more public housing entities, or private nonprofit corporations.
7. Enforcement. The Grantor and /or HUD, or appropriate representatives thereof may enforce this Covenant.
8. Release. Upon satisfaction of the terms of this Covenant the Grantor will record a release of this Covenant against
the Property and the Owner, its successors, assignees, heirs, grantees, and lessees shall no longer be bound by the
terms of this Covenant.
2
PROPERTY OWNER'S LEGAL NAME City of Pueblo ENTITY TYPE A Municipal Corporation
NAME TITLE
SIGNATURE ,fit DATE /V .-2 - 0 2 0/2-
State of Colorado )
) ss.
County of )
The foregoing instrument was subscribed to and acknowledged before me this L9- dlay of al. , 20 /2 , by
ahrisS6.1266an as Pre Si ClGV n of ah1 OCIU e; I
Wit G -s my hand d offici- eal LORENE BRAVO -NEFF
I.11 / t , AA / ' I/ NOTARY PUBLIC
My commission expires:
2I 2015-- 2D� STATE OF COLORADO
ASSIGNEE'S LEGAL NAME / P � osada, Inc ENTITY TYPE A Colorado Nonprofit Corporation
NAME , 4/4-7/ ". 1 �7ii TITLE 'qv " �'� 0 117 A-
, ' " /Poe 0 4
SIGNATURE lf, DATE /0 6=W-e
State of Colorado )
) ss.
County of )
The foregoing instrument was subscribed to and acknowledged before me this--3•0 day of tQ(4 , 20i , by
L ��n9s ) Cb 1a,e of i
1111
Wit -ss my hand a -d official seal ` ��,tt 1 + 1 ,,,,,
/ ` ��. ` y P YAge ..,9.0,„
./e ..,'.,, , I. d A • i .5
Z. f f I pTAg y • : Z 6
My commission expires: y / o /� " E
Z N % 'OUgoG i 0 2
•, O� OCO O0ov
3
EXHIBIT B
NSP REQUIREMENTS ADDENDUM
Posada is required by the U. S. Department of Housing and Urban Development (HUD) to
condition NSP- assisted projects on compliance with various cross - cutting regulations. A number
of those apply to issues that pre -date this agreement (such as all environmental clearances)
and during construction (such as Davis Bacon). Posada is responsible for any areas of cross-
cutting compliance with the exception of those below:
1. Fair Labor Standards Act of 1938, as amended (29 USC201, et seq.), establishing provisions
for minimum wage and overtime pay.
2. Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as
amended, providing that no person shall be excluded from participation (including
employment), denied program benefits or subjected to discrimination on the basis of race,
color, national origin or sex under any program or activity funded in whole or in part under
Title I (Community Development) of the Act.
3. Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 USC 2000 (d) prohibiting
discrimination on the basis of race, color, religion or religious affiliation, or national origin in
any program or activity receiving federal financial assistance.
4. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, as amended (24 CFR 100) and
implementing regulations, prohibiting discrimination in the sale, rental and financing of
dwellings based on race, color, religion, sex, national origin, disability or familial status.
5. The Fair Housing Act (42 USC 3601 -20), as amended, prohibiting discrimination on the basis of
race, color, religion, sex or national origin, handicap or familial status.
6. Equal Employment Opportunity [Executive Order 11246 (1965)], as amended by Executive
Order 1 1375, and its implementing regulations at 41 CFR Part 60 prohibiting discrimination on
the basis of race, color, religion, sex, or national origin in any phase of employment during
the performance of federal or federally- assisted contracts in excess of $2,000. Non-
discrimination notices should be included in all job postings and posted in a visible place in
the Posada office.
7. Equal Opportunity in Housing [Executive Order 11063 (1962)], as amended by Executive
Order 12259, and implementing regulations at 24 CFR Part 107 requiring equal opportunity in
housing by prohibiting discrimination on the basis of race, color, religion, sex or national
origin in the sale or rental of housing built with federal assistance.
8. Age Discrimination Act of 1975 (42 USC 6101), as amended, and implementing
regulations at 24 CFR Part 146, providing that no person shall be excluded from
participation, denied program benefits or subjected to discrimination on the basis of age
under any program or activity receiving federal funds.
