HomeMy WebLinkAbout982269.tiff RESOLUTION
RE: APPROVE APPLICATION FOR COLORADO DIVISION OF HOUSING
REHABILITATION PROGRAM ASSISTANCE AND AUTHORIZE CHAIR 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 Application for Colorado Division of
Housing Rehabilitation Program Assistance from 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, to the Colorado Department of Local Affairs, Division of Housing, with terms
and conditions being as stated in said application, and
WHEREAS, after review, the Board deems it advisable to approve said application, 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 Application for Colorado Division
of Housing Rehabilitation Program Assistance from 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, to the Colorado Department of Local Affairs, Division of Housing, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said application.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��
ATTEST: iLry ee���� flavcO
�p Constance L. Harbert, Chair
Weld County Clerk to ;B0 It/ bjezepap-s,
'
H. Webster, Pro-Tem
BY: fL
Deputy Clerk to the I{\�1 P
eorgBaxter
APPROVED AS TO FORM:
Dale K. Hall
�{7/�///
County Attorney ,� ��� c,t)
Barbara J.J. Kirkmeyer
982269
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LCAdministration and Public Assistance(970) 352-1551
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, Child Support(970) 352-6933
Protective and Youth Services (970) 352-1923
Food Stamps (970) 356-3850
COLORADO Fax(970) 353-5215
MEMORANDUM
TO: Constance L. Harbert, Chair Date: November 18, 1998
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services/Housing Authoritytlia
RE: Application for Colorado Division of Housing Rehabilitation
Program Assistance
Enclosed for Board approval is an Application for Colorado Division of Housing Rehabilitation
Program Assistance.
1. The Weld County Housing Authority is requesting funding assistance for three programs
as follows:
A. Single Family Owner Occupied Program: Rehabilitation of 12 units at an
average cost of$14,583. State funds requested are $175,000.
B. Alternative Replacement Housing: Replacement of two units at $30,000 per
unit. State funds requested are $60,000.
C. Rental Rehabilitation: Rental Rehabilitation projects in Evans and Ault
encompassing 10 units at $7,000 per unit. State funds requested are $70,000
2. The application requests administration funds for the Weld County Housing Authority of
$18,000. The Greeley Urban Renewal Contract is $36,900. Under Inter-Governmental
Agreement GURA will provide the rehabilitation work for the Weld County Housing
Authority.
3. The total state funds requested is $359,900. With matching funds of$146,000, the total
project would be $505,900.
If you have any questions, please telephone me at extension 6510.
982269
COLORADO
WELD COUNTY
P.O. BOX 758
GREELEY, COLORADO 80632
TABLE OF CONTENTS
SECTION
APPLICANT FORMS I
APPLICANT STATEMENT OF ASSURANCES II
DIVISION OF HOUSING DISCLOSURE REPORT III
RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION PLAN IV
DAVIS-BACON EXEMPTION CHECKLIST V
ATTACHMENTS
PROJECT LOCATIONS A
PROJECT DESCRIPTION (CONTINUED) B
HOUSING REHABILITATION MANAGEMENT PLAN C
LETTERS OF COMMITTMENT D
NOTICE OF PUBLIC HEARING E
GURA AGREEMENT F
W-9 REQUEST FOR TAXPAYER IDENTIFICATION G
Application for Date Received
Colorado Division of Housing
Rehabilitation Program Assistance
1998
Project#
AMOUNT OF FUNDING REQUESTED S 359,900
APPLICATION INFORMATION
Applicant(Name and Address)
Weld County
P.O. Box 758
Greeley, Colorado 80632
Chief Elected Official or Executive Director Phone No. (970) 356-4000 ext. 4200 Federal ID No.
Constance L. Harbert 84-6000813
Fax No.(970) 353-0242
Title Chair Address
Same as Above
Designated Contact Person for Application Title Phone No. 1970) 352-1551 ext 6540
Interim Director
Dan Fowler Fax No. (970)353-5215
Address
P.O. Box A Greeley, Colorado 80632
APPLICANT MANAGEMENT CAPACITY/PROJECT PERSONNEL EXPERIENCE
Attach an additional page only if there are major changes in staff. Describe qualifications and experience of new staff memberls)
Weld County currently has an agreement with Greeley Urban Renewal Authority. The agreement has proven to be very workable and will be
continued through the administration of this project..
PROJECT BENEFICIARIES
Number of Persons That Activity Will Serve.Directly by Percentage of Median Income
Descriptive Title of Proposed.Project Activity..
Total 80%-61% 60%-51% 50%-31% 30% or less.
Housing Rehabilitation of Single Family Owner- 36 8 8 17 3
Occupied Housing
Replacement Housing 10 5 0 5
Rental Rehabilitation 27 27
Managment Capability
Weld County has administered the Housing Rehabilitation since 1983. During this period,
Jame. Sheehan has been the chief administrator of the program. With his resignation, Weld
County is now reviewing the options available for managment of all Weld County Housing
Authority programs, including housing rehabilitation. Weld County is committed to
continuing this program and will ensure that the program continues to be administered in a
manner that we can all be proud of.
Until a permanent director is selected, Dan Fowler will serve as interim director of the Weld
County Housing Authority. Mr. Fowwer will be under the direct supervision of Judy Griego,
Director of Weld County Department of Social Services.
Weld County will continue with the Agreement that was executed between Weld County and
Greeley Urban Renewal Authority in July, 1996. This Agreement provides for all work write-
ups to be conducted by Greeley Urban Renewal staff. The Agreement will be revised based
on the effective date of any Contract awarded by the Colorado Division of Housing.
9gaa g
SOURCES AND USES OF FUNDS
REHABILITATION - SINGLE FAMILY OWNER/RENTER OCCUPIED
Other Funding
Project Activities Total Project State Funds Amount Source Status
Cost Requested
A. Rehabilitation $255,000 $175,000 $40,000 ORD-H.G. Committed
40,000 R.F.
B. Replacement Rousing 9O00O 60,000 30000 R.F. Committed
C.Rental Rehabilitation 100,000 70000 30000 Owner Committed
Contributions
b. General Administration .
1. Salaries/Fringe $ 18,000 12,000 $6,000 ORD/WCHA Committed
2. Audit 500 500 0
3. Operations 5,500 5,500 0
4. Other
E. Direct Administration
1. GURA Contract 36,900 36,900
TOTAL(A-E) 505,900 359,900 146,000
To the best of my knowledge and belief,statements and data in this application, including the required Application
Statement of Assurances and Certifications,the attached tables and other documentation, are true and correct.The
submission of this application has been duly authorized by the governing body of the applicant/lead jurisdiction and
other participating jurisdictions.
7Z/a,/..7-5.-,71;.-7',./..--i(- )'— -44e--:del‘
Signature,Chief Elected Official/Officer Signature,Chief Elected Official/Officer Signature,Chief Elected Official/Officer
Constance L.Harbert
Name(Typed or Printed) Name(Typed or Printed) Name(Typed or Printed)
Chair
Title Title Title
11/23/98
Date Date Date
Signature,Chief Elected Official/officer Signature,Chief Elected OfficiaUOfficer Signature,Chief Elected Official/Officer
Name(Typed or Printed) Name(Typed or Printed) Name(Typed or Printed)
Colorado Division of Housing Loan/Grant Programs
APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
The applicant hereby assures and certifies that:
(a) It:
(1) possesses legal authority to apply for the loan/grant and to execute the proposed project, and its governing
body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of
the application, including all understandings and assurances required, and directing and authorizing the
applicant's chief executive officer and/or other designated official representatives to act in connection with the
application and to provide such additional information as may be required; and
(2) will give the State, the U.S. Department of Housing and Urban Development (HUD), and any state authorized
representatives access to and the rights to examine all records, books, papers or documents related to the
application and grant.
(3) it is following a detailed citizen participation plan which:
(i) provides for and encourages citizen participation with particular emphasis on participation by persons
of low and moderate income who are residents of areas which Community Development Block Grant
(CDBG), Home Investment Partnership (HOME), Housing Development Grant (HDG) and Revolving
Loan Fund (R.F.) funds are proposed to be used;
(ii) provides citizens with reasonable and timely access to local meetings, information, and records
relating to its proposed and actual use of CDBG, HOME, HDG and R.F. funds;
(iii) provides for technical assistance to groups representative of persons of low and moderate income that
request such assistance in developing proposals with the level and type of assistance to be determined
by the applicant;
(iv) provides for public hearings to obtain citizen views and to respond to proposals and questions at all
stages of the community development program, including at least the development of needs, the
review of proposed activities, and review of program performance, which hearings shall be held after
adequate notice at times and locations convenient to potential or actual beneficiaries, and with
accommodation for the handicapped;
(v) provides for a timely answer to written complaints and grievances, within 15 working days where
practicable; and
(vi) identifies how the needs of non-English speaking residents will be met in the case of public hearings
where a significant number of non-English speaking residents can be reasonably expected to
participate.
