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Home My WebLink About20180209.tiffRESOLUTION RE: APPROVE AGREEMENT GRANT FOR PURCHASE OF PROPERTY AND AUTHORIZE CHAIR TO SIGN - HABITAT FOR HUMANITY OF THE SAINT VRAIN VALLEY, INC. 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 Grant Agreement for the Purchase of Property 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 Habitat for Humanity of the Saint Vrain Valley, Inc., commencing upon full execution of signatures with further terms and conditions being as stated in said grant agreement, and WHEREAS, after review, the Board deems it advisable to approve said grant 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 Grant Agreement for the Purchase of Property 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 Habitat for Humanity of the Saint Vrain Valley, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of January, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditif4A,) Xlito: er. Weld County Clerk to the Board BY: Deputy Cler APPR•V County Attorney Mike Freeman Date of signature: a/ -a5-1$" Steve Moreno, Chair ara Kir meye , Pro-Tem can P. C• nway CG: Ha.CTT ,CXCTCSC) 03-15-18 2018-0209 HA0031 GRANT AGREEMENT BETWEEN WELD COUNTY HOUSING AUTHORITY AND HABITAT FOR HUMANITY OF THE SAINT VRAIN VALLEY THIS AGREEMENT is made and entered into this day of January, 2018, by and between the Board of County Commissioners, on behalf of the Weld County Housing Authority ("Housing Authority"), and Habitat for Humanity of the Saint Vrain Valley, a nonprofit corporation ("Habitat"). WHEREAS, the Housing Authority has certain non-federal and non -state funds available for this grant. WHEREAS, Habitat is under contract to purchase the property located at 801 Glen Dale Street, Dacono, CO 80514, and described as DAC 1 GL -53 L53 Glens of Dacono Unit 1 Hereinafter referred to as the "Property", and WHEREAS, the Housing Authority agrees, pursuant to the terms of this Agreement, to grant to Habitat $50,500 for the purpose of purchasing the Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Housing Authority Obligations. The Housing Authority, as soon as practicable upon full execution of this Agreement, and receipt of a copy of the deed showing ownership of said property shall cause $50,500 to be transferred to Habitat. 2. Habitat Obligations. a. Habitat agrees to take all action necessary to Agreement for the sole purpose of purchasing funds are needed to complete the transaction, funds as necessary, with no further obligation complete the purchase of the Property within this Agreement. use the funds transferred pursuant to this the Property. To the extent that any other Habitat agrees to provide or procure such from the Housing Authority. Habitat shall 120 days of transfer of funds pursuant to b. Habitat agrees to complete construction of a single family residential home on the Property, including the issuance of a Certificate of Occupancy, within five years of the transfer of funds pursuant to this Agreement. Habitat shall ensure that all necessary utilities are included, and shall obtain all necessary local and State permits, as applicable. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by all parties, and shall continue through and until Contractor's completion of the 2018-0209 c `) (in 4-14 oiczl responsibilities described herein. 4. Non -Assignment. Habitat may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of the Housing Authority. 5. Breach. Should the Housing Authority refuse or fail to meet any of its obligations under this Agreement, Habitat may terminate this Agreement without further obligation or liability by either party. Should Habitat refuse or fail to meet any of its obligations under this Agreement, the Housing Authority may terminate this agreement upon 60 days' notice, and/or demand Habitat refund all funds transferred pursuant to this Agreement. Habitat shall make such refund within 120 days of receiving such demand. 6. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 7. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 8. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 9. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 10. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 11. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 13. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. Acknowledgment. The Housing Authority and Habitat acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 541" day of , 2018. By: FOR HUMAN Y OF SAINT VRAIN VALLEY: Date Name: 1:12,.,, A C„ticrson Title: G cct J%;crcAor 115 1c)org WELD COUNCCTYY HOUSING AUTHORITY: , , ATTEST: l�o-e. Weld County C erk to the Board WFL . COUNTY, COLORADO BY: eputy Clerk to the Bo BOARD OF COUNTY COMMISSIONERS Steve Moreno, Chair :SAN 1'd 2018 a©18'-owct C i) RE: AGREEMENT FOR HABITAT FOR HUMANITY FOR SAINT VRAIN VALLEY APPROVED AS TO SUBSTANCE: Elected Official or Depaftment Head APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: County Attorney 8o' 8r- o olo 9 C' ) 4365300 01/04/2018 03:39 PM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $5.05 Carly Koppes - Clerk and Recorder, Weld County, CO After Recording Return to: Habitat for Humanity of the St. Vrain Valley Inc., a Colorado Nonprofit corporation David Emerson P. O. Box 333 Longmont, CO 80502 Doc Fee: $5.05 WARRANTY DEED rr� This Deed, made December.,— 1 ` , 2017 Between Wayne A Jarchow and Vernafae Jarchow of the CountyVI 11 e- , State of Wyoming, grantor(s) and Habitat for Humanity of the St. Vrain Valley Inc., a Colorado Nonprofit corporation, whose legal address is P. O. Box 333 , Longmont, CO 80502 County of Boulder, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of FIFTY THOUSAND FIVE HUNDRED DOLLARS AND NO/100'S ($50,500.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lot 53, Glens of Dacono Unit No. 1, County of Weld, State of Colorado also known by street and number as 801 Glen Dale St, Dacono, CO 80514-9516 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 (Title Review) of the contract dated January 14, 2017, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: 4241/>‘'‘--- it?.J Wayne A ar] chow by Ve4`nafae Jar how s attorney Vernafae in fact STATE OF COUNTY OF �. } ss: The foregoing instrument was acknowledged, subscribed and sworn to before me Decembers , 2017 by Vernafae Jarchow as attorney in fct for Wayne A. Jarchow; and Vernafae Jarchow, individually. Witness my hand and official seal. ESCROW NO. 592-1-10508164-043-DF2 WDrev N • . ry Public My Commission expires: LL�fi� . 6, c.,2.o� JooHee Ross County of (Platte TARY PUBLIC Stab of Wyoming My Cominisslon Expires: January 26, 2021 i Hello