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Home My WebLink About770755.tiff je 6 f 41#C\I: IIn DEPARTMENT OF PLANNING SERVICES HOUSING DIVISION 1111111e REHABILITATION GRANT AGREEMENT (303) 356-4000 EXT. 400 915 10TH STREET REHABILITATION GRANT AGREEMENT GREELEY, COLORADO 80631 COLORADO This agreement made this 21 day of December , 19'Z for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Edith N Rrnsh the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $4, 490 .00 for the applicant' s property at 4L7 Johnson Street, Evanston, CO , in consideration of the applicant ' s meeting the following requirements : 1. Applicant (s) agree that he (they) will continue to own the above described property for the next five years. 2 . Applicant(s) agree to sign a promissory note, secured by a lien against the property, which will require applicant' s to repay all or a portion of the grant, should applicant' s cease to be owner of the property within the five (5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant(s) continues to own the property as agreed. 3. Applicant(s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners, Weld County, Colorado. 4. Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners, Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. BOARD OF COUNTY COMMISSIONERS W • 1 COUNTY, COLORADO Owner ' s Signature ne K. Steinmark, Ckii � % ATTEST: tift � . �.,..• _ / ii j') Owner' s Signature ferk and ��' Weld County l WiTNrgg and Clerk to the Board I ")-I �I 11 VC/(a J Q ucmti-C�' Signature I By: Depu Co my Cler 77O755 • AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 21 day of December in the year Nineteen Hundred and seventy—seven , by and between Joe Garding , hereinafter called the "Contractor", and Edith N. Brush , hereinafter called the "Owner", WITNESSETH, that the Contractor and the Owner for con- siderations hereinafter named agree as follows: ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any) , in the Specifications entitled the Rehabilitation of: Owner(s) Name: Edith N. Brush Property Address: 417 Johnson Street, Evanston, Colorado 80530 Legal Description: Lots 57, 58 and 59, Block "I" Evans Addition Project No. : B-76-DN-08-0014 Application No. EV-6-DN-08, Grant #3 and shall do everything required by this Agreement, the bidding requirements, the contract forms, the General Conditions of the Contract, the Specifications, and the Drawings (if any) , and Description of Work. SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- isation or workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will , at:the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules, and orders of the Department issued • thereunder prior to the execution of the contract, including the pro- visions of Form HUD-6231 , HUD-6231A, HUD-3200, and HUD 32008, as appli- cable, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors, and assigns. Failure to fulfill these require- ments shall subject the applicant or recipient, its contractors and sub contractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION: LIQUIDATED DAMAGES: (a) The work performed under this Contract shall be commenced on the date when the Proceed Orgler is issued and shall be fully completed on or before Mpmra1 'I4i I q`4 8 . The Owner, through the Weld County Department of Planning Services, Housing Division, shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. If the Owner does not issue the Proceed Order within ninety (90) days, the Contractor has the option of withdrawing from the Agreement and the Contract Documents shall be void and of no effect. (b) Time is an essential element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph (a) of this Article 2. For each calendar day that any work shall remain in- completed after the end of the contract period, the amount of fifty Dollars ($50. 00 ) per calendar day will be as- sessed, not as a penalty, but as a predetermined and agreed liquidated damages. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and. Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the contractor shall within ten (10), days from the beginning of any such delay notify the Department of Planning Services, Housing Division in writing of the causes of such delay. The Department of Planning Services , Housing Division, will make findings of fact concerning the delay, which shall be final and conclusive, and shall determine whether liquidated damages are to be assessed against the Contractor under this Article. In the event the Department of Planning Services, Housing Division, determines that liqui- dated damages are to be assessed, the amount of the assessment to be withheld from the contract price shall be disbursed from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Chapter 14 of the HUD Rehabilitation Financing Handbook (7375.1 REV to 2.74). ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services, Housing Division, shall , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to additions and deductions provided herein, in current funds as follows: three thousand five hundred forty two DOLLARS($ 3, 542.00 ), (write in amount) ARTICLE 4, PAYMENTS: The Owner, through the Department of Planning Services, Housing Division, shall • make progress payments and a. final payment to the Contractor upon a written re- quest by the Contractor, subject to the approval of the Owner's inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorily completed is based on the contract prices of labor and materials incorporated in the work and of materials suitably stored at the site as estimated by the Contractor and approved in writing by the Owner's inspector. Approval of progress payments by the Owner's inspector will be with- held if the Contractor has not performed in accordance with the provisions of the Contract Documents and the perceptage of the work completed does not comply with the respective progress payment "requested. Payments shall be made by the Depart- ment of Planning Services, Housing Division, on behalf of the owner as follows: 1 . The Department of Planning Services, Housing Division, shall establish and maintain a separate account in the project books of account for the Owner. All receipts and disbursements made for the Owner shall be recorded in the account: 2. Disbursements from the rehabilitation escrow account shall be by check, made payable jointly to the Owner and the Contractor: -2- 3. The Department of Planning Services, Housing Division, shall secure the endorsement of the Owner and shall transmit the endorsed check to the Contractor. Progress payments shall be made as follows : 1 . The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. 2. The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3. The FINAL payment of the remaining 20% of the Contract price shall be made within 20 days after final inspection and acceptance by inspector and by the Weld County Division of Building Inspection. Work must be fully completed and the contract fully performed. The Contractor shall submit to the Department of Planning Services, Housing Division, mechanic's lien waivers and satisfactory evidence that all payrolls, materials bills , and other indebtedness connected with the work have been paid in full . The Contractor shall also submit the Weld County building permits, including electrical , mechanical and plumbing permits, as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and a notice that the work is ready for final acceptance, the Owner's inspector shall ,within 20 days, issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor. ARTICLE 5, PAYMENTS, LIENS OR CLAIMS: If, at any time, there shall be evidence of any lien or claim for which, if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the e Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said, premises made obligatory in consequence of the Con- tractor's default. ARTICLE 6, THE CONTRACTOR: The Contractor shall promptly pay all subcontractors , material men, laborers and employees, and shall require all subcontractors to do likewise, and shall keep the property free from all liens, claims or judgments, of any and every kind or nature arising from or growing out of the work hereunder, and shall defend, indemnify and hold harmless the Owner from and against any and all such liens, claims, or judgments and from and against any and all suits , actions or proceedings and of defending same. ARTICLE 7, INSURANCE: The Contractor shall furnish liability and property damage insurance and Workmen's Compensation in accordance with the General Conditions of the Contract Documents . ARTICLE 8, THE CONTRACTOR: The Contractor shall not assign this Agreement or any of the payments that become due hereunder without written consent of the Owner which bears the approval of the Department of Planning Services , Housing Division. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at O ftP$Te5t\\ , Colorado, the day and year first above written. CONTRACTOR:cCc,pps,WE �ousr Cp BY: ATTEST: • TITLE: .lv R1fL_ 2; OWNEI 1C gip-Cm-L.)1 ..LAAL L TITLE: DATE: OWNER: DATE: DATE: pat._ . a.; , 14 7 t22- -3- DEPARTMENT OF PLANNING SERVICES f HOUSING DIVISION PHONE (3031 3564000 EXT. 400 97510TH STREET IIIIDO REHABILITATION GRANT AGREEMENT GREELEY,V, COLORADO 80631 COLORADO This agreement made this 28th day of December , 1977 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Tony and Ramona Ruiz the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $4, 878. 00 for the applicant' s property at 445 Dunmire St. , Evanston, CO , in consideration of the applicant ' s meeting the following requirements : 1. Applicant(s) agree that he (they) will continue to own the above described property for the next five years. 2. Applicant (s) agree to sign a promissory note, secured by a lien against the property, which will require applicant ' s to repay all or a portion of the grant, should applicant ' s cease to be owner of the property within the five (5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant (s) continues to own the property as agreed. 3. Applicant(s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners, Weld County, Colorado. 4 . Applicant(s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners, Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO Owner 6igne n ne K. Steinma//r��k, ‘ a vile, ` ' may " 4w ATTEST: Owner' s Sign (/ k' Y �_ Weld County erk an erg W S • and Clerk to the Boar ` .� f J �CX0.� �%/],0 1„1„N Signature ) I By: Deputy Co my Clerk eit 1 IPII‘v V DEPARTMENT OF PLANNING SERVICES VI HOUSING DIVISION PHONE (303) 3564000 EXT. 400 915 10TH STREET Ville REHABILITATION GRANT AGREEMENT GREELEY,V, COLORADO 80631 COLORADO This agreement made this 21 day of December , 19 for a Housing Rehabilitation Grant is made between the Board of County Commissioners, Weld County, Colorado, and Perry and Florence Kerr the applicant. The Board of County Commissioners, Weld County, Colorado hereby agrees to give a Housing Rehabilitation Grant in the amount of $5, 850 .00 for the applicant' s property at 111 ,Tnhpcon St. , Evanston, Colorado , in consideration of the applicant ' s meeting the following requirements : 1. Applicant(s) agree that he (they) will continue to own the above described property for the next five years. 