HomeMy WebLinkAbout961754.tiff RESOLUTION
RE: APPROVE AMENDMENT TO AGREEMENT FOR DISTRIBUTION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FOR CONSTRUCTION OF NEW FACILITY WITH
HIGHLAND DAY CARE CENTER, INC., 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 Amendment to 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 amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Amendment to 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 Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of September, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORA O
ATTEST: Eau
4444 ,G4 4! . e. cxfi ��(Barbara J. Kirkmeyer, hair U
Weld County Clerk to the Board c�
orge Baxter, Pr -T
BY:A--Off
Deputy Clerk to the Board
Dale K. Hall
AP V AS TO FO
Constance L. Harbert77
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un Attorne W.
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W. H. ebster �Jy
961754
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AMENDMENT TO AGREEMENT FOR DISTRIBUTION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FOR CONSTRUCTION OF NEW FACILITY
* THIS AMENDMENT TO AGREEMENT is made and entered into this ' "fday of
tit, 1996 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 102 Birch 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 made available the sum of$250,000 for the
construction of a new facility for HDCC and an additional $60,000 for acquisition of the land on
which the new facility is located in Ault, Colorado, and
WHEREAS, on May 8, 1995, the parties entered into an Agreement for Distribution of
Community Development Block Grant for Construction of New Facility (the "Agreement"),
which Agreement defines the relationship and responsibilities between the governmental entity
(County) and the recipient of the block grant (HDCC), and
WHEREAS, there is now the need and desire by the parties to amend said Agreement to
modify their understanding and agreement with respect to HDCC's promise for the continued use
of the properties after their transfer from County.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the Agreement by substituting the following paragraph
3. for that currently in the Agreement:
3. PURCHASE OF AND PROMISE FOR FUTURE USE OF PROPERTY:
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"
Page 1 of 3 Pages
2520166 B-1577 P-37 11/13/96 02:20P PG 1 OF 3 REC IXIC
Weld County CO JA Suki Taukamoto Clerk & Recorder 0.00 961754
and "Parcel 4" upon the replat of said Tract A and are hereinafter referred to as
"Parcel 3" and "Parcel 4".) HDCC agrees to the following cond. ions with respect
to said Parcels/and ita d the building to be built on Parcel/ hiC >
�i `.fig / ✓
During a period of five (5) years following the date of June 17, 1996, no
change may be made in the use of the building as a day care center unless:
1) the State of Colorado determines the new use meets one of the national
objectives of the CDBG program, and 2) the County and HDCC provides
affected citizens with reasonable notice and an opportunity to comment on
any proposed changed.
If the County and HDCC decide, after consultation with affected citizens,
that it is appropriate to change the use of the Parcels to a use which the
State determines does not qualify in meeting a CDBG national objective,
HDCC must reimburse to the County an amount equal to the current fair
market value of the Parcels, less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, and improvements to,
the Parcels.
At the end of the five (5) year period following the date of June 17, 1996
and thereafter, no State restrictions on use of the Parcels shall be in effect.
DATED this 3tday ofiSeik 1996.
1E T Lil A da? COUNTY OF WELD, STATE OF
L � COLORADO BY AND THROUGH
L THE BOARD OF THE BOARD OF COUNTY
�'Es'' a Q-�►xs, OMMISSIONERS COMMISSIONERS OF THE
COUNTY OF WELD
SO W 'L /
Deputy C k to the Board Barbara J. Kirkmeye'r, Chair {/
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2520166 B-1577 P-37 11/13/96 02:20p PG 2 OF 3
HIGHLAND DAY CARE CENTER, INC.
Lana Cozad, Presiders
SUBSCRIBED AND SWORN to before me this //+h day of
‘ )e feIthker , 19 (16
WITNESS my hand and official seal.
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My commission expires: %I, `?p Go«< "a ?° '
'Ay Commission Expires June 22, 199@
2520166 B-1577 P-37 11/13/96 02:20P PG 3 OF 3
Page 3 of 3 Pages
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