HomeMy WebLinkAbout941326.tiff RESOLUTION
RE: APPROVE AMENDMENT TO 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 an Amendment to the Housing Rehabilitation
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Housing Authority, and Catholic
Community Services Northern, with further terms and conditions being as stated in said amendment,
and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Housing
Rehabilitation Contract between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and
Catholic Community Services Northern be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of December, A.D., 1994.
1 n l 1I BOARD OF COUNTY COMMISSIONERS ir ,ATTEST: i WELD COUNTY, COLORADO
Weld County Clerk to the Board (�l / ( I i/'l / Y^:
7177
W. H. Webster, CChha m
Deputy Clerk t b the Board` Dal . Hall, Pro-T7
ad
APPROVED AS TO FOR • '--if C. ✓,.��x i
George E. Baxter
r
ounty Atto ey Constance L. Harbert
A114,ia L./ r,bitt'LGv(
Barbara J. Kirkm er U
941326
HA0013
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AMENDMENT TO HOUSING REHABILITATION CONTRACT
This Amendment to Housing Rehabilitation Contract is made thisar day of December,
1994 by and between the Weld County Housing Authority,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 corporation. hereinafter referred to as "Catholic Charities."
WITNES SETH:
WHEREAS, on November 17, 1993 the parties hereto entered into a contract entitled
"Housing Rehabilitation Contract", a copy of which is attached hereto and is referred to herein as
Exhibit "1", and
WHEREAS, paragraph 1 of Exhibit "1" refers to a Letter of Credit as security for the loan
given to Catholic Charities pursuant to said Contract, and
WHEREAS, Catholic Charities now desires to exchange a Note and Deed of Trust in place
of said Letter of Credit to secure the loan made pursuant to said Contract, and
WHEREAS, Weld County agrees to said exchange, and
WHEREAS,to effectuate said change, paragraph 1 of said Contract must be amended as set
forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and contained in the Housing Rehabilitation Contract dated November 17, 1993 by and
between the parties hereto, a copy of which is attached hereto as Exhibit"1",the parties hereto agree
to amend said Contract by deleting paragraph 1 and substituting in its place the following paragraph
1:
I. Catholic Charities has contemporaneously herewith received a deferred payment loan
from Weld County in the amount of $41,000 which constitutes no more than 50
percent of the cost of rehabilitation of the Guadelupe Center. In exchange for this
money, Catholic Charities agrees to sign a Note and Deed of Trust in a declining
amount set forth in the attached Exhibit "A". The conditions upon which Weld
County may execute against said Note and Deed of Trust 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 the Guadelupe
Center as a homeless shelter without consent in writing by Weld County.
Weld County may execute against said Note and Deed of Trust only after it has
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provided Catholic Charities with written notice that it believes one or more of the
above stated conditions has occurred and Catholic Charities has not provided a
reasonably acceptable plan for remedy or cure. Said notice must be received at least
60 days prior to the projected date of execution against the Note and Deed of Trust.
The parties hereto agree that all of the remaining terms, provisions, promises, and covenants
contained in said Housing Rehabilitation Contract dated November 17, 1993 which is attached
hereto as Exhibit "1" shall continue without alteration or interruption.
IN WITNESS WHEREOF the parties hereto sign their names this)Q day of December,
1994.
ATTEST: CATHOLIC COMMUNITY SERVICES
NORTHERN, A DIVISION OF CATHOLIC
CHARITIES AND COMMUNITY SERVICES OF
THE ARCHDIOCESE OF DENVER, INC., A
COLORADO CORPORATION
BY- - ( d BY: /IiN eilf /�C/Z2Cn
y Commission Expires xecutive Director
July 11, 1997
I
ATTEST: J� % / i G� WELD COUNTY HOUSING AUTHORITY
CLERK TO// THE BOARD
BY: ( /� 1/ t c_K.. BY: , / /.4 /
Deputy Clerk to the Board{- William H. Webster, Chairman I1/4/95)
Weld County Board of Commissioners
acatholic.gjb
941326
EXHIBIT 1
HOUSING REHABILITATION CONTRACT
i
THIS CONTRACT, made this �/2‘
day of �/) /.(6 -L-- 1993 by
and between the Weld County Housing Authority, hereinarter rererrad 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 mare 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 anfobligations, 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.
