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RESOLUTION
RE: APPROVE COLORADO HOUSING GRANT LOAN CONTRACT AND AUTHORIZE
CHAIR TO SIGN - MORWAI DAIRY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Colorado Housing Grant Loan
Contract between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority, and
Morwai Dairy, LLC, with terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Housing Authority Board, that the Colorado Housing Grant
Loan Contract between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Greeley/Weld County Housing
Authority, and Morwai Dairy be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 24th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNT O DO
ATTEST: 4mh'
, '�J Dale K. Hall, Chair
Weld County Clerk to th( o T
' X7.1.
l Q�p �jity . Barb a J. Kirkmey , Pro-Te
BY: G�Glu� S r-
Deputy Clerk to the o7171/1-.9v\\ -r
C1 /Geor a E. Baxter
APPROVED AS TO FORM(: EXCUSED
M. J. Geile
itteQunty Attorney 5
Glenn Vaad
992811
HAcol9
Form 6-AC-02A(R 2/97)
HD G#00-014
DEPARTMENT OR AGENCY NUMBER
NAA
CONTRACT ROUTING NUMBER
STATE OF COLORADO
HOUSING GRANT CONTRACT
THIS CONTRACT, Made this cf d 1 day of 6i14LZ/thL/L1999, by and between the State of
Colorado for the use and benefit of the DEPARTMENT OF LOCAL AFFAIRS, DIVISION OF HOUSING,
1313 Sherman Street,#323,Denver,Colorado 80203,hereinafter referred to as the State,and Greeley/Weld
Housing Authorities, Post Office Box A,Greeley,Colorado,80632 hereinafter referred to as the Contractor.
WHEREAS,authority exists in the Law and Funds have been budgeted,appropriated and otherwFse
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
Number 100 , Appropriation Code _291 , Org. No. HC00 , GBL No.OH07 , Contract
Encumbrance Number HOHDG00014 • and
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, in accordance with 24-32-705 C.R.S. 1973, as amended, the State is empowered to
provide funds to public and private non-profit entities to induce at least equal non-State investments for the
construction, rehabilitation and acquisition of housing for low-income families and persons; and
WHEREAS, the Contractor is one of the political subdivision, public or private non-profit entities
organized under the law of the State of Colorado as a non-profit corporation in good standing in the State
of Colorado with federal income-tax exempt status and eligible to receive State funds; and
WHEREAS,certain physical conditions exist in houses located in the State of Colorado,which pose
danger to the health, welfare, and safety of low-and moderate-income occupants; and,
WHEREAS, The Division of Housing has approved the proposed project of the contractor
NOW, THEREFORE, it is hereby agreed that
1. Scope of Services. In consideration for the monies to be received from the State, the Contractor
shall do, perform and carry-out in a satisfactory and proper manner,as determined by the State all
work elements as indicated in the"Scope of Services",set forth in the attached Exhibit A, hereinafter
referred to as the "Project". Work performed prior to the execution of this contract shall not be
considered part of this Project.
2. Responsible Administrator. The performance of the services required hereunder shall be under
the direct supervision of Tom Teixeira , an employee or agent of Contractor, who is hereby
designated as the administrator-in-charge of this project.At any time the administrator-in-charge is
not assigned to this project, all work shall be suspended until the Contractor assigns a mutually
acceptable replacement administrator-in-charge and the State receives notification of such
replacement assignment.
Page 1 of Nine Pages
3. Time of Performance.This Contract shall become effective upon proper execution of this Contrac t.
The Project contemplated herein shall commence as soon as practicable after the execution of this
Contract and shall be undertaken and performed in the sequence set forth in the attached Scope
of Services. The Contractor agrees that time is of the essence in the performance of its obligations
under this Contract,and that completion of the Project shall occur no later than the termination date
set forth in the Scope of Services.
4. Definition of Eligible Beneficiaries. Eligible beneficiaries are defined for the purposes of this
Contract, as those persons whose household income does not exceed 80% of the area median
income,as set forth in the Exhibit B,which is attached hereto and incorporated here in by references,
or as subsequently promulgated in writing by the State.
5. Fair Housing Provision.The Contractor agrees to comply with the letter and spirit of the Colorado
Fair Housing Act of 1959, as amended, and other applicable laws respecting discrimination in tie
showing, renting, leasing or sale of housing or vacant land, including trailer spaces, duplexes and
private homes. The law prohibits discrimination based on race, creed, color, sex, national orio n,
ancestry, physical handicap and marital status.
6. Compensation and Method of Payment. State shall pay to Contractor a total amount not to
exceed One Hundred Thousand and NO/100 Dollars ($100,000). Payment of funds for approved
program activity(ies) shall be made upon written request from Contractor using the State-provided
form. Contractor may request payment for reimbursement of actual eligible expenditures or for
eligible obligated expenses.Contractorshall maintain and submit documentation that said expenses
existed at the time of request. No part of said State share shall be used for program planning,
development or administration.The method and time of payment shall be made in accordance with
the "Payment" set forth herein.
The proposed total funding for said program to provide adequate housing for low and moderate
income households is approximately Five Hundred Sixty One Thousand and NO/100 Dollars
($561,0000) of which the State share is One Hundred Thousand and NO/100 Dollars ($100 QQQi
and Contractor non-State matching share is approximately Four Hundred Sixty One Thousand and
NO/100 Dollars ($461,000). In no event shall Contractor non-State matching share be less than
State share. If Contractor non-State matching share is less than State share, the State share shall
be reduced to amount of available contractor non-State matching funds.
7. Financial Management.At all times from the effective date of this Contract until completion of this
Contract, the Contractor shall establish and maintain, as a separate set of accounts, or as an
integral part of its current accounting system, accounts for the Project to assure that Project funds
including State funds, matching and other funds, are expended and accounted for in a manner
consistent with this Agreement and State Law, including Section 24-75-601 through 605 Coiorado
Revised Statutes, as amended.
8. Payment Method. Unless otherwise provided in the Scope of Services:
a) The Contractor shall periodically initiate all drawdown requests by submitting to the Division
a written request using the State-provided form, for reimbursement of actual and proper
expenditures of State Housing Development Grant(HDG)funds plus an estimation of funds
needed fora reasonable length of time.
b) The State may withhold any payment if the Contractor has failed to comply with the fir ancial
management requirements, program objectives, contractual terms, or reporting
requirements.
c) The State may withhold payment of the final five (5) percent of the total contract amour
until the Contractor has submitted and the Division has accepted all required financial stags
reports and performance report information.
Page 2 of Nine Pages
9. Audit. The State or other appropriate government agency, or any person designated by scich
agency, shall have the right to audit said project's construction account and/or project's operating
account.This audit right shall exist for a period of two years after the contract termination or the final
payment is made on the contract.
10. Contractor,An Independent Contractor.Contractor shall be an independent contractor and snail
have no authorization, express or implied,to bind the State to any agreements, settlements, liability
or understanding except as expressly set forth herein.
11. Personnel.The Contractor represents that he has, or will secure at his own expense all personnel,
as employees of the Contractor, necessary to perform the work and services required to be
performed by the Contractor under this contract. Such personnel may not be employees of or have
any contractual relationship with the State and no such personnel are eligible for any employees
benefits, unemployment compensation or any other benefits accorded to state employees and
Contractor agrees to indemnify the State for any costs for which the State may be found liable in
these regards. Contractor shall pay when due all required employment taxes and income :ax
withholding.All of the services required hereunder will be performed by the Contractor or under his
supervision.
The Contractor is responsiblefor providing Workmen's Compensation coverage anc Unemployment
Compensation coverage for all of its employees to the extent required by law,and for providing such
coverage for themselves. In no case is the State responsible for providing Workmen's
Compensation Coverage for any employees or subcontractors of Contractor pursuant to this
Agreement, and Contractor agrees to indemnify the State for any costs for which tie State may be
found liable in this regard.
