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HomeMy WebLinkAbout540010.tiff e a i X54 �o 'P A 3k t�'Hk � _ ^ ^ _ . 1. 185.Ic193 BOOK14U0 PAfiF546 QUITCLAIM DEED This QUITCLAIM DEED made this day of . 1954 as of the 1st day of October, 1954 (which last date i herein called the "CONVEYANCE DATE") by and between the PUBLIC HOUSING ADMINISTRATION (herein called the "GRANTOR") under and pursuant to the powers and authority contained in the United States Housing Act of 1937, as amended, and Reorganization Plan No. 3 of 1947 (12 F. R. 4981); and Housing Authority of Weld County, Colorado (herein called the "GRANTEE") a public body corporate and politic organized and existing under thelaws of the State of Colorado. WITN ESSETH: That subject to the conditions hereinafter set forth andfor and in consider- ation of the Grantee (1) maintaining and operating the hereinafter described properties for low-rent use in accordance with the provisions of that certain contract between the Grantor and the Grantee dated October 1, 1954 (herein called the "ADMINISTRATION CONTRACT"), a copy of which Contract is attached hereto as part hereof identified as Exhibit "A", and (2) annually paying to the Grantor, its successors or assigns, the RESIDUAL RECEIPTS of such properties (as these are defined in the Administration Contract), the Grantor by these presents does sell, remise, release and forever quitclaim unto the Grantee, its successors or assigns, the following described property situate in the County of Weld, State of Colorado, to-wit: Beginning at a point marked with a two (2) inch iron pipe with brass cap, thirty (30) feet North of the intersection of the South line of Section thirty-two (32) Township two (2) North, Range Sixty-six (66) West of the Sixth Principal Meridian, with the East line of the Union Pacific Railroad Company right of way, said point being South eighty-nine degrees and fifty-eight minutes East (S 89°58'E) eight hundred twenty and eight tenths (820.8) feet; THENCE, North zero degrees fifteen minutes West (N 0°15! W) thirty (30) feet from the Southwest corner of said section thirty-two (32); THENCE, from said point of beginning, South eighty-nine degrees fifty-eight minutes East (S 89°58' E) one thousand one hundred thirteen and two tenths (1113.2) feet, thence North zero degrees fifteen minutes West (N 0°15' W) two thousand one hundred thirty-six and one tenth (2136.1) feet; THENCE, North eighty-nine degrees fifty-eight minutes West (N 89°58' W) eight hundred sixty-one (861)feet; THENCE, North zero degrees one minutes East (N 0°01' E) forty-nine and three tenths (49.3) feet; THENCE, North eighty-nine degrees fifty-eight minutes West (N 89°58' West) two hundred fifty-two and five tenths (252.5) feet;THENCE, South zero degrees fifteen minutes East (S 0°151 E ) two thousand one hundred eighty-five and four tenths (2185.4) feet to point of beginning. Said property being part of the property conveyed to The United States of America by Albertina Beihl by Deed dated February 17, 1942 and of record in Book 1090, at page 362, in the office of the Recorder of Weld County, Colorado, and acquired by the Grantor under the provisions of The United States Housing Act of 1937, as amended. TOGETHER WITH: All buildings, structures, improvements, utilities, and fixtures and appurtenances thereto, eighteen (18) shares of the capital stock of the FultonoIrrigating Ditch Company, all water and water rights, and those certain personal properties and chattels described in an inventory attached hereto as part hereof identified as Exhibit "B". All of said land, buildings structures, improvements, utilities, fixtures, appurtenances, eighteen (18) shares of the capital stock of the Fulton Irrigating Ditch Company, water and water rights, and personal properties and chattels are herein called the "PROJECT". ��, 4A Audi v -1- • • BOOK 1400 r4GE529 PROVIDED, that upon the occurrence of a SUBSTANTIAL BREACH or a SUBSTANTIAL DEFAULT under the Administration Contract (as such terms are defined in such Contract), the estate hereby conveyed shall terminate, and in case of Sub- stantial Breach, upon notice otice thereof to the Grantee, possession of the Project shall revert to and revest in the Grantor, its successor or suc- cessors, or in the case of Substantial Default, at the option of the Grantor and upon notice thereof to the Grantee, either title to the Project or Pos- session of the Project shall revert to and revest in the Grantor, its suc- cessor or successors, without any other act of the Grantor, its successor or successors, free of any right of the Grantee, its successors or assigns, except as otherwise provided in the Administration Contract. The Project is conveyed herein subject to additional conditions as follows: 1. All uranium, thorium, and all other materials determined pursuant to section 5(b) (1) of the Atomic Energy Act of 1946 (60 Stat. 