9. Title II of the Americans with Disabilities Act (ADA) of 1990 (24 CFR Part 35), as amended,
providing comprehensive civil rights protections for qualified individuals with disabilities.
10. Anti - Lobbying provisions, that to the best of the jurisdiction's knowledge and belief:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of, or to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, they shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
EXHIBIT C
LEGAL DESCRIPTION
1- The East 11.83 feet of Lot 15 and all of Lot 16, Block 45, East Pueblo, County of Pueblo,
State of Colorado
2- The East 42 feet of Lot 13 and the West 14 feet of Lot 14, Block 45, East Pueblo, and the
West 32.17 feet of Lot 15 and the East 30 feet of Lot 14, Block 45 East Pueblo, County of Pueblo,
State of Colorado
EXHIBIT D
2012 MAXIMUM INCOME LIMITS
(To be Updated Annually)
Pueblo, CO MSA
FY 2012 MFI: 30% OF MEDIAN 12850 14650 16500 18300 19800 21250 22700 24200
53600
VERY LOW 21350 24400 27450 30500 32950 35400 37850 40300
INCOME
LOW- INCOME 34200 39050 43950 48800 52750 56650 60550 64450
EXHIBIT E
2012 HOME PROGRAM RENT LIMITS
(The Project has shared bedrooms. Efficiency limits are thus used.)
(To be updated annually)
Pueblo, CO MSA
LOW HOME RENT LIMIT 500 527 686 793 885 976 1067
HIGH HOME RENT LIMIT 500* 527* 692* 907* 1026* 1149* 1240*
For Information Only:
FAIR MARKET RENT 460 484 636 833 943 1084 1226
50% RENT LIMIT 533 571 686 793 885 976 1067
65% RENT LIMIT 675 724 871 997 1093 1187 1282
EXHIBIT F
ALLOWANCES FOR TENANT - FURNISHED UTILITIES AND OTHER SERVICES
From Form HUD - 52667, provided by: Housing Authority of the City of Pueblo
For Single- family, Duplex, and Row Houses
Allowances for Tenant- U.B. Department of Housing OMB Approval No_ 26714169
and Urban Oowlopment (ent- dr80
' l`urfilshedtUtilities and Omce of Public and Indian Housing
Othe`? Services •
Bea Public Reporting Statement and Instructions on bark
loodnr Udl Toe .. Q (malydetyyn)
Housing Authority of the City of Pueblo Single Family 04/01/2012
Willy or SeMtb Ihty bollarAtIorancee • •
0 BR 1 B .2BR 3 BR ... 4 B 8 BR
Heeling a. Neturat Gas 36 43 54 57 60 75
b. Bottle Ges
c. ofl / Electric , 53 64 88 112 142 161
d. Cool l Other '
Cooking a. Natural Gas 3 4 6 6 7 7
b. Bottle Gas
c. oa r Electric 3 7 8 9 10 11
: d. • Coat r Other
Other Electric 20 32 38 43 46 51
Alr Conditioning .
Water Heating s. Natural Gas 8 11 '14 16 17 22
b. bottle Gas ' .
c. ou !Electric 17 23 29 35 42 .. 45
d. Coed "Other
water 16 21 23 26 30 35
suer 20 20 . .20 20. 20 20
Trash taotledon 15 15 15 , :. 15 ,„ 15 15
Rarrgolhflerawave 7 7 7 7 7 . . 7
Reingetatar 10 10 . 10 :.. 10 10 10
Other specify - .
Attu& Far ally Ntovraiteas To be wad by ilia lordly to eo npula attowenee. ' .t•1tif4n teravice • ,per'rnonet oast.
Canpeete belmw for die actual ural wand. H' t llitg $
Named Five/ G hero
tat itt 1iic
. AP,Cti dllidtilha .
Aadrae of UM tilaYklollnq
'
NuW:sr of aadmome II , 1. .. .