2. Applicant (s) agree to sign a promissory note, secured by a lien against the property, which will require applicant' s to repay all or a portion of the grant, should applicant' s cease to be owner of the property within the five (5) year period. The obligation will be reduced by 20% for each year after the grant year, during which applicant(s) continues to own the property as agreed. 3. Applicant(s) agree that he (they) will deposit the rehabilitation grant funds into an escrow account in a bank designated as a trustee for the funds by the Board of County Commissioners, Weld County, Colorado. 4 . Applicant (s) agree to withdraw and return any and all unexpended funds from the grant deposited in the escrow account to the Board of County Commissioners, Weld County, Colorado. This Agreement is executed by the Applicant (s) and the Board of County Commissioners on the date above first written. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO a, Own ' gnature ne K. Steinmark, C*44 -'' j X /02EM Cam- le 7 ��4 / ATTEST: 6.4 Owner' s Signature Weld County Jerk anclitisecrg, WI 1 and Clerk to the Boar 3; -.1 Si ture By:" Deputt Co my Clerk AGREEMENT BETWEEN CONTRACTOR AND OWNER THIS AGREEMENT made this 91 day of December in the year Nineteen Hundred and seventy-seven by and between Joe Gardinq , hereinafter called the "Contractor", ' and Perry and Florence Kerr , hereinafter called the "Owner", WITNESSETH, that the Contractor and the Owner for con- siderations hereinafter named agree as follows: ARTICLE 1 , SCOPE OF WORK: The contractor shall furnish all materials and per- form all the work described in the Description of Work, on the drawings (if any) , in the Specifications entitled the Rehabilitation of: Owner(s) Name: Perry and Florence Kerr Property Address: 131 Johnson Street, Evanston, Colorado 80530 Legal Description: Lots 5 and 6, Block "T" of the Evans Addition Project No. : B-76-DN-08-0014 Application No. EV-6-DN-08, Grant #4 and shall do everything required by this Agreement, the bidding requirements , the contract forms, the General Conditions of the Contract, the Specifications, and the Drawings (if any) , and Description of Work. SECTION 3 CLAUSE: A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Departmen- of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170u. Section 3 requires that to the greatest extent feasible oppor- tunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders . of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no con- tractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organ- isation or workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include .this Section 3 Clause,in every subcontract for work in connection with the project and will , at the direction of the appli- cant for or recipient of Federal financial assistance, take appropriate • action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcon- tractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, including the pro- visions of Form HUD-6231 , HUD-6231A, HUD-3200, and HUD 32006, as appli- cable, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors , and assigns. Failure to fulfill these require- ments shall subject the applicant or recipient, its contractors, and sub- contractors, its successors , and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 2, TIME OF COMPLETION: LIQUIDATED DAMAGES: (a) The work performed under this Contract shall be commenced on the date when th Proceed Order is issued and shall be fully completed on or before �4Rci-k 1 J7 5 . The Owner,. through the Weld County Department of Planning Services, Housing Division, shall issue the Proceed Order in writing within ninety (90) days of the signing of this Agreement. If the Owner does not issue the Proceed Order within. ninety (90) days, the Contractor has the option of withdrawing from the Agreement and the Contract Documents shall be void and of no effect. (b) Time is an essential element of this Agreement, and therefore, all work shall be completed within the contract period specified above in paragraph (a) of this Article 2. For each calendar day that any work shall remain in- completed after the end of the contract period, the amount of fifty Dollars ($ 50 .00 ) per calendar day will be as- sessed, not as a penalty, but as a predetermined and agreed liquidated damages. - The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and Inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, County, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the contractor shall within ten (10) days from the beginning of any such delay notify the Department of Planning Services, Housing Division in writing of the causes of such delay. The Department of Planning Services, Housing Division, will make findings of fact concerning the delay, which shall be final and conclusive, and shall determine whether liquidated damages are to be assessed against the Contractor under this Article. In the event the Department of Planning Services, Housing Division, determines that liqui- dated damages