12 Contract Suspension. If the Contractor fails to comply with any contractual provision, the State
may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit
the Contractor from incurring additional obligations of contractual funds, pending corrective action
by the Contractor or a decision to terminate in accordance with provisions herein. The State may
determine to allow such necessary and proper costs which the Contractor could not reasonably
avoid during the period of suspension provided such costs were necessary and reasonable for the
conduct of the project.
13 Contract Termination. This contract may be terminated as follows:
a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the
Contractor is to be paid, reimbursed, or otherwise compensated with Division of Housing
Development Grant funds provided to the Divison for the purpose of contracting for the
services provided for herein, and therefore, the Contractor expressly understands and
agrees that all its rights, demands and claims to compensation arising under this Contract
are contingent upon receipt of such funds by the Division of Housing. In the event that such
funds or any part thereof are not received by the Division of Housing, the Division may
immediately terminate or amend this Contract.
b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely
and proper manner his obligations under this Contract, or if the Contractor shall violate any
of the covenants, agreements, or stipulations of this Contract, the State shall thereupon
have the right to terminate this Contract for cause by giving written notice to the Contractor
of such termination and specifying the effective date thereof, at least five (5) days before
the effective date of such termination. In that event, all finished or unfinished documents,
data,studies,surveys,drawings, maps, models, photographs,and reports or other material
prepared by the Contractor under this Contract shall, at the option of the State, become its
property, and the Contractor shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such documents and other materials.
Page 3 of Nine Pages
Notwithstanding the above, the Contractor shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the Contract by the
Contractor, and the State may withhold any payments to the Contractor for the purpose of
setoff until such time as the exact amount of damages due the State from the Contractor
is determined.
c) Termination for Convenience.The State may terminate this Contract at any time the State
determines that the purposes of the distribution of State HDG monies under the Contract
would no longer be served by completion of the Project. The State shall effect such
termination by giving written notice of termination to the Contractor and specifying the
effective date thereof,at least twenty(20)days before the effective date of such termination.
In that event, all finished or unfinished documents and other materials as described in
subparagraph b above shall, at the option of the State, become its property. If the Contract
is terminated by the State as provided herein, the Contractor will be paid an amount which
bears the same ratio to the total compensation as the services actually performed bear to
the total services of the Contractor covered by this Contract, less payments of
compensation previously made: Provided, however,that if less than sixty percent(60%)of
the services covered by this Contract have been performed upon the effective date of such
termination, the Contractor shall be reimbursed (in addition to the above payment)for that
portion of the actual out-of-pocket expenses(not otherwise reimbursed under this Contract)
incurred by the Contractor during the Contract period which are directly attributable to the
uncompleted portion of the services covered by this Contract. If this Contract is terminated
due to the fault of the Contractor, Paragraph 13b hereof relative to termination shall apply.
14 Modification and Amendment.
a) Modification by Operation of Law.This Contract is subject to such modifications as may
be required by changes in federal or state law or regulations. Any such required
modification shall be incorporated into and be part of this Contract as if fully set forth herein.
b) Programmatic or Budgetary Modifications.This Contract has a simplified Change Leiter
Procedure for modifying this Contract. The Change Letter Procedure must be used:
i) when the cumulative budgetary changes exceed Five Thousand Dollars ($5,00J
unless otherwise specified in the Scope of Services;
ii) when the scope,objective or completion date of the Project changes as determined
by the Division of Housing;
iii) when additional or less State funding is needed; and,
iv) when the addition of other activities are proposed.
Under such circumstances, the Division's approval is not binding until memorialized it a
fully executed Change Letter as specified in subparagraph c).
c) Change Letter Process. Contractor must submit a written request to the Departrnen: 4
programmatic or budgetary modifications are desired. Paragraph 2, Responsible
Administrator; Paragraph 6, Compensation and Method of Payment; and Exhibit A, Scope
of Services, may be modified by Change Letters (in the form attached hereto), signed oy
the State and the Contractor. Upon proper execution and approval, such Change Letter
shall become an amendment to the Contract,effective on the date specified in the letter. No
such Change Letter shall be valid until approved by the State Controller or such assistant
as he may designate.All other modifications to this Contract must be accomplished through
amendment to the contract pursuant to fiscal rules and in accordance with subparagraph
20.d.
Page 4 of Nine Pages
d) Other Modifications. If either the State or the Contractor desires to modify the terms of th s
Contract other than as set forth in subparagraphs b and c above, written notice of the
proposed modification shall be given to the other party. No such modification shall take
effect unless agreed to in writing by both parties in an amendment to this Contract properly
executed and approved in accordance with applicable law. Any amendment required per
this subparagraph will require the approval of other state agencies appropriate, e.g.
Attorney General, State Controller, etc.
15. Integration.This Contract,as written,with attachments and references, is intended as the complete
integration of all understanding between the parties at this time and no prior or contemporaneous
addition,deletion or amendment hereto shall have any force or effect whatsoever, unless embodied
in a written authorization or contract amendment incorporating such changes, executed and
approved pursuant to applicable law.
16. Reports. Unless otherwise provided in the Scope of Services,the following reporting requirements
apply:
a) Financial Reports.The Contractor shall submit to the Division three(3)copies of Financial'
Status Reports in the manner and method prescribed by the Division in the scope of
services set forth in Exhibit A.
b) Performance Reports. The Contractor shall submit to the Division two (2) copies of
Summary Beneficiary Report in a manner and method prescribed by the Division in tie
scope of services set forth in Exhibit A.
c) Project Completion Report.Within ninety (90)days after the completion of the Project or
the final draw whichever is later, the Contractor shall submit one (1) copy the Project
Completion Report, and three (3) copies of the Final Financial Status Report or forms
provided by the Division of Housing.
17. Conflict of Interest.
a) In the Case of Procurement. In the procurement of supplies,equipment,construction and
services by the Contractor and its subcontractors, no employee, officer or agent of .he
Contractor or its subcontractors shall participate in the selection or in the award or
administration ofa contract ifa conflict of interest, real or apparent,would be involved. Su:I
a conflict would arise when the employee, officer or agent; any member of his irnmedidte
family; his partner; or an organization which employs, or is about to employ, any of the
above, has a financial or other interest in the party or firm selected for award. Officer.,,
employees or agents of the Contractor and its subcontractors shall neither solicit nor acc cpt
gratuities,favors or anything of monetary value from parties or potential parties to contract..
Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items. is
nominal.
b) In all Cases Other Than Procurement. In all cases other than procurement(including the
provision of housing rehabilitation assistance to individuals, the provision of assistance to
businesses, and the acquisition and disposition of real property), no persons described in
subparagraph i)below who exercise or have exercised any functions or responsibilities with
respect to HDG activities or who are in a position to participate in a decision-making
process or gain inside information with regard to such activities, may obtain a persona or
financial interest or benefit from the activity, or have an interest in any contract, subcontrir.t
or agreement with respect thereto, or the proceeds thereunder, either for themseves c.r
those with whom they have family or business ties, during their tenure or for one year
thereafter.
