HomeMy WebLinkAbout2016-17 IGA with Eagle County Housing and Development Authority for Resale/LotteryRESOLUTION NO. 17
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY HOUSING AND DEVELOPMENT
AUTHORITY REGARDING THE MANAGEMENT OF TOWN OF VAIL DEED RESTRICTED
PROPERTIES; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, the Eagle County Housing and Development Authority (the "ECHDA")
was formed to address the lack of affordable housing with participation from public and
private sectors throughout Eagle County;
WHEREAS, the ECHDA created a centralized affordable housing management
organization known as The Valley Home Store (the "NHS") to provide one physical and
electronic location in Eagle County to purchase housing stock affordable to Eagle County's
workforce;
WHEREAS, the Intergovernmental Agreement (the "IGA") outlines the services
provided by the ECHDA and NHS in assisting with managing the Town's deed restricted
properties; and
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA on behalf of the Town in substantially the same form as
attached hereto as Exhibit A and in a form approved by the Town Attorney.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED thjs_171h dahf May, 2016.
Resolution No. 17. Series 2016
SEAL
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT BETWEEN
EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
AND THE TOWN OF VAIL
This Agreement made this day of , 2016 by and between
Eagle County Housing and Development Authority, a body corporate and politic ("ECHDA")
and the Town of Vail, a municipal corporation (the "Town").
WITNESSETH
WHEREAS the Town has a portfolio of deed restricted housing units which are managed
in accordance with its Employee Housing Guidelines dated October 19, 1999 (the "Guidelines");
and
WHEREAS, the median price of free market housing in the Town of Vail exceeds what
residents earning the area median income can afford, creating a lack of housing affordable for the
local workforce of the Town; and
WHEREAS, the Urban Land Institute recommended forming a regional housing body to
address the lack of affordable housing with participation from public and private sectors
throughout Eagle County; and
WHEREAS, ECHDA, in a multi jurisdictional effort, has opened a centralized affordable
housing management organization known as The Valley Home Store ("TVHS") to provide one
physical and electronic location in Eagle County to purchase housing stock affordable to Eagle
County's workforce; and
WHEREAS, The Valley Home Store was formed by the Eagle County Housing and
Development Authority in 2008 and ECHDA is the majority member of TVHS with 99.9%
ownership (Eagle County Housing and Development Authority and The Valley Home Store may
collectively be referred to as ECHDA/TVHS); and
WHEREAS, the Town desires to contract with ECHDA for the performance of the
hereinafter described affordable housing services on the terms and conditions hereinafter set
forth; and
WHEREAS, ECHDA is agreeable to rendering such affordable housing services on the
terms and conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1-
201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the
Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, the parties hereto agree hereby as follows:
1. Services or Work. ECHDA agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the services or work described in Exhibit A
("Services" or "Work") which is attached hereto and incorporated herein by reference. The
Services shall be performed in accordance with the provisions and conditions of this Agreement.
In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set
forth in this Agreement shall prevail.
2. Term of the Agreement. This Agreement shall commence upon the date first written
above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect
through the 31 st day of December, 2016.
Either party shall have the right to terminate this agreement with or without cause at any
time by giving the other party thirty (30) days' prior written notice of termination. Upon
termination, ECHDA shall be entitled to compensation for services performed prior to such
termination, and both parties shall thereafter be relieved of any and all duties and obligations
under this Agreement.
3. Extension or Modification. This Agreement may be extended for up to three additional
one year terms upon written agreement of the parties. Any amendments or modifications shall be
in writing signed by both parties.
4. Compensation. Town shall compensate ECHDA for the performance of the Services in a
sum computed and payable as set forth in Exhibit A.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from ECHDA. All invoices shall include detail
regarding the hours spent, tasks performed, who performed each task and such other
detail as Town may request.
b. Notwithstanding anything to the contrary contained in this Agreement, Town shall have
no obligations under this Agreement after, nor shall any payments be made to ECHDA in
respect of any period after December 31 of any year, without an appropriation therefor by
Town in accordance with a properly adopted budget.
5. Official Status. For the purpose of performing the Services and functions set forth in this
agreement, Eagle County Housing and Development Authority and The Valley Home Store shall
enforce, as the Town's agent, the Guidelines and any Town ordinances relating to affordable
housing now in effect and as amended.
6. Personnel. ECHDA and TVHS and their respective staff shall have full cooperation from
the Town of Vail and its employees, so as to facilitate the performance of this Agreement.
a. All persons employed in the performance of such Services for the Town of Vail, pursuant
to this Agreement, shall be employees of Eagle County Government. Staff working at
TVHS are licensed real estate agents in the state of Colorado. The Valley Home Store is
a licensed real estate brokerage company.
b. The rendition of the Services provided for herein, the standards of performance, the
discipline of staff, and other matters incident to the performance of such Services and the
control of personnel so employed, shall remain with ECHDA.
7. Liability and Insurance. ECHDA, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any
officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed
to assume any liability for intentional or negligent acts, errors or omissions of ECHDA or by any
officer or employee thereof.
a. ECHDA agrees to indemnify, defend and hold harmless, to the extent allowed by law, the
Town, its respective agents, officers, servants and employees of and from any and all
loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, arising out of or related to ECHDA's intentional or negligent acts, errors or
omissions or that of its agents, officers, servants, and employees, whether contractual or
otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless, to the
extent allowed by law, ECHDA, its respective agents, officers, servants and employees of
and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action
and causes of action whatsoever arising out of or related to the Town's intentional or
negligent acts errors or omissions or that of its agents officers, servants and employees,
whether contractual or otherwise.
b. ECHDA and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each party may deem adequate
and necessary for any potential liability arising from this Agreement. Further, ECHDA
and the Town, respectively, shall name, subject to the approval of each respective party's
insurance carriers, the other respective party as a co-insured under such insurance
policies to the extent of any potential liability arising under this Agreement and, upon
reasonable written request, shall furnish evidence of the same to the other respective
party.
