HomeMy WebLinkAbout20182732.tiffRESOLUTION
RE: APPROVE PURCHASE AGREEMENT (917 GLEN AYER STREET, DACONO, CO) AND
AUTHORIZE CHAIR TO SIGN - HABITAT FOR HUMANITY OF THE SAINT VRAIN
VALLEY
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 Purchase Agreement (917 Glen Ayer
Street, Dacono, CO) 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, commencing upon full execution of signatures. 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, that the Purchase Agreement (917 Glen Ayer Street. Dacono, CO) 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. 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 27th day of August. A.D.. 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: thatoJ y �`; EXCUSED
Steve Moreno, Chair I
Weld County Clerk to the Board
BY:
D: puty Cle*to
unty Attorney
Date of signature:
Mike Freeman
arCT C 6c)
Ci
2018-2732
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&7tday of _August, 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 funds and revolved HDG
Grant State Funds (DOLA letter dated 06/28/18).
WHEREAS, Habitat is under contract to purchase the property located at 917 Glen Ayer
Street, Dacono, CO 80514, and described as
DAC 1 GL 1 L 1 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 $140,000.00 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 by Habitat of the Saint Vrain Valley of said property
shall cause $140,000 to be transferred to Habitat.
2. Habitat Obligations.
a. Habitat agrees to take all action necessary to use the funds transferred pursuant to this
Agreement for the sole purpose of purchasing the Property. To the extent that any other
funds are needed to complete the transaction, Habitat agrees to provide or procure such
funds as necessary, with no further obligation from the Housing Authority. Habitat shall
complete the purchase of the Property within 120 days of transfer of funds pursuant to
this Agreement.
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
2018-2732 C l )
Agreement by all parties, and shall continue through and until Contractor's completion of the
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
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HABITAT OR HUMANITY OF SAINT VRAIN VALLEY:
By:
Na e. ►a�:� �.. r,50
Title: ExrtLch.1c D(reclror
Date 421/ 026/T
% -thday of
WELD COU TY HOUSING AUTHORITY:
ATTEST: •
Weld • un y Clerk to the Boar
BY.
Deputy iferk to the g I
BOARD OF COUNTY COMMISSIONERS
/WELD COUNTY OLORADO
Barbara Kirkm- er
Chair Pro-Tem
AUG 27 20i$
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RE: AGREEMENT BETWEEN WELD COUNTY HOUSING AUTHORITY AND HABITAT FOR
HUMANITY OF THE SAINT VRAIN VALLEY
APPROVED AS TO SUBSTANCE:
i n
Elected Official or Department Head
APPROVED AS TO FUNDING:
�O.�a1lt�
Controller
APPROV D ASTOFORM:
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County Attorney
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