HomeMy WebLinkAbout950990.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR DISTRIBUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FOR CONSTRUCTION OF NEW FACILITY 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 Agreement for Distribution of
Community Development Block Grant for Construction of New Facility between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
Highland Day Care Center, Inc., with 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, that the Agreement for Distribution of Community Development Block Grant for
Construction of New Facility between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Highland Day Care Center, Inc., be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 8th day of May, A.D., 1995.
ATTEST:
Weld Coun
BY.
Deputy Clerk
O ED AST
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BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, CO O',;DO
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Constance L. Harbert
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W. H. Webster
950990
FI0020
AGREEMENT -FOR DISTRIBUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANTFOR CONSTRUCTION OF NEW -FACILITY
THIS AGREEMENT is made and entered into this g4) day of May, 1995 by and between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of the
County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred
to as "County", and the -Highland Day Care Center, Inc., whose address is 215 South First Avenue,
Ault, Colorado 80610, hereinafter referred to as "HDCC."
WITNESSETH:
WHEREAS, County, through the Community Development Block Grant Program
(hereinafter referred to as "CDBG"), has available the sum of$250,000 which has been designated
to go to HDCC for the construction of a new facility and an additional $60,000 for acquisition of the
land on which -the new facility will be located in Ault, Colorado, and
WHEREAS, it is necessary under the CDBGProgram to have a written agreement between
the parties to accurately define the relationship and responsibilities between the governmental entity
(County) and the recipient of the -block grant (HDCC),and
WHEREAS, the -property for -the new facility and -the CDBG funds are now available and,
therefore, the parties hereto now desire to enter into this Agreement in order to commence the
project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties heretoagree as follows:
1. CDBG FUNDS:
County, through the Community Development Block GrantProgram, shall provide
to HDCC funds the sum of$250,000 for the construction of a new -facility and an
additional $60,000 for acquisition of the land on which -the new facility is to be
constructed in Ault, Colorado. The payment of said -funds by County to HDCC is
subject to the security andproperty transferprovisions detailed in paragraph 3 of the
Agr-eement.
2. SCOPE OF WORK:
This project consists of the construction, in accordance with the construction
documents developed byRoberts Architects, of an approximately 5,712 square foot
building to house a day care center for children in Ault, Colorado. County shall
serve as the contractor for this project and shall apply -the $250,000 block grant to the
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95O990
cost of said construction. Any monies necessary-forsaid construction which are in
addition to said $250,000 block grant shall be paid solely by HDCC, for which
HDCC certifies to County that it has funds available from sources such as donations,
foundation, grants, or loans. Nn change orders to the original construction contract
shall be approved by County without the written concurrence of HDCC.
3. PURCHASE OF PROPERTY AND PLEDGE AS SECURITY:
County shall provide the sum of $60,000 to HDCC for it to acquire by separate
agreement from a company known as "SCX, Limited Liability Company", through
an intermediary, the property known as all of the west side of Tract "A", Block 1,
Ault West, a subdivision of the Town of Ault, County of Weld, State of Colorado.
(Said property shall be divided into two parts and shall be designated as "Parcel 1"
and "Parcel 2" upon the replat of -said Tract A. Said parcels are hereinafter referred
to as "Parcel 1" and "Parcel 2.") A second separate agreement shall include a
provision whereby SCX, Limited Liability Company shall donate to HDCC all of the
property on the east side of said Tract "A" by two separate deeds to be dated August
5, 1995 (north half of said east half) and January 5, 1996 (south half of said east
half). (Said -properties shall be designated as "Parcel 3" and "Parcel 4" upon the
replat of said Tract A and are hereinafter referred to as "Parcel 3" and "Parcel 4".)
Upon completion and acceptance of the new facility by HDCC and reimbursement
of County by HDCC of all costs for the facility in excess of $250,000, HDCC shall:
a. Execute a promissory note in the sum of $250,000 and a deed of trust
securing the same for the benefit of County and covering Parcel 1, including
all of the new facility to be located thereon. Said promissory -note and deed
of trust shall be forgiven in ten equal annual installments if the -property is
used by HDCC continuously over the course of the previous one year period.
b. Convey by deed to County Parcel 2 and to thereafter convey to County
Parcel 3 (or property of equal value) on August 5, 1995, and convey to
County Parcel 4 (or property of equal value) on January5, 1996. In the
alternative, HDCC may execute no interest promissory notes in the amount
of the value of each Parcel and deeds of trust securing the same in favor of
and for the benefit of County, with the total amount of said promissory notes
being no less than$60,000. Suchpromissory notes shall have a due date of
January 31, 1996.
4. INSPECTION:
HDCC shall have the right to inspect said projects of construction, provided such
inspection is conducted at reasonable times and in a reasonable manner.
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350990
5. ACCOUNTING:
County shall establish and maintain a separate set of accounts for the construction
phase of the project to assure that the program funds are expended and accounted for
in a manner consistent with this Agreement and with the law of the state of Colorado
and with any and all requirements of the United States Department of Housing and
Urban Development.
6. RIGHT OF AUDIT:
HDCC shall have the right to audit said project's construction account and/or
operating account at reasonable times during and after construction.
7. REPORTING:
The County shall submit to HDCC a quarterly fiscal report sufficiently detailed to
indicate progress made and all payments made in the course of that reporting period.
Each report shall be submitted by the 10th day after the end of each quarter, starting
after the first month of construction and ending the month after completion of
construction.
8. NO WARRANTY:
Through this Agreement and through its work as contractor for the construction
contemplated herein, the County does not provide or promise to HDCC or its clients
any warranty with the respect to the labor and materials used in construction, the
finished building, and the fitness and suitability of the building for the purpose for
which it is being built.
9. NO WAIVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities 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 that did not
previously exist with respect to any person not a party to this Agreement.
10. ENTIRE AGREEMENT/ MODIFICATION:
This Agreement contains the entire agreement between the parties hereto and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties.
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950990
DATED this 8 day uf_May,1995.
ATTEST:
CLE
COUN
BY
COUNTY OF WELD, STATE OF
COLORADO BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
Deputy Cler o the Board P Y Dale K. Hall, Chairman
HIGHLAND DAY CARE CENTER, INC.
Shelly Miller ecretary
�k L
SUBSCRIBED AND SWORN to before me this V day of / /ta_<• ,19 (15 -.-
WITNESS my hand and official seal.
otary Public
915 10th St., Greeley, CO 80631
AGREE\HDCC.DB
*COMM. Expires Oct. 7, 1996
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950990
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