HomeMy WebLinkAbout7473RESOLUTION NO. 7473
A RESOLUTION APPROVING A CONTRACT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND HABITAT
FOR HUMANITY OF PUEBLO, INC. RELATING 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 September 26, 1994 between Pueblo, a
Municipal Corporation and Habitat for Humanity of Pueblo, Inc.,
relating to the transfer of property and the deed referred to
herein 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 Habitat for Humanity of Pueblo,
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
ATTEST:
INTRODUCED: September 26 , 1994
By JOHN CALIFANO
Count 1person
APPROVED:
4a4l�.Mj , �-A _at4z —
Citj Clerk Pr de t of the City Council
r
CONTRACT
THIS CONTRACT entered into as of the 26th day of September,
1994 between Pueblo, a Municipal Corporation, 1 City Hall Place,
Pueblo, Colorado, 81003 (the "City) and Habitat for Humanity of
Pueblo, Inc., P.O. Box 1421, Pueblo, Colorado 81002 (the
"Habitat "), WITNESSETH:
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 Habitat agree as follows:
1. Upon execution hereof, Habitat 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 furtherance of Habitat'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 compliance with all applicable laws, codes
and regulations.
2. If the improvements to be constructed on the Property are
not substantially complected 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 Habitat by paragraph 4 hereof.
3. Upon substantial completion of the improvements on the
Property, City will deliver to Habitat a quit claim deed conveying
and transferring to Habitat 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 Habitat's program.
4. All expenses incurred in making improvements to the
Property shall be promptly paid by Habitat. Habitat 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
result of any act or omission of Habitat or its officers, agents,
employees, contractors or assigns.
5. Neither this contract nor any of Habitat'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:
Part of Lot 6 and all of Lot 7, Block 123,
Fearnowville, commonly known as 930 Nielson,
Pueblo, Colorado
Executed at Pueblo, Colorado the day and year first above
written.
ATTEST:
Ci y Clerk
PUEBLO, A MUNICIPAL CORPORATION
By �21� Lae-6�� - -
P i nt of the City Counc 1
HABITAT FOR HUMANITY OF PUEBLO,
INC.,
ATTEST: ,gl�
Secretary
President