Page 5 of Nine Pages
i) Persons Covered.The conflict of interest provisions of this paragraph b) apply to
any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the Contractor or of any designated public agencies or
subcontractors receiving HDG funds.
ii) Threshold Requirements for Exceptions. Upon the written request of the
Contractor,the State may grant an exception to the provisions of this subparagraph
b)when it determines that such an exception will serve to further the purposes of
the HDG program and the effective and efficient administration of the Contractor's
Project.An exception may be considered only after the Contractor has provided the
following:
a. A disclosure of the nature of the conflict, accompanied by an assurance
that:
there has been or will be a public disclosure of the conflict anti a
description of how the public disclosure was or will be made: and
the affected person has withdrawn from his or her functions or
responsibilities,or the decision making process with respect to tie
specific HDG assisted activity in question; and
b. An opinion of the Contractor's attorney that the interest for which lie
exception is sought would not violate State or local law; and
c. A written statement signed by the chief elected official of the Contractor
holding the State harmless from all liability in connection with any
exception which may be granted by the State to the provisions of this
subparagraph b);
iii) Factors to be Considered for Exceptions. In determining whether to gran. a
requested exception after the Contractor has satisfactorily met the requirements of
subparagraph ii) above, the State shall consider the cumulative effect of the
following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the Project which would otherwise not be
available;
b. Whether an opportunity was provided for open competitive bidding cr
negotiation;
c. Whether the person affected is a member of a group or class of low or
moderate income persons intended to be beneficiaries of the HDG assisted
activity, and the exception will permit such person to receive generally the
same benefits as are being made available or provided to the group o-
class;
d. Whether the interest or benefit was present before the affected person was
in a position as described in this subparagraph b);
e. Whether undue hardship will result either to the Contractor or the persm
affected when weighed against the public interest served by avoiding tie
prohibited conflict; and
Page 6 of Nine Pages
f. Any other relevant considerations.
18. Election not to Grant. Notwithstanding any other provision hereof, the Division of Housing may
elect not to make payment on the grant if:
a. Contractor shall have made any misrepresentations of a material nature in its application
for the grant, or in any supplement thereto, or in this contract,or in any document furnished
by it, to the Division of Housing relative to the initiation of the project;
b. There is pending or threatened litigation with respect to the grant or the performance by the
Contractor of any of its duties or obligations hereunder which may jeopardize or adversely
affect the initiation of the project;
c. Contractor does not strictly comply with any provisions of this contract, the Act, tie
Guidelines, and/or the Policies and Procedures of the Division of Housing; and,
d. The project, in the opinion of the Division of Housing, cannot proceed because of the
inability to continue or complete land options or agreements, or secure zoning, or due to
any action by any branch of government which impairs the use of the project for tie
proposed project purposes.
19. Approvals.Contractor shall obtain all necessary public approvals,including zoning,building, hearh
and fire approvals, for use and occupancy of said property for said purpose.
20. Competitive Bids. All construction or rehabilitation work undertaken with State funds shall he
competitively bid unless otherwise authorized by the State.
21. Hold Harmless. Contractor, in consideration for State's promises herein set forth, promises to
indemnify, save and hold harmless and defend State, and all of its employees and agents, acting
officially or otherwise, from any and all liability, claims, demands, actions, debts and attorney fees
arising out of, claimed on account of, or in any manner predicated upon loss or damage to the
property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in
connection with the performance of this contract, or by conditions created thereby, or based upon
any violation or any statute,ordinance, or regulation, and the defense of any such claims or actor s
22. Non-Discrimination.The Contractor shall comply with all applicable State and Federal laws, rules
regulations and executive orders of the Governor of Colorado involving non-discrimination on tr
basis of race, color, religion, national origin, age, handicap or sex. In compliance with paragraph E
of the Special Provisions section of this contract,Contractor agrees to consider minorities or minor tv
businesses as employees, specialists, agents, consultants or subcontractors under this contra ;t
Contractor may utilize the expertise of the State Minority Business Office within the Office of the
Governor for assistance in complying with the non- discrimination and affirmative action
requirements of this contract and applicable statutes.
23. Survival of Provisions. Notwithstanding any termination of this contact, the survival of provision,
shall continue in force and effect as to any provisions hereof which require observance o'
performance by the State and Contractor subsequent to the date specified for termination, and it is
understood and agreed such provisions shall survive any said termination date.
G:\U S R\S P I CASG\H D G\CG N TRACT.H D G
Page 7 of Nine Pages
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This comract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as f e may
designate. This provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being approonated,
budgeted and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection, repair, maintenance, or improv et nent of any
building, road bridge,viaduct,tunnel, excavation or other public work for this State,the contractor shall, before entering upon the performance of any
such work included in this contract,duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other
acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such
bond shall be duly executed by a qualified corporate surety, conditioned upon the faithful performance of the contract and in addition. shad provide that
if the contractor or his subcontractors fail to duly pay for any labor, materials,team hire, sustenance, provisions, provendor or other supplies used or
consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental
machinery,tools,or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the boric,
together with interest at the rate of eight per cent per annum. Unless such bond is executed,delivered and filed, no claim in favor of the contractor
arising under such contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasuier of the State
of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law,the contractor shall indemnify,save and hold harmless the State, its employees and agents, agains' any and all
claims, damages, liability and court awards including costs,expenses, and attorney fees incurred as a result of any act or omission by the contractor, or
its employees, agents,subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other appncable law
respecting discrimination and unfair employment practice(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirma-
tive Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts
During the performance of this contract,the contractor agrees as follows:
(a) The cortractor will not discriminate against any employee or applicant for employment because of race,creed, color, national origin sex, marital
status, religion,ancestry, mental or physical handicap,or age. The contractor will take affirmative action to insure that applicants are employed, and that
employees are treated during employment,without regard to the above mentioned characteristics. Such action shall include, but not be limited to the
following: employment, upgrading,demotion, or transfer,recruitment or recruitment advertisings;lay-offs or terminations; rates of pay or over forms of
compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause
(b) The cortractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants
will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion,ancestry mental or physical
handicap,o'age.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or otl e' contract or
understanding, notice to be provided by the contracting officer,advising the labor union or workers' representative of the contractor's commitment
under the E(ecutive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975,and of the rules, regulations, and relevant C'ders of the
Governor.
(d) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmat,yr•Action of
April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto,and will permit access to his books, records and
accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliancy with such
rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any st,co
individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity, r e ause of
race,creed, color,sex, national origin, or ancestry.
(f) A labor organization,o•the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in the. c.ontract to be
discriminato y or obstruct or prevent any person from complying with the provisions of this contract or any order issued the'eunder, or attemp' either
directly or indirectly, to commit any act defined in this contract to be discriminatory.
Form 6-AC-02B
Revised 7/97
395-53-01-1022
Page 8 of 9 Pages
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any such rules, regulations, or orders,
this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts In
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or
orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive
Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations or orders promulgated in accordance therewith or as
otherwise provided by law.
(h) The Contractor will include the provisions of paragraphs(a)through(h)in every sub-contract and subcontractor purchase order unless exempted by
rules, regulations,or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975,so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the
contracting agency may direct,as a means of enforcing such provisions, including sanctions for non-compliance;provided, however, that in the even
the contractor becomes involved in,or is threatened with, litigation,with the subcontractor or vendor as a result of such direction by the contracting
agency,the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the Slate,,r€ undertaker
hereunder and are financed in whole or in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident
bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder s a resident. If it
is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would
otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent
necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and
enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration b/any extra-
judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any
provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
will not invalicate the remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations
that have been or may hereafter be established.
9. Pursuan:to CRS 24-30-202.4(as amended),the state controller may withhold debts owed to state agencies under the vendor offser intercept
system for: (a) unpaid child support debt or child support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 22.
Title 39,CRS (c) unpaid loans due to the student loan division of the department of higher education; (d)owed amounts required to be paid to the
unemployment compensation fund; and (e)other unpaid debts owing to the state or any agency thereof,the amount of which is found to he owing as a
result of final agency determination or reduced to judgement as certified by the controller.
10.The signatories aver that they are familiar with CRS 18-8-301, et.seq., (Bribery and Corrupt Influences)and CRS 18-8-401,et seq . 'Abuse o'
Public Office) and that no violation of such provisions is present.
11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the servii e or property
described herein:
IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written.
Contractor: GREELEY/WELD HOUSING AUTHORITY
(Full Legal Name) GREELEY/WELD COUNTY HOUSING AUTHORITY BOARD
STATE OF OLORADO
BILL O EN GOVER .