(4) has provided for and encouraged citizen participation, with particular emphasis on participation by persons of
low and moderate income who are residents of areas in which CDBG, HOME, HDG and R.F. funds are
proposed to be used; by:
(i) furnishing citizens information concerning the amount of funds available for proposed and housing
activities and the range of activities that may be undertaken, including the estimated amount proposed
to be used for activities that will benefit persons of low and moderate income. Its plans for minimizing
displacement of persons as a result of activities assisted with CDBG, HOME, HDG and R.F. funds and
its plan for assisting persons actually displaced as a result of such activities;
(ii) publishing a proposed project plan/application in such a manner to afford citizens an opportunity to
examine its content and to submit comments on the proposed project plan/application and on the
community development performance of the jurisdiction(s);
9gTaAl.e9
(iii) holding one or more public hearings, as indicated below, to obtain citizens view and to respond to
proposals and questions related to community development and housing needs, proposed activities
and past CDBG, HOME, HDG, and R.F. performances. All hearings were held no sooner than five
days after notice, at times and locations convenient to potential or actual beneficiaries, and with
accommodation for the handicapped and for the needs of non-English speaking residents where a
significant number of such residents could have been reasonably expected to applicant(s);
Applicant/Participant* Date Time Location
1. Weld County 11-12-1998 7:00 Platteville Town Hall
* In the case of a "multi-jurisdictional" application, each participating municipality and county must hold at least on public hearing.
�? y
Signature, Chief Elected Official/Officer* Signature, Chief Elected Official/Officer Signature, Chief Elected Official/Officer
Constance L. Harbert
Name (Typed or Printed) Name (Typed or Printed) Name (Typed or Printed)
Chair
Title Title Title
11/23/98
Date Date Date
Signature, Chief Elected Official/Officer* Signature, Chief Elected Official/Officer Signature, Chief Elected Official/Officer
Name(Typed or Printed) Name (Typed or Printed) Name!Typed or Printed)
Title Title Title
Date Date Date
Additional signatures are required only in the case of"multi jurisdictional" applicants. If this is a multi-jurisdictional
application', the Chief Elected Official of each municipality and county participating in the application must.sign.
9gaae09
DIVISION OF HOUSING DISCLOSURE REPORT
PART 1: APPLICANT/GRANTEE INFORMATION
1. Application/grantee name, address and phone number:
Weld County
P.O. Box 758
Greeley, CO 80632
Federal employer identification number: 84-6000813
2. Indicate whether this report is: Initial _- Update X
3. Project Assisted/To be Assisted.
a. Fiscal Year: 1999
b. Entitlement Grant(s)
Competitive Grant X
c. Amount requested/received: S'ttiq,4nn
d. Program income to be used with (c) above:
e. Total of (c) and (d):
PART II: THRESHOLD DETERMINATIONS
1. Is the amount listed at 3(e) above more than $200,000? Yes X No
2. Have you received or applied for other HUD assistance
(through programs listed in Instructions) which, when
added to 3(e) above amounts to more than $200,000? Yes No
If the answer to either 1 or 2 of this Part is "Yes,"
then you must complete the remainder of this report.
If the answer to both 1 and 2 of this Part is "No,"
then you are only required to sign the following
certification and need not complete the remainder of
this report.
I hereby certif that this information is true.
C �1z,�a� ee✓ .�f 1` �.�` 11 /23/98
(Chief Elected Official/ itle) (Date)
Constance L. Harbert, Chair
PART III: OTHER GOVERNMENT ASSISTANCE PROVIDED/APPLIED FOR
1. Provide the requested information for any other Federal, State and/or local governmental assistance, on
hand or applied for, that will be used in conjunction with the funds you are requesting from the Division of
Housing. (See instructions)
Name and Address of Agency Providing or to Program Type of Amount Requested or
Provide Assistance Assistance Provided
CDBG/HOME Grant $359,900
Colorado Division of Housing
Office of Rural Development
PART IV: INTERESTED PARTIES
Alphabetical List of All Persons with a Social Security or Type of Financial Interest in
Reportable Financial Interest in the Project Employer ID # Participation in Project ($ or %)
Project
None
PART V: EXPECTED SOURCES AND USES OF FUNDS
This Part requires that you identify the sources and uses of all assistance, including the funds you are applying
for/or have received from the Division of Housing, that have been or may be used in the Project.
SOURCE USE
Housing Rehabilitation SF00
HOME or CDBG
Replacement Housing
Office of Rural Development
Rental Rehabilitation
PART VI: CERTIFICATION
I hereby certify that the information provided in this disclosure is true and correct and I am aware
that any false information provided or lack of information knowingly made or omitted may subject me
to civil or criminal penalties under Section 1001 of Title 18 of the United States Code. In addition,
I am aware that if I knowingly and materially violate any required disclosure of information„ including
intentional nondisclosure, I am subject to a civil money penalty not the exceed $10,000 for each
violations.
�LZ,'r7oxrr•..e . rdii5(4r 11/23/98
Constance L. Harbert
(Chief Elected Official or Executive Director/Title) (Date)
RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN
for the Home Investment Partnership (HOME) Program and/or
the Community Development Block Grant (CDBG) Program
Weld County will replace all occupied and vacant occupiable low/moderate income
dwelling units demolished or converted to a use other than as low/moderate income housing as a
direct result of activities assisted with HOME funds, as required by Section 105(b) of the Cranston-
Gonzales National Affordable Housing Act (42.U.S.C. 12705(b)) and or with CDBG funds, as
required by Section 104(d) of the Housing and Community Development Act of 1974, as amended
(the Act), and implementing regulations at 24 CFR 570.496a.
All replacement housing will be provided within three years of the commencement of the demolition
or rehabilitation relating to conversion. Before obligating or expending funds that will directly result
in such demolition or conversion, Weld County will make public and submit to the State the
following information in writing:
1. Description of the proposed assisted activity;
2. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be demolished or converted to a use other than as
low/moderate dwelling units as a direct result of the assisted activity;
3. A time schedule for the commencement and completion of the demolition or
conversion;
4. The general location on a map and approximate number of dwelling units by size
(number of bedrooms) that will be provided as replacement dwelling units;
5. The source of funding and a time schedule for the provision of replacement dwelling
units; and,
6. The basis for concluding that each replacement dwelling unit will remain in a
low/moderate income dwelling unit for at least 10 years from the date of initial
occupancy.
7. Information demonstrating that any proposed replacement of housing units with
smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units), or any
proposed replacement of efficiency or single-room occupancy (SRO) units with units
of a different size, is appropriate and consistent with the housing needs and
priorities identified in the approved Comprehensive Housing Affordability Strategy
(CHAS).
To the extent that the specific location of the replacement housing and other date in items 4
through 7 are not available at the time of the general submission, Weld County will identify the
general location of such housing on a map and complete the disclosure and submission
98,��9
requirements as soon as the specific data are available.
Weld County Housing Authority at telephone number 352-1551 extension 6540 is responsible for
tracking the replacement of low/moderate income housing and ensuring that it is provided within
the required period.
The Weld County Housing Authority at telephone number 352-1551 extension 6540 is responsible
for providing relocation payment and other relocating assistance to any low/moderate income
person displaced by the demolition of any housing or the conversion of low/moderate income
housing to another use.
The Weld County Housing Authority will provide relocation assistance, as described in
570.496a(b)(2), to each low/moderate income household displaced by the demolition of housing
or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted
activities.
Consistent with the goals and objectives of activities assisted under the Act, the Weld County
Housing Authority will take the steps indicated below to minimize the displacement of persons
from their homes:*
" The following are examples of steps to minimize displacement. The first two are required. The others are
optional. Only check those which are appropriate for the project and local circumstances. Add other steps as
necessary or appropriate.
X Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2).
The substantial cost of providing such assistance serves as a strong deterrent to
unnecessary displacement.
X Replace all occupied and vacant occupiable low/moderate income housing demolished or
converted as a direct result of HOME-assisted project activities, and make such replacement
housing affordable for at least ten years. The substantial cost of providing such
replacement housing serves as a strong deterrent to unnecessary displacement.
