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HomeMy WebLinkAbout7080RESOLUTION NO. 7080 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC. AND AUTHORIZING CONVEYANCE OF SURPLUS PROPERTY THEREUNDER WHEREAS, by Resolution No. 7063 of the City of Pueblo, City Council authorized the participation of the City of Pueblo in implementation of a Homeownership and Opportunity for People Everywhere- Homeownership of Single Family Homes ( "HOPE III ") program to be undertaken by the Housing Authority of the City of Pueblo ( "PHA ") and Neighborhood Housing Services of Pueblo, Inc. ( "NHS "); and WHEREAS, pursuant to the HOPE III implementation application submitted by NHS and the Pueblo Housing Authority as co- applicants, the City will in part furnish participation in the form of surplus residential real property for rehabilitation and subsequent homeownership opportunity; and WHEREAS, NHS is capable of carrying out HOPE III program requirements in compliance with the implementation application, the City's housing strategy and the requirements of law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: gF.C'TTnN 1 The following parcels of real property located within the City of Pueblo, County of Pueblo, State of Colorado are hereby declared to be surplus to the City's need: PARCEL "A" Lots 8 and 9, Block 83, Steelton (also known as 1516 Cedar, Pueblo, Colorado) PARCEL "B" Lot 9, Block N of the former Town of South Pueblo, now part of the City of Pueblo, County of Pueblo, State of Colorado (also known as 105 Lamar, Pueblo, Colorado) gPrTTnM 7 The Agreement between the City of Pueblo and Neighborhood Housing Services of Pueblo, Inc. ( "NHS ") dated February 12, 1993, a true copy of which is attached hereto as Exhibit "A ", providing for conveyance of said Parcels A and B to NHS, is hereby approved and the President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. ATTEST: 4',J�V'�W -�' 'k, qty Clerk INTRODUCED: February 22 , 1993 By MICHAEL OCCHIATO Councilperson APPROVED: Y Presid7 of the City Council TF 50.39 -2- HOPE 3 MATCH CONTRIBUTION AGREEMENT This Agreement made and entered this 12th day of February 19 by and between the City of Pueblo, a Municipal Corporation (hereinafter "City ") and Neighborhood Housing Services of Pueblo, Inc. (hereinafter "NHS"), WITNESSETH: In consideration of the terms, provisions and mutual covenants hereinafter set forth, the parties agree as follows: 1. City shall sell, convey and quit claim to NHS all of its right, title and interest which the City has in and to the following described real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: PARCEL "A" Lots 8 and 9, Block 83, Steelton (also known as 1516 Cedar, Pueblo, Colorado PARCEL "B" Lot 9, Block N of the former Town of South Pueblo, now part of the City of Pueblo, County of Pueblo, State of Colorado (also known as 105 Lamar, Pueblo, Colorado) ; hereinafter referred to as the "Property." 2. The parties stipulate and agree for purposes of this Agreement that the Property to be conveyed hereunder has a fair market value as follows: Parcel "A °' . . . . . . $23,000.00 Parcel "B °" . . . . . . $39,500.00 3. The Property to be conveyed to NHS is transferred as a grant for the purpose of constituting a portion of matching contributions on the HOPE III implementation application submitted by NHS and the Housing Authority of the City of Pueblo, pursuant to Section 410 of the Program Guidelines, Appendix C to Subtitle A, Title 24, Code of Federal Regulations (hereinafter referred to as the "HOPE III Guidelines "). 4. NHS agrees to conduct its programs under the implementation application, and to rehabilitate and use the Property to be conveyed, only in furtherance of the HOPE III program and in full compliance with (a) the representations of the implementation application, (b) the requirements of the HOPE III Guidelines, including sections 101 through 901 thereof, (c) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR Part 24, (d) any special conditions of the HOPE III grant, (e) the Uniform Building Code as adopted and amended by the City of Pueblo and (f) all other applicable federal, state and local laws and regulations. 5. Conveyance of the property to NHS shall be by quit claim deed in the form attached hereto as Attachment "l ". 6. NHS acknowledges that parcel A of the Property is subject to the rights of a tenant under an unrecorded written lease with option to purchase dated May 24, 1991. NHS further acknowledges that parcel B of the Property is subject to the rights of a tenant under an unrecorded written lease with option to purchase dated April 1, 1991. NHS agrees that it will take the Prcperty subject to said leases and that it shall assume and perform all obligations and responsibilities of City as Landlord under said leases and that it shall acquire all of the City's rights under said leases from and after the date of closing. NHS agrees to indemnify, defend and hold City harmless from all claims, demands, actions, damages, costs and attorney fees arising from or related to the conveyance of the Property to NHS, the use of the Property by NHS after conveyance and the performance by NHS of activities under the HOPE III Program with respect to the Property. 7. NHS agrees that upon closing, it accepts the Property conveyed "as is" including, but not limited to, all physical conditions, title conditions and defects, if any, and environmental conditions, whether known or unknown, including the presence of any hazardous substance which may now or hereafter be subject to abatement, clean -up or regulation under law. 8. The promises, covenants and obligations of NHS hereunder shall not merge in delivery of the deed, but shall survive closing and be enforceable by the City in an action at law or in equity, for specific performance, injunction, or damages for breach of contract, the remedies herein stated being cumulative with the exercise of any one or more not limiting or restricting the exercise of any other. 