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HomeMy WebLinkAbout940633.tiff RESOLUTION RE: APPROVE ADDENDUM TO MEMORANDUM OF AGREEMENT WITH ECONOMIC DEVELOPMENT ACTION PARTNERSHIP AND AUTHORIZE CHAIRMAN TO SIGN 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 Addendum to Memorandum of Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Economic Development Action Partnership, for Colorado Community Development Block Grant funds in the sum of $850,000, with terms and conditions being as stated in said addendum, and WHEREAS, after review, the Board deems it advisable to approve said addendum, 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 Addendum to Memorandum of Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Economic Development Action Partnership, for Colorado Community Development Block Grant funds in the sum of $850, 000, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D. , 1994. BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO � Weld Co�� � W-�f� ie ) }�e 1. to y �U . H. Webster, C irm 6711;1074217 a: 1(dA Deputy Clerk to the Board . Hall, P/ e APPROV AS TO FORM: Z� eeorrge . Baxter (// County Att rney Constance L. Harbert CLc L Barbara J. Kirkme er 940633 LC.; EtiiP(6d//1tnn ; /7 ADDENDUM TO MEMORANDUM OF AGREEMENT THIS ADDENDUM TO MEMORANDUM OF AGREEMENT is made and entered into this 30th day of June, 1994 by and between Weld County, Colorado, hereinafter referred to as "Weld, " whose address is 915 Tenth Street, Greeley, Colorado 80631, and Economic Development Action Partnership, hereinafter referred to as "Contractor, " whose address is 810 Ninth Street, Greeley, Colorado 80631, and is intended to amend the Memorandum of Agreement between the parties herein as executed on December 20, 1993 . WITNESSETH: WHEREAS, Weld has applied to the State of Colorado for Community Development Block Grants ( "CDBG" ) in the sum of $850,000 . 00 for the purpose of job retention and job creation in Weld County, Colorado, and WHEREAS, on December 20, 1993 Weld and Contractor entered into a Memorandum of Agreement wherein Weld agreed to pay Contractor the sum of $97 , 333 . 00 between January 1, 1994 and December 31, 1994 , paid out in equal monthly amounts of $8, 111 . 08, for the purpose of providing an economic development program in Weld County, Colorado, a copy of which is attached hereto and is made a part hereof, and WHEREAS, the parties hereto now believe that the CDBG funds in the sum of $850, 000 . 00 are also to be used for the purpose of providing an economic development program in Weld County, Colorado, in that said funds are intended to benefit the economic well being of all residents of Weld County, Colorado, by retaining and creating jobs, and WHEREAS, the parties hereto therefore deem it necessary to amend said Memorandum of Agreement in order to allow for the payment of said funds in the sum of $850,000 . 00 to Contractor for the purpose of enhancing the economic well being of Weld County and retaining and creating jobs in Weld County. NOW, THEREFORE, in consideration of mutual promises and covenants contained herein, the parties hereto agree to amend their Memorandum of Agreement dated December 20, 1993, a copy of which is attached hereto, as follows : 1 . That in addition to the $97, 333 . 00 of Weld County general fund monies to provide economic development services in Weld County, Colorado, Weld agrees to pay to Contractor the sum of $850, 000 . 00 for the purpose of retaining and creating jobs in Weld County. 2 . That the payment of said $850, 000 . 00 shall occur only after and at the time Weld receives written approval of said grant from the State of Colorado. 940633 3 . That in the event said Community Development Block Grant in the sum of $850,000 . 00 is not approved by the State of Colorado, then this Addendum to Memorandum of Agreement shall be null and void and Weld shall not be obligated to pay the sum of $850, 000 .00 to Contractor. 4 . That this agreement is between the parties hereto only and is not intended, by virtue of the promises and covenants contained herein, to benefit, either directly or indirectly, any third party. 5 . That Contractor and Weld agree that all of the terms and conditions as set forth in the Memorandum of Agreement dated December 20, 1993 which is attached hereto shall be in full effect from this date forward and are not altered by virtue of this Addendum unless specifically stated herein. IN WITNESS WHEREOF the parties hereto have executed this Addendum to Memorandum of Agreement on the 30th day of June, A.D. , 1994 . ATTEST: Lijigieuein WELD COUNTY, COLORADO, BY AND THROUGH THE BOARD OF COUNTY CLERK TO THE BOARD OF COMMISSIONERS OF WELD COUNTY COUNTY COMMISSIONERS IL/& ,-) !b. �/ W. H. Webster, Chairman ����ii BY: �3///Lta jt hvi& Deputy Crk to the Board ECONOMIC � DEVELOPMENT ACTION PARTN[ P William J. Ar , Pre ent aeconomic.gjb 900633 Hello