HomeMy WebLinkAbout20012410 RESOLUTION
RE: APPROVE COLORADO HOUSING GRANT LOAN AGREEMENT AND AUTHORIZE
CHAIR TO SIGN -CATHOLIC CHARITIES AND COMMUNITY SERVICES FARM
LABOR HOUSING CORPORATION
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 a Colorado Housing Grant Loan
Agreement 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 Catholic Charities and Community Services Farm Labor Housing Corporation,
commencing upon full execution of said agreement, and ending September 1, 2024, 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 Colorado Housing Grant
Loan Agreement 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 Catholic Charities and Community Services Farm Labor Housing Corporation be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of August, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
W LD C TY, COLORADO
ATTEST: ,C/r2
M. J Geile, Cha
Weld County Clerk to the Board
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BY: C , c - ci"✓-r2o.rf1
Deputy Clerk to the Board 1-1--
.t- 1/A ,
7H. Jerke
ASAPPROVETJW
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<. v' E Lo
C�ufity Atto
�� / R bert D. Masden
Date of signature: /� Y
2001-2410
HA0021
COLORADO HOUSING GRANT LOAN AGREEMENT
THIS LOAN AGREEMENT is made this /7d.day of to l 1cal , 2001, by and
between the Weld County, Colorado, on behalf of the Weld Countyousing Authority, P.O. Box
A, Greeley, Colorado 80632, hereinafter referred to as "County," and Catholic Charities and
Community Services Farm Labor Housing Corporation, 460 Linden Center Drive, Fort Collins,
Colorado 80524, hereinafter referred to as "CCCS."
WITNESSETH:
WHEREAS, by Resolution dated November 23, 1998, County entered into a State of
Colorado Housing Grant Contract, hereinafter referred to as "Contract," wherein County agreed
to be the "pass-through" for funds for various projects, which, upon the return of a portion of
such funds from another project, freed the sum of$100,000 to be used by CCCS for the
construction of Plaza del Sol, a 42 unit, low-income rental facility for the migrant and seasonal
worker population in Greeley, Colorado, and
WHEREAS, Paragraph 3., Exhibit "A" of the Contract requires County to enter into a
loan contract with CCCS consistent with the requirements of the Contract, and
WHEREAS, this Loan Agreement is intended by the parties to comply with said
requirement of Paragraph 3., Exhibit "A" of the Contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. TERM: The term of this Loan Agreement shall be from the date stated above to
and until September 1, 2024, or until the loan set forth in Paragraph 2.,below, is
paid in full.
2. LOAN: Contract states that County may receive a sum of money from the State of
Colorado, Department of Local Affairs for the construction of Plaza del Sol, a 42
unit, low-income rental facility for the migrant and seasonal worker population in
Greeley, Colorado by CCCS, not to exceed $100,000. County agrees to loan
CCCS money for said construction, not to exceed $100,000. Said loan shall be
repaid to County over the course of 20 years, at an interest rate of 3%per annum.,
beginning September 1, 2004, paid at the rate of$554.60 per month. If,however,
by September 1, 2004, the project is not generating enough funds for CCCS to
pay said monthly amount, the parties agree that they will extend the required start
date of said payments for an additional two years. To secure said loan, CCCS
agrees to execute a note and deed of trust in favor of County.
Page 1 of 3 Pages
2001-2410
3. TERMS, REOUIREMENTS AND DUTIES SET FORTH IN CONTRACT:
CCCS agrees, as "Contractor" and in place of County, to be bound by all of the
terms and to comply with and assume all of the requirements and duties set forth
in Contract and the exhibits attached thereto.
4. NO DONATION OR GRANT TO, OR IN AID OF, CCCS: The parties agree that
the loan referred to in Paragraph 2., above, is not a donation or grant to, or in aid
of, CCCS, in violation of Colorado Constitution Article 11, Section 2.
5. INDEMNIFICATION: County,the Board of Commissioners of Weld County,
and the Weld County Housing Authority, their officers and employees, shall not
be held liable for any injuries or damages caused by negligent acts or omissions of
CCCS or its employees, volunteers, or agents performing the responsibilities and
duties described in Contract and/or this Loan Agreement. CCCS shall indemnify,
defend, and hold harmless County,the Board of Commissioners of Weld County,
and the Weld County Housing Authority,their officers and employees, for any
loss occasioned by or resulting from the performance of this Agreement by CCCS,
its employees, volunteers, and agents.
6. NO WAIVER OF IMMUNITIES: No portion of this Loan Agreement shall be
deemed to constitute a waiver of any immunities which the parties or their officers
or employees may possess, nor shall any portion of this Loan Agreement be
deemed to have created a duty of care with respect to any person not a party.
7. SEVERABILITY: If any section, subsection,paragraph, sentence, clause, or
phrase of this Loan Agreement is for any reason held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
portions thereof Parties hereto declare that they would have entered into this Loan
Agreement and each and every section, subsection,paragraph, sentence, clause,
and phrase thereof irrespective of the fact that any one or more sections,
subsections,paragraphs, clauses, or phrases herein might be declared
unconstitutional or invalid, for any reason.
8. AUDIT: CCCS agrees that at any time during the term of this Loan
Agreement, County or the State of Colorado may conduct a performance or
financial audit of CCCS records pertaining to the construction project and CCCS's
obligation under Contract and/or this Loan Agreement,provided that such audit is
conducted at reasonable time and in reasonable manner. CCCS shall be
responsible for remedying any audit findings which are detected.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
SEAL: CATHOLIC CHARITIES AND
COMMUNITY SERVICES FARM LABOR
HOUSING CORPORATION
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Attester 427 !-6=Ve-1vi • .n1i ji�r
By: / A om , t'i Xr i st F. Giron, Executive Director
ATTEST: a /1!�?!��` WELD COUNTY, COLORADO, ON
Weld County Clerk to t fit f - Le\ BEHALF OF THE WELD COUNTY
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11 at 0 . ..„.% HOUSING AUTHORITY
i '% ��'�`
Deputy Clerk to the Boark.(f '\ / J. eile, Chairman (08/a7/_.Coi�
Page 3 of 3 Pages
EXHIBIT "A"
A portion of the Northwest Quarter of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 6th P.M., City of Greeley, County of Weld, State of Colorado, being
more particularly described as follows:
Beginning at the Northwest Corner of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 611'P.M.;
thence South 89°13' 40" East, 1,323.8 feet;
thence South 00°16' 32" West, 680 feet to the True Point of Beginning;
thence North 89°13' 40" West, 653.19 feet;
thence South 00°16' 32" West 384.85 feet;
thence South 89°23' 42" East, 653.19 feet, more or less, to a point on the East Line of the
Northwest Quarter of the Southwest Quarter of said Section;
thence North 00°16' 32" East, 384.84 feet along the East Line of the Northwest Quarter of
the Southwest Quarter of said Section to the Point of Beginning, County of Weld, State of
Colorado.
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