HomeMy WebLinkAbout972044.tiffRESOLUTION
RE: APPROVE DOWN PAYMENT ASSISTANCE AGREEMENT 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 a Down Payment Assistance
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and
the High Plans Housing Development Corporation, commencing August 25, 1997, and ending
June 30, 1998, with further 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, ex -officio Housing Authority Board, that the Down Payment Assistance
Agreement between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and
the High Plains Housing Development Corporation 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 22nd day of September, A.D., 1997, nunc pro tunc August 25,
1997.
AP
y Clerk to the Board
ex- .` tnfl
BOARD OF COUNTY COMMISSIONERS
WELD QOUNTY,COLORADO
3eorge'E. Baxter, Chair
(�"/�a��� u�
nce L. Harbe Pre-Tem
,iDt K. Hall
/Jr/
Barbara J. Kirkme er
'AM- 7
W. H. Web er
972044
HA0017
HOME OWNERSHIP ASSISTANCE AGREEMENT
THIS AGREEMENT is made this rd. day of O9OO2 1997, by
and between the Weld County Housing Authority, P.O. Box A, Greeley, Colorado 80632,
hereinafter referred to as "Weld County" and High Plains Housing Development Corp.,
hereinafter referred to as "High Plains HDC", 2448 1st Ave., Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Weld County, administers a Home -Ownership Down Payment
Assistance Program from said certain funding sources; and
WHEREAS, Weld County is authorized to administer the State of Colorado HOME and
CDBG Program to conduct certain Home -Ownership Down Payment Assistance Program
activities; and
WHEREAS, High Plains HDC desires to voluntarily enter into an agreement with Weld
County to carry out certain administrative functions of Weld County's Home -Ownership Down
Payment Assistance Program in accordance with the requirements of said Program and all
applicable laws and regulations; and
WHEREAS, required approval, clearance and coordination of this Agreement has been
accomplished from and with the Colorado Division of Housing.
NOW THEREFORE, High Plains HDC and Weld County do hereby agree, covenant and
promise as follows:
1. TERM: This Agreement shall be effective August 25, 1997, and shall expire June 30,
1998. High Plains HDC agrees that time is of the essence in their performance of its
obligations under this Agreement, and that completion of the Project shall occur no later
than the termination date of June 30, 1998. Each party may terminate this Agreement at
any time by giving a ninety (90) day notice of its intent to terminate to the other party in
writing.
2. SERVICES PROVIDED BY HIGH PLAINS HDC: High Plains HDC agrees to perform
the administrative functions of Weld County's Home -Ownership Down Payment
Assistance Program (the "Program") in accordance with the requirements of said Program
and all applicable laws and regulations. In connection with administration of the
Program, High Plains HDC agrees to do the following:
a. Establish written policies which define the criteria and procedures for the
administration of the program. Such policies shall include the following
provisions:
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o All loans shall be provided at a 5% interest rate amortized for a 10 year period;
o All loans shall be secured by a Promissory Note and Deed of Trust; and
o Before property transfer, the prospective property must be inspected to assure
that Section 8 Housing Quality Standards are met based on 24 CFR 982.401.
b. Market the Home -Ownership Down Payment Assistance Program to the general
public, realtors and the home mortgage industry. Such marketing shall include:
o The development of program literature;
o Individual telephone calls to solicit interest from realtors and home mortgage
lenders;
o The development of press releases and radio, and cable TV announcements; and
o Making presentations to the general public.
c. Assure compliance with all Agreementual provisions detailed in Exhibit "A"
which is attached to this Agreement.
d. Determine the eligibility of all prospective borrowers. Applicants shall not have
an annual income which exceeds the Moderate Income limits as defined for Weld
County in Exhibit "B" which is attached to this Agreement.
3. PAYMENT FOR SERVICES: Weld County agrees to pay High Plains HDC in
consideration of work and services contemplated herein, a total amount not to exceed
Seven Thousand Dollars ($7,000.00) during the Agreement period. These amounts may
only be drawn based on the proportion to the number of loans closed. This amount shall
be $280.00, but no more than a totat of $7,000.00 for the program year. Expenses
incurred by the Agreementor, in association with said project prior to execution of this
Agreement, are not eligible Home Ownership Down Payment Assistance expenditures
and shall not be reimbursed by Weld County.
4. FUNDING: A total of Ninety Four Thousand Dollars ($94,000.00) is available for
Down Payment Assistance for 25 eligible borrowers. These funds shall be dispersed to
High Plains HDC upon the receipt of disbursement requests from High Plains HDC to
Weld County. This Agreement is contingent upon receiving administrative funding in an
amount acceptable by Weld County from the State of Colorado or other pertinent funding
sources. In the event that funds are not provided by the State, this Agreement shall
become null and void. No portion of this agreement shall be deemed to create an
obligation on the part the Weld County, to expend funds not appropriated in each
succeeding year.
5. PROGRAM INCOME: The Project will generate income ("Program Income"). It is the
intention of the Colorado Department of Local Affairs that the Program Income will be
used in the following manner: All revenues received by the beneficiaries of the Home
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ownership Down Payment Assistance Program shall be considered Program Income.
Program Income includes, but is not limited to, principal and interest payments and
proceeds form the sale of properties financed with funds provided through the
Homeownership Down Payment Assistance Program. Program Income which is
generated by the Program shall be used for additional Home Ownership Down Payment
Assistance, including related administrative expenses. A minimum of 80 % of Program
Income must be used for Down Payment Assistance, while 20% of Program Income may
be used for administrative costs of subsequent Down Payment Assistance Projects.
