HomeMy WebLinkAbout931187.tiff RESOLUTION
RE: APPROVE HOUSING REHABILITATION CONTRACT WITH CATHOLIC COMMUNITY
SERVICES/NORTHERN 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 a Housing Rehabilitation
Contract for the Guadalupe Center between Catholic Community Services/Northern
and Weld County Housing Authority, with the terms and conditions being as stated
in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, 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 Housing
Rehabilitation Contract for the Guadalupe Center between Catholic Community
Services/Northern and Weld County Housing Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of November, A.D. , 1993.
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�� �ve/ �� BOARD OF COUNTY COMMISSIONERS
ATTEST: ; WELD COUNTY, COLORADO
Weld County Clerk to the Board /'//!�J -mac, t% [ ��.y
CCo stance L. Ha b , Chairman
BY: 4c - - _,c .m . %1 ber
.6 W
Deputy Clerk to the Beaxsl__t W. H. ^ bster, Pr Tem�J
APPROVED AS TO FORM: ! �r..�a/�i it +,
�orge,4E. Baxte
1
oun ttorne Dale K./Hall
arbara J. Kirkmey r
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HOUSING /Auth REHABILITATION� CONTRACT
THIS CONTRACT, made this 1 / day of L7767.(0,24b-C-) 1993 by
and between the Weld County Housing ority, hereinafter referred to as "Weld
County", and Catholic Community Services Northern a division of Charities and
Community Services of the Archdiocese of Denver, Inc. a Colorado not-for-profit
corporation hereinafter referred to as "Catholic Charities."
WITNESSETH:
WHEREAS, the authority exists in the Law, and Funds have been budgeted,
appropriated and otherwise made available and a sufficient unencumbered balance
thereof remains available for payment in #C 853202 contract with the Housing
Development Grant for State of Colorado; and
WHEREAS, required approval, clearance and coordination has been accomplished from
and with Colorado Division of Housing; and
WHEREAS, the Weld County, is authorized to administer the State of Colorado
Housing Development Grant Program by and through the Weld County Housing
Authority; and
WHEREAS, Catholic Charities desires to voluntarily participate in the
Colorado Housing Development Grant Program in accordance with the requirements
of said program and all applicable laws and regulations;
NOW THEREFORE, hereinafter collectively referred to as Catholic Charities
and Weld County do hereby agree, covenant and promise as follows:
1. Catholic Charities has contemporaneously herewith received a deferred
payment loan from Weld County in the amount of Forty One Thousand dollars which
constitutes no more than fifty percent of the costs of rehabilitation of the
Guadalupe Center. In exchange for this money, Catholic Charities has provided to
Weld County a Letter of Credit in the same sum. Catholic Charities agrees to
maintain a Letter of Credit during the full term of this contract in the amount
specified in the attached Exhibit "A". The conditions upon which Weld County may
execute and collect against said Letter of Credit are as follows:
a. If Catholic Charities fails to perform any obligations, covenants,
or terms of this contract.
b. If Catholic Charities should discontinue the operation of Guadalupe
Center as a homeless shelter without consent in writing by Weld
County.
Weld County may execute and collect against said letter of credit only after it
has provided Catholic Charities with at least 60 days written notice of one or
more of the above stated conditions and Catholic Charities has not provided a
reasonably acceptable plan for remedy or cure or has not remedied or cured such
violations.
2. The Rehabilitated property constitutes the following described real
property: 1516 North 25th Ave. Court, Greeley Colorado; which real property is
hereinafter known as "Guadalupe Center," together with all improvements and
fixtures thereon.
3. The deferred payment loan shall be evidenced by a promissory note,
secured by a Letter of Credit for the benefit of the Weld County.
4. Catholic Charities shall provide funds in the amount greater than the
$41,000.00 which is Weld County's share of the eligible rehabilitation costs.
931187-
These funds shall be secured on or before the execution of this Contract.
5. The date of final completion of the eligible rehabilitation work
shall be that date certified on the Certificate of Final Completion signed by the
Director of the Weld County Housing Authority and Catholic Charities upon full
completion of said work. The final completion shall be binding upon and shall be
a final and conclusive determination of all work completed subject to any
outstanding warranties.
6. Catholic Charities agrees to carry out all rehabilitation work specified
in the attached blueprints and specifications (marked exhibit "B" and by
reference incorporated and made a part hereof) , with all practicable dispatch in
a sound, economical and efficient manner, let by Catholic Charities with the
prior concurrence of Weld County. In accomplishing such rehabilitation Catholic
Charities will comply with all applicable Weld County construction codes.
Catholic Charities will obtain all necessary public approvals prior to
construction, including, but not limited to, zoning, health and fire approvals.
7. Weld County shall have the right to inspect all work, materials and
equipment financed in whole or in part with funds provided by Weld County and
will inform Catholic Charities of any non-compliance with respect to the contract
for work, but will not issue any orders or instructions to any subcontractor
performing the work.
8. All contract documents pertaining to the work, including blueprints and
specifications shall be approved by the Weld County. Jerry King Construction
shall serve as the general contractor and shall be responsible for all work as
specified in the blueprints and specifications.
9. Payments by Weld County shall be issued to Catholic Community Services
Northern/Jerry King Construction as reimbursement of approved expenditures. No
payments will be issued without the properly completed lien waivers. Payments
shall be issued based on work progress based on the following formula:
A. As work is completed, the contract amount will be paid
in proportion to the work completed to that date.
B. The contract will be paid in full within 30 days of the
date indicated on the Certificate of Completion.