Total $
• form N D- BiiB6? (1'9!67)
Pla1lnua editions ns are obanirde p m.'1 d 1
re {tarotbookY420.8
EXHIBIT G
PART FIVE INCOME DEFINITION GUIDANCE
(Technical Guide from HUD follows)
Please refer to the following website.
http: / /www.hud.aov/ offices /cpd /affordablehousina /trainina /web /calculator /definitions/
part5.cfm
EXHIBIT H
BENEFICIARY DATA
RACE, ETHNICITY, GENDER AND City of Pueblo
DISABILITY DATA Department of
Housing
REPORTING FORM and Citizen
Services
2631 E 4 St
Pueblo, CO 8 1 0 0 1
Name of Property & Address (if applicable) or Agency Date
Data Collection for: ❑ Wait List Applicant ❑ Tenant ❑ Unit Applicant ❑ Program
Participant
Please list All Members of your Household with
Head of Household as #1): 5.
1. 6.
2. 7.
3. 8.
4. 9.
z t' "x � � = :Select One;Ethni Category F:OS c h'Household Member
N . z , s e, . r s r +`k , sk 5 +`f9 '' "" 'x fl c a #e i f l x t , ti P;,4 dw
-• ° Ethn icCate odes sk °HH .4,,p
' #`�vr Y3'^ 'y�' vwz*a , 1tTF ._"'_" � a i� � �d``�'d
� �
Hispanic or Latino
Not - Hispanic or Latino
' +' Sg Mate -n .n . a A.,h: t Y 4y S� ' +t sr. p . r,
��� - �� � �,Racial�Cafe • orles�a ����g�.,`� #.��� t,� :�SelectAlly Races�that�A �' • I IForEactiAiousehold MemberS0
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Other (Check "other" for any racial category that is not identified in
one of the five single race categories listed above.)
'.; ° tk►er ,a eg rieg 77.. r - �d lnformatiah fcir Eachh =Huse : � 1 b p r ,
Gender ( "M" or "F ")
Age
Disability ("Yes" or "No" for all over 5 yrs of age)
*Definitions of these categories may he found on the reverse side.
There is no penalty for persons who do not complete the form. Initial here if you
choose pot to disclose any or some of the race and /or ethnicity information for your household,
If you choose not to disclose any of the info. head of household ONLY should sign and date
below. Otherwise every adult must sign:
Head of Household Signature Adult Signature
Adult Signature Adult Signature
Adult Signature Adult Signature
Adult Signature Adult Signature
Instructions for the Race and Ethnic Data Reporting (Form HUD -27061 -H)
A. General Instructions:
This form is to be completed by individuals wishing to be served (applicants) and those
that are currently served (tenants and participants) in programs assisted by the
Department of Housing and Urban Development.
Agencies and sub recipients are required to offer the applicants /tenants /participants the
option to complete the form. The form is to be completed at initial application or at
program acceptance. Once the form is completed it need not be completed again
unless household composition changes. There is no penalty for persons who do not
complete the form.
There is no penalty for persons who do not complete the form. If you choose not to
disclose race or ethnicity, initial the refusal statement on the form, then sign and date
the form at the bottom. All "completed" or "refused" forms must be kept in the
household's file.
1. The two ethnic categories you should choose from are defined below. You should
check one of the two categories.
a. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central
American, or other Spanish culture or origin, regardless of race. The term
"Spanish origin" can be used in addition to "Hispanic" or "Latino."
b. N o t Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or
Central American, or other Spanish culture or origin, regardless of race.
2. The five racial categories to choose from are defined below: You should check as
many as apply to you.
a. American Indian or Alaska Native. A person having origins in any of the
original peoples of North and South America (including Central America), and
who maintains tribal affiliation or community attachment.
b. Asian. A person having origins in any of the original peoples of the Far East,
Southeast Asia, or the Indian subcontinent including, for example, Cambodia,
China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and
Vietnam
c. Black or African American. A person having origins in any of the black racial
groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition
to "Black" or "African American."
d. Native Hawaiian or Other Pacific Islander. A person having origins in any of the
original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
e. White. A person having origins in any of the original peoples of Europe, the Middle
East or North Africa.
3. "Other" - You should check "other: for any racial category that is not identified in
one of the five single race categories listed in Section 2, above.