__17,:e).:.n44
-i
Dale K. Hall (11/24/99) By - _• ,v' _._
EXECUTIVE DIRE TO SOB BROOKS
Position(fitlei Chair
84-6000-813
soc,ais ry S Number o,' t,aiio Mmes' La DEPARTMENT
`\ I OF Local Affairs
(If Corporatior:) �r a
Attest(Seal) t:Jt ,jyt ._. APPROVALS
By L4 �u �' Q' - STATE CONTROLLER
XNuida6wd4.xwwaaarix ?:a ,' �x. q ���!
Deputy Clerk to the Board ;�i, II ,reA.
/—�� . -, (/, IC'� Arthur L arnhart
PRE-APPROVgD FOR CO VIEWER - - By
Rose Marie A en
Form 6-Ab-02C ( / 7 I
Revised 7/97 " /
395-53-01-1030 / ,(- Page 9 which is the last of 9 Pages
EXHIBIT A
Scope of Services
EXHIBIT A
SCOPE OF SERVICES
Greeley/Weld Housing Authorities—00-014
1. PROJECT DESCRIPTION AND OBJECTIVES This project will fund the construction and
rehabilitation of an 8-unit, low-income rental facility for Morwai Dairy in Hudson, Colorado. The
project will be located at 12954 Weld County Road 43. The Housing Development Grant funds will
be used solely for costs associated with the construction, and relocation and rehab of two four-ple<
buildings. All eight units are 4-bedroom units, one of which will be handicap accessible.
The units will be available on the open market to households at 60%of Area Median Income (AM,
or less, however, it is anticipated that Morwai Dairy employees will constitute the primary residentF.
Due to current Morwai Dairy employee composition, it is expected that four of the eight units will be
occupied by family households and four units will be occupied by unrelated individuals. Dairy
employees will pay no more than 30% of income for rent, however, if unrelated parties jointly and
severally rent a single unit, the total rent collected from said unrelated residents for a single unt
shall not exceed Fair Market Rent for that unit.
All funds from this contract will be in the form of a grant to the Greeley/Weld Housing Authoritie .
(HA)who will then loan the full amount, ($100,000)to Morwai Dairy. The loan will be at 3%interest
for a 20 year term. There will be no origination fee. Repayments to Greeley/Weld HA will be used
for future development of farm worker and migrant labor housing. If it is determined that there
no need for the development of further farm worker or migrant labor housing in Weld County, the
revolved funds will be used specifically for Housing Rehabilitation and Replacement loans in Welc
County.
All Housing Development Grant funds will be used in accordance with performance goals aril
timelines outlined in Exhibit C, Project Performance Plan.
2. ELIGIBLE BENEFICIARIES All eight units will be dedicated for use by families and/or Morwai Daft/
employees who have incomes of 60% or less of AMI.
3. CONTRACT ADMINISTRATION Greeley/Weld HA shall be responsible for administration of the
contract.
4. CONTRACT MONITORING The Division of Housing will monitor this project. The Contractor wi I
be monitored for compliance with the terms and conditions of this Contract.
5. CONSTRUCTION STANDARDS Upon completion, the facility will, at a minimum, meet the HUH
Section 8 Housing Quality Standards for Existing Housing contained in 24 CFR 982 40',
incorporated by reference, or all applicable local and State building codes and standards, and the
Fire Administration Authorization Act.
Page 1 of Three Pages
6. PROJECT ACTIVITIES
Project HDG Other
Project Activities Cost Funds Funds Source Of Other Funds
Land Acquisition 11,000 11,000 Morwai Dairy
Building Acquisition 20,000 20,000 American Ag Bank
Permit Fees 3,200 3,200 American Ag Bank
Off Site Infrastructure 17,840 17,840 American Ag Bank
On Site Infrastructure 5,000 5,000 American Ag Bank
Utilities (water-septic) 20,000 20,000 American Ag Bank
Construction/Rehab 478,960 100,000 378,960 American Ag Bank
Landscaping 5,000 5,000 American Ag Bank
TOTAL $561,000 $100,000 $461,000
7. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this
Contract and shall be completed on or before June 30, 2000. However, the Project time of
performance may be extended by letter, subject to mutual agreement of the State and Contractor
To initiate this process, a written request shall be submitted to the State by the Contractor at least
sixty (60)days prior to June 30, 2000 and shall include a full justification for the extension req jest
8. REPORTING SCHEDULE The Contractor shall provide the following reports to the Department of
Local Affairs, Division of Housing:
A. Financial Reports. One (1) copies of the quarterly Financial Status Reports shall be
submitted within 20 calendar days of the end of the calendar quarter. These reports must
be submitted on forms provided by the Division of Housing. No requests for payments shall
be processed if the Contractor has not submitted these quarterly reports;
B. Performance Reports. Two(2)copies of the quarterly Summary Beneficiay Report shal
be submitted within 20 calendar days of the end of the calendar quarter.These reports must
be submitted on forms provided by the Division of Housing and no requests for payments
shall be processed if the Contractor has not submitted these quarterly reports;
C. Project Completion Report. Within ninety (90)days after the completion of the Project or
the final draw whichever is later, the Contractor shall submit one (1) cooy the Project
Completion Report, and two (2) copies of the Final Financial Status Report on forme
provided by the Division of Housing.
D. Project Photographs. At the time of Project Close Out send before and after phctograpns
of the project in either 35mm slide or print negatives. If the format you choose is pant
negatives also send prints of the pictures.
9. SPECIAL PROVISIONS
A. Affordability - Rental Projects To insure the housing is affordable to low and moderate
income persons, all eight of the rental units must have rents thatdo not exceed the Sectio i
8 Fair Market Rents (FMRs) periodically established by HUD for the Section 8 Rental
Assistance Program for existing housing (or another standard subsequently approved b i
Page 2 of Three Pages
the state). The current Fair Market Rent established by HUD for existing housing in Weld
County is$1258 for 4 BR units. The maximum rent includes utilities or a utilities allowance
if utilities are not included in the rent. Regardless of changes in FMRs and in area median
incomes, over time the qualifying rents are not required to be lower than FMRs for the
project in effect at the time of contract execution. The contractor shall make a good faith
effort to make rental assistance available to as many tenants as possible. Area median
incomes and FMRs are annually adjusted by the Department of Housing and Urbai
Development(HUD). Rent and income levels must be reviewed annually by the Contractor
for compliance with the above requirements.
B. Long Term Affordability - Rental Projects The Contractor shall ensure that all eight
the units in the Project continue to be used to provide housing for low and moderate income
persons at affordable rents. New Construction units must remain affordable for a period of
not less than twenty years without regard to the term of any mortgage or the transfer of
ownership, pursuant to deed/use restrictions running with the land for not less than 20 years
(see paragraph 10). The affordability restrictions may terminate upon foreclosu-e or
transfer in lieu of foreclosure. The.affordability requirements will be revived if the owner c'
record before the foreclosure, or anyone with business or family ties to the owner obtains
an ownership interest in the property or project.
C. Change in Use During a period of twenty years following the date of closeout of the project
by the State, the Contractor may not change the planned use of the property. If a change
in use occurs, the Contractor must reimburse the full grant amount to the State, unless the
State authorizes the transfer of repaid funds to one or more public housing entities o-
private nonprofit corporations.
10. DEED/USE RESTRICTION The Contractor shall record the deed/use restriction in the land records,
of the jurisdiction in which the property is located. A copy of the recorded deed/use restriction sha
be provided to the DOH at the time of recording. (Please note that if a contractor already owns the
property, the affordability and use restrictions will probably be recorded in a"Use Restriction"in that
the Deed has already been filed and is on record. The affordability and use restriction can also be
listed and recorded in a "Rental and Occupancy Covenant").