Exhibit 1 941326
,
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 OF DENVER, INC
Att ,rte✓ By: 7 _C7/;ler
rc 74/ /4 /9 Ex cutive Director
941326
. C..
Housing Rehabilitation Contract
Catholic Charities
HOUSING AUTHORITY OF THE COUNTY OF
WELD, COLORADO
/ /.11 //1 _' £ance . ar *z & v ,,,
ATTES l% j la �G3
97
Weld County Co Clerk
to the Board
By: / ail 4 .4-12-7-7-y/72--4 -12,--,--
/ / ,
'Danuty Clerk to the Boaa .N 7A
PP AS TO FORM:
aunty attorney ",(:;--r-+—,_
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941326
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WELD COUNTY HOUSING AUTHORITY 1
PHONE(303)3521551
TTT P.O. Box A
GREEL_Y COLORADO 80632
CC 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
November 17, 1998 to November 16, 1999 19,415
November 17, 1999 to November 16, 2000 15,532
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
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941326
PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS
Total Amount of Greeley, Colorado
Note Stated in December ,40, 1994
Attached Exhibit "A"
The undersigned, Catholic Community Services Northern, a division
of Charities and Community Services of the Archdiocese of Denver,
Inc . , a Colorado corporation, hereinafter referred to as "Maker" ,
hereby promises to pay to the order of the Weld County Housing
Authority that sum stated in the attached Exhibit "A" for the year
in which repayment is sought, to be repaid only if : 1) the Maker
fails to perform any of the obligations, covenants, or terms of the
Housing Rehabilitation Contract between the Maker and the Weld
County Housing Authority dated November 17, 1993 , as amended on
Decembers O , 1994 , and/or 2) the Maker should discontinue the
operation of Guadalupe Center, 1516 N. 25th Avenue, Greeley,
Colorado, as a homeless shelter without consent in writing by the
Weld County Housing Authority.
The Weld County Housing Authority has made a deferred loan to the
Maker in the sum of $41 , 000 , with a declining balance as shown in
the attached Exhibit "A" . The Maker acknowledges that such
deferred loan constitutes sufficient and adequate consideration for
this Note .
The indebtedness evidenced by this Note is secured by a Deed of
Trust dated Decemberc)I Q , 1994 and, until released, said Deed of
Trust contains additional rights of the Noteholder. The real
estate subject to this Note and the Deed of Trust securing it is
identified as follows :
Lots 9 and 10, and Lot 1, excluding the North 12 feet,
Espanola Subdivision, City of Greeley, Colorado, according to
the plat thereof recorded at Book, Reception Number, in the
Office of the Weld County Clerk and Recorder.
Done thisc-lday of December, 1994 .
CATHOLIC COMMUNITY SERVICES NORTHERN,
Maker
BY i?/12� Arz-t-en"
The foregoing trument w s ac nowled ed before me this day of
ber, 1994 , by (tL c2 2- �/g whose title is
Come e, /[ -Le 2 mac/ of CATHOLIC COMMUNITY SERVICES
NO THERN, Maker.
Witness my hand and official seal .--\\
Ki _ (4-g tom)
otary Public
My Commissio Expires
My commission expires : July 11, 1997
941326
Recorded at o ' clock M.
Reception No.
p9//� � ��,✓'��/)DEED OF TRUST
THIS DEED OF TRUST, dateva 'mot , 1994, between CATHOLIC COMMUNITY SERVICES, NORTHERN,a
division of Charities and Community Services of the Archdiocese of Denver, Inc. ,a Colorado
corporation, the grantor herein, whose address is 1311 11th Street, Greely, CO 90631, and the
PUBLIC TRUSTEE of the County of Weld, in the State of olorado.
Witness:
The grantor, to secure a promissory note dated , 1994, for the total principal sum
of Thirty-Four Thousand Nine Hundred Forty Seven and no/100 dollars ($34, 947) , payable to the
order of the Weld County Housing Authority, the beneficiary herein, whose address is 915 Tenth
Street, Greeley, Colorado 80631, after the date thereof, with no interest due thereon and subject
to the provisions and conditions for forgiveness as set forth in said promissory note, does
hereby grant and convey unto said Public Trustee the following described property, situate in the
County of Weld, State of Colorado, to wit:
The real property described in the attached Exhibit "A" .
also known by street and number as 1516 N. 25th Avenue, Greeley, Colorado 80631.