Consider all practical alternatives to any proposed project which may result in residential
displacement. Alternatives to be considered include other sites for the proposed
facilities/project. Also to be considered are the costs and benefits, both financial and
nonfinancial, of each alternative.
X Provide counseling and referral services to assist displacees find alternative housing in the
community.
Work with area landlords and real estate brokers to locate vacancies for households facing
displacement.
X Stage rehabilitation of assisted housing to allow tenants to remain during and after
rehabilitation, working with empty buildings or groups of empty units first so they can be
rehabilitated first and tenants moved in before rehab on occupied units or buildings is
begun.
6 x, 7629
Establish temporary relocation facilities in order to house families whose displacement will
be of short duration, so they can move back to their neighborhoods after rehabilitation or
new construction.
Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their
placing undue financial burden on long-established owners or on tenants of multi-family
buildings.
Develop displacement watch systems in cooperation with neighborhood organizations to
continuously review neighborhood development trends, identify displacement problems, and
identify individuals facing displacement who need assistance.
Coordinate code enforcement with rehabilitation and housing assistance programs.
Adopt policies to identify and mitigate displacement resulting from intensive public
investment in neighborhoods.
Adopt policies which provide reasonable protections for tenants faced with conversion to
a condominium or cooperative.
Adopt tax assessment policies, such as deferred tax payment plans, to reduce impact of
increasing property tax assessments on low/.moderate income owner-occupant or tenants
in revitalizing areas.
a" 7a r!/ 11/23/98
Signature of Chief Elected Official Date
Constance L. Harbert, Chair
DAVIS-BACON EXCEPTION CHECKLIST
Project#
The Grantee Weld County affirms that (part/all) of its HOME/CDBG project is excepted from Davis-Bacon
Prevailing Wage Rate Provision because:
(a) The prime construction contract funded in whole or in part with HOME/CDBG funds is less than $2,000.
(b) The entire project consists solely of demolition.
X (c) The entire project consists of rehabilitating property that was designed for fewer than eight units (if CDBG
funds are used) or twelve units (if HOME funds are used). **(See Discussion Below)
(d) Part/all of the project consists solely of delivery of goods or services. (No construction contract.)
(e) Part/all of the project will be done through a force account.
(0 There are no federal monies in the construction contract.
(g) All or a portion of the HOME/CDBG funds shall be used for the purchase of equipment:
I) installation of equipment is incidental (less than 13%) of the total cost (equipment PLUS
installation- this requires a separate quote for equipment and the installation;
2) NO installation costs are included in the purchase of equipment.
(h) Proceeds of the HOME/CDBG loan shall be used for working capital ONLY.
(i) The HOME/CDBG funds are used for acquisition ONLY and there is no construction.
**Grantee should confirm with their state monitor regarding this option. Clarification is necessary because some housing type
projects will qualify as PUBLIC facilities and not as HOUSING REHAB.
Provide documentation to your state monitor supporting your conclusions.
Signature o esponsible Administr or Date
•
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Project Description Narrative
Weld County's 1998 Housing proposal consists of three components:
1. Rehabilitation of Owner Occupied Housing;
2. Alternative Replacement Housing
3. Rental Rehabilitation
1. Housing Rehabilitation of Owner Occupied Housing
The Housing Rehabilitation component provides for moderate rehabilitation of 12 (12) owner occupied
dwellings in Census Tracts 10, 17, 18, 19.01, 19.02, 20 and 21, 22.01, 22.02 and 25.02. In addition,
the target area also includes the towns of Dacono, Eaton, Evans, Firestone, Fredrick, Fort Lupton,
Garden City, Gilcrest, Hudson, Johnstown, Keenseburg, La Salle, Mead, Milliken and Platteville and
Windsor.
Only applicants meeting the low/moderate income guidelines will be eligible. CDBG/HOME funds will
be leveraged with Housing Authority Loan Funds, Office of Rural Development Housing Preservation
dollars and Office of Rural Development 504 funds to maximize usage. Rehabilitation activities will
address code violations and health and safety hazards prevalent in targeted units. All units rehabbed
will meet the Minimum Property Standards of the Weld County Housing Authority.
Through the single family owner occupied program, low interest loans ranging from zero per cent
interest to five percent will be provided to eligible homeowners.
Weld County is requesting $175,000 for the single family owner occupied component of the program
housing rehabilitation component of the program. This figure is based on an average project cost of
$14,583 in State funds.
2. Alternative Replacement Housing
During the past project year, two projects were identified where it was not feasible to rehabilitation
the units due to the fact that the cost of rehabilitation would have exceed our standard of allocating
no more than fifty per cent of the value of the project. In both cases, the respective units to be
replaced are manufactured housing units and will be replaced with new or used manufactured housing
units. that would have a usage of at least 20 years.
Units that are to be replaced will be cleared from the site and salvaged or disposed of based on Weld
County code.
Weld County is requesting $60,000 for the replacement element of our program. This is based on an
average of $30,000 per unit in State funds.
Rental Rehabilitation/New Construction
Two projects encompassing ten units are requested for Rental Rehabilitation/New Construction
loan assistance. The projects are located in Evans and Ault.
As a condition of participation in Weld County Housing Authority's Rental Rehabilitation Loan
Program, owners must agree to rent to tenants with incomes below sixty percent of median income.
and the acceptt the HOME rents based on bedroom size.
Weld County is requesting $70,000 for the Rental Rehabilitation/New Construction component of the
program. This figure is based on an average project cost of$7,000 in State funds.. Funds requested
for the new construction element represent approximately 25% of the total cost of that project. The
remainder of the funding will come from a combination of owner resources and a a bank loan.This
project will utilize a mixed concept of commercial units and residential units.
9gaa60 g
POLICIES AND PROCEDURES
WELD COUNTY HOUSING REHABILITATION LOAN PROGRAM
REVISION DATED 3/97
I. PURPOSE OF THE PROGRAM
These guidelines establish the policies, priorities and procedures governing the operation
the single family owner-occupied housing rehabilitation program of Weld County.
Weld County agrees to develop, implement and administer a housing rehabilitation
program of approximately fifteen (15) existing single-family dwellings, for the
benefit of low- and moderate-income families residing in CENSUS TRACTS CT 10,
17, 18, 19.01 19.02, 20 21, 22.01, 22.02 and 25.02 including the communities of
Dacono, Eaton, Evans, Firestone, Fort Lupton, Gilcrest, Hudson, Johnstown,
LaSalle, Milliken, Platteville and Windsor.
It is the intent of Weld County's Housing Rehabilitation Program to provide decent, safe,
and sanitary housing for low- and moderate-income persons in the targeted areas by
rehabilitating their homes to a condition which brings these structures into compliance
with all applicable codes and regulations of Weld County or applicable municipality and
the Minimum Property Rehabilitation Standards of the WCHA.
II. DESIGNATED AUTHORITY
A. The Weld County Housing Authority (WCHA) through Weld County has the
designated responsibility for the implementation of the CDBG/HOME Contracts.
B. The WCHA staff responsible for the administration of the Housing Rehabilitation
Loan Program are:
1. the DIRECTOR of WCHA;
2. the Office Technician II.
C. The Housing Rehabilitation functions shall be contracted to the Greeley Housing
Renewal Authority. The contract with Greeley Urban Renewal Authority is a part of this
document.
D. Fiscal administration will be conducted by the WCHA and Weld County's Finance
Department and Accounting Department. All program funds will be deposited with the
Weld County Treasurer in a separate account of the WCHA. Most program payments
will be issued as co-payee warrants, and final individual project payments will be made
once the Certificate of Completion forms have been executed, attesting to satisfactory
project completion. Each request for payment (input document) shall be accompanied by
a signed and dated contractor/service provider invoice. General contractor payments
shall be issued in the following manner:
1. When approximately 80% of the contract work has been satisfactorily
completed and inspected, and all sub-contractors, and suppliers notarized lien
waivers have been submitted to the WCHA, a payment for 50% of the original
contract amount will be issued;
2. When 100% of the contract work has been satisfactorily completed and
inspected, and all subcontractors and suppliers paid-in-full notarized lien waivers
have been submitted to the WCHA, a payment for 30% of the original contract
amount will be issued;
3. Final payment of 20% of the original amount will be issued no later than 30
days following project completion, defined as satisfactory completion of all
contracted work, as determined by inspection and submittal of all applicable final
permits, and the execution of the Certification of Completion by the contractor,
homeowner, and WCHA;
4. Any cost increases resulting from change-order additions to the contract will be
paid upon contract deadline and satisfactory job completion, as defined in
condition #3 and as a fourth payment; conversely, any change-order decreases
shall be deducted from the contractor's third/final payment, as shall any late
penalties.