A. Affordability and Long Term Affordability-The deed/use restriction must state the long
term and rent affordability terms stated above and that the owner and his or her successors
assigns, heirs, grantees or lessees shall maintain at least eight units at the 12954 \Nein
County Road 43, Morwai Dairy property for residential low-income housing for not less than
twenty years following the date of initial occupancy.
B. Change in Use-The deed/use restriction must state that if the property is not used for low
or moderate income housing for twenty years following initial occupancy, the Contractor,
his or her successors and assignees, heirs, grantees,or lessees shall be required to repa v
the full amount of the grant funds to the State, unless the State authorizes the transfer cf
repaid funds to one or more public housing entities or private nonprofit corporations. If the
12954 Weld County Road 43, Morwai Dairy property is used for low or moderate income
housing for twenty years following the date of initial occupancy, the Contractor will not be
required to repay any portion of the State housing grant funds provided under this Contras
Page 3 of Three Pages
EXHIBIT B
Definition of Moderate, Low and Very Low Income Households and Persons
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WELD COUNTY HOUSING AUTHORITY
HOUSING LOAN CONTRACT
THIS CONTRACT is made this 24thday of Ja,,,,ary , 2000, by and between
the Weld County Housing Authority,a political subdivision of the State of Colorado,whose address
is )15 10th Street,Greeley,Colorado 80631 (the"Housing Authority"),and WILLIAM R. WAIL L S,
JR.., JOHN R. MOSER, RICHARD A. NICHOLS, Hudson, Colorado 80642 (referred to herein
collectively as "Investors").
WITNES SETH:
WHEREAS,by resolution dated November 24, 1999,Housing Authority approved a Housing
Grant Contract with the State of Colorado,Department of Local Affairs,Division of Housing,a copy
of which is attached hereto and is referred to herein as Exhibit "1," and
WHEREAS,the grant which is the subject of Exhibit 1 is for a low-income rental facilit) for
workers at the Morwai Dairy located at 12954 WCR 43, Hudson, Colorado 80642, and legal
description being the following: Lots "A" and "B" of Recorded Exemption No. 1213-28-02-RE-
2570,according to the plat recorded November 23, 1999,as Reception No.2734386,being a port i )n
of the E1/2E[4 of Section 28, Township 3 North, Range 65 West of the 6'h P.M., Weld County,
Colorado, and
WHEREAS, Exhibit 1 requires Investors to comply with certain requirements as set fut th
therein, and
WHEREAS, through this Loan Contract, Investors and Housing Authority intend to derine
their relative responsibilities with respect to the loan, repayment thereof, and Exhibit 1.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
I. LOAN OF GRANT MONIES: Housing Authority agrees to loan to Investors the
principal sum of One Hundred Thousand DOLLARS AND NO/100 ($100,000 00)
at the rate of three (3) percent per annum. Said loan amount is the amount 01 1he
grant as set forth in Exhibit 1. All interest hereunder shall be calculated on the basis
of a 350-day year, actual day elapsed.
2. LOAN REPAYMENT: Investors agrees to repay the principal sum and interest on
the principal balance outstanding from February 1,2000,until the Note is paid in full
(20 years) at the rate of three (3) percent per annum (monthly payments being
$554.60). Investors agrees to execute a Promissory Note and Deed of Trust on the
property to secure the repayment.
Page 1 of 4 Pages
3. COMPLIANCE WITH TERMS SET FORTH IN EXHIBIT 1: Investors agrees to
comply with the requirements of Investors set forth in Exhibit I, including, without
limitation, rental of the units involved only to persons of low to moderate income
levels as defined in Exhibit B to Exhibit 1.
4. SEVERABIL[TY.
If any term or condition of this Loan Contract shall be held invalid, illegal. or
unenforceable, this Loan Contract shall be construed and enforced without such
provision to the extent that this Loan Contract is then capable of execution within the
original intent of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms Auld
conditions ofthis Loan Contract,and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Loan Contract
shall give or allow any claim or right of action whatsoever by any other person not
included in this Loan Contract. It is the express intention of the undersigned panics
that any entity other than the undersigned parties receiving services or benefits under
this Loan Contract shall be an incidental beneficiary only.
6. MODIFICATION AND BREACH.
This Loan Contract contains the entire Loan Contract and understanding between the
parties to this Loan Contract and supersedes any other Loan Contracts concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Loan Contract shall
be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term,provision,or clause of
this Loan Contract shall be deemed waived or excused,unless such waiver or consent
shall be in writing and signed by the party claimed to have waived or consented. .thy
consent by any party hereto, or waiver of, a breach by any other party, wheher
express or implied, shall not constitute a consent to, waiver of, or excuse for .toy
other different or subsequent breach.
Page 2 of 4 Pages
IN WITNESS WHEREOF the parties hereto have signed this Loan Contract
this ��-/ day of ,,,i(L,1u f,), , 2000.
ATTEST: E L WELD COUNTY HOUSING AUTHOR'I Y
‘0)
s �
Clerk to the I oa ' Barh.Pr9 J. Kirkmeyer, ChA'-LT
mit
t€/PP /
its William R. Wailes, Jr.
STATE OF COLORADO
COUNTY OF _ ss.
The foregoing instrument was acknowledged before me this ?y day of_ clr iq _I i i { _,
2000, by William R. Wailes, Jr.
Witness my hand and official seal. '
,)Ir ,)) C I S'YII4± / _
Notary/Public
My commission expires: `ilia/(ir `)
k
J R. Moser
STATE OF COLORADO
COUNTY OF kl dilL__ ss.
The foregoing instrument was acknowledged before me this -' day of <_,rr , iL _ ,
2000, by John R. Moser.
Witness my hand and official seal.
Notary Public
My commission expires: <0�/O 3
Page 3 of 4 Pages
Richard A. Nichols
S'PA'CE OF COLORADO
COUNTY OF ss.
The foregoing instrument was acknowledged before me this LII day of it:i<
2000, by Richard A. Nichols.
Witness my hand and official seal. / r
I \ /
Notary lic(
My commission expires: ///& /0
Page 4 of 4 Pages
(14-3 WELD COUNTY HOUSING AUTHORITY
DEED OF TRUST
THIS DEED OF TRUST, made this aC$'day of Zanuar , 2000, by and among
WILLIAM R. WAILES, JR., JOHN R. MOSER, RICHARD A. NICHOLS, 12964 Hudson,
Colorado 80642 (collectively referred to as "Borrower", which term shall also include successors
in interest) and the Public Trustee of the County of Weld, State of Colorado (the "Trustee"). and
the Weld County Housing Authority, a political subdivision of the State of Colorado, whose
address is 915 10th Street, Greeley, Colorado 80631 (the "Beneficiary").
Borrower, in consideration of the premises and the performance of the covenants and
agreements herein contained, does hereby grant, bargain, sell, convey and confirm unto the
Trustee, in trust, the property described HEREIN BY LEGAL DESCRIPTION:
Lots "A" and "B" of Recorded Exemption No. 1213-28-02-RE-2570, according to the
plat recorded November 23, 1999, as Reception No. 2734386, being a portion of the E'/-!E!4 of
Section 28, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado.
together with all buildings, improvements, including apparatus, equipment, fixtures or articles,
whether in single units or centrally controlled to supply heat, gas, air conditioning, water light
power systems, machines, appliances and fixtures or other services, and any other thing not or
hereafter situated therein or thereon which are now or may hereafter pertain to or be used on or in
said premises even though they be detached or detachable, also all buildings, improvements o
construction materials, supplies and equipment now or hereafter delivered to said premises ani
mended to be incorporated and installed therein or used in construction therein; also all building
permits, tap fees, plans and specifications relating to contemplated construction or improvements
or said land; together with any and all water, water rights, ditch rights, water stock, water and
sewer taps, and/or ditch stock, gas taps, mineral rights, easements, access rights, now property
described HEREIN, all of which are hereby declared to be a part of said real property, whether
physically attached thereto or not.