TO HAVE AND TO HOLD the same together with all its appurtenances, in trust nevertheless,
that in case of default in the payment of said note or any part thereof, or in the performance
of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of
election and demand for sale, said Public Trustee, after advertising notice of said sale weekly,
for not less than four weeks, in some newspaper of general circulation in said County, shall sell
said property in the manner provided by law in effect at the time of filing said notice and
demand, at public auction for cash, at any proper place designated in the notice of sale. Out
of the proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs
and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with
interest thereon, and pay the amount due on said note, rendering the overplus (if any) unto the
grantor; and after the expiration of the time of redemption, said Trustee shall execute and
deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property
or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, it is seized of said
property in fee simple, and that said property is free of encumbrances, except:
The grantor also covenants that he will keep all buildings insured with a company approved
by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of
said note with loss payable to the beneficiary, will deliver a copy of the policy to the
beneficiary, and will pay all taxes and assessments against said property and amounts due on
prior encumbrances. If grantor shall fail to pay insurance premiums, taxes, or amounts due on
prior encumbrance, the beneficiary may pay the same and all amounts shall become additional
indebtedness due hereunder, and in case of foreclosure, the grantor will pay all reasonable
attorney's fees incurred by the beneficiary.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust
or the title to said property, the grantor agrees that all court costs and a reasonable
attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder, and
the grantor does hereby release and waive all claims in said property as a homestead exemption
or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach
of any of the covenants herein, then said amount hereby secured may at the option of the
beneficiary become due and payable at once, anything in said note to the contrary notwithstanding
and possession of said property will thereupon be delivered to the beneficiary, and on failure
to deliver such possession the beneficiary shall be entitled to a receiver for said property, who
may be appointed by any court of competent jurisdiction.
Whenever used herein the singular number shall include the plural, the plural the singular,
and the use of any gender shall be applicable to all genders. All of the covenants herein shall
be binding upon the respective heirs, personal representatives, successors, and assigns of the
parties hereto.
Executed the day and year first above written.
CATHOLIC COMMUNITY SERVICES OF THE
ARCHDIOCESE OF DENVER, INC. , a Colorado
Corporation
BY:�/!/YL66 T STATE OF OF COLORADO)
ss.
COUNTY OF WELD ) ]�
/ O1
,� °he oregoing t ment was ac now d before J me this C>a..11; day of
L.Y.E'-C'"e':7?;;��2/ 19��by _'L'GZC� 1� 7-�-
My Commission Expires
l9 With ss my hand and o icral seal.
My Commission expires
July ti, 7937
N ublic
No. 923B. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85
WHEN RECORDED RETURN TO:
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EXHIBIT"A"
Lots 9 -10, and Lot 1, excluding the north 12 feet, Espanola Subdivision, City of Greeley, Colorado,
according to the plat thereof recorded at Book 395, Reception Number 567919 in the Office of the
Weld County Clerk and Recorder.
•
941326
WELD COUNTY HOUSING AUTHORITY
(11.:Cris 1 I Da; •.3/44\ ".-1 n r r_77
PHONE(303)P.O. Box
- �-T� O. Box A
GREELEY,COLORADO 80632 1111 k cum;
COLORADO TC) TIE `. . '':1
TO: W.H. Webster, Chairman, Board of County �� ^��
l
Commissioners l l ( V I
FROM: Judy Griego, Director, Department of Social Services )6 /�, l�
SUBJECT: Revision to Agreement with Catholic Community Service°
DATE: December 21, 1994 //
As discussed at the Housing Authority Work Session of December 19, 1994, Catholic
Community Services has requested that the Weld County Housing Authority release
them from the Letter of Credit which was instituted in November, 1993 and exchange
it for a Deed ofTrust as security for the Housing Rehabilitation Contract. You may
recall that $41,000 was provided to Catholic Community Services for the expansion
of the Guadalupe Center.
The County Attorney has prepared an Amended Agreement, a Promissory Note and a Deed
of Trust which has now been executed by Catholic Community Services.
Copies of the documents are included in this packet.
We are recommending that the documents be approved by the Board.
If you have any questions, please telephone me at 352-1551, Extension 6200.
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