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Home My WebLink About20111396.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement Concerning Administration of Neighborhood Stabilization Program 3 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the City of Fort Lupton, commencing upon full execution of said agreement, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Housing Authority Board, that the Intergovernmental Agreement Concerning Administration of Neighborhood Stabilization Program 3 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and the City of Fort Lupton be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement.°ri\( `-3��o (i_04-1 / [ i - 11 2011-1396 HA0029 INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 - CITY OF FORT LUPTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ell AN ATTEST: XCUSED arbara Kirkmeyer, Chair 14: 0 Weld County Clerk to the NP 1 BY0 / u p el teat ' can P Co ay, Pro-Tem C Deputy Clerk to the Board ./ lligam F. Ga ui€ APPR D ORM: J David E. Long County Attorney EXCUSED Douglas Rademacher Date of signature: ..-Y1� 2011-1396 HA0029 743 INTERGOVERNMENTAL AGREEMENT CONCERNING ADMINISTRATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 THIS INTERGOVERNMENTAL AGREEMENT is made this A‘day of April 2011,by and between the BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO, a body politic of the State of Colorado, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632 ("County"), the GREELEY-WELD COUNTY HOUSING AUTHORITY, a housing authority organized pursuant to the laws of the State of Colorado, whose address is 903 6th Street, Greeley, CO 80631 ("GWCHA"), and the CITY OF FORT LUPTON, a municipal corporation of the State of Colorado, whose address is 130 S. McKinley, P.O. Box 148, Fort Lupton, CO 80621 ("City"), with all three entities being hereinafter referred to collectively as "the Parties." WITNESSETH: WHEREAS,the Parties to this Agreement have the authority pursuant to Article XIV Section 18 of the Colorado Constitution and Section 29-1-201, et. seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually, and WHEREAS,the Parties to this Agreement desire to cooperate in development and execution of a Neighborhood Stabilization Program 3 ("NSP3"), the purpose which is to provide foreclosure recovery in the form of property acquisition, rehabilitation, clearance, and related activities as authorized by the U.S. Department of Housing and Urban Development("HUD"), through which the program funding is made available, and WHEREAS, this Agreement is necessary in order to define the respective responsibilities of the Parties in administering the NSP3 in Weld County, for which funding and a grant agreement was approved by HUD on March 15, 2011 ("NSP3 Grant Agreement"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. Term. This Agreement shall remain in full force and effect for so long as the Parties to this Agreement are pursuing NSP3 funding for said proposed project or, if awarded, carrying out such project activities. 2. Responsibilities of County. As the Grantee under the NSP3 Grant Agreement, County has the responsibility to expend funds in accordance with the rules and requirements of the NSP3 grant, in particular, those set forth in Section 3 of the NSP3 Grant Agreement. County shall request the payment of funds to purchase those houses identified for purchase by City, and to reimburse City for actual costs incurred, including administrative expenses, in identifying, rehabilitating, and marketing said houses. 1111111 11111 ION IIII 111111 I'll 1111111 III 11111 IIII IIII 3772743 06/07/2011 04:39P Weld County, CO 1 of 4 R 26.00 D 0.00 Steve Moreno Clerk & Recorder I /gin D 3 3 a^O//-/3}e 3. Responsibilities of City. City shall have the following responsibilities to take advantage of the availability of NSP3 funds form the date of signature hereunder, through 3 Year NSP3 Expenditure Deadline of March 15, 2014: a. To identify those houses for sale and located within City's boundaries which qualify for purchase and rehabilitation under NSP3. b. To obtain appraisals for the houses so identified and any necessary environmental studies or reports. c. For the houses determined by City to be advisable for the GWCHA to purchase, to make appropriate offers to purchase based upon the appraisals. d. For the houses purchased by the GWCHA, to determine those improvements necessary to enable resale,to contract for said work, to ensure that contractors working on the houses have insurance adequate to protect the Parties to this Agreement, and to inspect said improvements to ensure they are completed accurately and in accordance with City's zoning and building codes. e. To arrange for marketing and sale of said houses to qualifying buyers upon completion of improvements. f. To track and account for actual costs incurred, including administrative expenses, in identifying, rehabilitating, and marketing said houses, and to submit said accountings to County for reimbursement. 4. Responsibilities of GWCHA. GWCHA shall have the following responsibilities: a. To purchase the houses identified by City and to sell the houses to qualifying buyers upon completion of improvements. b. To be the"mortgagor" for the sales of the identified houses, holding promissory notes and being the beneficiary of associated deeds of trust that comply with the requirements of NSP3. 