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HomeMy WebLinkAboutC06-159 GRANT CONTRACT WITH HABIT A T FOR HUMANITY This Grant Contract ("Grant") is entered into this day of May, 2006, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ("County"), and Habitat for Humanity of Eagle and Lake Counties, Colorado, a Colorado non-profit corporation ("Habitat"). RECITALS The circumstances which relate to entering into this Grant are: 1. County owns certain land north of the 1-70 interchange for the Town of Gypsum, Colorado, which it acquired from the Colorado Department of Transportation, which, for convenience, will be referred to by its CDOT designation, "15BR." 2. Habitat is recognized by the Internal Revenue Service as a 501(c)(3) organization, whose purpose is to create "low income housing" (providing housing for persons/families with approximately 30 to 50% of the area median income) by helping eligible persons acquire homes through the financial and material assistance of that organization. 3. Studies, both those performed by and for the County, demonstrate a need in the County for housing of the type provided by Habitat. 4. County has undertaken projects directly and indirectly to supply housing for persons and families living or working in Eagle County with income levels and/or average wage jobs which often assume a higher level of income than do Habitat's programs. 5. Habitat has requested the assistance of the County in furthering its works, and the County seeks to direct an effort toward that part of the spectrum of affordable housing served by Habitat's programs. TERMS OF GRANT THEREFORE, upon the foregoing, and in further consideration of the terms and conditions specified herein, the parties agree: A. The County hereby makes a Designated Gift of 15BR, to be utilized, whether through sale or trade of 15BR, to acquire land suitable for Habitat's purposes, or funds to be used solely for housing, to be located within Eagle County, on the terms and conditions of this Grant. B. In not more than sixty (60) days from the date hereof, County will convey, to Habitat, by Quit Claim Deed, fee title to 15BR, more specifically described by Exhibit "A," which is attached hereto and made a part hereof by this reference. C. County will pay for any closing costs relating to the transfer. D. Habitat will utilize 15BR to raise money to be used to finance the building or remodeling of housing within Eagle County, and conveying that housing to qualified persons, or to acquire land within Eagle County which is suitable for the construction of housing, pursuant to Habitat's 501(c)(3) qualified program. Habitat will neither sell nor exchange 15BR for less than its fair market value. Habitat will not use or dispose of 15BR for any other purposes without the prior written consent of County. E. If, within ten years of the date hereof, Habitat has not concluded either the sale or trade of all or a portion of 15BR, in a manner consistent with the terms of the Grant, title to 15BR, or so much thereof which has not been sold or exchanged, will revert to County, without encumbrance, and the Deed to said parcel shall so provide. Habitat agrees to perform all necessary tasks to effectuate such transfer. F. Habitat agrees to inform County, through the office of the County Administrator, when it builds, and transfers to qualified persons, any home created or financed under the terms of this Grant, and further agrees to acknowledge the assistance of County in any publicity relative thereto. IN WITNESS WHEREOF, the parties have executed this Grant contract on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ITS BOARD OF COUNTY The Board of County Commissioners EAGLE AND LAKE COUNTIES AFFILIA TE HABITAT FOR HUMANITY, a Colorado non- profit corporation 2 EXHIBIT "A" PROJECT NUMBER: 1-70-2(10) 113 UNIT 1 PARCEL NUMBER: 15-BR Date: February 25, 1981 A tract or parcel ofland No. 15-BR of the Colorado Department of Transportation, State of Colorado, Project No. I 70-2(10) 113 Unit 1 containing 110.423 acres, more or less, in Tracts 40 and 41 of Section 32 and Section 33, Township 4 South, Range 85 West, of the Sixth Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point on the east line of Sec. 32, T. 4 S., R. 85 W., 6th P.M., from which point comer No.1 of Tract 64 bears S. 74014' 15" E., a distance of957.7 feet; thence N. 0005' W., along the said east line of Sec. 32, a distance of 421.7 feet to the true point of beginning. 1. thence N. 87026' W., along the northerly right of way line ofSH 70 (June 1980), a distance of 104.7 feet; 2. Thence N. 880 11' 45" W., continuing along the said right of way line, a distance of 309.8 feet; 3. Thence continuing along the said right of way line, along the arc of a curve to the left, having a radius of 4,069.7 feet, a distance of 433.3 feet (the chord of this arc bears S. 870 16' W., a distance of 433.1 feet); 4. Thence S. 820 43' 45" W., continuing along the said right of way line, a distance of 309.8 feet; 5. Thence S 810 58' W., continuing along the said right of way line, a distance of 2,847.2 feet; 6. Thence S. 85043' 30" W., continuing along the said right of way line, a distance of 490.4 feet to the west line of Tract 40; 7. Thence N. 0004' 15" W., along the west line of Tract 40, a distance of 1,058.0 feet to Comer 2 of Tract 40; 8. Thence N. 88053' 15" E., along the north line of Tract 40 and 41, a distance of 4,463.6 feet to the east line of Sec. 32; 9. Thence S. 0005' E., along the said east line of Sec. 32, a distance of664.8 feet, more or less, to the true point of beginning. The above described portion of Parcel 15-BR contains 84.702 acres, more or less. 3 ALSO Commencing at a point to the west line of Sec. 33. T. 4 S., R. 85 W., 6th P.M., from which point Comer No.1 of Tract 64 bears S. 740 14' 15" E., a distance of957.7 feet; thence N. 00 05' W., along the said west line of Sec. 33, a distance of 421.7 feet to the true point of beginning; 1. Thence S. 87026' E., along the northerly right of way line ofSH 70 (June 1980), a distance of212.3 feet; 2. Thence N. 81045' 15" E., continuing along the said right of way line a distance of 445.7 feet; 3. Thence S. 840 55' 15" E., continuing along the said right of way line, a distance of 834.3 feet; 4. Thence N. 86005' E., continuing along the said right of way line, a distance of 761.3 feet to the east line of Tract 41 ; 5. Thence N. 0030' E., along the said east line of Tract 41, a distance of 675.8 feet to Comer No.1 of Tract 41; 6. Thence S. 88053' 15" W., along the north line of Tract 41, a distance 2, 245 feet to the said west line of Sec. 33; 7. Thence S. 00 05' E., along the said west line of Sec. 33, a distance of 664.8 feet, more or less, to the true point of beginning. The above described portion of Parcel 15-BR contains 34.721 acres, more or less. The above described parcel contains a total of 119.423 acres, more or less. G:\BRY AN\misc\Habitat Grant.doc 4