761) to be peculiarly essential to the production of fissionable material, contained, in whatever concentration, in d eposits in the lands covered by this instrument are hereby reserved for the use of the United States, together with the right of the United States through its authorized agents or re- presentatives at any time to enter upon the land and prospect for, mine, and remove the same, making just compensation for any damage or injury occasioned thereby. However, such land . may be used, and any rights otherwise acquired by this disposi- tion may be exercised, as if no reservation of such materials had been made; except that, when such use results in the extract- ion of any such material from the land in quantities which may not be transferred or delivered without a license under the Atomic Energy Act of 1946, as it now exists or may hereafter be amended, such material shall be the property of the United States Atomic Energy Commission, and the Commission may require delivery of such material to it by any possessor thereof after such material has been separated as such from the ores in which it was contained. If the Commission requires the delivery of such material to it, it shall pay to the person mining or extracting the same, or to such other person as the Commission determines to be entitled thereto, such sums, including profits, as the • Commission deems fair and reasonable for the discovery, mining, development, production, extraction, and othereservices performed with respect to such material prior to such delivery, but such payment shall not include any amount on account of the value of such material before removal from its place of deposit in nature. If the Commission does not require delivery of such material to it, the reservation hereby made shall be of no further force or effect. 2. Subject to rights of way in favor of the Mountain States Telephone and Telegraph Company insofar as such rights of way may affect the project. This instrument is executed and delivered to the said Grantee, its successors or assigns, without covenants by the Grantor either express or impliedo The Grantee, for itself and its successors or assigns, joins in the execution of this instrument for the purpose of accepting the conveyance of the Project subject to the conditions hereinbefore set forth and hereby. covenants: (1) not to convey or encumber the Project except as in the Administration Contract expressly authorized; (2) to maintain and operate the Project fm the period and in accordance with the terms and conditions provided in the Administration Contract; (3) to annually pay to the Grantor, its successors or assigns, the Residual Receipts of the Project (as defined in the Administration Contract); (4) to deliver possession of the Project to• the Grantor, its successors or assigns, upon the o ccurrence of a Substantial Breach (as defined in the Administration Contract); and (5) to reconvey title to or deliver possession 2. 9nnx;l 60 rill-if 530 of the Project (at the option of the Grantor) to the Grantor, its successors or assigns, upon the occurrence of a Substantial Default (as defined in the Administration Contract). TO HAVE AND TO HOLD the Project, subject to the conditions, reversions, rights to reverter, covenants, exceptions, and reservations aforesaid, unto the said Grantee, its successors or assigns, forever. IN WITNESS WHEREOF the PUBLIC HOUSING ADMINISTRATION, Grantor herein, has caused these presents to be executed in its name and its seal to be hereunto affixed on the year and day first above written and the Housing Authority of Weld County, Colorado, Grantee herein, has caused these presents to be executed in its name and its seal to be hereunto affixed on the flday of SS. ,(1,&-2.12 , 1954, all as of the Conveyance Date. PUB IC HOUSING ADMINISTRA ION, GRANTOR EAL) 'i. /D(D g) ATTEST: „. Director, Port Worth held Office • .Attesting Officer a HOUSING AUTHORITY OF WELD COUNTY, O* �4 COLORADO GRANTEE (SEAL) cc By �3w-►-.zo Chairman ATTFS': Sec9r0a"ry: STATE OF TEXAS # COUNTY OF TARRANT Before me, M. 1'�i�iteside , Notary Public in and for or Tarrant County, Texas, on this x,44 day of 1954, personally appeared (,u,atee,/ft(,PJ, &tare y , to me !town to be the of toe Fort Worth Field Office of the Public Housing Administra- tion and the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same with proper authority in his capacity as /2i1...Ac-4- -t, of the Fort Worth Field Office, Public Housing Administration, as his free aid voluntary, act and deed and as the free and voluntary act and deed of the Public Housing Administration for the purposes and considerations therein expressed. Witness my hand and official seal this2y day of l ..•..fie-c.i 1954. 