HomeMy WebLinkAbout20031485.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR FINANCIAL ASSISTANCE AND
TRANSFER OF PROPERTY AND AUTHORIZE CHAIR TO SIGN -WELD FOOD BANK
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 of County Commissioners has been presented with a Memorandum
of Understanding ("MOU") between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Weld Food Bank,for financial assistance
and the transfer of property, with terms and conditions being as stated in said MOU, and
WHEREAS, after review, the Board deems it advisable to approve said MOU, 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, that the Memorandum of Understanding between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the Weld Food
Bank, for financial assistance and the transfer of property, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair is authorized to sign the MOU.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE OUNTY, COLORA O
ATTEST: �, / = E
� i��:, �. �
La D id E. on , Chair
Weld County Clerk tot B.
i g. ®��y /` f -II Robert D. den, Pro-Tem
BY: _
Deputy Clerk to the card,-;;--, ,��
M. . eile
A V AS TO
Willi
H. Jerk
unty Attorne
Clem/a d.,4
Date of signature: �(5
2003-1485
BC0033
00 ; (k)f3
MEMORANDUM OF UNDERSTANDING
AGREEMENT:
This Memorandum of Understanding ("MOU") is made this 9th day of June , 2003, by
and between the County of Weld, State of Colorado, by and through its Board of County
Commissioners, whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter
referred to as "County," and the Weld Food Bank, whose address is 104 11`"Avenue, Greeley,
CO 80631, hereinafter referred to as "Food Bank."
FUNDING SOURCES:
County agrees to provide to Food Bank the sum of$300,000 of its General Fund monies as a
grant for the construction of a new facility, and to transfer to Food Bank 3.44 acres of land
located adjacent to Weld County's North Business Park for the sum of$10.00. Legal description
for said property is: Lot 2 of RS-1023, Resubdivision of Union Colony Subdivision,being part
of the Southeast Quarter(SE%4) of Section 31, Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado.
SCOPE OF WORK:
The project consists of the construction of an approximately 30,000 square foot building on the
property described above to house Food Bank operations.
FINANCIAL ASSISTANCE:
Food Bank will receive the above-mentioned funds from Weld County's General Fund. Payment
of said funds shall be made by County to Food Bank to pay for the first one-third of the
construction contract progress payments ($899,926.00)when such progress payments become
due.
TRANSFER OF PROPERTY:
Within thirty (30) days of Food Bank providing evidence to the County of a viable funding plan
for the building project specified herein, County shall transfer to Food Bank the 3.44 acres of
land by special warranty deed. "Evidence of a viable funding plan" shall be limited to a
demonstration that Food Bank has funding commitments from other governmental agencies,
charities, foundations, private donors, or loan commitments, which, along with the financial
assistance from County mentioned herein, totals the entire anticipated cost of the building
project. The property shall be transferred to Food Bank subject to a twenty-five (25)year no
interest promissory note and deed of trust indicating that the facility must be used for a food bank
function serving primarily Weld County residents for the twenty-five (25)year period. The
promissory note shall be in the amount of$899,692(which represents County's commitment of
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2003-1485
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$300,000 in equipment, $300,000 in cash, and$299,692 in the land valued at two-dollars per
square foot). One twenty-fifth (1/25) of the $899,692 promissory note shall be forgiven each
year, upon the condition that the property is continuously used by Food Bank over the course of
the previous one year period as a food bank serving primarily Weld County residents.
RIGHT OF AUDIT:
County shall have the right to audit said project's construction account and/or operating account
at reasonable times during and after said construction.
REPORTING:
Food Bank shall submit to County a monthly fiscal report sufficiently detailed to indicate
progress made in the construction project and payments made in the course of the reporting
period. Each report shall be submitted by the 10th day after the end of each quarter, starting after
the first month of construction and ending the month after completion of construction.
NO WARRANTY:
Through this MOU, County does not provide or promise to Food Bank or its clients any warranty
with respect to the labor and materials used in construction, the finished building, and/or the
fitness and suitability of the building for the purpose for which it is being built.
Dated this 9th day of June , 2003.
ATTEST: �� COUNTY OF WELD, STATE OF
COLORADO,COLORADO, by and through the Board of
"'�, ' Coun ommissioners of Weld County
r
By: By:
Clerk to the Board '1`/ ,qA David E. Long, Chairm
Li pv (06/09/2003)
WELD D BANj
By: ,�� (-6t
,`p�� P-e Title: ��W� /�4�f'
`DONNA J.
t
Air
Subscribed and sworn to eff?J& ay of ^i EA , 2023.
(i 1
OF WY' /14 77‘.i - / L
My Commission Expires April 10,flu Notary Public
My Commission Expires: ///
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