HomeMy WebLinkAbout13068RESOLUTION NO. 13068
A RESOLUTION APPROVING AMENDMENT NO. 1 TO A
CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND THE
PUEBLO URBAN RENEWAL AUTHORITY, A BODY
CORPORATE AND POLITIC OF THE STATE OF
COLORADO RELATING TO LOTS 24 TO 41, BLOCK 12,
SUNNYSIDE, LOTS 24 TO 35, BLOCK 5, SUNNYSIDE
AND THE SOUTHERLY 1.17 ACRES OF THE PUEBLO
FIRE STATION NO. 4 SUBDIVISION AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE
SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Amendment No. 1 dated September 9, 2014 between Pueblo, a municipal
corporation and the Pueblo Urban Renewal Authority, a body corporate and politic of
the State of Colorado, a copy of which is attached hereto (“Amendment”) having been
approved as to form by the City Attorney, is hereby approved. The President of the City
Council is authorized to execute and deliver the Amendment in the name of the City and
the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached Amendment to
effectuate the transactions described therein.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED: October 14, 2014
BY: Ed Brown
COUNCILPERSON
City Clerk’s Office Item # M-5
Background Paper for Proposed Resolution
COUNCIL MEETING DATE:
October 14, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Daniel C. Kogovsek, City Attorney, Law Department
SUBJECT: A RESOLUTION APPROVING AMENDMENT NO. 1 TO A CONTRACT TO BUY
AND SELL REAL ESTATE BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND THE PUEBLO URBAN RENEWAL AUTHORITY, A BODY
CORPORATE AND POLITIC OF THE STATE OF COLORADO RELATING TO
LOTS 24 TO 41, BLOCK 12, SUNNYSIDE, LOTS 24 TO 35, BLOCK 5,
SUNNYSIDE AND THE SOUTHERLY 1.17 ACRES OF THE PUEBLO FIRE
STATION NO. 4 SUBDIVISION AND AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a proposed Resolution which extends the date for the City to subdivide parcels
located within the Lake Minnequa project area of the Pueblo Urban Renewal Authority
(“PURA”). The deadline for the subdivision is extended from June 1, 2013 until June 30, 2015.
PREVIOUS COUNCIL ACTION:
On June 13, 2011 by Resolution No. 12172, City Council approved a contract to buy and sell
Lots 24 to 41, Block 12, Sunnyside, Lots 24 to 35, Block 5, Sunnyside and the Southerly 1.17
acres of the Pueblo Fire Station No. 4 Subdivision (“Sunnyside Property”). Under the contract,
the City agreed to sell the Sunnyside Property to PURA for a purchase price of $240,000. The
proceeds from the sale were used for the construction of the new Minnequa Fire Station.
BACKGROUND:
When the Sunnyside Property was sold in June, 2011, the City and PURA anticipated that the
Sunnyside Property would be subdivided by the City on or before June 1, 2013. The target date
has not been met and the parties have agreed to extend the date for the anticipated subdivision
until June 30, 2015.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
On September 9, 2014, by Resolution No. 2014-26, the Commissioners of PURA approved this
Amendment No. 1 to the June 13, 2011 Agreement.
ALTERNATIVES:
Maintenance of the status quo under which the June 13, 2011 Buy and Sell Agreement would
contain an out-of-date subdivision deadline.
RECOMMENDATION:
Approval of the Resolution.
Attachment(s):
Amendment No. 1
AMENDMENT NO. 1
CONTRACT TO BUY AND SELL REAL ESTATE
This Agreement ("Amendment No. 1") is made as of September 9, 2014,by and between
the CITY OF PUEBLO, a Municipal Corporation (the "Seller") and the PUEBLO URBAN
RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (the"Buyer")
(collectively, the"Parties"or individually, a "Party").
RECITAL
The Parties entered into a Contract to Buy and Sell Real Estate dated as of June 13, 2011
(the "Contract"). The Parties agree to modify the Contract in accordance with this Amendment
No. 1.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing the Parties agree as follows:
1. Schedule A. Schedule A of the Contract is hereby amended as follows:
(a) The date in lines 3 and 4 of Section 3 of Schedule A of the Contract is
changed from September 30, 2012 to December 31, 2014.
(b) The date in line 7 of Section 3 of Schedule A of the Contract is changed from
June 1, 2013 to June 30, 2015.
2. Effect of Amendment. Except as modified by this Amendment No. 1, the
provisions of the Contract shall remain unchanged and in full force and effect and fully binding
on the Parties, their successors and assigns, and the Contract and this Amendment No. 1 shall be
construed together as a single integrated document.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF,the Parties have signed this Amendment No. 1 as of the date
first above written.
SELLER: BUYER:
PUEBLO, a Municipal Corporation PUEBLO URBAN RENEWAL
AUTHORITY ----)
BY . 7.iit
B i
� Y• i A, 1�
President of the City Coun,OW V lr air
Attest: Attest: E J
City Jerk S-, etary/Executive Dir,• •r
Approved as to form:
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City Attorney I
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