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HomeMy WebLinkAbout02496 ORDINANCE NO, 206 ty 28293, 'l AN ORDINANCE CONCERNING URBAN RENEWAL, APPROVING v ‘00.#0,:•• cp AND PROVIDING FOR THE EXECUTION OF A NOVATION & � < /),. s ,C*.. v AGR IN CONNECTION WITH NUMBERED CONTRACT N t.A Jt- `tio, COLO. NO. R -3 (A) , SUCH NUMBERED CONTRACT HERETO,. <4, � N FORE ENTERED INTO BETWEEN THE CITY OF PUEBLO AND " 9i SGtrtt \t" THE UNITED STATES OF AAERICA UNDER TITLE I OF THE HOUSING ACT OF 19149 AS AMENDED BY ALL AMENDATORY ACTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that* SECTION 1, The proposed Novation Agreement attached hereto and made a part hereof by reference, in connection with numbered Contract No. Colo. R -3 (A), such numbered contract heretofore entered into between the City of Pueblo, and the United States of America under Title I of the Housing Act of 19149, as amended by all amendatory acts, is hereby in all respects approved. SECTION 2. The President of the Council of the City of Pueblo is, here authorized and directed to execute said Novation ;Agreement .in three - counter- , i parte 'on ' behalf of the City of Pueblo and the City Clerk is authorized r and directed to impress and attest the official seal of the City of Pueblo on each such counterpart and to forward such counterparts to the Housing and Home Finance Agency, together with such other documents relative to the approval and execution of such counterparts and to this Ordinance as may be required by the Government. SECTION 3. This Ordinance shall become effective-upon-date of_ passage. f x z u INTRODUCED July 13, 1959 t • By O.. J tsURRESS, JR. , Colin APPROVED ..4.-e---- , Pre ent of the Council i ATTEST :' y B1 ' 1ia -Deputy City Clerk • „;$ �4 �, F r 949 SATE OF COLORADO ) COt OF PUMA ". NOVATION AGREEMENT % Agreement by and among the City of Pueblo, a Municipal Corpora! ton "and'horae ro le c ity of • Cotutit Colorado, b walled the party of the first part the Urbsaa Real Authartty for the Ci.ty of Pueblo, a public corporation organised and existing by virtue of statutes of the State of Colorado and situated in Pueblo County, Colorado, herein called the party of the second part, and the United States of America acting by and through the Housing and Home Finance Administrator, by the Regional Administrator, Region V, herein celled the party of the third part; W I T N E S$ E T H THAT WHEREAS, under date of August 17, 1956, the party of the first part enteredArito_ a .+contract,Anown _as: „contract for Planning -Advanc _Colo. ` < Rd9 A berem called :contract rtth � the ar of ,the third t under the ,..� P t y i tee 'of uhtch patty of the =third part aareed ton adv ance to the` palmy of -the first, part on conditions set forth therein the sum of yorty+.four thousand, four hundred fifteen Dollars ($414,1E15.00), for surveys and plans in preparation of an Urban Renewal pro3ect of the character contemplated by Title I of the Housing Act of 19149 as amended; and, f tEitLAH,: there has . been advonced to the party of . the first part t der the contract the total sup of Ntee9a `thousand, fear hundred ninety -nine Do11ara ($191499 OO); + , 1AFAS, the party of the first part desires to be released and die► charged . from ita obligations under ,tom contract and;the party of the third part agrees =to re lease and discharg the party of the first part there nom on the condition that :the party_o : the ' eeeond part undert8 s to :pertone and be bound . by the tOriitit of the contract; and, -SEAS, the 'party of the second part agrees to perform: and to ::be ., bound by the terms of the contract; to 2 NOW THENIPORE, in consideration of the mutual agreements and assign- ments set forth herein the parties hereto agree as followst The party of the first part in consideration of the. agreement of . E the party oY the second part to perform annd 'undertake all obligations of . the party of the first part tender the contract and in consideration of the release and discharge by the party of the third part of all claim and demands against the party of the first part arising under the contract hereby assigns and transfers to the party of the second part all of the right, title and interest of the party of the first part in and to the contract and in and to any and all contracts now caciating between the party of the first part and third persons relating to surveys plans or other work undertaken pursuant to the contract and in and to all studies, surveys and plane for ar urban renewal projectrepared pursuant to or in connection with the contract subject to .,x such conditions as may be in the .public . interest and also hereby assigns and transfers ,,to the party of the coed part Fall of the „ unexpended funds and all. other assets, supplies, data, property and equipment prepared or acquired with ftutda made available under the contract or for the purpose of preparing surveys and plans for a8! urban renewal project. II. The party of the second part in of the assient in transfer by 'the' party of the .first °part set forth above and in considerate tion of the a ceeeent of the party of the xthird.part< to accept the party of the second part as party to the contract and substitution of the party of the first part hereby agrees to perform the contract and to be bound by all the terms`.thereof including repayment to the party of the third part of ; some advanced to the party p+ the first part under the tame of tha. cataract as if in all respects the party of the second part were an original party to the contract in place of the party of the first part. a n;v COI 3 � The party of the third part in consideration of the assigrraut and transfer by the party of the first part set forth in Paragraph 1 above And,in consideration of the agreement of the party of the second part set forth in Paragraph 2- ,above hereby.releaees a discharges the 4. par of the' first part from its'obligationa under the contract and ;. all olds and accounts arising thereunder and accepts the party of the second part as the substitute party to the contract and hereby agrees to be bound by the terms of the contract in all respects as if the party of the second part were originally named in the contract as a party thereto in place of the party of the first part. • Iv. The parties hereto agree that they will insofar as they may be authoria ed . bya.law =' perform ell euch acts - as may be necessary, or desirable to assure and aonfirm the asst ent :or re ';of all • rights, duties, obligations, funds -and other assets- intended by this agreement to be so assigned or released and perform all such further acts as may be necessary or desirable to carry out the purposes of this agreement. This agreement is executed,in three counterparts each of which is to be deemed:: en original and three ' conformed : copies. IN° WITNESS OF t he party of the first part has caused thin agreement to` be duly executed fn ite behalf and 'its seal tobe'hereunto affixed and attested; and the party of the second part has caused the same to be duly executed An its behalf and its' seal to be hereunto af® fixed and attested; and .thereafter the party of 'the .thir ;part has } caused the.same:=to be duly executed in its behalf .on the,' day of tir ,, 1959, on which date this Agreement is effective. k 1. - .: f y • 14 4 ATTEST s . CITY OF PUEBLO, COLORADO n G�� 411.01.000.7..0 y (....ies— {de y CZe Free nt of the Cour:oil / K Deputy ity ter ATTEST: URBAN RENEWAL AUTHORITY FOR THE CITY OF PUEBLO, COIARADO Secretary _ - - Chairman UNITE) STATES OF AMERICA HOUSING AND HOPE FINAIL'E ADMINISTRATOR By g oral - Admi ntetrat Reg V • • •