HomeMy WebLinkAbout12525RESOLUTION NO. 12525
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN HABITAT FOR HUMANITY PUEBLO, INC.
AND THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, FOR THE CONVEYANCE OF
PROPERTY, LOCATED AT 2601 CHELTON AVE AND
AUTHORIZING THE PRESIDENT OF THE CITY
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 President of the City Council is hereby authorized to execute, and the City Clerk to
attest, a deed for the property listed on Attachment “A” hereto.
INTRODUCED: October 22, 2012
BY: Sandy Daff
COUNCIL PERSON
ATTACHMENT “A”
Street Address & Legal Description HOME Expenditures
2601 Chelton Lane, $92,230.50
Lot 11, Block 2, Oakshire Hills, Filing #2
Background Paper for Proposed
RESOLUTION
# M-9
AGENDA ITEM
DATE: OCTOBER 22, 2012
DEPARTMENT:
HOUSING AND CITIZEN SERVICES
ADA RIVERA CLARK, DIRECTOR
TITLE
A RESOLUTION APPROVING AN AGREEMENT BETWEEN HABITAT FOR HUMANITY
PUEBLO, INC. AND THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, FOR THE
CONVEYANCE OF PROPERTY, LOCATED AT 2601 CHELTON AVE AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME.
ISSUE
Should the City transfer title to an improved parcel to Pueblo Habitat for Humanity for its
inclusion in Habitat’s affordable housing program?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The City owns an improved parcel of property that the Department of Housing and Citizen
Services wishes to convey to Habitat for Humanity for sale to households eligible for their
affordable housing program. The property on Chelton was purchased with HOME funds from
the owners prior to its foreclosure. The property needs about $25,000 in repairs, which Habitat
is willing and able to undertake. The property is to be donated to Habitat.
Habitat acts as lender in their program and therefore mortgage payments are made to Habitat
by the homeowners. The funds are then rolled back into the program to purchase materials and
to pay contractors for those jobs that require licensing (electrical, plumbing, etc), and also to
cover operating expenses.
Habitat’s program targets families at 60% of the Area Median Income (AMI). A four-person
household earning less than $36,600 (2012 AMI) would qualify. If the families default on their
loan Habitat has the right of first refusal and will take the property back into inventory to be
offered to another family.
FINANCIAL IMPACT
The transfer of this property will allow the City to meet its requirements under the grant and
reduce expenditures for staff time and maintenance costs associated with carrying the property.
It will also return the property to the tax rolls. Initial HOME grant investment in the purchase of
the property was $95,230.50.
PROPERTY DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of October, 2012, by
and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo,
Colorado, 81003 (the "City ") and Pueblo Habitat for Humanity , 2313 S, Prairie Avenue,
Pueblo, Colorado, 81005 ( "Disposal Agency ").
WHEREAS, City holds a certain parcel of property, described more particularly
in paragraph 7 hereof (hereafter referred to collectively as the "Property "), which has
been assisted with federal funds provided under authority of the HOME Investment
Partnerships Act, 42 U.S.C. §12701, et. seq., the Cranston - Gonzales National Affordable
Housing Act and implementing regulations, including but not limited to those at 24
C.F.R. Part 92 (collectively "HOME "); and
WHEREAS, the Property is presently owned by the City because the federally
assisted project has not proved to be successful; and
WHEREAS, Disposal Agency represents that it is a qualified non -profit agency,
which operates programs designed toward providing affordable housing, and that it will
be either able to make use of the Property in connection with one or more of its housing
programs or projects;
NOW, THEREFORE, in consideration of the foregoing recitals and the promises
and mutual covenants contained herein, the parties agree as follows:
1. 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. Disposal Agency agrees to undertake all actions in the Scope of Services
outlined in Exhibit A.
3. All funds recovered by Disposal Agency from the sale of each Property, shall
be retained by Disposal Agency; provided, however, that the entire amount recovered by
Disposal Agency from the resale, rental, lease or other reuse of each Property including
any receipt of principal and interest on said notes, up to, but not exceeding, the amount of
the federal investment shown for the Property in paragraph 7 of this Agreement, shall be
deemed Net Proceeds, which carry no further limitations or restrictions by the City.
4. The parties acknowledge and agree that Disposal Agency is an independent
developer and not an agent of City for any purpose in connection with this Agreement.
Disposal Agency agrees to indemnify, defend and hold City harmless from and against
any and all claims, damages, liabilities and court awards including costs, expenses and
attorney fees incurred arising from or related to any act or omission of Disposal Agency
or its officers, agents, employees, volunteers or developers or arising from or related to
Disposal Agency's use, reuse, modifications, resale or leasing of the Property.