To have and to hold the same, together with all and singular the tenements,hereditaments
and appurtenances thereto belonging or in any way appertaining and the reversion and
reversions, remainder or remainders, rents issues and profits thereof, and also all the estate,
rights, title, interest, property possession, claims and demands whatsoever, as well as in law a- in
ecuity of the Borrower in and to the same and every part thereof unto the Trustee, his success,,i
or assign, IN TRUST NEVERTHELESS, upon the following terms and conditions:
1. Obligations Secured: This grant and conveyance is made in trust to the Trustee with
power of sale to secure the following:
A. The payment of the principal of and interest on a Promissory Note herewith
Page 1 of 8 Pages
L011' 1119 11111111111111�� 11111M9A JA IIIIlli 111111111III' 9s a8 1
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executed by the Borrower in the principal sum of One Hundred Thousand
DOLLARS AND NO/100 ($100,000.00) PAYABLE TO THE ORDER O1 TI lE
Beneficiary (the "Note") and proceeds of which are to be used for costs associated
with the acquisition, rehabilitation or construction of the real property described
HEREIN, which Note shall bear interest at the rate set forth therein with the
unpaid balance of principal together with all accrued and unpaid interest due and
payable February 1, 2020, if not sooner paid.
B. The payment of other sums advanced or costs and expenses incurred by the
Beneficiary under or by virtue of the provisions of this Deed of Trust, together
with interest thereon, and the performance of all of the terms and provisions of a
contract (the "Contract") between Beneficiary and the Borrower pursuant to winch
the Note was issued.
2. Covenants of the Borrower: The Borrower covenants, warrants, and agrees to and witl
the Beneficiary as follows:
A. To pay the principal and interest and other sums of money payable by virtue of
the Note, this Deed of Trust, and the Contract on the days the same become due
and to keep and perform each and every other covenant and agreement in the
Note, Deed of Trust, and Contract.
B. To keep the improvements now existing or hereafter constructed on the real
property insured under an all-risk insurance policy in an amount at least equal iu
the lesser of the full insurable value of any and all such improvements or the
amount of the obligations secured hereby, and maintain at all times worker's
compensation insurance as required under the laws of the State of Colorado. 1 he
Beneficiary shall be designated as a co-insured on all policies of insurance. Ail
insurance shall be carried in companies approved by the Beneficiary and the
policies and renewals thereof shall be held by the Beneficiary and have attached
thereto loss payable clauses in favor of and in form acceptable to the Beneficiary:
in the event of loss, the Borrower will give immediate notice by mail to the
Beneficiary and the Beneficiary may make proof of loss if not made promptly her
the Borrower, and each insurance company concerned is hereby authorized am'.
directed to make the payment for such loss to the Beneficiary instead of the
Borrower and the Beneficiary jointly, and the insurance proceeds or any part
thereof may be applied by the Beneficiary, at its option, either to the reduction of
the indebtedness hereby secured or to the restoration of the improvements or
repair of the property damage. In the event of foreclosure of this Deed of Trust or
other transfer of title to the mortgaged property, all rights, title and interest of r he
Borrower in and to any insurance policies then in force shall pass to the purcht.ser
at said foreclosure sale upon issuance of a Deed pursuant thereto.
Page 2 of 8 Pages
HUHN 111111 111111 IIII 11111111111 III
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C. To permit, commit or suffer no waste, impairment or deterioration of said real
property or the improvements constructed hereon, and to keep all buildings or
improvements now or hereafter constructed on said real property in good
condition and repair and to make any repairs which the Beneficiary, in its sole
discretion, deems necessary for the proper preservation of said real property or
improvements. If the Borrower shall fail to so keep and maintain the real property
or improvements, the Beneficiary, at its option, may cause reasonable repairs and
maintenance to be performed at the expense of the Borrower or may elect to
construe this occurrence as an event of default under Paragraph 4.
D. Not to permit, commit or suffer any destruction, alteration or remo val of the
improvements or any part thereof now or hereafter constructed on said real
property or which may at any time constitute part of the premises without the
prior written consent to the Beneficiary.
E. To promptly comply with or cause compliance with all present and future laws.
ordinances. rules, regulations, and other requirements of all governmental
authorities whatsoever have,jurisdiction of or with respect to the real property in
any portion thereof or improvements thereon or the use or occupancy thereof
F. To pay, from time to time, whenever the same shall come due, all claims, taxes
and assessments and all lawful claims and demands of mechanics, materialmer,
laborers and others, which, if unpaid, might result in or permit the creation of a
lien on the mortgaged property or any part thereof, or on the revenues, rents.
issues, income and profits arising therefrom and in general, to do or cause to b,
come everything necessary so that the lien hereof shall be fully preserved without
cost or expense to the Beneficiary as a first and prior lien against the real properly
described HEREIN.
G. To remove or cause to be bonded in a manner satisfactory to the Beneficiary al I
liens or encumbrances of every kind of character claimed to be prior to this Deed
of Trust and, on request, exhibit to the Beneficiary evidence of the discharge an I
satisfaction or bonding or such liens.
1I. To permit the Beneficiary to make physical inspection of the real property, and
any buildings or improvements constructed thereon at any reasonable time upon
the request of the Beneficiary.
To pay, if this Deed of Trust is foreclosed through the Public Trustee or throup.h
the courts or in the event collection efforts are commenced by an attorney for such
purpose, a reasonable attorney's fee even though a fore closure proceeding or
notice of election and demand is not filed. In any of the foregoing events, i he
Beneficiary shall also be paid by the Borrower for all additional costs incurred
Page 3 of 8 Pages
1111111111111111111111111111 MB III 11111 IIII IIII
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J. To appear in the defend any action or proceeding affecting or purporting to affect
the real property, the buildings and improvements constructed thereon or to be
constructed thereon or to be constructed hereon, the fixtures, chattels, and
personal property heretofore referred to, the priority of this Deed of Trust as a i ii st
lien against such property, or the Beneficiary's rights therein or thereunder. and io
pay or reimburse the Beneficiary for all costs and expenses, including attorney s
fees, incurred by the Beneficiary as a result of any such action or proceeding
which it may be required to defend.
K. In the event of non-completion of the project, within the time specified in the
contract, the Beneficiary shall have the option to declare non-completion an event
of default under Paragraph 4.
3. Eminent Domain: If the real property described HEREIN, or any portion thereof, shall be
condemned or taken from public use under the power of eminent domain, or in the even_
that the property shall be damaged by public risks or private acts, all awards, damages.
and compensation therefor shall be paid to the Beneficiary and may be applied to the
principal indebtedness. If, however, at the time said payments are made, a foreclosure
proceeding with respect to said real property shall be commenced by the Beneficiary,
then such damages or compensation shall ben paid to the Public Trustee or Sheriff, as he
case may be, for the use and benefit of the holder of the Certificate of Purchase, and any
such award shall be applied against the amount necessary to redeem said real property
and if no such redemption be effectuated, then the amount of any such award shall be he
sole and exclusive property of the holder of the Certificate of Purchase upon issuance id a
Deed pursuant to such foreclosure.
4. Events of Default: The following constitute events of default:
A. Any failure or neglect to comply with any of the terms, conditions, warranties and
provisions of this Deed of Trust or of the Contract;
B. Any failure or neglect to promptly perform any of the stipulations, agreements.
conditions, and covenants of the Note;
C. Any failure to pay when due any sums of money due under the Note or herein
referred to;
D. Any warranty, representation or statement furnished to the Beneficiary by or on
behalf of the Borrower or any of them, proves to have been false in any rnaterial
respect when made or furnished.