1t. Gzl. � . (SEAL) Notary Public in and for Tarrant County, Texas / My Commission expires j_- rJ� Alta M. lti'hiteside A A. BOOK 1400 PAGE531 STATE OF COLORADO 0 COUNTY OF WELD 0 Before me,)%a-t- k.a ,144e,4.,,, �1��a Notary P�ubl/ic in and for Weld County, Colorado on this day of %a¢.f�7i-��e�t l��J , 1954, personally appeared t./5 . -�,i,4 , to6he known to be the Chairman of the Housing Authority of Weld County,Colorado, and the identical person who executed the within and foregoing instrument and acknowledged to ne that he executed the same with proper authority in his capacity as Chairman of the Housing Authority of Weld County,Colorado, as his free and voluntary act and deed and as the free and voluntary act and deed of the Housing Authority of Weld County, Colorado for the purposes and considerations therein expressed. `. / Witness my hand and official seal this24 L-day of4ei ewalc o ..954. • › u�. �, N tary Public in andfor (SEAL) Weld County, Colorado My commission expires /.V2 cL/.-# A r r1 1.241225.4.: . Quitclaim Deed Fort Lupton Farm Labor Camp, Project �' ��� 388 Fort Lupton, Colorado STATE OF COLORADO ) COUNTY OF WELD ) KNOW ALL MEN BY THESE PRESENTS: That the PUBLIC HOUSING ADMINISTRATION (herein called the "Grantor") under and pursuant to the powers and authority contained in the United States Housing Act of 1937 (42 U.S.C.1401) as amended by Section 405 of Public Law 1020 — 84th Congress, 2d Session, and Reorganization Plan No. 3 of 1947 (12F.R.4981, 61Stat. 954) does by these presents, without monetary consideration, relinquish, transfer, convey, remise, release and forever quitclaim unto the Housing Authority of Weld ✓ County, Colorado, its successors or assigns, all of the Grantor's right, title and interest in and to the following described property situated in the County of Weld, State of Colorado, to wit: Beginning at a point marked with a two (2) inch iron pipe with brass cap thirty (30) feet North of the intersection of the South line of Section thirty-two (32) Township two (2) North, Range Sixty-six (66) West of the Sixth Principal Meridian, with the East line of the Union Pacific Railroad Company right of way, said point being South eighty-nine degrees and fifty-eight minutes East (S 89°58'E) eight hundred twenty and eight tenths. (820.8) feet• THENCE, North zero degrees fifteen minutes West (N 0°15' 110 thirty (30) feet from the Southwest corner of said section thirty-two (32); THENCE, from said point of beginning, South eighty-nine degrees fifty-eight minutes East (S 89°58' E) one thousand one hundred thirteen and two tenths (1113.2) feet, thence North zero degrees fifteen minutes West (N 0°15' W) two thousand one hundred thirty-six and one tenth (2136.1) feet; THENCE, North eighty-nine degrees fifty-eight minutes West (N 89°58' W) eight hundred sixty-one (861)feet; THENCE, North zero degrees one minutes East (N 0°01' E) forty-nine and three tenths (49.3) feet; THENCE, North eighty-nine degrees fifty-eight minutes West (N 89°58' West) two hundred fifty-two and five tenths (252.5) feet;'r THENCE, South zero degrees fifteen minutes East (S 0°15' E) two thousand one hundred eighty-five and four tenths (2185.4) feet to point of beginning; said property being part of the property conveyed to the United States of America by Albertina Beihl by Deed dated February 17, 1942, and of record in Book 1090 at Page 362 in the office of the Recorder of Weld County, Colorado, and acquired by the Grantor under the provisions of the United States Housing Act of 1937, as amended. TOGETHER WITH: (1) All buildings, structures, improvements, utilities, and fixtures and appurtanances thereto, eighteen (18) shares of the capital stock of the Fulton Irrigating Ditch . Company, all water and water rights, and all personal properties and chattels located thereon; and 11.5 • 963 Q99 (2) All of Grantor's contractual rights to revenues, reserves, and other proceeds therefrom, reversions and rights to reverter, all as contained in Grantor's Quitclaim Deed dated October 1, 1954, recorded in Book No. 1400 at Page 528 in the office of the Recorder of Weld County, Colorado. PROVIDED, HOWEVER, this Quitclaim Deed is made subject to the following reservations and exceptions: (1) All uranium, thorium, and all other materials determined • pursuant to section 5(b)(1) of the Atomic Energy Act of 1946 (60 Stat. 761) to be peculiarly essential to the production of • fissionable material, contained, in whatever concentration, in deposits in the lands covered by this instrument are hereby reserved for the use of the United States, together with the right of the United States through its authorized agents or re- presentatives at any tine to enter upon the land and prospect for, mine, and remove the same, making just compensation for any damage or injury occasioned thereby. However, such land may be used, and any rights otherwise acquired by this disposi- tion may be exercised, as if no reservation of such materials had been made; except that, when such use results in the extract- ion of any such material from the land in