5. The Property is located in Pueblo County, Colorado and has the legal
description and a HOME grant investment amount as set forth below:
a. Lot 11, Block 2, Oakshire Hills, Filing #2,
b. $95,230.50
6. In the event the Property is sold by Disposal Agency to a qualified low or
moderate income buyer without recapturing the full amount of the HOME Investment at
time of sale, Disposal Agency shall require, by deed restrictions, mortgage conditions or
other enforceable means, that the Property remain affordable as defined in the HOME
regulations, and that, in the event of failure of such requirement, that the remaining
HOME Investment amount for such Property is recovered. The period of affordability
shall be fifteen (15) years.
7. HOME regulation 24 CFR, § 92.356 is incorporated herein by reference, and
sets forth applicable HOME requirements pertaining to Conflict of Interest. Disposal
Agency, and its Board of Directors, officers and employees, shall avoid all conflicts
prohibited by the applicable regulations, including but not limited to those set forth in 24
CFR Part 92 as presently promulgated and as same may be revised from time to time in
the future.
8. Disposal Agency shall maintain records as to the use of the Property, proceeds
from resale of any Property. Accounting records shall be kept on a generally recognized
accounting basis and as requested by the City's auditor. Disposal Agency agrees to
comply with all applicable uniform administrative requirements described or referenced
in 24 CFR Part 92. The City, HUD, the Comptroller General of the United States, the
Inspector General of HUD, and any of their authorized representatives, shall have the
right to inspect and copy, during reasonable business hours, all books, documents, papers
and records of Disposal Agency which relate to this Agreement for the purpose of
making an audit or examination. At any time within 20 years after date of this
Agreement, the City may require all of Disposal Agency's financial records relating to
this Agreement to be turned over to the City.
9. The City shall have the right to monitor and evaluate the progress and
performance of Disposal Agency to assure that the terms of this Agreement are being
satisfactorily fulfilled in accordance with HUD's, City's and other applicable monitoring
and evaluation criteria and standards. The City may periodically review Disposal
Agency's performance using on -site visits, progress reports required to be submitted by
Disposal Agency, audit findings, disbursement transactions and contact with Disposal
Agency as necessary. Disposal Agency shall furnish to the City periodic program and
financial reports of its activities in such form and manner as may be requested by the
City. Disposal Agency shall fully cooperate with City relating to such monitoring and
evaluation.
10. Disposal Agency shall maintain files containing information which shall
clearly document activities performed in conjunction with this Agreement, including, but
not limited to, financial transactions, conformance with assurances, activity reports..
These records shall be retained by Disposal Agency for a period of five years, except that
with respect to any Property for which the HOME Investment has not been fully
recovered, such records shall be maintained for the full required period of affordability
plus five- years. Activity reports shall be submitted quarterly no later than the ninth day of
the month following the end of the period for which the report is submitted. The
frequency of reporting under this paragraph and paragraph 13 of this Agreement shall be
specified by City, and may be changed, from time to time, as the City may in its sole
discretion deem necessary or desirable.
11. As to the City, Disposal Agency agrees to assume the risk of all personal
injury, including death and bodily injury, and damage to and destruction of property,
including loss of use therefrom, caused by or sustained, in whole or in part, in
conjunction with or arising out of the performance or nonperformance of this Agreement
by Disposal Agency, the ownership, rehabilitation or sale of any Property conveyed to
Disposal Agency or by the conditions created thereby or resulting therefrom. Disposal
Agency further agrees to indemnify and save harmless the City, its officers, agents,
attorneys and employees, from and against any and all claims, liabilities, costs, expenses,
penalties and attorney fees arising from such injuries to persons or damages to property
or based upon or arising out of the performance or nonperformance of this Agreement by
Disposal Agency, or the ownership, rehabilitation or resale of any Property conveyed to
Disposal Agency, or warranties, if any, upon any resale, or out of any violation by
Disposal Agency of any statute, ordinance, rule or regulation.
12. The provisions set forth in this Agreement, and all Exhibits and attachments to
this Agreement, constitute the entire and complete agreement of the parties hereto and
supersede all prior written and oral agreements, understandings or representations related
thereto. No amendment or modification of this Agreement, and no waiver of any
provision of this Agreement, shall be binding unless made in writing and executed by the
duly authorized officers of both the Disposal Agency and City.
13. The persons signing this Agreement on behalf of Disposal Agency represent
and warrant that such persons and Disposal Agency have the requisite power and
authority to enter into, execute and deliver this Agreement and that this Agreement is a
valid and legally binding obligation of Disposal Agency enforceable against Disposal
Agency in accordance with its terms.