E. If the Borrower shall: (i) apply for or consent to or have appointed a receiver,
Page 4 of 8 Pages
111111111111111111111111IIII LIMB III NIT
IIII
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trustee or liquidator of the Grantee or of all or substantially all of its assets; or i ii)
)
file a voluntary petition in bankruptcy, is adjudicated as bankrupt, or files a
petition or institutes any proceedings under the National Bankruptcy Act; or (ii�)
makes a general assignment for the benefit or creditors; or (iv) files a petition or
an answer seeking a reorganization or an arrangement with creditors or takes
advantage of an insolvency law, or (v) files an answer admitting the material
allegations of petition filed against said Borrower in any bankruptcy,
reorganization or insolvency proceeding; or (vi) upon death, dissolution.
termination of existence, or insolvency of Borrower.
5. Remedies: In case of any event of default, the Beneficiary shall and may exercise any ,)I
all of the remedies set forth below, in accordance with and not in limitation of those
otherwise conferred by or existing under applicable law. Each such remedy shall be
cumulative and shall be in addition to every other remedy existing under this Deed of
Trust, the Note or the Contract or at law or equity or by statute.
Each of such remedies may be exercised from time to time and as often as may be
deemed expedient by the Beneficiary. Such remedies are as follows:
A. The Beneficiary may declare the aggregate sum set forth in the Note then
remaining unpaid together with all accrued interest and all other sums secured
hereby immediately due and payable.
B. The Beneficiary may take possession and control of said premises and complete
the construction of said improvements and perform such acts thereon or in
connection therewith as the Beneficiary may deem necessary or advisable and
pursuant thereto expend any undisbursed funds in the construction loan accoun
and such additional funds as in its sole discretion it shall deem necessary for such
purposes, all of which shall be secured by the lien of this Deed of Trust.
C. The Beneficiary may collect and receive any and all rents, issues and profits of
said premises and may apply the same to the indebtedness secured hereby in au}
manner or to the repair or maintenance of the premises or both.
D. The Beneficiary may apply for and obtain, either in its own name or through the
Trustee, exparte and without notice(notice being expressly waived hereby), tilt
appointment of a receiver for the premises and for rents, issues and profits
therefrom, and may have such receiver appointed as a matter of right without
regard to the insolvency of any person, or the adequacy of any security or the
existence of waste. The Beneficiary may have sums received by such receiver.,
after deduction and payment of the costs and expenses of such receivership,
including the attorney's fees of the Beneficiary, applied to the indebtedness
secured hereby in such manner and order as the Beneficiary may request and t(
Page 5 of 8 Pages
I111111VIII111111111111IIII RUNE III VIII1111IIII
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the completion and preservation of the Improvements.
E. The Beneficiary may file notice with the Trustee declaring such default and its
election and demand that said property by advertised for sale and sold, arid
thereupon the Trustee shall sell and dispose of said premises in accordance with
the laws of the State of Colorado. The Trustee, out of the proceeds of such sal(,
after first paying and retaining all fees, charges, and costs of making such sale,
shall pay to the Beneficiary the principal and interest due on the Note and all
monies advanced for insurance, taxes, assessments, repairs, maintenance. utilities
and such other charges provided herein, together with interest thereon at the rate
of Twenty Four percent(24%) per annum, rendering the surplus, if any, first wan
any subsequent lienors and then to the Borrower in accordance with statutes of the
State of Colorado.
The Beneficiary may be the purchaser of the property at any such foreclosure sale,
but such purchase shall in no way be deemed a waiver of its right to pursue the
collection of a deficiency that may be owed on the Note.
F. The Beneficiary, with regard to the fixtures, chattels, and personal property, m.:)
exercise from time to time any and all rights and remedies available to it as a
secured party under the Uniform Commercial Code of Colorado and any and all
other rights and remedies available to it under any other applicable law and up.r
request or demand of the Beneficiary, the Borrower shall, at the expense of the
Borrower, assemble the fixtures, chattels, and personal property and make then
available to the Beneficiary at a reasonably convenient place designated by the
Beneficiary.
6. General:
A. No waiver by the Beneficiary of any default shall operate as a waiver of any other
default or of the same default on a future occasion. No delay or omission on the
part of the Beneficiary in exercising any right or remedy shall operate as a waiver
thereof, and no singular or partial exercise by the Beneficiary of any right or
remedy shall preclude any other or future exercise thereof or the exercise of an
other right or remedy. The provisions of this Deed of Trust are cumulative and .n
addition to the provisions of the Note secured hereby and all other instruments
securing the Note. All rights of the Beneficiary hereunder shall inure to the
benefit of its successors and assigns and all obligations hereunder of Borrower
shall bind the heirs, successors, legal representatives and assigns of the Borrow er.
B. Upon payment of all of the indebtedness secured hereby and full performance
hereof by the Borrower, the Beneficiary shall promptly, after written notice front
the Borrower, execute and deliver to the Borrower a request for the release of this
Page 6 of 8 Pages
111111111111111111111111 Iill IIIII 111111 III 111111111 IIII
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Deed of Trust directed to the Trustee. 'Ile borrower shall, however, pay all co,1 s
and expenses in connection with the recordation and execution of said release.
C. The paragraph headings are inserted herein solely for the purpose of convenient
reference, and shall in no way affect the meaning and purposes of the provisioi s
hereof.
D. If any term, covenant or condition of this Deed of Trust of the application then of
to any person or circumstances shall be invalid or unenforceable, the remainder of
the terms, covenants, and conditions hereof and the application of any term,
covenant and condition hereof to any other person or persons shall not be affected
thereby and each term, covenant and condition hereof shall be valid and
enforceable to the fullest extent permitted by law.
E. This Deed of Trust, the Note, Contract, and all other documents executed and
delivered in connection herewith shall be construed and enforced in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust this ? < __
day of r-,1)((.L I , 2000.
William R. Wailes, Jr.
STATE OF COLORADO
COUNTY OF ,CY�/i ss.
The foregoing instrument was acknowledged before me this 2 Q day of_CLc 4,11
2000,'by'William R. Wailes, Jr.
Witness my hand and official seal.
Notary Public
My'commission expires: -L/774-1,2-5_
111111111111111111111111IIII11111111111III1111111111111
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Page 7 of 8 Pages
Jc R. Moser
STATE OF COLORADO
COUNTY OF LA 40_ _ ss.
The foregoing instrument was acknowledged before me this 2 day of - A
2000, by John R. Moser.
Witno;S my hand and official seal.
Notary Palic
My commission expires: VA, -3
4 _
Richard A. Nichols
STATE OF COLORADO
COUNTY OF ((k _ ss.
i
The foregoing instrument was acknowledged before me this 2 q day oh_ tyv
2000,by Richard A. Nichols.
Witness, my hand and official seal.
Jil G /Y hb
Notar9'Public
My commission expires: (////ice/C
1 IMO 11111 111111 111111 IIII 11111111111 III 111111111 IIII
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Page 8 of 8 Pages
WELD COUNTY HOUSING AUTHORITY
PROMISSORY NOTE
FOR VALUE RECEIVED, WILLIAM R. WAILES, JR., JOHN R. MOSER. RICHARD
A. NICHOLS, whose address is 12954 WCR 43. Hudson, Colorado 80642, (referred to
collectively as the "Borrower", which term shall also include successors in interest), promises to
pay to the Weld County Housing Authority, a political subdivision of the State of Colorado, i the
"Beneficiary"). the principal sum of One Hundred Thousand DOLLARS AND NO/100
($100,000.00), pursuant to the Loan Contract hereinafter referred to, and to pay interest on the
principal balance outstanding from February 1, 2000, until the Note is paid in full (20 years) at
the rate of Three (3) percent per annum (monthly payments being $554.60). All interest
hereunder shall be calculated on the basis of a 350-day year, actual day elapsed.