are to be assessed, the amount of the assessment to be withheld from the contract price shall be disbursed from the escrow account in accor- dance with Paragraph 5.g. , Page 5, Chapter 14 of the HUD Rehabilitation Financing Handbook (7375.1 REV to 2.74). ARTICLE 3, THE CONTRACT SUM: The Department of Planning Services, Housing Division, shall , on behalf of the Owner, pay the Contractor for the performance of the contract, subject to additions and deductions provided herein,. in current funds as follows; five thousand one hundred twenty four DOLLARS($' 5, 124.00 ). (write in amount ARTICLE 4, PAYMENTS: The Owner, through the Department of Planning Services, Housing Division, shall make progress payments and a final payment to the Contractor upon a written re- quest by the Contractor, subject to the approval of the Owner's inspector as furnished by the Weld County Department of Planning Services , Housing Division. The value of the work satisfactorily completed is based on the contract prices of labor and materials incorporated in the work and of materials suitably stored at the site as estimated by the Contractor and approved in writing by the Owner's inspector. Approval of progress payments by the Owner's inspector will be with- held if the Contractor has not performed in accordance with the provisions of the Contract Documents and the percentage of the work completed does not comply with the respective progress payment 'requested. Payments..shall be made by the Depart- ment of Planning Services, Housing Division, on behalf of the owner as follows.: 1 . The Department of Planning Services, Housing Division, shall establish and maintain a separate account in the project books of account for the Owner. All receipts and disbursements made for the Owner shall be recorded in the account. 2. Disbursements from the rehabilitation escrow account shall be by check, made payable jointly to the Owner and the Contractor... -2_ 3. The Department of Planning Services, Housing Division, shall secure the endorsement of the Owner and shall transmit the endorsed check to the Contractor. Progress payments shall be made as follows: 1 . The FIRST progress payment of 50% of the Contract price shall be made when the Project is 80% complete. 2. The SECOND progress payment of 30% of the Contract price shall be made when the Project is 100% complete. 3. The FINAL payment of the remaining 20% of the Contract price shall be made within 20 days after final inspection and acceptance by inspector and by the Weld County Division of Building Inspection. Work must be fully completed and the contract fully performed. The Contractor shall submit to the Department of Planning Services, Housing Division, mechanic's lien waivers and satisfactory evidence that all payrolls, materials bills , and other indebtedness connected with the work have been paid in full . The Contractor shall also submit the Weld County building permits, including electrical , mechanical and plumbing permits, as applicable, and certificate of occupancy issued by the Division of Building Inspection for the property. Upon the receipt of the above information and a notice that the work is ready for final acceptance, the Owner's inspector shall ,within 20 days , issue a final certificate of acceptance, over his own signature, stating that the work provided for in this contract has been completed and is accepted by him under the terms and conditions thereof, and that the balance of the contract price is due and payable to the Contractor. ARTICLE 5, PAYMENTS, LIENS OR CLAIMS: If, at any time, there shall be evidence of any lien or claim for which, if established, the Owner of said building might become liable, and which is chargeable to the Contractor, the Owner shall have the right to retain out of any payment then due, or thereafter to become due, an amount sufficient to completely indemnify it against such lien or claim. Should there prove to be any such claim after all payments are made, the Contractor shall refund to the Owner all monies that the latter may be compelled to pay in discharging any lien on said premises made obligatory in consequence of the Con- tractor's default. ARTICLE 6, THE CONTRACTOR: The Contractor shall promptly pay all subcontractors, material men, laborers and employees, and shall require all subcontractors to do likewise, and shall keep the property free from all liens, claims or judgments, of any and every kind or nature arising from or growing out of the work hereunder, and shall defend, indemnify and hold harmless the Owner from and against any and all such liens, claims, or judgments and from and against any and all suits, actions or proceedings and of defending same. ARTICLE 7, INSURANCE: The Contractor shall furnish liability and property damage insurance and Workmen's Compensation in accordance with the General Conditions of the Contract Documents. ARTICLE 8, THE CONTRACTOR: The Contractor shall not assign this Agreement or any of the payments that become due hereunder without written consent of the Owner which bears the approval of the Department of Planning Services, Housing Division. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at G"/AM sTo N , Colorado, the day and year first above written. CONTRA R:vGMRDrad au5-r ,)(w.nA) a n. BY: • TITLE: pcJ.ve2 • TATTEST:144d% (}0_,./L/7 OWNER: 0 TITLE:( , DATE: ✓,O,, 2/ -/y/7 OWNER:✓ e-7r�re /Z-19�rit/ DATE: DATE: ✓,�1 04/- /,977 • •M-eft -3- Hello