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HomeMy WebLinkAbout6745r RESOLUTION NO. 6745 • RESOLUTION APPROVING A CONTRACT BETWEEN PUEBLO, • MUNICIPAL CORPORATION AND NEIGHBORHOOD HOUSING SERVICES, INC. RELA'T'ING TO THE TRANSFER OF PROPERTY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Contract dated May 28, 1991 between Pueblo, a Municipal Corporation and Neighborhood Housing Services, Inc., relating to the transfer of property and the deed referred to therein having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is hereby authorized and directed to execute and deliver the Contract and the deed referred to therein in the name of and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2 The property described in the Contract is hereby declared to be excess to the City's needs and is hereby found to be available and appropriate for transfer to Neighborhood Housing Services, Inc., to be used in furtherance of its program to construct or cause to be constructed thereon qualified affordable housing for low- to moderate - income persons and families. IN`IRODUCED: May 28, 1991 By DR. GILBERT GARBISO Councilperson c ATTEST: C lerk PUEBLO, A MUNICIPAL CORPORATION BY: Pre dent of City Council THIS CONTRACT entered into as of the 28th day of May, 1991 between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Neighborhood Housing Services, Inc., 825 N. Greenwood, Pueblo, CO 81003 ( "NHS"), WITNESSEI'H: In consideration of the benefits to accrue to City and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants contained herein, City and NHS agree as follows: 1. Upon execution hereof, NHS will take possession of the Property described in paragraph 7 hereof (the "Property ") and commence and diligently pursue completion of the construction of improvements thereon in futherance of NHS's program to construct or cause to be constructed quality affordable housing for low- to moderate - income persons and families. All improvements will be constructed in coripliance with all applicable laws, codes and regulations. 2. If the improvements to be constructed on the Property are not substantially completed within twelve (12) months from date hereof, this Contract shall become void and unenforceable, and the parties shall be released from all obligations hereunder except those imposed upon NHS by paragraph 4 hereof. 3. Upon substantial completion of the improvements on the Property, City will deliver to NHS a quit claim deed conveying and transferring to NHS all of City's right, title and interest in and to the Property for the purpose of reconveying same to a qualified low- to moderate- income person or family in accordance with NHS's program. 4. All expenses incurred in making improvements to the Property shall be promptly paid by NHS. NHS will indemnify, save and hold harmless the Property and City, its officers, agents and employees from and against any and all liens, including mechanics' liens, claims, damages, liabilities and court awards including costs, expenses and attorney fees incurred as a a result of any act or omission of NHS or its officers, agents, employees, contractors or assigns. 5. Neither this contract nor any of NHS's rights or obligations may be assigned. Any such assignment will void this Contract. 6. This Contract shall be binding upon and inure to the benefit of the parties and their respective successors. 7. The Property is located in Pueblo County, Colorado and described as follows: a) Lots W. 14 2/3 ft. of 3 and E. 14 2/3 of 4, Block 39, Craigs Addition, Pueblo, Colorado; Executed at Pueblo, Colorado the day and year first above written. • " MNICIPAL ••••••• • ATI.: AdA. 1�, D&(By 2�g� OA---4� • - the City Council Secretary ATTEST: By 2" Z�� - ident