5. Responsibilities of All Parties. Each party to this Agreement shall be individually responsible to comply with all requirements of NSP3, including,but not limited to, those set forth in the NSP3 Grant Agreement. 6. Modification and Changes. The terms of this Agreement may be modified or changed at any time by agreement of all Parties to this Agreement. 7. Miscellaneous Provisions. a. Each of the Parties will execute and deliver such other instruments and documents and will take all such other actions as the other party may reasonably request and as may reasonably be required in order to effectuate the purpose of this Agreement and to carry out its terms. 111111111111111111 IIII IIIIII IIII 1111111 III 11111 IIII IIII 2 3772743 06/07/2011 04:39P Weld County, CO 2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder b. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. c. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces all prior and contemporaneous agreements,representations,both written and oral,between the Parties with respect to the subject matter of this Agreement. No variation of modification of this Agreement, and the waiver of the Agreement's provisions or conditions, shall be binding unless made in writing and signed by duly authorized officers of the Parties. As permitted hereunder, this Agreement shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns. This Agreement shall be governed by and construed according to the laws of the state of Colorado. d. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned Parties that any entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. e. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 1111111 VIII 111 1111 Il U III 11101 III 11111111111E 3772743 3 of 4 R 26.00 D 0.00 Steve Moreno Clerk & Recorder 3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day first above written. ATTEST: 5 ? i COUNTY OF WELD, a political Weld County Clerk to the Boar e r'® subdivision of the State of Colorado l— By: lG�. By: 3 Deputy CI® c to the Bo ,�y 'Sean P. Conway,, Chair Pro-Te ks•`;i s/"`�'v Board of County Commissioners of the OU 0 County of Weld JUN 0 12011 ATTEST: CITY OF FORT LUPTON, a municipal corporation of the State of Colorado By: A.,)Ru.e`-H z_n. a �"l� By: 4Q > Barbara Rodgers, Town ClerkV ommy H ton, Mayor ATTEST/ . GREELEY-WELD COUNTY HOUSING AUTHORITY, a housing authority Weld County Clerk to the Bo- ;rEdda organized pursuant to the laws of the State of Colorado 1161 Deputy Cle Ito the Boar� Ii � � Sean P. Conway, Chair Pro— �rr�' JUN 0 12011 1 11111111111 111111 IIII 111111 IIII 1111111111111111111111 3772743 06/07/2011 04:39P Weld County, CO 4 of 4 R 26.00 0 0.00 Steve Moreno Clerk& Recorder 4 ,7r90//-/326 CITY OF FORT LUPTON r of FORT(Vpr CITY COUNCIL ,e( :�mistemo 3B COLORAO2..." Tommy Holton,Mayor Shannon Cresol n,Ward I Debora Yates,Ward 1 S.David Norcross,Ward 2 Zo S.Hubbard,Ward 2 Performance,Integrity,Teamwork, Chris Cross,Ward 3 Bob McWilliams,Ward 3 Accountability and Service AM 2011-033 TO APPROVE AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY GOVERNMENT AND THE GREELEY-WELD COUNTY HOUSING AUTHORITY TO ADMINISTER THE NEIGHBORHOOD STABILIZATION PROGRAM 3 I. Agenda Date: Council Meeting — April 25, 2011 II. Attachments: a. Intergovernmental Agreement III. Summary Statement: Weld County received a grant from HUD for Neighborhood Stabilization and sub-granted to the City of Fort Lupton up to $1,000,000 for housing revitalization. The attached IGA sets forth the responsibilities of the City of Fort Lupton, Weld County, and the Greeley-Weld County Housing Authority. IV. Fiscal Note: None noted. Finance Department Use Only Fina Director V. Submitted bv: Ci dminist or VI. Approved for Presentation: — i ,A myiinistrator `l I VII. Certification of Council Approval: /E.X ut iako_ X dr, 0`f/.1 C Oi( City Clerk (Jt Date CITY OF FORT LUPTON AM2011-033 CITY COUNCIL (Continued) VIII. Detail of Issue/Request: Weld County received a grant from HUD for Neighborhood Stabilization and sub-granted to the City of Fort Lupton up to $1,000,000 for housing revitalization. The attached !GA sets forth the responsibilities of the City of Fort Lupton, Weld County, and the Greeley-Weld County Housing Authority. As a result the City will be allowed to purchase properties that are in foreclosure or nearing foreclosure, rehabilitate or replace the property, and sell to prospective buyers to enhance chosen neighborhoods. As we have discussed in the past, this will be used to hopefully rectify the meth house issue on Elm Street along with many other properties either in that neighborhood or other neighborhoods in the City proper. IX. Legal/Political Considerations: N/A X. Alternatives/Options: a. Approve the revised Agreement with Weld County and the Greeley-Weld Housing Authority. b. Not approve the revised Agreement and direct staff to seek additional revisions. XI. Financial Considerations: The Agreement sets in place the responsibilities of all parties and starts the project. XII. Staff Recommendation: Approve AM 2011-033 approving the Intergovernmental Agreement with Weld County and the Greeley-Weld Housing authority to administer the Neighborhood Stabilization Program 3. Hello