quantities which may not be transferred or delivered without a license under the Atomic Energy Act of 1946, as it now exists or may hereafter be amended, such material shall be the property of the United States Atomic Energy Commission, and the Commission may require delivery of such material to it by any possessor thereof after such material has been separated as such from the ores in which it was contained. If the Commission requires the delivery of such material to it, it shall pay to the person mining or extracting the same, or to such other person as the Commission determines to be entitled thereto, such sums, including profits, as the Commission deems fair and reasonable for the discovery, mining, development, production, extraction, and other services performed with respect to such material prior to such delivery, but such payment shall not include any amount on account of the value of such material before removal from its place of deposit in nature. If the Commission does not' require delivery of such material to it, the reservation hereby made shall be of no further force or effect. (2) Subject to rights of way in favor of the Mountain States Telephone and Telegraph Company insofar as such rights of way may affect the project. And this Quitclaim Deed is executed and delivered to the Housing Authority of Weld County, Colorado, its successors and assigns, without covenants by the Grantor either express or implied. TO HAVE AND TO HOLD the aforesaid property, subject to the aforesaid reservations and exceptions, unto the said Housing Authority of Weld County, Colorado, its successors aidassigns forever. IN WITNESS WHEREOF, the Public Housing Administration, Grantor herein, has caused these presents to bp executed in its name and its seal to be hereunto affixed this /71# day of ce rce6,- i 1956. . PUBLIC HOUSING ADMINISTRATION (S ) By ATTEST: Acti rector '7 Fo orth Regional Office /201.L0-2 Attesting (pOfficer �]� �%J 9/) r 1111 RE,GISTR l NO. I i�iyCYm.6YY� 4 a 4 ROC,, 1 '21)1.'1 •Si, 370 I STATE OF TEXAS 0 0 COUNTY OF TARRANT 0 Before me, Alfa M. Whiteside a Notary Public in and for Tarrant County1 Ixas, on this ii day of -a-v-.--a-v-.- , 1956, joersonally appeare4 ,f, , _ ._.. , to me known to be the �_ . - of the Fort Worth Regional Office of the Public Housing Administra- tion and the identical person who executed the within and foregoing instrument and acknowledged ,-to memthat,he executed the same with proper authority in his capacity as - r = .0,; 1-,� of the Fort Worth Regional Office, Public Housing Administration, as his free and voluntary act and deed and as the tee and voluntary act and deed of the Public Housing Administration for the purposes and considerations therein expressed. Witness my hand and official seal this / 7 day of ?/i 'r�'a-----'"---/ 1956. . ` /.' .7"; ,... '', / I /---, �.,,4 _, n . (SEAL) . c Notary Public in and for Tarrant r County, %xas• '• ix Commission expires 47 -- A. 0,— ./ ?} Alta M Whiteside • • PL'£ • rya — V 6 z 0 0 P 9S•OT-AON 4• j Y If) C �� t a in J e 900K_A nil nut; PAGE532 E H ! 13 PHA-2382 r °F QuiTCI,Niltii DEED May 2954 D+NTEh OCro1E,R 1, )5S'f- ADMINISTRATION CONTRACT PART ONE THIS AGREEMENT entered into as of the lstday of October 1954, (here- in called the "Date of This Contract") by and between the Public Housing Administra- tion (herein called the "PHA"), which is administering, in accordance with Re- organization Plan No. 3 of 1.947, effective July 27, 1947, the functions of the United States Housing Authority, created in pursuance of the provisions of the United States Housing Act of 1937, which act, as amended to the Date of This Con- tract, nis called tthe "Local called Authority"),thorn land Housing Authority of Weld Counttitic ado y ), which is a body corporate and pollitic organized and existing under the laws of the State of Colorado (herein called the "State") and a "public housing agency" as defined in the Act, WITNESSETH: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree, as follows: Sec. 1. Amendment of Contracts for Purchase and Sale (A) The Local Authority and the PHA have entered into one or more Contracts for Purchase and Sale of low-rent housing, as defined in the Act, situated in the localities of the State, as follows: Number of Date of Contract for Pro,iect No, Project Name Project Locality Dwelling Units Purchase and Sale LC-9 Fort Lupton near Pitt Lupton, apprrnlaatay July 1, 1951 Farm Labor Colorado 268. Camp (B) Each project identified in Sec. 1(A) is herein called a "Project" and, if more than one Project is so identified, are herein collectively called the "Projects". Each Project is more particularly described in the quitclaim instru- ments referred to in Sec. 1(C). (C) The PHA, in furtherance of the purposes of the Act and of each Contract for Purchase and Sale, has conveyed and transferred each Project to the Local Authority by quitclaim