D. All amendments to the description of work/work write-up shall be authorized by the
WCHA in the form of change-orders, and must he approved by the homeowner,
contractor, and the WCHA in writing. No change-order work may be performed until
such change-order documents has been signed by all parties. No payment requests will
be approved for processing for work which has not been inspected as satisfactorily
completed.
HI. ELIGIBILITY REQUIREMENTS FOR HOUSING REHABILITATION
ASSISTANCE
The staff of the Housing Authority shall have the responsibility for the eligibility
determination of applicants for the Housing Rehabilitation programs. The Chairman of
the Board shall sign-off on the eligibility determination made by staff, based on staff
recommendation. The Weld County Housing Authority Board shall be used as the appeal
process, for an applicant, and on any denial decision made by the staff.
Program Eligibility Criteria
A. To be considered eligible for the Housing Rehabilitation Loan program, an applicant
must own and occupy a residential single-family dwelling in the designated target area.
To be considered owner of record, the applicant must meet one of the following criteria:
1. The applicant must be listed as owner of the property (and in cases of mobile
homes, the applicant must be listed as owner of mobile home and the land on
which it is located) on the Weld County's Tax Roll. or possess a valid contract for
sale or Deed of Trust, each of which has been recorded with the Weld County
Clerk and Recorder, which includes "reasonable rights of redemption "and" quiet
and peaceable possession of the property", or
2. The applicant must possess a Life Estate, or Fee Title evidenced by a Warranty
Deed, or Quit Claim Deed which has been filed for record with the Weld County
Clerk and Recorder.
B. The identified property must not be located within the right-of-way of any street,
highway, or other public right-of-way contemplated in the foreseeable future.
C. Properties located in the 100-year floodplain, as designated by FEMA maps and data
provided by the Colorado Water Conservation Board, and as interpreted and determined
by WCHA staff, are not eligible for the Housing Rehabilitation Loan Program.
D. The identified property must be considered structurally sound for bringing other
deficiencies into compliance with all applicable codes and standards, at a cost which is
reasonable and appropriate, giving consideration to the condition and the value of the
dwelling, and the availability of funds. If the cost: for rehabilitation is likely to exceed
50% of the dwellings assessed value, the WCHA shall determine whether or not to
proceed with the rehabilitation of the structure on the cost of the project. Every effort
will be made to assist any displace or potentially displaced family with alternative
housing, either directly or by referral.
E. The applicant must have either:
1. a 5% or $1,000 cash equity towards the purchase price of the home (whichever
is greater) ;or
2. lived in the home for a minimum of one year prior to the date of application to
the Housing Rehabilitation Loan Program.
3. In order for Farmers Home Housing Preservation Grant funds to be expended
on a unit, the homeowner must have owned and occupied the unit for at least 12
months.
E. To qualify for rehabilitation assistance, an applicant's annual income may not exceed
the amount shown below all applicants must meet the following HUD income guidelines.
These limits are for adjusted gross annual income. A deduction against the adjusted gross
annual income will be applied in cases of continuing medical expenses not covered by
insurance, which exceed 3% of the household's gross annual income.
LOW INCOME MODERATE INCOME
(50% of Area Median) (80% of Area Median)
one person $14,450 $23,150
98x,74
Prior Assistance:
Prior Award was $2,000 or less -10 pts
Prior Award over $2,000 -20 pts
Award was grant only -10 pts
All clients receiving more than 50 points will be given a priority ranking. Those
receiving less than 50 points will be put on a waiting list for future consideration.
H. Credit Considerations
All credit decisions shall be based on the applicant's ability to repay the loan. Action on a
loan shall not be based on the race, creed, color, religion, national order, familial status,
sex, handicap or the age of the applicant.
1. Any applicant in arrears on their mortgage of sixty (60) days or more shall be
denied assistance through the Housing Rehabilitation program.
2. Any applicant who has delinquent property taxes shall be determined ineligible
for Housing Rehabilitation Assistance.
3. Any time there is a pattern to a payment history of an applicant that exhibits
bankruptcy, unpaid charge-offs, or collection accounts, the staff may consider this
pattern when determining the applicant's credit worthiness for the Housing
Rehabilitation program. An applicant may be denied when there is evidence,
based on the credit history, that an applicant is unlikely to re-pay a loan. Any
circumstances which may be considered as mitigating the poor credit history
include:
a. Medically related expenses;
b. A significant change in income which contributed to the credit
difficulty
I. Definitions
1. Adverse Information - Information which a creditor's policy will cause a credit
applicant to be denied or restricted. Examples: past due accounts, unpaid
judgments, bankruptcy filings.
2. Bankruptcy - Federal law providing relief from burdensome debts. The law
contains several chapters which relate to different methods of relief
Chapter 7 - Straight Bankruptcy
Chapter 11 - Business Reorganizations
Chapter 12 - Farm Debt Bankruptcy
Chapter 13 - Adjustment of Debts of an Individual with Regular
98409
Income (also call a wage earner plan)
3. Charge off- Accounting term to indicate the creditor does not expect to collect
a balance owing.
4. Collection account - Refers to status of account owing a creditor when it has
been transferred from a routine debt to a Collection Department -- either of the
creditor's firm, or to a separate professional debt collection firm.
5. Judgment - Formal decision of a court: in a legal controversy. Credit bureaus
obtain data about judgments from court records periodically known as public
record. These usually are civil judgments where money is the source of the
controversy between the parties
6. Judgment satisfied -When a judgment is paid in full, the creditor may file a
satisfaction of judgment form. However, this often is not done and the only way
to determine if a judgment has been paid or not is to contact the parties to the suit
themselves. This also applies to settlements where the creditor accepts less than
the full amount due.
7. Repossession - Forced, or voluntary, surrender of merchandise as a result of
the customer's failure to pay as promised. There are several types and
descriptions of repossession actions, each quite different:
RLD - Paid by dealer.
RLP - Proceeds applied to debt.
RRE -Repossession redeemed
RVD - Returned voluntarily; paid by dealer
RVN - Returned voluntarily.
RVP - Returned voluntarily; proceeds applied to debt.
RVR - Returned voluntarily; redeemed.
8. Straight Bankruptcy - A bankruptcy filed in accordance with Chapter Seven of
the Bankruptcy Act. An individual asks (petitions) for relief from all debts (after
exemptions) and the remaining assets, if any, are then converted to cash which is
divided among the participation creditors.
IV. HOUSING REHABILITATION ASSISTANCE AMOUNTS
Once all eligibility requirements have been met by an applicant and verified by WCHA staff, s/he
will be notified of approval for rehabilitation assistance, based on the availability of funds. All
rehabilitation deferred payment loans and non-deferred loans are subject to the provisions of this
Management Plan.
A. All deferred payment loans and non-deferred loans shall be secured by Promissory
Notes and Deeds of Trust, and, if applicable, Security Agreements, which shall be in first
or second position in the chain of title. The WCHA Board reserves the right to waive any
part of this lien policy. Loans must be re-paid in accordance with the terms of the
Promissory Note and the Truth in Lending Agreement.
B. Homeowners insurance coverage in an amount sufficient to cover the remaining
balance of the loan(s) must be maintained for the term of the Note and Deed. In
addition, the rehabbed unit must continue to be occupied by the eligible homeowner
during the term of the Note and Deed.
C. The total costs of the rehabbed project shall be considered as the total loan. The
following types of loans may be provided to qualified applicants:
1. Deferred payment loans where no payment is due until a specific date, or
when the property is sold or changes ownership;
2. Fully amortized loans at varying interest rates and terms;
0% to 30% Median Income 0% Interest Rate
31% to 40% Median Income 1% Interest Rate
41% to 50% Median Income 2% Interest Rate
51% to 60 % Median Income 3% Interest Rate
61% to 70% Median Income 4% Interest Rate
71% to 80% Median Income 5%Interest Rate
3. Blended loans, where two loans are made- one by commercial lender and
/or another state or federal agency and one by WCHA.
Loans may deferred for elderly, disabled and handicapped applicants.
D. The Housing Rehabilitation program shall utilize the definition as provided under the
Section 8 program.
1. Elderly shall be considered as age 62 or over
2. A Disabled household who has been determined eligible for Social Security
Disability, SSI or Aid to the Needy Disabled
3. Handicapped within the meaning of Section 202 of the Housing Act of 1959; a
handicapped person is one who has a physical or mental impairment which:
a) is expected to be of long continued and indefinite duration,
b) substantially impedes his/her ability to live independently; and
c) is of such a nature that such disability could be improved by suitable
housing conditions.
