HomeMy WebLinkAbout920809.tiff RESOLUTION
RE: APPROVE HOUSING REHABILITATION CONTRACT WITH ALTERNATIVE HOMES FOR YOUTH,
INC. , 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 between Alternative Homes for Youth, Inc. 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 between Alternative Homes for Youth, Inc. , 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 24th day of August, A.D. , 1992.
��: fl fl1 BOARD OF COUNTY COMMISSIONERS
ATTEST: 4144/ yn WELD COUNTY, COLORADO
Weld County Clerk to the Board
Geo a Kenne , Chairman
BY: 0-f
1� A �I0_0.L
Deput}/Jlerk to the Board Constance L. Har r Pro-Tem
APPROVED AS T FORM: /��i/
C. (11/ y
County Attorney Gor
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W. H. Webster
920809
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HOUSING REHABILITATION CONTRACT
THIS CONTRACT, made this 7-- day of H 4 1992 by
and between the County of Weld County for the use and ben it of the Weld County
Housing Authority hereinafter referred to as Weld County, and Alternative Homes,
for Youth Inc. , a Colorado not-for-profit corporation hereinafter referred to as
Alternative Homes for Youth.
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 CDBG Contract # C 85165; and
WHEREAS, required approval, clearance and coordination has been
accomplished from and with appropriate agencies; and
WHEREAS, the County of Weld, through the Weld County Housing Authority, is
authorized to administer the State Community Development Block Grant Program; and
WHEREAS, Alternative Homes for Youth desires to voluntarily participate in
the Program in accordance with the requirements of said program and all
applicable laws and regulations;
NOW THEREFORE, hereinafter collectively referred to as Alternative Homes
for Youth, do hereby agree, covenant and promise as follows:
1. Alternative Homes for Youth has contemporaneously herewith received a
deferred payment loan from Weld County in the amount of Forty Thousand dollars
which constitutes no more than fifty percent of the costs of rehabilitation. This
deferred payment loan prescribed herein shall constitute an indebtness for a
period, hereinafter referred to as "Term of this Contract" of not less than ten
(10) years from the date of final completion of eligible rehabilitation work. In
the event Alternative Homes for Youth complies fully with the terms, conditions
an covenants of this Contract and Deed of Trust given to secure this Contract,
the indebtedness shall be discharged; otherwise the indebtedness shall continue
as a lien againts the rehabilitated property and shall be due and payable on
demand as provided herein.
2. The Rehabilitated property constitutes the following described real
property:
Pt SE 4 6-2-68 Beg 1242' W and 30'N of SF Cnr g2n8'
W 208' S 208' E 208' to Beg
which is also known as
745 HWY 119 Longmont, CO 80501
together with all improvements and fixtures thereon.
3. The deferred payment loan shall be evidenced by a Promissory Note,
secured by a deed of trust for the benefit of the Weld County Housing Authority.
Alternative Homes for Youth represents that the lien represented by said Note and
Deed of Trust is a second lien, only subordinate to the first lien held by the
Colorado Housing and Finance Authority and encumbrances subject only to such
Title exceptions as shall be acceptable to the Weld County Housing Authority.
4. Alternative Homes for Youth shall provide funds in the amount which
shall at least equal the Weld County Housing Authority's share of the eligible
rehabilitation costs. These funds shall be secured on or before the execution of
this Contract.
920899
5. Alternative Homes for Youth agrees to provide Title Insurance prior to
closing for the benefit of Weld County.
6. 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 Alternative Homes for Youth
upon full completion of said work. The final completion shall be binding upon
Alternative Homes for Youth and shall be a final and conclusive determination of
all work completed subject to any outstanding warranties.
7. Alternative Homes for Youth agrees to carry out all rehabilitation work
specified in the attached blueprints and specifications (marked exhibit "A" and
by reference incorporated and made a part hereof) , with all practicable dispatch
in a sound, economical and efficient manner, let by Alternative Homes for Youth
with the prior concurrence of Weld County. In accomplishing such rehabilitation
Alternative Homes for Youth will comply with all applicable Weld County
construction codes. Alternative Homes for Youth will obtain all necessary public
approvals including zoning, health and fire approvals.
8. The Weld County Housing Authority shall have the right to inspect all
work, materials and equipment finances in whole or in part carried out with
Program funds and will inform Alternative Homes for Youth 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.