9. The date of closing shall be as determined by mutual agreement of City and NHS but shall be not later than March 23, 1993 The time and place of closing shall be designated by City. 10. NHS shall maintain records as to its implementation of the HOPE III program and the use of the Property, including accounting records which shall be kept on a generally recognized accounting basis. NHS shall maintain in its files information which clearly documents all activities performed in conjunction with this Agreement and the HOPE III program, including financial transactions, conformance with required assurances and activity reports. NHS further agrees to comply with all applicable uniform administrative requirements of the U.S. Department of Housing and Urban Development ( "HUD "). The City, HUD, the Comptroller General of the United States, the Inspector General of HUD, or any of their duly authorized representatives, shall have the right to inspect and -2- copy, during reasonable business hours, the above described records as well as all other books, documents, papers and records of NHS which relate to this Agreement or the HOPE III program for the purpose of making an audit or examination. All records required to be maintained under this paragraph shall be retained by NHS for a period of not less than 5 years or the full term of any required period of affordability, whichever is greater. 11. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained and supercedes any and all prior discussions, understandings or agreements not expressed herein. 12. Nothing herein expressed or implied is intended or shall be construed to confer or give any person, firm or corporation, other than the parties hereto, any rights or remedies under or by reason hereof. IN WITNESS WHEREOF, NHS and City have executed this Agreement as of the date first above written. CITY OF PUEBLO, A Municipal Corporation ATTEST: C'ty C erk ATTEST: l am! X Title: By: �':� PresidenA6 of th6 City Council NEIGHBO ZOOD HOUSING SERVICES OF PU LO, INC. �\ l By Lam' ? Name: a��/'r' Title: -3- QUIT CLAIM DEED THIS DEED, made this 23rd day of February, 1993 between Pueblo, a Municipal Corporation, of the first part, and Neighborhood Housing Services of Pueblo, Inc. of the second part, WITNESSETH, That the said party of the first part, for and in con- sideration of the sum of One Dollar ($ to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: PARrP..T. "A" Lots 8 and 9, Block 83, Steelton (also known as 1516 Cedar, Pueblo, Colorado) PARC'F.T. "R" Lot 9, Block N of the former Town of South Pueblo, now part of the City of Pueblo, County of Pueblo, State of Colorado (also known as 105 Lamar, Pueblo, Colorado) also known as street and number: 1516 Cedar and 105 Lamar, Pueblo, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatso- ever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said party of the second part, his heirs and assigns forever. Grantee takes said right, title and interest of said party of the first part subject to all liens, encroachments, leases and environmental conditions, including both those of record and those not of record. IN WITNESS WHEREOF, The said party of the first part hath 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 its City Clerk, the day and year first above written. ATTEST: PUEBLO, A MUNICIPAL CORPORATION By e2w Ma ian Mead, ty C erk Presi nt of the City Council [ S E A L ] COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me tPiis 11th day of March , 1993 by _ F B. Kastel.ic as President of City Council and Marian Mead, City Clerk. Witness my hand and official seal. My commission expires: May 29, 1 [S E A L] N t ry blip Reception #: 1001062 Date: 03/17/1993 Time: 802 Book: 2644 Page: 726 Chris C. Munoz Inst.: QUIT Rec Fee: 5.00 Doc Fee: 0.00 Page: I of 1 Pueblo Co.Clk. &Rec. QUIT CLAIM DEED THIS DEED, made this 23rd day of February, 1993 between Pueblo, a Municipal Corporation, of the first part, and Neighborhood Housing Services of Pueblo, Inc., of the second part, WITNESSETH, That the said party of the first part, for and in con- sideration of the sum of One Dollar ($ to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand which the said party of the first part bath in and to the following described real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: PARCEL "A" Lots 8 and 9, Block 83, Steelton (also known as 1516 Cedar, Pueblo, Colorado) PARC'FT. "R" Lot 9, Block N of the former Town of South Pueblo, now part of the City of Pueblo, County of Pueblo, State of Colorado (also known as 105 Lamar, Pueblo, Colorado) also known as street and number: 1516 Cedar and 105 Lamar, Pueblo, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatso- ever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said party of the second part, his heirs and assigns forever. Grantee takes said right, title and interest of said party of the first part subject to all liens, encroachments, leases and environmental conditions, including both those of record and those not of record. IN WITNESS WHEREOF, The said party of the first part hath 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 csi�;Ci`lerk, the day and year first above written. 4 T o PUEBLO, A MUNICIPAL CORPORATION By "'I"el Ma rt .ty C erk President of the o City Council COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me this 11th day of March , 1993 by Fad' B. Kastelic as President of City Council and Marian Mead, City Clerk. Witness my hand and official seal. �y.k�ssion expires: May 29 1 4 OT A + p� N t ry blic � a V,