The loan evidenced by this note is being made to finance certain costs in connection with
construction of residential housing facilities, located. or to be located on the real property
described HEREIN BY LEGAL DESCRIPTION:
Lots "A" and "B" of Recorded Exemption No. 1213-28-02-RE-2570, accordine to the
plat recorded November 23, 1999, as Reception No. 2734386, being a portion of the E'.4E`/ of
Section 28, Township 3 North, Range 65 West of the 6"' P.M., Weld County, Colorado.
'this Note is secured by a Deed of Trust encumbering the real property described above.
The terms, conditions, covenants, provisions, stipulations, and agreements of said Deed of Trusi
and the Loan Contract are hereby made a part of this Note by reference in the same manner and
with the same effect as if they were fully set forth herein, and the Borrower hereby covenant; arid
promises to abide by and comply with each and every covenant and condition set forth in this
Note, the Deed of Trust and Loan Contract.
Terms and Conditions of this Note shall include:
A. The payment of the principal and interest until the entire indebtedness evidenced
by this Note is fully paid; provided, however, if not sooner paid, the entire
principal amount outstanding and accrued interest thereon, shall be due and
payable on February 1, 2020.
B. The payment of other sums advanced or costs and expenses incurred by the
Beneficiary under or by virtue of the provisions of this Deed of Trust, together
with interest thereon.
C. All terms and provisions contained in the contract between the Borrower and
Beneficiary are incorporated herein as if fully stated.
The Borrower reserves the right to prepay all or any part of the principal owing on this
Note at any time or times prior to maturity without notice and payment of any premium or
Page 1 of 4 Pages
penalty.
Upon the occurrence of any of the following events, the entire unpaid principal hereof.
together with all accrued interest thereon, shall, at the option of the Beneficiary, and without
notice, become at once due and payable (and no failure by the Beneficiary to exercise such
option shall be deemed or construed as a waiver of the right to exercise the same in the event of
any subsequent default or breach):
1. Any default in the payment, when due, or any part of the principal or interest
hereunder.
2. Any breach or failure of the Borrower to perform within the allotted time any tern:
or condition of the Loan Contract, the Deed of Trust, or any other instrument
securing to the Beneficiary payment of performance of any obligation of the
Borrower.
3. If the Borrower shall be involved in financial difficulties as evidenced: (i) by an
admission in writing of the Borrower's inability to pay its debts generally as they
become due; (ii) by filing a petition in bankruptcy or for the adoption of an
arrangement under the National Bankruptcy Act (as now or in the future
amended) or an admission seeking the relief therein provided; (iii) by making an
assignment of the benefit of creditors; (iv) by consenting to the appointment. of a
receiver or trustee for all or a substantial part of the Borrower's assets or to the
filing of a petition against the Borrower under said Bankruptcy Act; (v) by being
adjudicated as bankrupt; (vi) by the entry of a court order appointing a receiver or
trustee for all or a substantial part of the assets of the Borrower or approving as
filed in good faith a petition filed against the Borrower under said Bankruptcy
Act; (vii) by the assumption of custody or sequestration by a court of competent
jurisdiction of all or substantially all of the assets of the Borrower; (viii) by an
attachment for an amount in excess of$25,000 on any substantial part of the
assets of the Borrower which shall not be discharged within thirty (30) days from
the making thereof; or (ix) by a judgment or decree for the payment of money in
excess of$25,000 being entered against the Borrower, or if an attachment,
execution or levy is made upon any of the Borrower's assets and the judgment,
execution or levy, as the case may be, is not discharged or stayed within thirty
(30) days from the date of the judgment. attachment, execution or levy as the easy
may be.
4. If the Borrower shall have made any misrepresentation of a material nature in its
application for the Loan, or in any document furnished by it to the Beneficiary
relative to the Development.
5. If there is pending or threatened litigation with respect to the Loan or the
performance by the Borrower of any of its duties or obligations hereunder.
Page 2 of 4 Pages
6. If the Borrower does not strictly comply with any provisions of the Colorado
Housing Act of 1970, as amended, the Beneficiary's Guidelines and Priorities anti
the policies and procedures of the Beneficiary.
7. If the Development cannot proceed because of inability to continue land option o,
secure zoning or due to any action by any branch of government which impairs
use of the property herein described for proposed Development purposes.
8. If the Beneficiary determines that the Borrower has abandoned or discontinued
the initiation, construction or rehabilitation of the Development.
The Borrower, and any and all endorsers, sureties, guarantors and assumes hereof hereby
jointly and severally waive presentment, demand, protest, notices of dishonor and of protest, the
benefits of homestead, and all other waivable exemptions, and all defenses and pleas on the
ground of any extension(s) of the time of payment or of the due dates of this Note, in whole or in
part, before or after maturity, with or without notice, it being further agreed by the Borrower anti
all such parties that they will pay any collection expense, court costs, and reasonable attorneys'
fees which may be incurred in the collection or enforcement of this Note or any part thereof.
This document shall be governed by the laws of the State of Colorado and arty dispute
regarding its terms and conditions shall be resolved in the District Courts of the State of
Colorado.
Signed this ?q day of CMA Oft C", , 2000.
William R. Wailes, Jr.
STATE OF COLORADO
COUNTY OF vJi tcL ss.
The foregoing instrument was acknowledged before me this 2 y day of i.gsj f C'_
2000, by William R. Wailes, Jr.
Witness my hand and official seal.
U )j L) -
Notar Public
My commission expires: 7/4,2�D
Page 3 of 4 Pages
ci, , 2,ptitira.,_
hn R. Moser
STATE OF COLORADO
COUNTY OF 1A J4 ss.
i
The foregoing instrument was acknowledged before me this 79 day of c—- )n le j1 i i
2000, by John R. Moser.
Witness my hand and official seal.
Notar , ublic
My commission expires: <-//k/C 3
(.
Richard A. Nichols
STATE OF COLORADO
COUNTY OF I.( r( , ss.
The foregoing instrument was acknowledged before me this A) day of c0o1!{a4 ;.
2000. by Richard A. Nichols.
Witness my hand and official seal. 7
Ud -( '
Notai Public
My commission expires: L///6/D3
/
Page 4 of 4 Pages
OFFICE OF BOARD OF COMMISSIONERS
915 10TH STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
C. PHONE: FAX:970-356-4000, EX-35 4200
"gill FAX: 970-352-0242
COLORADO
May 24, 2001
Mr. Tom Hart, Director
Colorado Division of Housing
Department of Local Affairs
State of Colorado
1313 Sherman Street, Room 518
Denver, Colorado 80203
Dear Mr. Hart:
In December of 1999, Greeley/Weld Housing Authorities (acting for the Weld County Housing
Authority and Weld County) entered into contract HOHDG00014 with the Division of Housing to
receive a grant of$100,000. The contract stipulated that the grant be lent to Morwai Dairy at 3%
interest for a 20-year term. This money was to fund the construction and rehabilitation of an
eight-unit, low income rental facility for Morwai Dairy in Hudson, Colorado. The contract further
stipulated that repayments were to be held by the Housing Authority and used for future development
of farm worker and migrant labor housing.
As you know, Morwai Dairy defaulted on the contract and did not produce the housing as agreed.
The Housing Authority requested full repayment of all funds advanced to them. The Housing
Authority has received those funds ($94,309.47).
In accordance with the contract, we request to retain the repaid funds and to draw an additional
$5,690.53 (the full sum of the grant)and use these funds to assist in the development of farm worker
and migrant worker housing in Weld County. The further use of these funds will be in accordance
with the original contact and special provisions of the scope of services outlined in the contract
regarding affordability, long-term affordability, and deed use restrictions.
Sincerely,
BOARD COUNTY COMMISSIONERS
rf
M. J Geile, Chair
cc: Tom Teixeira
Don Warden
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