instrument or instruments effective as of the Date of This Contract and each Contract for Purchase and Sale is hereby amended by deleting all of the provisions of Articles I, II, III and IV thereof and by substituting in lieu thereof the provisions of this Contract: Provided that, the Operating Budget adopted by the Local Authority and approved by the PHA with respect to each Project pursuant to such Contract for Purchase and SalePan& in effect on the Date of This Contract shill continue to govern the operation of such Project under this Contract until the end of the Fiscal Year provided for in such Budget. For operation of so-called Farm Labor Camp projects conveyed to Local Authorities for low-rent use. These projects were constructed by the United States and have been administered by PHA since June 19, 1950, pursuant to an exchange of letters between the Secretary of Agriculture and the Public Housing Commissioner under authority of Sec. 12(f) of the United States Housing Act of 1937, as amended. • • PHA-2382 H0KUMPAGE533 Nay 1954 Sec, °_, Cooperation Agreement and Presidential Ap proval (A) The Local Authority has entered into, and the PEA has approved, an agree- ment or agreements in compliance with the Act with the governing body or bodies of the locality or localities in which the Projects are situated, as follows: Pao sect Noe Public Body Date of Agreement W-9 County of weld, Colorado August 18, 1954 Such agreement or agreements collectively, are herein called the "Cooperation Agreements" (B) The President of the United States has approved the making of this Contract on PHA List No, 390. See, 3, Need for Projects and Rental Gap • The Local Authority has demonstrated to the satisfaction of the PHA (1) that, there is a need for the Projects which is not being met by private enterprise, and (2) that a gap of at least twenty per centum has been left between the upper rental limits for admission to the Projects and the lowest rents at which private enterprise, unaided by public subsidy, is providing (theough, new construction and available existing structures) a substantial supply of decent, sale, and sanitary housing toward meeting the need of an aceeate volume thereof. • Sec, h, Justification for Projects The Local Authority represents, and the PHA hereby finds, that the operation of the Projects in accordance with the provisions of this Contract will provide decent, safe, and sanitary dwellings within the financial reach • of families and persons who are in the lowest income group and who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use (which families and persons are herein called "Families and Persons of Low Income"), and the provisions of this Contract are adequate to assure that the Projects will be operated in compliance with all the requirements of the Act. • Sec, 5, Tax Exemption The Local. Authority represents that during the Administration Period under the Constitution and Statutes of the State, the Projects will be exempt from all real and personal property taxes which may be levied or imposed by the State, city, county, or other political subdivisions. Cer, 6, Consideration for Conveyance. For the period of twenty years beginning jemmy 1 195 2, and ending December 31 19 71(herein called the "Administration Period") the Local Authority shall, (1) administer, maintain, and operate each Project in accordance cith the provision of this Contract, and (2) annually pay' tb' the PHA the Residual. Receipts of the Projects. The maintenance and operation of each Project in strict compliance with the provisions of this Contract, the payment of the Residual Receipts of the Projects to the PHA, and the performance of all other obligations of the Local Authority herein provided constitute the consideration for conveyance of the Projects as authorized by Sec, 12(f) of the Act. The maintenance and oper— ation of the Projects pursuant to the provisions of the respective Contract for Purchase and Sale during the Interim Administration Period (as defined in the Contract for Purchase and Sale) to the Date of This Contract and the payment to the PHA of Residual Receipts (in the Contracts for Purchase and Sale called "Net Income") of the Projects with respect to such Period shall, for the purpose of this Sec, 6, be considered as having been performed under this Contract. S1 0 • B00K.L1Uti PAGEOL Sec, 7. National �mergena During any period of national emergency in connection with national defense as declared by the President of the United States or any period during which a state of war between the United States and any foreign power exists, and upon either a determination by the President of the United States that there is an acute shortage, of housing in the locality of any Project which impedes the National defense and the necessary housing would not otherwise be provided when needed for persons engaged in national defense