C. Final payment may be issued only upon the completion of
all work and after the submission of all finalized
building permits and after the general contractor and
subcontractors have submitted all lien waivers. No final
payment will be issued until Catholic Charities
and the general contractor and Weld County have signed
a Certificate of Final Completion.
10. All project activity shall be completed by no later than December 31,
1993.
11. During the ten years of the Promissory Note and Letter of Credit
Catholic Charities shall continue to use or operate the rehabilitated property.
If in fact Catholic Charities ceases to use or operate the real estate herein
described under paragraph 2 of this contract or the corporation is liquidated,
Catholic Charities shall be required to repay the total amount of the deferred
payment loan.
12. Catholic Charities acknowledges that it is an independent contractor.
Catholic Charities agrees, on behalf of itself, its directors, employees, and
agents, that it is not and shall not as a result of the execution of this
Agreement become an employee of Weld County and, therefore, is not entitled to
any employee benefits as a Weld County employee.
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13. Weld County, the Board of Commissioners of Weld County, and the Weld
County Housing Authority, officers and employees, shall not be held liable for
any injuries or damages caused by negligent acts or omissions of Catholic
Charities or its employees, volunteers, or agents performing Catholic Charities
duties as described in this contract. Catholic Charities shall indemnify, defend,
and hold harmless Weld County, its officers and employees, for 'any loss
occasioned by or a result of the performance of this contract by Catholic
Charities, its employees, volunteers, and agents.
14. No portion of this contract 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 Agreement be deemed to have created a duty of care with
respect to any person not a party to this contract.
15. No portion of this contract shall be deemed to create an obligation on
the part the Weld County, to expend funds not appropriated in each succeeding
year.
16. If any section, subsection, paragraph, sentence, clause, or phrase of
this contract is for any reason held or decided to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
portions. Parties hereto declare that they would have entered into this contract
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.
17. Catholic Charities shall obtain and maintain fire, and extended
coverage insurance for the subject property for at least the value of the
deferred payment loan and provide to Weld County proof of insurance in the form
of a Certificate of Insurance. Weld County is to be added to the Certificate of
insurance as an additional named insured. Weld County may collect the proceeds
of said insurance and may, at its option apply the proceeds to rebuild or restore
the property or to apply towards discharging the indebtedness, whether matured
or unmatured.
18. Catholic Charities agrees that at any time during the term of this
Contract Weld County or the State of Colorado may conduct a performance or
financial audit of Catholic Charities records pertaining to the rehabilitated
property and Catholic Charities obligation under this Contract, provided that
such audit is conducted at reasonable time and in reasonable manner. In the event
that Program funds have been improperly applied, diverted or otherwise used in
violation of State or local laws or regulations, Catholic Charities shall upon
demand immediately pay such improperly used amounts to Weld County.
19. Catholic Charities agrees and warrants that this Contract and the
obligations created herein constitute a commercial transaction and is not a
consumer obligation or consumer related deferred payment loan or obligation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year first above written.
SEAL CATHOLIC COMMUNITY SERVICES NORTHEN A,
DIVISION OF CATHOLIC CHARITIES AND COMMUNITY SERVICES OF THE
ARCHDIOCESE/L� OF DENVER, INC
DENVER,INC
AtI
�1//LYi�i�'r By. D I (/��I'�
Levi-ds//b, �� Ex cutive erector
My Olin!' . acs
9311B7
Housing Rehabilitation Contract
Catholic Charities
HOUSING AUTHORITY OF THE COUNTY OF
WELD, COLORADO
/ / 4 /1,1 (.1
s tan rbertt ; Chairman /l/4�:. �C3
ATTESAJOy1�"i /U" v!'ud-n
Weld County Clerk/ to _the Board
By: 1)J (mil — I --4,
I32ptuty C erk to the hoar
APP AS TO FORM:
,
aunty 1 t rney
, : 931.!fr
tf WELD COUNTY HOUSING AUTHORITY
PHONE(303) 1
P.O.O. Box Box A
GREELEY, COLORADO 84632
Co EXHIBIT "A"
COLORADO
Year Amount
November 17, 1993 to November 16, 1994 $41,000
November 17, 1994 to November 16, 1995 34,947
November 17, 1995 to November 16, 1996 31,064
November 17, 1996 to November 16, 1997 27,181
November 17, 1997 to November 16, 1998 23,298
298
November 17, 1998 to November 16, 1999 15,532
November 17, 1999 to November 16, 2000
November 17, 2000 to November 16, 2001 11,649
November 17, 2001 to November 16, 2002 7,766
November 17, 2002 to November 16, 2003 3,883
•
•
931187.
WELD COUNTY HOUSING AUTHORITY
PHONE.(303)P.O.35Box ox A
GREELEY,COLORADO 80632
111C.
COLORADO ��
To: Constance L. Harbert, Chairman
From: Judy Griego, Director, Deger o ocial Service
Re: Approval of Agreement with Cat icCommunity Servicets," ;; P
Date: November 16, 1993
The attached agreement provides $41,000 in matching funds for the rehabilitation
of the Guadalupe Center.
The following rehabilitation will be completed through this contract:
- repair of the roof;
- enlarge the men's bathroom to include two showers;
- enlarge womens' bathroom to include two showers;
- add a family sleeping room;
- add two female dorm rooms to accomadate up to five
persons; and
- add a storage area.
The project will be administered by the Weld County Housing Authority.
If you have any questions, please telephone me at 352-1551, Extension 6200.
931187
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