General Provisions.
a. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town of Vail and ECHDA, under this Agreement, shall be in
writing and shall be deemed to have been given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
ECHDA:
Attention: Jill Klosterman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: jill.klosterman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
TOWN:
Town of Vail: Matt Mire
Town Attorney
75 S. Frontage Road
Vail, CO 81657
Telephone: 970-479-2107
Facsimile:
E-mail: mmire@vailgov.com
With a copy to:
Community Development Department
Attention: George Ruther, Director
75 South Frontage Road West
Vail, Colorado 81657
Telephone: 970-376-2675
E-mail:rub therAvailgov.com
b. Either party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of
change of address given in the manner set forth in this paragraph. This Agreement does
not and shall not be deemed to confer upon or grant to any third party any right to claim
damages or to bring any lawsuit, action or other proceedings against either the Town or
ECHDA because of any breach hereof or because of any terms, covenants, agreements or
conditions contained herein.
c. No modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith.
d. This written Agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered
into either by ECHDA or the Town other than those contained herein.
e. This Agreement shall be binding upon the respective parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the other
respective party hereto.
f. All agreements and covenants herein are severable, and in the event that any of them
shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid Agreement or covenant were not contained herein.
g. The Town has represented to ECHDA and, likewise, ECHDA has represented to the
Town, that it possesses the legal ability to enter into this Agreement. In the event that a
court of competent jurisdiction determines that either of the parties hereto did not
possess the legal ability to enter into this Agreement, this Agreement shall be considered
null and void as of the date of such Court determination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first set forth above.
Attest:
LIN
Teak J. Simonton, Clerk
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
Ron
Jeanne McQueeney, Chair
Attest:
IIn
Patty McKenny, Town Clerk
TOWN OF VAIL
Dave Chapin, Mayor
EXHIBIT A
SCOPE OF SERVICES AND FEES
The Valley Home Store, LLC (TVHS) was formed by the Eagle County Housing and
Development Authority (ECHDA) in 2008 to be a multijurisdictional housing management
organization that provides centralized services without requiring participating entities to cede
control over local housing policy. ECHDA is the majority member of TVHS with 99.9%
ownership. Economic Council of Eagle County is the only other member of the LLC. One goal
of TVHS was to provide a single point of contact to affordable housing programs and consumers
and thereby eliminating confusion, duplication of services, and cost inefficiencies. TVHS
desires to eliminate redundancies and create common nomenclature for affordable housing
programs throughout Eagle County.
TVHS currently manages and administers eight deed restriction programs through agreements
with three different organizations. The administrative component includes qualifying buyers,
annual residency affidavits, approving capital improvements, facilitating sales, and acting as a
resource for Realtors, appraisers and lenders. TVHS also provides free education to the general
public, foreclosure prevention or mitigation counseling, offers down payment assistance
programs, and serves as a rental resource for the community. TVHS staff strives to provide
excellent customer service in all of their work, evidenced by positive customer service surveys.
TVHS staff are licensed Realtors and experienced in the resale of deed restricted housing units.
All services offered by TVHS will be available for buyers or owners of Town of Vail housing
units.
The following services will be provided to the Town of Vail (Town) by ECHDA/TVHS:
1. Resales of the Town's deed restricted housing stock.
a. Includes all aspects of sales, from listing through closing of the unit ensuring
compliance with all aspects of the deed restrictions.
b. ECHDA/TVHS staff will hold 2 open houses for each listing and provide
individual unit showings as appropriate.
c. ECHDA/TVHS will cause units offered for sale to be advertised in accordance
with the Guidelines.
d. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the
process.
e. ECHDA/TVHS will comply with policies and procedures outlined in the
Guidelines, as may be updated from time to time.
f. ECHDA/TVHS will receive sales fees of 2% of the deed restricted sales that it
completes as compensation for this service.
2. Employee Housing Unit Compliance.
a. Send up to 3 requests for affidavits and compile responses.
b. Provide list of outstanding affidavits to Town by a mutually agreed upon date.
c. Town will maintain responsibility for enforcement.
d. Mailing costs, if any, will be reimbursed by Town.
e. As this process has effectively been completed by the Town for 2016, these
services will not be offered by ECHDA /TVHS in 2016, except that a mailing for
the 2017 compliance period will be sent at the end of 2016.
f. As the town has completed this service for 2016. ECHDA/TVHS will receive no
compensation, nor will it provide these services to the Town in 2016.
3. Lottery Process
a. Work with Town to advertise lottery opening and closing dates.
b. Collect and score lottery applications.
c. ECHDA/TVHS understands that this process may change and will work with
Town to complete future lotteries or equivalent in accordance with policy set by
the Town.
d. Out of pocket costs (advertising) will be paid by Town.
e. Compensation for this service will be $7,800 and will be paid by the Town to
ECHDA/TVHS. This fee is based on 120 hours of work at $65/hour.
4. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town's
affordable housing program.
a. Communicate Town's information on TVHS website.
b. Provide at least one in person first time homebuyer education course.
c. Provide individual credit counseling or budgeting sessions to buyers or owners of
Town units or down payment assistance programs.
d. Attend work sessions with Vail Local Housing Authority or Town Council as
requested and recommend best practices.
e. Compensation for this service will be $3,900 and will be paid by the Town to
ECHDA/TVHS. This fee is based on 60 hours of work at $65/hour.