E. If a debtor vacates or transfers ownership of his/her Promissory Note and Deed of
Trust prior to the maturity, the balance of the loan and the deferred payment loan shall
become immediately due and payable to WCHA. If a joint owner dies or in some way
ggaaeaq
becomes incapacitated, the surviving spouse or lineal heir/s may assume the
responsibilities of the lien.
If a debtor vacates or transfers ownership of his/her rehabilitated property under
extenuating circumstances, the WCHA Board reserves the right to exercise the following
options:
1. waive or defer the conditions of the Promissory Note and Deed of Trust;
2. negotiate a percentage of the balance due; and/or
3. provide for assumption of the loan to the new property owner.
The WCHA shall cancel the Promissory Note and have the Public Trustee release the
Deed of Trust for each client when the conditions of each have been fully satisfied by the
debtor, surviving spouse of lineal heir/s.
F. No applicant may receive a grant/loan of more than $15,000.00 unless:
1. $15,000.00 is insufficient to bring the property up to local building codes and
WCHA's minimum property rehabilitation standards;
2. Every effort has been made by the applicant to secure funding from other
sources;
•
3. In the event that alternative funding becomes available to the applicant for
rehabilitation, s/he may be required to reimburse the WCHA for any amount
expended prior to alternative funding availability.
G. The purpose of the Housing Rehabilitation program is to provide decent, safe, and
sanitary housing for low and moderate income persons through the rehabilitation of
owner-occupied dwellings, to a condition which brings the unit into compliance with
applicable County Building standards of the Housing Authority.
H. Federal regulations require that when funds are designated for the rehabilitation of
properties fifty years of age and older, prior review from the State Historical Society must
be provided so that a determination can be made whether the property is eligible for
inclusion in the National Register. Historically, properties which are designated for
inclusion require significant aesthetic rehabilitation which can cause the cost of the
project to exceed the budgeted amount.
Any project approved by the Colorado Historical Society for inclusion in the National
Register shall require the review and approval of the Housing Authority Board prior to
the approval of a loan. The Board shall have the discretion to reject the project if it
determines that the rehabilitation of the project is not consistent with the specified •
purpose of the program.
V. APPLICATION PROCESSING
A. The WCHA shall maintain accurate case files, reports for each applicant. The case
files shall consist of personal data concerning each applicant and the members of the
applicants household, and shall be held in strict confidence. Information regarding
payment records, work write-ups, contract awards, and bidding qualifications and
procedures shall be made available for public inspection at the offices of the WCHA,
located at 315 North 11th Avenue(the Walton Building) in GREELEY, COLORADO,
during regular business hours by appointment. All files shall be retained by the WCHA
under the authority of the Retention and Custodial Requirements for Records section of
the CDBG Grantee Handbook.
B. Applications for housing rehabilitation assistance will be made available to all
residents of the target area. The length of the application period will be determined by the
WCHA staff, based on the size of application pool after the time of initial outreach: The
application period may be extended or re-opened in the event that an insufficient number
of applicants has been approved for assistance for the program year. Dates of application
acceptance and deadlines shall be made public through local media resources.
C. A file will be established for each approved applicant, which shall contain the
following
1. application, signed and dated by the applicant;
2. authorization for release of information;
3. verification forms for income, employment, benefits, property ownership,
mortgage, assets, and home owners insurance, credit history report;
4. lead based paint notice;
5. civil rights notice;
6. lien requirement notice;
7. temporary relocation notice;
8. HUD environment standards checklist;
9. environmental review draw-down checklist;
10. work write-up, notes, drawings;
11. applicant ranking form;
12. loan work sheet;
13. WCHA Board approval form;
14. contract between owner and contractor, with additional conditions, addendum
to the contract and federal labor standards;
15. notice of recision;
16. proceed order;
17. affidavit of subcontractors;
18. change orders, if necessary;
19. lien waivers;
20. LOCCS Set-up
21. LOCCS Draw-down Requests
22. LOCCS Project Completion Reports
99caaea 9
23. payment record and payment documentation;
24. correspondence, including copy of client's letter of determination;
25. inspection permits and certificate of completion; and
24. project completion checklist.
D. Upon receipt of all requested verification, the WCHA shall determine each applicant's
eligibility, and rank that applicant's need based on the date of application receipt, the
applicant's personal data, and the initial inspection by the WCHA. All applicants who are
denied assistance shall be given the WCHA's reasons for determination. Should a denied
applicant be in a situation considered rectifiable, which would reactivate the application,
s/he would be given the opportunity to do so, and a redetermination shall be made.
E. The WCHA and the locality's building inspector shall conduct a preliminary
inspection of the dwelling of each approved applicant, and a preliminary work write-up
shall be prepared, based on the results of this inspection.
VI. CONTRACTING REHABILITATION WORK
This section sets forth requirements and procedures with respect to construction contracts for
rehabilitation financed through a deferred payment loan and/or non-deferred loan and shall be
undertaken only through a written contract between the contractor and the recipient of the loan.
The Housing Authority shall assist the recipient in arranging for and obtaining an acceptable
rehabilitation contract.
A. Form of Contract: The housing rehabilitation contract shall consist of:
1. The Contract Document;
2. The Addendum to the Contract;
3. The bid proposal from the contractor; and
4. The final work write-up as approved by the homeowner.
B. Contractors interested in bidding on the project are encouraged to contact the
homeowner for an inspection of the property.. General contractors must either
come in to the office to pick up a bid packet or requests a bid packet through the
mail. The bid packet will contain the following:
1. the invitation to bid, giving the date, time and location of the bid opening;
2. the instructions to bidders, giving the requirements of acceptable bid format;
3. the bid and proposal form, on which the general contractor shall declare the
lump sum bid price and all subcontractors, names, and addresses;
4. and a copy of the final work write-up, giving all line item bid prices requested.
Contractor's bids will be evaluated on the basis of
a. the contractor's ability to complete the project in a timely manner;
b. the most responsive and responsible bid;
c. the Housing Authority's project cost determinations.
The homeowner shall have the right to select the most responsive and responsible bid.
Any or all bids may be rejected by the homeowner for any reason. The WCHA and it's
Board reserve the right to enforce compliance with all the provisions of the General
Contractor's Certificate of Participation.
C. The WCHA Board shall give the staff of the WCHA the right to use it's discretion in
disallowing the bids of any general contractor who is simultaneously in-progress with two
or more projects under the CDBG Program. The purpose of this policy is to ensure that a
general contractor's obligations are met with regard to contractual deadlines and quality of
workmanship; further, this policy ensures that the WCHA acting as program administrator
under Weld County, meets it's contractual obligations and deadline with the State of
Colorado. This policy may be waived or enforced, at the WCHA's discretion, based on, in
part, such factor's as the size and estimated duration of a project under bid, and the
capacity of a general contractor to complete a project on schedule. Proceed Orders and/or
contract deadlines may be amended to allow for simultaneous projects using the same
general contractor.
D. Each participating general contractor must have signed a General Contractor's
Certificate to Participate prior to signing a housing rehabilitation contract with a
homeowner.
E. Contractor Qualifications:
1. Contractors must submit evidence of current worker's compensation insurance
coverage, naming the WCHA as certificate holder for the duration of the project
(and contractors having no employees are exempt from this requirement);
2. Contractor's must submit evidence of general liability coverage, effective for
the term of the project, which covers:
a. $100,000 bodily injury and property damage (each occurrence)
b. $300,000 bodily injury and property damage(aggregate),and
c. $100,000 personal injury;
3. Contractors must furnish three written references for previous similar work; and
•
4. Contractors must provide a letter of credit for $10,000 with a local lending
institution. An alternative, may be to provide proof of lines of credit with various
suppliers and subcontractors, sufficient to carry rehabilitation activities through
the term of the contract. No contract may be awarded to any contractor who has
not been cleared through the State Department of Local Affairs.
5. Contractors failing to meet any of these requirements shall be considered
9faao9
unqualified, and their bids shall be rejected.
F. Once a qualified contractor has been selected for a job, a meeting shall be conducted at
the homeowners home, with the homeowner, contractor and WCHA staff in attendance.