9. All contract documents pertaining to the work, including blueprints and
specifications shall be approved by the Weld County Housing Authority and Weld
County. Alternative Homes for Youth shall serve as the general contractor and
shall be responsible for all as specified in the blueprints and specifications.
10. Payments by Weld County shall be issued to Alternative Homes for Youth
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. When 80% of the work is completed, fifty percent of the
contract will be paid
B. When 100% of the work is completed 80 percent of the
contract will be paid.
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 Alternative Homes for
Youth, the general contractor and Weld County Housing
Authority have signed a Certificate of Final Completion.
11. All project activity shall be completed by no later than November 30,
1992.
12. During the ten years of the Promissory Note and Deed of Trust,
Alternative Homes for Youth shall continue to own the rehabilitated property. If
in fact Alternative Homes for Youth ceases to own the real estate herein
described under paragraph 2 of this contract or the corporation is liquidated,
Alternative Homes for Youth shall be required to repay the total amount of the
deferred payment loan.
13. Alternative Homes for Youth warrants and certifies that they are not
an employee, agent, consultant, officer, or elected or appointed official of Weld
County and neither exercises or has exercised any function or responsibilities
for Weld County in connection with the administration Weld County's CDBG program.
920809
14. Alternative Homes for Youth, in consideration for Weld County Housing
Authority's promises herein, set forth, promises to indemnify, save and hold
harmless and defend Weld County Housing Authority, and all of it's employees and
agents, acting officially or otherwise, from any and all liability, claims,
demands, actions, debts and attorney fees arising out of, claimed on account of,
or in any matter predicated upon loss or damage to the property of or injuries
to, or death of all persons whatsoever, which may occur, or is sustained in •
connection with the performance of this Contract, or by conditions created
thereby, or based upon any violation of statute, ordinance, or regulations, and
the defense of any such claims or actions.
15. Alternative Homes for Youth agrees that at any time during the term of
this Contract, Weld County Housing Authority, the State of Colorado and/or the
United State Department of Housing & Urban Development may conduct a performance
or financial audit of Alternative Homes for Youth records pertaining to the
rehabilitated property and Alternative Homes for Youth's 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 Federal, State or local laws or
regulations, Alternative Homes for Youth shall upon demand immediately pay such
improperly used amounts to the Weld County Housing Authority.
16. If, at any time during the full term of this Contract, Alternative
Homes for Youth (a) fails to perform any obligation, covenant or term of this
Contract, (b) breaches any warranty made in this Contract, (c) this Contract or
Deed of Trust given to secure this Contract, then after final completion of the
rehabilitation work up to the time of the failure, breach or violation, shall be
immediately due and payable, and the Weld County Housing Authority may, at it's
option, elect to foreclose upon the rehabilitated Property or demand sale of the
same by the Public Trustee.
17. Alternative Homes for Youth 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.
18. Alternative Homes for Youth 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 a mortgage clause endorsement to Weld
County. 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.
The signatories hereto aver that they are familiar with 18-8-301, et. seq. ,
(bribery and Corruption Influence) and 18-8-401, et seq. , (abuse of Public
Office) C.R.S. 1973, as amended, and that no violation of such provisions is
present.
The signatories aver that to their knowledge, no County employee has any personal
or beneficial interest whatsoever in the service or property described herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
first above written.
Alternative Homes for Youth Weld County Housing Authority
it tle! welit-man 'is L.
Attest: Attest.
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My wwtt s r ca; p• l.... 9208!
To: Clerk to the Board
From: Judy Griego
Re: Housing Rehabilitation Contract
for Alternative Homes for Youth
Date: July 29, 1992
Attached for Board consideration is the Housing Rehabilitation Contract with
Alternative Homes for Youth. Forty Thousand dollars in matching Community
Development Block Grant funds are being provided to Alternative Homes for
Youth for the rehabilitation of their Residential Child Care Facility located
at 745 Hwy 119, Longmont, Colorado.
The Contract has been signed by Alternative Homes for Youth and is now ready
for Board approval.
The Contract has been reviewed by the County Attorney's Office and by the
County Finance Director.
Request that the Contract be placed on the Board of Commissioners agenda for
the August 3rd meeting.
920809
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