6. PROGRAM REPORTING: Program reports will be required monthly and at the
conclusion of the project. These reports shall describe and evaluate any difficulties
encountered in accomplishing the specifics of the Project and suggest any improvements.
High Plains I DC will submit a single financial and program narrative report detailing the
progress of the Project at the completion of the Project for each funding source.
7. FINANCIAL MANAGEMENT: At all times from the effective date of this Agreement
until completion of this Agreement, High Plains HDC shall comply with the
administrative requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual
audit of all funds expended under the Home Ownership Down Payment Assistance
Program must conform to the Single Audit Act of 1984 and OMB Circular A-128.
8. PROGRAM MONITORING: High Plains HDC and Weld County agree that monitoring
and evaluation of the performance of this Agreement shall be conducted by the Colorado
Department of Local Affairs, other appropriate funding sources, High Plains HDC, and
Weld County. The results of the monitoring and evaluation shall be provided to the
Board of Weld County Commissioners and the Executive Board of High Plains HDC. As
the monitoring agency may in its sole discretion deem necessary or appropriate, such
monitoring may consist of internal evaluation procedures, examination of program data,
special analyses, on -site checking, formal audit examinations, or any other reasonable
procedures. All such monitoring shall be performed in a manner that will not unduly
interfere with agreement work.
9. RESPONSIBLE PERSON: The performance of services on behalf of High Plains HDC
shall be under the direct supervision of Thomas Teixeira. At any time the designated
responsible person is no longer directly responsible for this project, all service shall be
suspended until an acceptable replacement shall be assigned by High Plains HDC and
agreed to by Weld County.
10. INDEPENDENT AgreementOR: High Plains HDC acknowledges that it is an
independent Agreementor for the purpose of performing its duties pursuant to this
agreement. High Plains HDC agrees, on behalf of itself, its Board of Directors, that its
employees are not and shall not as a result of their work towards the execution of this
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Agreement become employees of Weld County and, therefore, are not entitled to any
employee benefits.
11. INDEMNIFICATION: Weld County, the Board of Commissioners of Weld County, and
the Weld County Housing Authority, officers and employees, shall not be held liable for
any injuries or damages caused by negligent acts or omissions of High Plains HDC or its
employees, volunteers, or agents performing High Plains HDC duties as described in this
Agreement. High Plains HDC shall indemnify, defend, and hold harmless Weld County,
its officers and employees, for any loss occasioned by or a result of the performance of
this Agreement by High Plains HDC, its employees, volunteers, and agents.
12. NO WAIVER OF IMMUNITIES: No portion of this agreement shall be deemed to
constitute a waiver of any immunities which the parties or their officers or employees
may possess, nor shall any portion of this Agreement be deemed to have created a duty of
care with respect to any person not a party to this agreement.
13. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or phrase of
this agreement is for any reason held or decided to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions. Parties hereto declare that
they would have entered into this Agreement and each and every section, subsection,
paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or
more sections, subsections, paragraphs, clauses, or phrases herein might be declared
unconstitutional or invalid, for any reason.
14 AUDIT: High Plains HDC agrees that at any time during the term of this Agreement,
Weld County, the State of Colorado or any pertinent funding source may conduct a
performance or financial audit of High Plains HDC records pertaining to the
administration of the Home Ownership Down Payment Assistance Program and High
Plains HDC's obligation under this Agreement, provided that such audit is conducted at
reasonable time and in reasonable manner. High Plains HDC shall be responsible for
remedying any program and/or audit findings which are detected. In the event that
Program funds have been improperly applied, diverted or otherwise used in violation of
State or local laws or regulations, High Plains HDC shall upon demand immediately pay
such improperly used amounts to Weld County.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
SEAL:
Attest
By:
ATTEST: �
Weld County C
D-puty Clerk to
APPROVED AS TO FORM:
Barker, W-ld County Attorney
M:\WPFILES\AGREE-IIGPL.BTB
HIGH PLAINS HOUSING
DEVELOPMENT CORPORATION
Ric rd Lengel, Chairmari
WELD COUNTY HOUSING
AUTHORITY
Geor•e E. Baxter, Chairman
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9/;w/q7j
972044
a;t4
WDc.
COLORADO
TO:
FROM:
SUBJECT:
DATE:
George E. Baxter, Chair, Board of County
Commissioners
Judy Griego, Director, Dppart njYnt,gf
Social Services
Down Payment Assista
September 15, 1997
As may recall, the State Division of Housing has awarded Weld County $105,600 for the
Home -ownership Down Payment Assistance Program. Of the total amount, $97,200 will be
available for down payment assistance, while $8,400 is budgeted for administration of the
program. This contract expands the down payment assistance program currently being
administered by High Plains Housing Development Corporation to the balance of Weld
County.
Through this contract, down payment assistance will be provided to 28 households in
Weld County during a twelve month period.
High Plains Housing Development Corporation will be used as the administering agency to
determine the eligibility of the applicants for the program and for homeownership
education.
An Agreement has been signed by the High Plains Housing Development Corporation
Board and details High Plain's administrative responsibilities. The Agreement is now
presented to the Board for your approval.
Staff is recommending Board approval of the revised Down Payment Assistance
Agreeement with High Plains Housing Development Corp.
Please call me at extension 6200 if you have any questions.
972044
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