All contract documents shall be reviewed, and their execution by the homeowner shall be
witnessed by the WCHA. Any changes to the final work write-up shall be in the form of
change orders, which are agreed to and signed by all parties. A proceed order shall be
signed, indicating the start-up of the rehab work. The contract stipulates penalties assessed
the general contractor for delays which are not approved in writing by the WCHA and the
homeowner. The homeowner shall be issued a notice of recision, effective for three
business days from the date of execution of the documents. The homeowner shall be
required to sign a Deed of Trust and Promissory Note as lien documents, prior to signing
the contract with the general contractor. The Deed of Trust and Promissory Note will be
retained by the Housing Authority until the completion of the project. Should the contract
amount change, a revised Deed and Note will be executed by the homeowner(s). Upon
completion of the project the Note and Deed shall be filed with the Weld County Clerk
and Recorder. Frequent inspections of on-going work shall be conducted by the Housing
Authority to ensure code and contract compliance. All work is covered by a one-year
warranty.
VII. ALTERNATE SELF-HELP CONTRACT
As an alternative to contracting rehabilitation work, a recipient may be allowed to serve
as contractor for his own project under the following conditions:
A. If it can be determined that by serving as contractor the project can be completed at
less cost than by awarding the contract to a private contractor;
B. It can be clearly demonstrated that the recipient has the technical skills to complete the
project in a timely manner; and
C. The recipient can demonstrate that they have a line of credit to purchase the material.
VIII. REHABILITATION ASSISTANCE CONDITIONS
A. In cases for which it has been determined by the WCHA that the applicant's continued
residence during the period of rehab activities would be detrimental to the completion of
the work, or would pose a threat to the health and safety of the household members, the
occupants will be encouraged to relocate for the duration of the rehabilitation activities. In
the event that relocation is necessary, the WCHA will follow the procedures set forth in
the Uniform Relocation Act of 1970, Title II, and it's policies regarding conditions and
monetary assistance under the WCHA's Temporary Relocation Assistance policies. In the
event that the applicant refuses to relocate, as determined necessary by the WCHA, the
WCHA reserves the right to deny any assistance to the applicant.
B. Each recipient of Housing Rehabilitation Program assistance will be required to
execute a Deed of Trust and Promissory Note for the amount of the rehabilitation deferred
payment loan and non-deferred loan. These instruments will be filed for record with the
Weld County Clerk and Recorder. Property liens will be enforced, pursuant to conditions
set forth in the Deed of Trust, Promissory Note, Truth-in-Lending Agreement, any
applicable Security Agreement, and the conditions outlined in this management plan.
IX. OUTREACH PROCEDURES
A. Information concerning the Housing Rehabilitation Loan Program goals, objectives
and guidelines and grant conditions have been and will be distributed through civic,
religious and social services organizations throughout the target area. Various media
resources will be utilized, as will door-to-door outreach, to further publicize the program.
B. As a condition of the application submitted to the Colorado Department of Local
Affairs (DOLA), the WCHA has conducted at least one public hearing in the target area,
in order to familiarize its residents with the Program's intent and the eligibility
guidelines.
X. EMERGENCY REHABILITATION ASSISTANCE (ERA) PROGRAM
In the event that the applicant's dwelling is determined by the WCHA and the locality's
building inspector and/or the local health department to be an immediate threat to the
health and safety of its occupants, and the applicant lives in Weld County, (but outside the
CDBG Program target area exclusive of the City of Greeley), s/he may be eligible for
ERA Program funds. Though a separate program from the Housing Rehabilitation
Program, the ERA Program shares some of the same eligibility requirements and policies,
as follows:
A. Applicants must meet the income eligibility guidelines as set forth in the Housing
Rehabilitation sections of this management plan.
B. Verification of all personal data of applicant's household members is required.
However, the WCHA reserves the right to waive verification prior to approval of
assistance, in cases of immediate
C. Homeowners insurance shall be required when the cost of the project is $2,000 or
more;
D. Properties located in 100 year floodplains are ineligible;
E. Emergency assistance may not exceed $5,000;
F. No applicant may receive more than one ERA deferred payment loan/non deferred
payment loan;
G. Loan conditions of the Housing Rehabilitation Program apply to the ERA program;
982& 9
H. Applicant's receiving $2,000 or more in ERA assistance will be required to execute a
Promissory Note and Deed of Trust, which shall mature at the end of the loan terms;
I. Applicants are required to secure two bids (WCHA may secure these to expedite the
process) for emergency work and submit them to the WCHA, which will choose the low
bid and arrange for contract signing between the homeowner and the contractor. The
WCHA staff reserves the right to solicit bids instead, based on brief work write-ups and
emergency.
J. Fees charged for bids are not eligible costs under the ERA Program;
K. Contractors participating in the ERA Program are not required to meet contractor
standards. The WCHA staff reserves the right to request references and other information
of contractors under consideration, and to bar from consideration any contractor which it
feels cannot perform such work as required to standards of the WCHA and the locality.
L. An emergency situation shall be defined as one in which there exists an imminent and
correctable threat to the health and safety of the occupants, who were not the cause, either
through negligence or abuse, and who were aware of such situations for fewer than three
months, unless such situation could not be determined sooner (due to weather, etc.) the
WCHA reserves the right to solicit the assistance and expertise of outside resources to
make such a determination of emergency status before approval of any assistance.
XI. APPEALS PROCEDURES
A. Applicant/Borrower Appeals: If an applicant has a grievance concerning the actions
of the WCHA staff, or the procedures of the WCHA or the CDBG Program with regard to
his/her application for assistance the grievance shall forward such complaint to the
Director of the Housing Authority. If, after contact with Director, the applicant wishes to
appeal any decision, the applicant is required to submit a written request to appeal, stating
all pertinent information, complaints, comments, and relief sought, to the WCHA's Board.
The Board shall hold a hearing with the applicant and WCHA staff in attendance. The
Board shall make a determination based on the findings of the hearing, and mail such
information to the applicant. A copy of this written information shall be kept on file at the
WCHA offices. All WCHA Board determinations are final.
B. Contractor Debarment: Following a finding that the act complained of did occur, the
Board must then determine whether to debar or temporarily suspend the contractor. The
Board may take further testimony to determine whether aggravating or mitigating
circumstances existed for the violation. Aggravating circumstances may include :
1. Willful or intentional acts resulting in violation; pattern or practice of
violations;
2. Prior disciplinary actions
Mitigating circumstances include circumstances outside the control of the contractor
contributing to the violation; the violation being an isolated incident; and lack of impact
on the homeowner.
XII. LOAN ADMINISTRATION
All loans and deferred payment loans are administered by the Weld County Housing
Authority staff. Updated file and computer records shall be maintained to reflect client
loan payments. All payment accounts shall be established through the Weld County
Accounts Receivable system. Payments from clients shall be made directly to the accounts
receivable system. Delinquent accounts shall be assessed late fees, not to exceed thirty
percent of the monthly loan payment as agreed to in the client's signed Truth-in-Lending
Agreement (which outlines all specific loan terms). Clients in delinquent of default status
shall be notified of such status in writing, and shall be given the opportunity to rectify
their status, and/or make alternative payment arrangements. Failure on the part of the
client to rectify default or delinquent loan status, after two month's arrearage in which
time the WCHA has contacted the client in writing, shall result in lien enforcement. Client
shall be notified in writing of the commencement of foreclosure proceedings by the
WELD COUNTY'S ATTORNEY'S OFFICE.
•
9Y QA/
USDA United States Rural Development 655 Parfet Street,Room E-I00
Department of Dedicated to Strengthening and Lakewood,Colorado 80215
Agriculture Serving Rural America (303)236-2801 Extension 121
(303)236-2854 (FAX)
(3498-61k04). AM is
Ruth A.Rodriguez.State Director3t5
S.A.Mitchell,Ext. 122
M.Dolores Sanchez-Maes,Ext 123
Mary Summerfield,Ext. 124
P.Clark,Ext. 121
July 7, 1998
Mr. James Sheehan
Weld County Housing Authority
P. O. Box A
Greeley, CO 80632
Dear Mr. Sheehan:
Your Application for a Housing Preservation Grant has been approved for an amount not in
excess of$46,900, and a time period not to exceed 24 months. This approval is subject to the
availability of funds, the requirements of applicable Rural Development regulations, and the
terms and conditions listed herein. You will be expected to indicate your agreement with these
conditions, and intentions to comply with same, no later than 30 calendar days from the date
hereon, or within any time extension agreed to by Rural Development in writing.
The purpose of this Grant is to provide funding for the operation of a program to finance the
repair/rehabilitation of single-family, owner-occupied homes.
Program funds are to cover part or all of the cost of providing assistance to rural housing
homeowners for loans, grants, interest reduction payments or other assistance that will reduce
the cost of repair and/or rehabilitation. Such assistance is to be used to remove or correct
health or safety hazards. After substantial completion, as defined by Rural Development
Instruction, the home must meet the development standards detailed in your"Statement of
Activities", or improve the general living condition of the homeowner/resident(s) including
improved accessibility by handicapped person(s).
