HomeMy WebLinkAbout961508.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DISTRIBUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FOR CONSTRUCTION OF NEW FACILITY WITH NORTH
COLORADO MEDICAL CENTER FOUNDATION 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 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 North Colorado Medical Center Foundation, with terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement for Distribution of Community Development Block
Grant for Construction of New Facility between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and the North Colorado Medical
Center Foundation 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 26th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLO DO
F i b I Li/
f _4/ a S�f � Z
I (---
cr Barbara J. Kirkmeyr, Chair• l/
C my Clerk to the Board
'+ FXCI ISFf f)ATF OF SIfNINf (AYF)
/ rge E. Baxter, Pr Te
Deputy Cler o the Board
ale K. Ha
OVED AS TO F (-,4.7.7< e-G , 7. ..✓—<
Constance L. Harbert
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AGREEMENT FOR DISTRIBUTION OF COMMUNITY DEVELOPMENT
BLOCK GRANT FOR CONSTRUCTION OF NEW FACILITY
THIS AGREEMENT is made and entered into thi&2(v day of August, 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 North Colorado Medical Center Foundation, whose address is 1801 16th
Street, Greeley, Colorado 80631, hereinafter referred to as "Foundation."
WITNESSETH:
WHEREAS, County, through the Community Development Block Grant ("CDBG")
Program, has available the sum of$500,000 which has been designated to go to Foundation for the
construction of a new children's clinic facility located in Greeley, Colorado, and
WHEREAS, it is necessary under the CDBG Program to have a written agreement between
the parties to accurately define the relationship and responsibilities between the governmental entity
(County) and the recipient of the block grant (Foundation), and
WHEREAS,the CDBG funds are now available and,therefore,the parties hereto now desire
to enter into this Agreement in order to commence the project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. CDBG FUNDS:
County, through the CDBG Program, shall provide to Foundation CDBG funds in
the sum of$500,000 for the construction of a new children's clinic facility to be
constructed in Greeley, Colorado. The payment of said funds by County to
Foundation is subject to the terms and provisions set forth in this Agreement, and in
particular the condition of continued use detailed in paragraph 11. of this Agreement.
2. SCOPE OF WORK:
This project consists of the construction, in accordance with the construction
documents developed by Davis Partnership P.C., Architects, of a building to house
a medical clinic for children in Weld County. County shall serve as the contractor
for this project and shall apply the $500,000 block grant to the cost of said
construction. Any monies necessary for said construction which are in addition to
said$500,000 block grant shall be paid solely by Foundation, for which Foundation
certifies to County that it has funds available from sources such as donations,
foundations, grants,or loans. No change orders to the original construction contract
Page 1 of 4 Pages
961508
shall be approved by County without the written concurrence of Foundation. The
contract between County and the construction company chosen to construct said
building shall specifically state that Foundation is a third-party beneficiary of said
contract and may enforce any of the rights of County as stated therein.
3. PAYMENT:
Foundation shall reimburse County within ten (10) days of billing for any project
costs not paid for by CDBG funds.
4. INSPECTION:
Foundation shall have the right to inspect said construction,provided such inspection
is conducted at reasonable times and in a reasonable manner. Foundation shall
provide a project manager for the project to serve as the Foundation representative
to the general contractor doing the construction work.
5. ACCOUNTING:
County shall establish and maintain a separate set of accounts for the construction
phase of the project to assure that the program funds are expended and accounted for
in a manner consistent with this Agreement, with the law of the state of Colorado,
and with any and all requirements of the United States Department of Housing and
Urban Development.
6. RIGHT OF AUDIT:
Foundation shall have the right to audit said project's construction account and/or
operating account at reasonable times during and after construction.
7. REPORTING:
The County shall submit to Foundation a quarterly fiscal report sufficiently detailed
to indicate progress made and all payments made in the course of that reporting
period. Each report shall be submitted by the 10th day after the end of each quarter,
starting after the first month of construction and ending the month after completion
of construction.
8. NO WARRANTY:
Through this Agreement and through its work as contractor for the construction
contemplated herein, the County does not provide or promise to Foundation or its
clients any warranty with the respect to the labor and materials used in construction,
Page 2 of 4 Pages
9615'18
the finished building, and the fitness and suitability of the building for the purpose
for which it is being built.
9. NO WAIVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care that did not
previously exist with respect to any person not a party to this Agreement.
10. ENTIRE AGREEMENT/MODIFICATION:
This Agreement contains the entire agreement between the parties hereto and
supersedes any other agreements concerning the subject matter of this transaction,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties.
11. CONDITION OF CONTINUED USE:
Foundation agrees that during a period of five(5)years following the date of closeout
of the project by the State of Colorado,no change may be made in the use or planned
use of the building to be constructed unless; 1) the State determines the new use
meets one of the national objectives of the CDBG program, and 2) the County
provides affected citizens with reasonable notice and an opportunity to comment on
any proposed changed.
If the County and Foundation decide, after consultation with affected citizens, that
it is appropriate to change the use of the building to a use which the State determines
does not qualify in meeting a CDBG national objective, the Foundation must
reimburse to the County an amount equal to the current fair market value of the
property, less any portion of the value attributable to expenditures of non-CDBG
funds for the construction of the building.
At the end of the five (5) year period following the project closeout date and
thereafter, no State restrictions on use of the property shall be in effect.
12. DEED TO FOUNDATION:
After the construction of the building which is the subject of this Agreement is
complete, County shall transfer by quit claim deed to Foundation any ownership
interest it has in said building. Said transfer shall take place after the certificate of
occupancy to said building has issued.
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961598
DATED this i6' aay of August, 1996.
1
4 iideth: � COUNTY OF WELD, STATE OF
aCOLORADO BY AND THROUGH THE
�a r ur
ttsl (f er
j, :j j $ O THE BOARD OF BOARD OF COUNTY COMMISSIONERS
'- I`, 4O 7 COMMISSIONERS OF THE COUNTY OF WELD
O
•
)l k Th Cc, BY _ .ty-://
ai� `'`_'
Deputy Cler o the Board arbara J. Kirkmeyer, Chair ,g�,?6/1/1
NORTH COLORADO MEDICAL
CENTER FOUNDATION.
BY
SUBSCRIBED AND SWORN to before me this 1 day of 01/1 V,s:4 , 199jc .
WITNESS my hand and official seal.
,.,..,_ -LIM_AlAt.iniattifillAS
Notary Public
My commission expires: 6/a/99
AGREE\NCMCF.DB
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