21
EXHIBIT I
AFFIDAVIT OF LAWFUL PRESENCE
, swear or affirm under penalty of perjury under the laws of the
State of Colorado that (check one):
I am a United States citizen, or
* I am a Permanent Resident of the United States, or
* I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully present
in the United States prior to receipt of this public benefit. I further acknowledge that making a
false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable
under the criminal laws of Colorado as perjury in the second degree under Colorado Revised
Statute 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is
fraudulently received.
Signature Date
*If Affiant affirms that he /she is either a Permanent Resident or otherwise lawfully present in the United
States, Agency must complete the S.A.V.E. verification.
For internal use only:
IDENTIFICATION PROVIDED
Current Colorado Driver's License or Permit
United States Military Card
Current Colorado Identification Card Issued by Department of Motor Vehicles
United States Coast Guard Merchant Mariner Card
United States Military Dependent ID Card
Native American Tribal Document
For internal use only:
ALTERNATE I.D. REQUIREMENTS
If applicant cannot produce one of the identification documents listed at left, please
refer to Attachments A and B of the Department of Revenue's "Rules for Evidence of
Lawful Presence" located at www.Coiorado.gov.
22
ADVISEMENT REGARDING USE OF COLORADO DEPARTMENT OF REVENUE EMERGENCY RULES
FOR TEMPORARY ADDITIONAL IDENTIFICATION DOCUMENTS OR PROCEDURES
The Colorado Department of Revenue requires the following advisement if the Applicant
chooses to use one of the additional forms of identification authorized by its Executive Director
pursuant to § 24- 76.5 - 103(5) (a), C.R.S.:
1. Under current Colorado law, in order to receive benefits beyond July 1, 2007,
Applicant must produce one of the following forms of identification: a valid
Colorado driver's license or a Colorado identification card issued pursuant to
Article 2 of Title 42, C.R.S.; a United States military card or a military
dependent's identification card; a United States Coast Guard merchant
mariner card; or a Native American tribal document.
2. As soon as possible, Applicant should begin working diligently to secure the
appropriate identification document; and
3. A determination of eligibility for benefits based on an Alternative Identification
or the Electronic Identification Indicator in no way constitutes a
representation that Applicant has provided sufficient information or
documentation to support the issuance of one of the forms of identification
set forth in § 24 -7605- 103(4) (a) C.R.S.
23
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Reception 1930729
01/09/2013 03:49:16 PM
QUIT CLAIM DEED
THIS QUIT CLAIM DEED ( "Deed "), made on this 3 day of January, 2013, between the City of
Pueblo, a Municipal corporation ( "Grantor "), and Posada ( "Grantee ").
WITNESSETH, that Grantor, for and in consideration of Ten Dollars and no /100 ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has
•
remised, released, sold, conveyed and quit claimed, and by these presents does remise,- release, sell,
convey and quit claim unto Grantee, its successors and assigns forever, all of Grantor's right, title,
interest, claim and demand which Grantor has in the real property and improvements, if any, situate, lying
and being in the County of Pueblo, Colorado:
E 11.83 FT OF LOT 15 ALL 16 BLK 45 EAST PUEBLO, County of Pueblo, State of Colorado
TO HAVE AND TO HOLD the property above bargained and described, together with all and
singular the hereditaments and appurtenances and privileges thereunto belonging, or in anywise thereunto
appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or
equity, unto Grantee, forever. Grantee takes said right, title and interest of Grantor subject to all liens,
claims, suits, encroachments, leases and environmental conditions, including those of record and those
not of record.
IN WITNESS WHEREOF, Grantor has caused its corporate name to be hereunto subscribed by
the President of the City Council of Pueblo, and its corporate seal to be hereunto affixed, attested by the
City Clerk, the day and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
By: i// : . /!1 / -
` res en of ity Council
By: ��,.
a Dutcher, City Clerk •
•
COUNTY OF PUEBLO ) •
ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 3 day of January; 2013 by
Chris Kau- Prrvirr , President of City Council and Gina Dutcher, City Clerk.
Witness my hand and official seal.