activities, or a determination by the President of the United States that there is an acute need for housing in the locality of any Project to assure the availability of dwellings for persons engaged in national. defense activities,s the Local Authority shall, to the maximum extent authorized or permitted under applicable Federal and State laws then in effect, operate such Project to provide housing for persons engaged in national defense activities. Seco 8. Incnoration of .Part Two in this Contract For conveniences varioust-provisions of this Administration Contract are embodied in a separate document designated "Terms and Conditions,," being Form forth.3i p in Sec. 5 (subject c. 10 of this Part One) constitutes modifications, PartTwo if of this Contract be eThet provisions, terms, covenants, and conditions embodied in Part Two are binding upon the parties hereto, with the same effect as if set forth in full in this Part One of this Contract. The term "Contract" as used herein shall mean this Administration Contract, consisting of this Part One and the Terms and Conditions constituting Part Two thereof, Sec. 9. Performance of Conditions Precedent to Validity of this Contract The Local Authority certifies that all conditions precedent to the valid execution and delivery of this Contract on its part have been complied with, and all things necessary to constitute this Contract its valid, bindings and legal agreement on the terms and conditions and for the purposes herein set forth have been done and have occurred, and that the execution and delivery of this Contract on its part have been and are in all, respects duly authorized in accordance with law. The PHA similarly certifies with reference to its own execution and delivery of this Contract, Sec. 10. Additional Provisions and Modifications • ter, The following additional provisions and modifications of either Part One or Part Two constitute the only modifications to this Contracts • 4. • m len • • • PHA-2382 May 1954 BOOK1400 FAGE535 IN WITNESS WHER.EOFs the LOCAL AUTHORITY and the PHA have caused this Contract to be executed in their respective names and have caused their respective seals to be hereunto impressed and attested as of the date first above written. HOUSING AUTHORITY OF WELD COUNTYk COLORADO. LCorporate Name of/J LocaLocalAuthority) (SEAL) / BY J/l., G , , 00a,ri`e.d! ATTESTg Cs ) SUMP Title Title PUB C HOUSING ADMINISTRATION BYu . (SEAL) .-_. _e �/ p ) . J Vxector. Fort Worth Field Office ATTEST° Title 300 West Vickery Boulevard Fort Worth, Texas Attesting Officer 6. . - 4 - i.a b +4� • -71/7 ,� ClOalii GA-7 OR :-KC AT:'.-1. 3i C A • l Jr it:. 1.:6t68.1 • PUBLIC HOUSING ADMINISTRATION HOUSING AND HOME FINANCE AGENCY 300 West Vickery Blvd. Fort Worth 4, Texas October 17, 1956 In reply please refer to FW II-1: LC-9, Fort Lupton REGISTERED RETURN RECEIPT REQUESTED Mr. J. L. Rice, Executive Director Housing Authority of the County of Weld Post Office Box 542 Fort Lupton, Colorado Dear Mr. Rice: Ehclosed is your Quitclaim Deed to the Fort Lupton Farm Labor Camp, formerly identified as Pro, ect LC-9, located in Yield County Colorado near Fort Lupton, Colorado. This deed relinquishes, transfers and conveys all of our rights, title and interest in the Camp, including contractual rights to revenues, reserves, except as set out in the deed as reservations and exceptions. In view of this tran:;fer of title, the following is set out for your guidance: 1. Lo further accounting or settlement to PHA is required, 2. Lou shall retain all revenues accrued from the operation of the Camp, 3. You shall retain operating reserves on hand as of the date of the conveyance, 4. "ou Pre not to pay us the prorate part of the premium of unexpired insurance, 5. You shall not pay us the amounts of tenants accounts receivable due from tenants as of the date of conveyance. hlt the transfer this project we want to express our appreciation of u relationship between this Agency and the Authority that has, in our opinion, been most pleasant. If at any time in the future we have occasion to again renew our dealings, we look forward to the continuation of such a relationship. Yours very truly, C . STENZEL ing Director ort Worth Regional Office Enclosure • 1. . WELD CO. COMMISSIONEHS GREELEY,COLO. RECEIVED NOV5 1969 A.M. P.M. 6171I91101111120418141610 i2i91416i8 4 • PUBLIC HOUSING ADMINISTRATION HOUSING AND HOME FINANCE AGENCY 300 West Vickery Blvd. Room 2072 Fort Worth 4, Texas AUG 28 6 1956 In reply please refer to FW: III: 4-21* IC-9, Weld Mr. J. L. Rice Executive Director Housing Authority of the County of Weld Fast Office Box 542 Fort Lupton, Colorado Dear Mr. Rice: I am writing you in regard to the provisions of Section 405 of Public Law 1020 (the Housing Act of 1956) approved August 7, 1956, which provides for the disposition of farm labor camps. Section 405 (extract attached) directs the PHA to