The Grant will be administered by the Greeley MFH Servicing Office, 4302 W. 9th Street
Road, Greeley, CO 80634. All questions, problems, reports, fund requests, quarterly
meetings, etc. will be submitted to, or coordinated with, that office. Please feel free to contact
them at (970) 356-8097.
Conditions established for this Grant are:
1. The Grant Agreement, Exhibit A to FmHA Instruction 1944-N, will be completed and
executed in strict compliance with the applicable provisions of FmHA Instruction 1944-
N.
2. The term of this Grant will be the period detailed in your "Statement of Activities", and
accepted by Rural Development. That period of time is 12 months and will begin with
the month the Grant Agreement is executed and costs can be incurred.
Rural Economic & Community Development is an Equal Opportunity tender.
Complaints of discrimination should be sent to:
Secretary of Agriculture, Washington, D.C. 202S0
9W(-,
3. Funds from this Grant may not be diverted to, utilized by, or in any other way used for
programs or purposes other than the housing preservation activities 2
detailed in you approved Application.
4. Homeowners assisted with funding from this Grant must meet the following criteria:
a. Have an income not in excess of the Low-Income limits outlined in FmHA
Instruction 1944-A, Exhibit C.
B. Be the owner of their home for a period not less than one year (12 full months)
prior to the time of assistance. This period begins the month of approval of
assistance.
C. Be the intended occupant of the dwelling, assisted with Funds from this Grant,
subsequent to the time of assistance.
5 The dwelling must be located in a rural area, as defined by Rural Development and be
in need of housing preservation assistance.
6. Use of Grant funds, for direct and indirect administrative costs, will not exceed the
percentage established in your Application. That percentage is 15%. Including any
revision approved by Rural Development, at no time will administrative costs be •
permitted to exceed 20% of the Grant funds provided.
7. The Grantee may 1141 charge fees or accept any compensation or gratuities from
Housing Preservation Grant recipients for the Grantee's technical or administrative
services, provided in direct relationship to, or as a result of, the recipients participation
in the Grant program.
8. The Grantee will comply with all Equal Opportunity requirements, policies and
regulations contained in Subpart E of FmHA Instruction 1901.
9. There will be no change made to the project budget without prior approval of the Rural
Development.
10. Requests for reimbursement or advances must be at least 30 calendar days apart.
11. Quarterly financial reports will be prepared and submitted to the District Director. These
reports will be received 114 later than the dates specified in the executed Grant
Agreement.
12. The Grantee, at the time of Grant completion, or termination, will supply Grant Closeout
Financial reports in strict compliance with the terms and conditions detailed in the
executed Grant Agreement.
13. The Grantee will comply with property management standards, for Expendable and
Non-Expendable personal property, as outlined in the executed Grant Agreement.
14. The Grantee agrees to retain financial records, supporting documents, statistical
records, and all other records pertinent to the Grant, in accordance with the terms and
conditions outlined in the executed Grant Agreement.
15. All Grantee employees responsible for Grant funds will be covered by a fidelity bond
using FmHA Form 440-24, "Position Fidelity Schedule Bond" with the United States
named as Co-Obligee. Other bond forms my be used with prior review and approval of
the Rural Development.
9Yaa‘a
16. The Grantee understands the State Director may take action to terminate
the Grant, or suspend advances, under one or more of the following 3
conditions:
a. Required reports are not submitted in compliance with the Grant Agreement;
b. Submitted reports indicate unsatisfactory progress toward goal accomplishment;
c. Failure to meet established goals;
d. Failure to take corrective action recommended by Rural Development;
e. Failure to use Grant Funds for authorized purposes;
f. Violation of any non discrimination or equal opportunity requirements;
g. Violation of any provision of law or regulation.
17. Enclosed is form FmHA 1942-46, Letter of Intent To Meet Conditions. Please sign this
form and return it to the address as indicated on the form.
Should you have any questions in this matter, you may contact LaVeme Freed at the Rocky
Ford Area Office as listed above.
Thank you for your continued interest in the Housing Preservation Grant Program.
Sincerely,
MARY SUMMERFIELD
Multi-Family Loan Specialist
cc: Barbara Rehborg, MFH , Loan Specialist, Greeley
Enclosure: Copy of Form 1940-1 "Obligation of Funds"
Form 1942-26 "Intent to Meet Conditions"
•
98,2,709
•
Affidavit of Publication
,�-
STATE OF COLORADO r `•I v`" "i
County of Weld SS.
P.O.Box A• i.
I A.Winkler Riesel of said County of Adams being -GteeleY.Cob-'3'71.1V1:5-
7
duly sworn,say that I am publisher of (970)352-1551e ,.."11:717•540
PLATTEVILLE HERALD weldCoOnWbions t, bfnn
an opWbatbn,ig the mete
that the same as a weekly newspaper of general ;:ol Color°tlp,.Dl.lslon.of
circulation was panted and published in the town of Housing (GGOH). CDQH
fundsorebteldedtopjovle;
FORT LUPTON decent:hotsing,a suitable
in said county and state that the notice of living envhonment and.
advertisement,of which the annexed is a true copy has °cadomic obboityn ieb
been published in said weekly newspaper for In Iv lot
f y�rH '(
FI
ONE consecutive weeks: that the notice was
published in the regular and entire Issue of every
number of said newspaper during the period and time : •..T.a. :�i
of publication of said notice and in the newspaper ttlmd '
proper and not in a supplement thereof: that the first oPPto `d,'7+'v . )
publication of said notice was contained in the issue be ay. „r'f"i l7'..-al
of said newspaper bearing the data of the 1998 71:41T.:15J-4'1:"..'71%,
"..;{14T,:
PonneWll.,, M f !I
NOVEMBER 4. A D. 1998 and the ' tgotewidel 9"7,,''/ { •
last publication thereof, in the issue of said Clllea C T' 7 a
newspaper,bearing data SbQ11.9941 1 ' I] f. ''1 ; .
Dp veto
the $jam day of NOVEMBER. 1998, .,Potatn d •.I ae o.
that the said loan Func.It " 'i
rpppoxYnal A . ry^
PLATTEVILLE HERALD
has g p period ofcon
y and uninterruptedly t11.,
during the period of at least fifty-two consecutive 1la.,.{�a ,,,, ,,,,,,,,..,•,11.: i..
weeks next prior to the first issue thereof containing .,,7,.,t i
said notice or advertisement above referred to: and tits, �_-?
that said newspaper was at the time of each of the .yr,vr r 7,
publications of said notice duly qualified for that 70 M• :7 7
purpose within the meanie of an act entitled. 'An e'en A mayMfirl "1
Act Concerning Legal Notices, Advertisements and 44 air F( f"m"
Publications and the Fees of Printers and Publishes AtlMnlatr ,tar.:
thereof, and to Repeal all Acts and Parts of Acts in
Conflict with the Provisions of this Act' approved nonoe conduct
>svf"
s
April 7, 1921, and all amendments n act approved,
thereof, and wslbe contluct-.�P„k^-m T
anicularly as amended by an act a roved,March 30, bouts C110 CT 1 7 CT
d an act appro ed May 13 1931. lib CT 199! 01)9 4T 20.
C....(1 q C741 .qT 2$5..1^Gfl lIPSWPil
i { s` / towns(RillRl",at€CaFADO,.
[, I r o /` Eaton flans, FhesYope,
n �b� ('T tap°,,'_,� Fte5lerick Colt IHpton,
P1f6fisher Garcon disc Ggoust
S Heefles:; Johnstown.
Keepeapui0• Milliken,
Subacribed and sworn to before me this SI day of Pipttevl h, $1,119119:14I
;" OVEMBER A.D. 1998
(
Notary Pu'q�td , ! puat�... d ,,.
„,11112 Shoo 714.ptel t°Fme
P.O. BOX 25 note tF aeg91 c�h.;_,
•
FT. LUPTON, CO 80621 latO°° t• o •
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MY Commission Expires and.. ..°‘!“P„,,
December 27, 2001 the ` °°mtl.
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P CO Otte t Novemb•i29"-
f
HOUSING REHABILITATION INTER-GOVERNMENTAL AGREEMENT
T S CONTRACT, made this 6,12114day of
Q,Iyi 1996 by and between Weld County Housing
y 114.
Author' , LF.O. Box A, Greeley, Colorado 80632 hereinafter
referred to as "Weld County" and Greeley Urban Renewal Authority,
hereinafter referred to as "GURA", 1129 4th Street; Greeley,
Colorado 80631 .