IN WITNESS WHEREOF, Disposal Agency and the City have executed this
Agreement as of the date first above written and under the laws of the State of Colorado.
CITY OF PUEBLO
ATTEST: A Municipal Corporation
By I da
City erk Pr; ident of the Ci , Council
[SEAL]
Pueblo Habitat-for rumam
Title: .1.1--,
ATTEST:
By
Name:
Title:
EXHIBIT A
SCOPE OF SERVICES
1- PROPERTY REHABILITATION
Developer is responsible for all aspects of the rehabilitation work, including but not
limited to the following:
a. Preparation of the rehabilitation estimate;
b. Procurement of contractors;
c. Ensuring all work (including any responsibilities for environmental hazards
testing, clean -up and clearance) is done in accordance with local, state and
federal laws;
d. Oversight of sub - contractors, volunteers and any staff associated with
program management and /or property rehabilitation;
e. Obtaining all necessary permits and ensuring that all permits are "finaled"
prior to sale of the property to an owner - occupant;
f. Notifying the Department of Housing and Citizen Services for final
inspection of the property, apart from any inspections required by the
Regional Building Department.
2- APPROVAL OF APPLICANTS
a. The Developer is required to approve applicants under the parameters of
their affordable housing program that meet HOME household income limits.
3- DEED RESTRICTIONS and CONTINUED AFFORDABILITY
a. Developer is required to educate the Applicant with regard to the Deed of
Trust and Promissory Note to ensure the understanding of the period of
affordability by the buyers of the housing unit. Developer is responsible for
the inclusion of the Deed of Trust and Promissory Note and ensuring the
recording of the said documents with the Pueblo County Clerk and
Recorder.
4- ANNUAL CERTIFICATION OF OWNER OCCUPANCY
a. The Developer is required to certify annually for continued owner -
occupancy by mail with signature confirmation and report by January 15th of
each calendar year of the affordability period (fifthteen -years from the date
of closing). The manner in which annual certification is achieved is at the
discretion of the Developer.
EXHIBIT B
ACCOUNTING SYSTEM COMPLIANCE PROVISIONS
1. As used in this Exhibit, the term "Developer" shall mean the entity entering into
the Agreement with the City of Pueblo, a Municipal Corporation to which this
Exhibit is attached.
2. Developer is subject to and shall comply with the requirements of OMB Circular
A -133.
3. Developer agrees to maintain Project and accounting records in accordance with
generally accepted accounting principles which accurately reflect all costs
chargeable to the Project, utilize adequate internal controls, and maintain source
documentation for all costs incurred. The City shall have the right to review and
approve Developer's account system and internal controls prior to the release of
any funds under the Agreement.
4. During the preconstruction and construction phases of the Project, the Developer
shall not materially deviate from any approved Project budget unless any
proposed major revision thereto has been submitted to City and approved in
writing. Change orders of less than $10,000 each or $50,000 in the aggregate
shall not be deemed to be material deviations or major revisions to the Project
budget.
5. Nothing in the Agreement or the Exhibits thereto shall obligate City to any third
parties nor to any contractors, subcontractors, consultants, suppliers or workmen
who have contracted with Developer or provided any materials or services to
Developer.
6. The City has the right to periodically perform interim audits and a final audit of
the Project and funds provided under the Agreement. Developer shall fully
cooperate with City in undertaking any such audit and shall provide a suitable
work area for City's audit personnel to inspect and copy records.
EXHIBIT C
FEDERAL DEBARMENT CERTIFICATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED
TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants
responsibilities. The regulations were published as Part IV of the January 30, 1989,
Federal Register (pages 4722 - 4733).
* ** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON
NEXT PAGE * **
(1) The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attached an
explanation to this proposal.
/;nLi /ioNt4 T of/ /A/C.
Organization Name PR/Award Number or Project
Name
A e /r6- �i✓Pok C( P/Lts7 )✓r
Name(s) and Title(s) of Authorized Representative(s)
- /
ignature s • a
Federal Debarment Certification — continued on following page
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective lower tier participant is
providing the certification set out on the reverse side in accordance with these
instructions.
2. The certification in this clause is a material representation of fact upon which
reliance was placed when this transaction was entered into. If it is later
determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to
the person to whom this proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower
tier covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should
the proposed covered transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that
it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,"
without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that it is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless
it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension
and /or debarment.
Form AD-1048 (1/92)
EXHIBIT D
CERTIFICATIONS
The entity entering into this Agreement with the City hereby certifies that the
Project will be conducted and administered in compliance with all of the following
requirements:
(1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352; 42 U.S.C. 2000d,
et seq.) and implementing regulations issued at 24 CFR Part 1;
(2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284; 42 U.S.C.