relinquish, trans- fer, and convey without monetary consideration all of its rights, title, and interest in any farm labor camp to any public housing agency in whose area of operation the camp is located, if (1) the public housing agency requests such transfer within 18 months after enactment and (2) the public housing agency certifies (a) that the farm labor camp is needed to house persons and families of low in- come, and (b) that first preference for occupancy will be given low-income agricultural workers and their families and second preference to other low-income persons and their families. ' The certification by the local agency is conclusive upon the PHA. The Housing Act of 1956 requires the transfer of such land as is determined by the PHA to be reasonably necessary to the operation of the project and its contractual rights to revenues, reserves, • and other proceeds therefrom to the local agency. . 1. . Mr. J. L. Rice - 2 If you desire to secure tYe transfer of Project No. LC-9, Fort Lupton, under the provisions of this law, there is enclosed for use a form of request for transfer and accompanying resolution. Please furnish us with three signed copies of the request (including the ribbon copy) and three certified copies of the extracts of your minutes containing your "resolution authorizing request for transfer of farm labor camp pursuant to United States Housing Act of 1937, as amended." In the event this resolution is adopted at a special meeting, your notice should specify the adoption of this resolution as one of the purposes of the meeting. There is also enclosed for your convenience a suggested form of extracts of a special meeting. The project will be conveyed by Quit Claim Deed. We will advise you of the details of final settlement and closing after receipt and approval of your request. Sincerely yours, �� MARSHALL W. AXIS Director Fort Worth Regional Office Enclosure • 1. . -A.,..p Ektract from Housing Act of 1956 . FARM-LABOR CAMPS Sec. 405. Section 12(f) of the United States Housing Act of 1937 is amended by adding at the end thereof the followings "Notwithstanding any other pro- vision of law, upon the filing of a request therefor within eighteen months after the date of the enactment of this sentence, the Authority shall relin- quish, transfer, and convey, without monetary consideration all of its rights, title, and interest in and with respect to any such project or any part thereof (including such land as is determined by the Authority to be reasonably nec- essary to the operation of such project, and including contractual rights to revenues, reserves, and other proceeds therefrom), (1) in the case of any State other than Florida, to any public housing agency whose area of operation includes the project, upon a finding and certification by the public housing agency (which shall be conclusive upon the Authority) that the project is needed to house persons and families of low income and that preference for occupancy in the project will be given first to low-income agricultural workers and their families and second to other' low-income persons and their families; and (2) in the case of Florida, to any public housing agency in the State whenever, under the laws of the State,, such agency (A) is authorized to acquire and operate such project, (B) is required to give preference for occupancy in such project, first, to low-income agricultural workers and their families, and second, to other low-income persons and their families, (C) is required, in the event of the disposition of such project by sale or otherwise, to use the proceeds thereof and any available accumulated earnings to construct facilities (which shall be subject to the same preferences as those specified in clause (B))for occupancy by low-income agricultural workers and their families in the same area, and (D) is required, so long as it continues to own or operate such project, to have on its managing board one or more members whose • principal occupation is farming. Upon the relinquishment and transfer of any such project it shall cease to be a low-rent project within the meaning of this Act, and the Authority shall have no further jurisdiction over it, except that in any conveyance under the preceding sentence the Authority may reserve to the United States any mineral rights of whatsoever nature upon, in, or under the property, including such rights of access to and the use of such parts of the surface of the property as may be necessary for mining and saving the minerals. Any project, or part thereof not relinquished and conveyed pursuant to this , subsection or under a contract for disposal pursuant to this subsection within eighteen months after the date of the enactment of this sentence shall be dis- posed of by the Authority pursuant to subsection (e) of section 13 of this Act, notwithstanding the parenthetical clause in such subsection." • A_ . J i"� Hello