WITNESSETH:
WHEREAS, the Weld County, administers a Housing
Rehabilitation Program from said certain funding sources; and
WHEREAS, Weld County is authorized to administer the State
of Colorado HOME program to conduct certain housing
rehabilitation activities; and
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 from
the National Affordable Housing Act of 1990 (NAHA) Public Law No.
101-625, Home Investment Partnership Program, hereinafter
referred to as the "HOME program" to conduct certain housing
rehabilitation activities; and
WHEREAS, GURA desires to voluntarily enter into an agreement
with Weld County to carry out certain administrative functions of
Weld County's Housing Rehabilitation program in accordance with
the requirements of said program and all applicable laws and
regulations; and
WHEREAS, required approval, clearance and coordination has
been accomplished from and with the Colorado Division of Housing;
NOW THEREFORE, GURA and Weld County do hereby agree,
covenant and promise as follows :
1 . Weld County agrees to reimburse GURA a total of $31, 000
for the period September 1, 1996 through August 31 , 1997 for
conducting the following activities :
A. the development of all work descriptions
identified, by Weld County, for the housing
rehabilitation program, to include :
• the preparation of all drawings
relating to the project;
• the preparation of all work items
Page 1 of 5
2L?&o 9
•
Housing Rehabilitation Inter-Governmental Agreement
Continued
' the preparation of all cost estimates
relating to the work description.
• the review and acceptance of the work
description by the family;
B. bidding of all projects identified by Weld County
for housing rehabilitation to include:
• the preparation and distribution of
all bidding documents;
' advertising the project per State
requirements;
• the receipt of all bids from certified
contractors
' the review of all bids;
• the completion of all bid documents :
• the review of all bids with Weld
County and the property owner;
C. monitoring of all work specified in the work
descriptions, as prepared by GURA, to include :
• the enforcement of the work
description by conducting periodic
inspections of the project;
' the certification that payment
requests from the contractor
correlate with the work description.
D. certification of project completion to include :
' enforcement of punch list items;• .
final inspection of the project with
the contractor and the owner.
• execution of the Certificate of
Completion by all parties .
E. the filing-of all records and documents with weld
County, relating to the housing rehabilitation
project .
Page 2 of 5
9Yaae9
Housing Rehabilitation Inter-Governmental Agreement
Continued
2 . Weld County shall have the right to inspect all projects
financed in whole or in part with funds provided by Weld County
and will inform GURA of any non-compliance issues as determined
by Weld County or the State, with respect to this agreement, but
will not issue any orders or instructions to any participating
owner relating to the work descriptions
3 . . GURA shall ensure that contract documents pertaining to
the work, including blueprints and specifications, shall be
approved by the Weld County prior to signing by the contractor
and the property owner.
4 . Progress payments to contractors and homeowners shall be
issued by Weld County 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. Payments may be issued only upon the
receipt of lien waivers from all contractors .
5 . GURA shall perform all tasks in accordance with all State
and Federal regulations which are currently in effect, as it
relates to the rehabilitation functions of the program.
6, GURA shall furnish all records relating to the
rehabilitation of all properties, to Weld County upon completion
of the project .
7 . Billings for services performed by GURA pursuant to this
agreement shall be based on an equal amount of Two Thousand Five
Hundred and Eighty Three dollars ($2, 583) , not to exceed $31, 000,
submitted monthly by GURA to Weld County on a prescribed billing
form.
8 . This agreement is contingent upon receiving
administrative funding in an amount acceptable by Weld County
from the State of Colorado or other pertinent funding sources . In
the event that funds are not provided by the State, this Inter-
governmental Agreement shall become null and void. No portion of
this agreement shall be deemed to create an obligation on the
part the Weld County, to expend funds not appropriated in each
succeeding year.
Page 3 of 5
Rehabilitation Inter-Governmental Agreement
Continued
9 . This agreement shall remain in effect until August 31,
1997 and shall be automatically renewed for successive twelve
month periods unless either party gives a notice of non-renewal
at least ninety days before the termination date: Each party may
terminate this agreement at any time by giving a ninety day
notice of its intent to terminate to the other party in.writing.
10 . GURA acknowledges that it is an independent contractor
for the purpose of performing its duties pursuant to this
agreement . GURA agrees, on behalf of itself, its Board of
Directors, that its employees are not and shall not as a result
of their work towards the execution of this Agreement become
employees of Weld County and, therefore, are not entitled to any
employee benefits.
11. 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 GURA or its employees, volunteers,
or agents performing GURA duties as described in this contract .
.....:�-1 a�f,..,a� asF3--geld harmless Weld--C���z-,—mot
off i eer^ a F l -, v, fer any l. .ss �acr d b z l f
v.3}.ernt-eer-s, and .,,a.
12 . No portion of this agreement 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 agreement .
13 . If any section, subsection, paragraph, sentence, clause,
or phrase of this agreement 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.
14 . GURA agrees that at any time during the term of this
Contract, Weld County, the State of Colorado or any pertinent
funding source may conduct a performance or financial audit of
GURA records pertaining to the administration of the Housing
Rehabilitation Program and GURA's obligation under this Contract ,
Page 4 of 5
•
•
Housing Rehabilitation Inter-Governmental Agreement
Continued
provided that such audit is conducted at reasonable time and in
reasonable manner. GURA shall be responsible for remedying any
program and/or audit findings which are detected. In the event
that Program funds have been improperly applied, diverted or
otherwise used in violation of State or local laws or
regulations, GURA shall upon demand immediately pay such
improperly used amounts to Weld County.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year first above written.
�
SEAL Gre ey Urban Renewal Au ority
De nis Mullholland, Chairman
Attest 1&1eCa.
By. f�
Weld County Housin Authority
as ,t _
,so �..-ti���:, Iridc a bars J. Ki meyery Chair
074,34
C : u#114414
UCounty Clerk to the Board
�. 271411 J..CJ diPSt
APP AS TO
my Att y
Page 5 of 5
wag,
Request for Taxpayer Identification
Number (TIN) Verification Do PRINT OR TYPE RETURN TO ADDR NOT send to IRS
B a
Name Weld County, Colorado
Second Name
(ONLY IF Doing Business as(DBA))
Address P.O. Box 758
(To Receive Payments from the State)
City Greeley State CO zip 80632
9 Digit Taxpayer Identification Number (TIN): 'MUST Check Onel
Individual (Individual's Social Security Number)
NOTE DO NOT use employer identification number used for forms 941,940,720 or 2290. ——— —— ————
Sole Proprietorship (Owner's Social Security Number)
(You file Schedule C, Form 1040) ——— —— ————
Notr. DO NOT use employer identification number used for farms 941.940,720 or 2290.
Partnership (Partnership's Federal Employer Identification Number (FEIN)
(You file Form 1065) —
Estate/Trust (Legal Entity's FEIN)
NOM Do not furnish the Identification number of the personel representative or trustee ogees the legal entity itself S not— -
designated in the account mw.. List and side the name of the legal mat,estate.or petition der.
Corporation (Corporation's FEIN) (You file Form 1120)
Tax Exempt Organization (Organization's FEIN)
Governmental/Non Profit (Public Entity's FEIN)
--8--4-- " -0__O__lL_8_L 3
Association/Club (Association/Club's FEIN) _
IOTE: If no name is carded when there is more than one name, the number will be considered to be that of the first name listed
[] Check here if TIN number `applied for" Licensed Realtor Yes _ No _
'nder penalties of perjury, I certify that:
) The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me)
AND
lam not subject to backup withholding because: (a) I am exempt from backup withholding,or(b) 1 have not been notified by the Internal
Revenue Service (IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends or (c)the IRS has
notified me that I am no longer subject to backup withholding (does no apply to real estate transactions, mortgage interest paid, the
acquisition of abandonment of secured property, contribution to an individual retirement arrangement (IRA), and payments other than
interest and dividends)
',dlrcation Instructions.—You must cross out item (2) above if you have been notified by IRS that you are currently subject to backup
thholding because of under reporting interest or dividends on your tax retum.
Constance L. Harbert Chair
.me (Print or Typ/}!q Title (Print or Type)
mature (.i�J7�� �., .. �`� ( Date 03/30/98 Telephone ( 970 ) 356-4000 ext 4200
NOT WRITE BELOW THIS LINE
AGENCY USE ONLY
ency __ 1099 Y_ N VEND Addition _ Change
xoved by Action Completed By
Date
Attachments - 24 gD Ad ea
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