3601, et seq.), as amended; and that the grantee will administer all programs and
activities related to housing and community development in a manner to affirmatively
further fair housing;
(3) Section 109 of the Housing and Community Development Act of 1974, as
amended; and the regulations issued pursuant thereto;
(4) Section 3 of the Housing and Urban Development Act of 1968, as
amended;
(5) Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(6) Executive Order 11063, as amended by Executive Orders 12259, and
implementing regulations at 24 CFR Part 107;
(7) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as
amended, and implementing regulations when published for effect;
(8) The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and
implementing regulations when published for effect;
(9) The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, and the HUD implementing regulations set forth in 24 CFR Part 42;
(10) Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11288 relating to the prevention, control and abatement of water
pollution;
(11) The flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (Pub. L. 93 -234);
(12) The applicable regulations, policies, guidelines and requirements of OMB
Circular Nos. A -102, Revised, 24 CFR 85 and Subpart J of 24 CFR 570, A -87, A -110,
A -122, A -128 and A -133 as they relate to the acceptance and use of federal funds under
this federally- assisted program;
(13) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly
section 176 (c) and (d) [42 U.S.C. 7506 (c) and (d)];
(14) HUD environmental criteria and standards [24 CFR Part 51,
Environmental Criteria and Standards];
(15) The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et. seq., and
21 U.S.C. 349) as amended; particularly section 1424 (e) (42 U.S.C. 300 (h)- 303(e));
(16) The Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.) as
amended; including but not limited to section 7 (16 U.S.C. 1536) thereof;
(17) The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1272 et. seq.) as
amended; particularly section 7 (b) and (c) [16 U.S.C. 1278 (b) and (c)];
(18) The Reservoir Salvage Act of 1960 916 U.S.C. 469 et. seq.); particularly
section 3 (16 U.S.C. 469a -1); as amended by the Archeological and Historical
Preservation Act of 1974;
(19) Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et. seq.) as
amended; particularly sections 102(a) and 202(a) [42 U.S.C. 4012a(a) and 4106(a)];
(20) Executive order 11990, Protection of Wetlands, May 24, 1977 (42 FR
26961 et. seq.); particularly sections 2 and 5;
(21) It will comply with the Lead -Based Paint Poisoning Prevention
requirements of 25 CFR Part 35 issued pursuant to the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821 et. seq.);
(22) The National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.) as
amended; particularly section 106 (16 U.S.C. 470f); and
(23) Executive Order 11593, Protection and Enhancement of the Cultural
Environment, May 13, 1971 (36 FR 8921 et. seq.); particularly section 2(c).
(24) Construction work financed in whole or in part with federal funds is
subject to the prevailing wage requirements of the Davis Bacon Act (29 CFR, Parts 3 and
5), the Copeland Act (29 CFR Part 3), and the Contract Work Hours and Safety
Standards Act (Public Law 91 -54, 83 Stat. 96). When a project meets this applicability
requirement, the labor standards provisions of the HUD 4010 and the Davis Bacon Wage
Decision issued for the project will be incorporated into this contract document and shall
be incorporated into all construction contracts and subcontracts of any tier thereunder.
(25) No CDBG funds may be expended for lobbying purposes and payments
from other sources for lobbying must be disclosed 24 CFR Part 87.
(26) Where asbestos is present in property undergoing rehabilitation, Federal
requirements apply regarding worker exposure, abatement procedures and disposal.
CPD -90 -44 EPA /OSHA.
(27) When HOME Investment Partnership Act funds are used, the Subrecipient
will comply with implementing regulations and requirements under 24 CFR 92.
Sign ture_
Reception 1926799
11/28/2012 02:59:24 PM
QUIT CLAIM DEED
THIS QUIT CLAIM DEED ( "Deed "), made on this 26 day of October, 2012, between the City of
Pueblo, a Municipal corporation ( "Grantor "), and the Pueblo Habitat for Humanity ( "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:
Lot 11, Block 2, Oakshire Hills, Filing No. 2, FORMERLY #04- 282 -31 -011, County of
Pueblo, State of Colorado
Commonly known as: 2601 Chelton Lane, Pueblo, 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,
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: ^ 4- 14u, vn PUEBLO, A MUNICIPAL CORK)* • TION
9 0 . U By ��, �_.,� /L,�L p r eside t of e City ' ouncil
• �/ a /
E&1 .�
o Q Ap s By: \
Dutcher, City Clerk
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 26 day of October, 2012 by
C - //ea K _ PL,, Pm I9-•' , President of City Council and Gina Dutcher, City Clerk.
,s;:0,,,' ti ," ` �' , i es `mq'hand and official seal.
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