My commission expires: -21- 20 1 S •
Le RENE BRAVO -NEFF 1
NOTARY PUBLIC 11, / _ a Ahalt:)
STATE OF COLORADO N Y. Public
Reception 1930730
01/09/2013 03:49:16 PM
QUIT CLAIM DEED
THIS QUIT CLAIM DEED ( "Deed "), made on this 3 day of January, 2013, between the City of
Pueblo, a Municipal corporation ( "Grantor "), and Posada ( "Grantee ").
WITNESSETH, that Grantor, for and in consideration of Ten Dollars and no /100 ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has
remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell,
convey and quit claim unto Grantee, its successors and assigns forever, all of Grantor's right, title,
interest, claim and demand which Grantor has in the real property and improvements, if any, situate, lying
and being in the County of Pueblo, Colorado:
E 30 FT OF LOT 14 + W 32.17 FT OF LOT 15 BLK 45 EAST, PUEBLO FORMERLY #04 - 311-
17 - 015 + 016, County of Pueblo, State of Colorado
TO HAVE AND TO HOLD the property above bargained and described, together with all and
singular the hereditaments and appurtenances and privileges thereunto belonging, or in .anywise thereunto
appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or
equity, unto Grantee, forever. Grantee takes said right, title and interest of Grantor subject to all liens,
claims, suits, encroachments, leases and environmental conditions, including those of record and those
not of record.
IN WITNESS WHEREOF, Grantor has caused its corporate name to be hereunto subscribed by
the President of the City Council of Pueblo, and its corporate seal to be hereunto affixed, attested by the
City Clerk, the day and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
By: /14 /rILi
Presi nt o the r ity Council
By: \ -
a Dutcher, City Clerk
•
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO ) •
The foregoing instrument was acknowledged before me this 3 day of January, 2013 .by
C ktrj, +Fryib.r , President of City Council and Gina Dutcher, City Clerk.
Witness my hand and official seal.
My commission expires: X 2 I -2O I •
SEAL]
LORENE BRAVO -NEFF
NOTARY PUBLIC I-11'.• 'ally11- / I0.
Notary Public //
STATE OF COLORADO
Reception 1930731
01/09/2013 03:49:16 PM
QUIT CLAIM DEED
THIS QUIT CLAIM DEED ( "Deed "), made on this 3 day of January, 2013, between the City of
Pueblo, a Municipal corporation ( "Grantor "), and Posada ( "Grantee ").
WITNESSETH, that Grantor, for and in consideration of Ten Dollars and no /100 ($10.00) and
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has
remised, released, sold, conveyed and quit claimed, and by these presents does remise, release, sell,
convey and quit claim unto Grantee, its successors and assigns forever, all of Grantor's right, title,
interest, claim and demand which Grantor has in the real property and improvements, if any, situate, lying
and being in the County of Pueblo, Colorado:
East 42 feet of Lot 13 and the West 14 feet of Lot 14, Block 45, East Pueblo, E 30 FT OF LOT 14
+ W 32.17 FT OF LOT 15 BLK 45 EAST, PUEBLO FORMERLY #04- 311 -17 -015 + 016,County
of Pueblo, State of Colorado
TO HAVE AND TO HOLD the property above bargained and described, together with all and
singular the hereditaments and appurtenances and privileges thereunto belonging, or in anywise thereunto
appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or
equity, unto Grantee, forever. Grantee takes said right, title and interest of Grantor subject to all liens,
claims, suits, encroachments, leases and environmental conditions, including those of record and those
not of record.
IN WITNESS WHEREOF, Grantor has caused its corporate name to,be hereunto subscribed by
the President of the City Council of Pueblo, and its corporate seal to be hereunto affixed, attested by the
City Clerk, the day and year first above written.
ATTEST: PUEBLO, A MUNICIPAL CORPORATION
By: l
Pre ' entofth= ity Council
By:
Git Dutcher, City Clerk
•
COUNTY OF PUEBLO )
ss. .
STATE OF COLORADO )
The oo' instrument was acknowledged before me this 3 day ofJanuary, 2013 by .
ehrt S t a.v1 , President of City Council and Gina Dutcher, City Clerk.
Witness my hand and official seal.
My commission expires: d - 21 2D IC
LORENE BRAVO -NEFF
NOTARY PUBLIC STATE OF COLORADO
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Not. ry Public