HomeMy WebLinkAbout2018-24 Amending the TOV Employee Housing Guidelines to Facilitate the Incorporation of Amendments made to the Resale Housing Lottery ProcessRESOLUTION NO. 24
Series 2018
A RESOLUTION AMENDING THE TOWN OF VAIL EMPLOYEE HOUSING
GUIDELINES TO FACILITATE THE INCORPORATION OF AMENDMENTS
MADE TO THE RESALE HOUSING LOTTERY PROCESS; 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 Town of Vail Employee Housing Guidelines (the "Guidelines") were
originally adopted on October 19, 1999;
WHEREAS amendments, enhancements and improvements to the Guidelines have
been proposed with the expressed purpose of simplifying the process, improving opportunity
for lottery participation, ensuring consistency, predictability and fairness, improving efficiency
and effectiveness, and maintaining and sustaining community;
WHEREAS, the Vail Local Housing Authority has reviewed the proposed
amendments, enhancements and improvement options and forwarded its recommendation of
approval to the Council;
WHEREAS, the Vail Town Council has reviewed the proposed Guidelines and held a
total of four public hearings on the topic;
WHEREAS, the purpose of the Guidelines is to set forth the occupancy
requirements, resale housing lottery procedures, and maximum resale price for the Town
of Vail deed -restricted employee housing; and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to amend and implement these Guidelines.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
1. The Council hereby approves the amended Town of Vail
Employee Housing Guidelines, dated July 4, 2018, and instructs the Town Manager
to take the necessary steps to implement these Guidelines.
2. This Resolution shall be effective July, 4, 2018.
INTRODUCED, READ, AP
OVED AND ADOPTED this 19th day of June, 2018.
Dave Chapin, own M
ATTEST:
Town of Vail
Resale Housing Lottery
Administrative Procedures
July 4, 2018
Town of Vail Housing 75 South Frontage Road W. Vail, CO 81657 www.vailgov.com/housing Page 2
Table of Contents
Page
1. Purpose 2
2. Resale Housing Lottery Criteria 3
• Basic Eligibility
• Resale Lottery Application Form
3. Resale Housing Lottery Procedures 4
• The Town of Vail Employee Housing Guidelines (amended)
• Resolution No. 24, Series of 2018, effective July 4, 2018
Town of Vail Housing 75 South Frontage Road W. Vail, CO 81657 www.vailgov.com/housing Page 2
1. Purpose:
Growing a balanced and thriving community is one of three critical actions identified by the Vail Town
Council. A significant contributor to a balanced and thriving community is a diverse, year round
population of local residents that choose to call Vail home. To ensure Vail has homes for year round
residents to live and thrive, over the years, the Town of Vail and the Vail Local Housing Authority have
initiated the public -sector development of a substantial number of resident -occupied, deed -restricted
homes. In total, the Town of Vail currently has 111 deed -restricted homes, initiated by the public -
sector, in a number of different developments within its inventory and available for purchase through
the housing lottery. Those developments include:
• Vail Commons (53 homes)
• Red Sandstone Townhomes (18 homes)
• Chamonix Vail Neighborhood (32 homes)
• North Trail Townhomes (6 homes)
• Arosa Duplex (2 homes)
Each of the homes, at a minimum, in these developments requires primary resident occupancy and has
a maximum price appreciation cap on the resale value of the homes. This price appreciation cap is in
place to maintain and ensure the long-term affordability of the homes upon its resale to a subsequent
homeowner. These homes, given there affordability and desirability within the real estate market place,
often have a long list of interested purchasers. For that reason, and to guarantee opportunity and
fairness to all upon resale of these homes, the Town of Vail has established Resale Housing Lottery
Administrative Procedures. The objectives of these procedures are to:
• Simplify the process
• Improve opportunity for lottery participation
• Ensure consistency, predictability and fairness
• Improve efficiency and effectiveness
• Maintain and sustain community
Additional information pertaining to Employee Housing Unit deed -restrictions can be found in the
applicable Master Deed Restriction Agreements for the occupancy and resale of certain developments,
such as Vail Commons or Chamonix Vail Neighborhood, as well as within the Town of Vail Employee
Housing Guidelines, dated October, 19, 1999. In instances whereby conflicting information may exist,
the most recently adopted document shall prevail.
Town of Vail Housing 75 South Frontage Road W. Vail, CO 81657 www.vailgov.com/housing Page 2
2. Resale Housing Lottery Criteria:
The following criteria shall be used to determine basic eligibility and awarded preference for
participation in the Town of Vail Resale Housing Lottery:
1. Complete and sign the Resale Housing Lottery Application Form
2. Submit a pre -qualification letter from a mortgage lender demonstrating financial ability to
purchase the home, if selected.
3. Verify successful completion of a Town of Vail approved homebuyer education class or sign an
acknowledgement of intent to do so within six months of lottery date, if selected.
4. The following preference point system will be applied:
• Meet minimum lottery participation criteria = 1 lottery ticket
• Vail resident = 1 lottery ticket
• Vail resident for equal to or greater than 5 years = 1 lottery ticket
• Employed in Vail = 1 lottery ticket
• Employed in Vail for equal to or greater than 5 years = 1 lottery ticket
Maximum Total: 5 lottery tickets
Please refer to the Town of Vail Employee Housing Guidelines, dated July 4, 2018, for more
detailed information.
Town of Vail Housing 75 South Frontage Road W. Vail, CO 81657 www.vailgov.com/housing Page 2
TOWN OF 511.!,
Resale Lottery Application Form
Name:
Primary Applicant's First Middle Last
Physical Address:
Mailing Address:
Phone Numbers: Day Evening
Email Address: Cell Phone:
Name:
Secondary Applicant's First
Middle Last
Email Address: Phone:
B. Eligibility (initial each item after completion)
1. I have attached a legible copy of my current driver's license.
2. I have secured a mortgage prequalification and have attached a letter from a lender stating the
Maximum mortgage for which I am qualified.
3. I have attached a current copy of my Homebuyer Class certification
OR
I will take the Homebuyer class within six months of the resale lottery drawing date. If selected in the
lottery, I will use the residence as my primary home and maintain it as my primary residence in the
future.
4. Do you or any immediate family members, including but not limited to spouse and children less than 18
years of age currently own any improved residential property in Eagle County?
I understand that if I am selected to purchase a home I intend to sell my existing residential property
in Eagle County
OR
I intend to apply for Town of Vail approval to deed restrict my existing residential property in Eagle
County.
5. I am currently working a minimum average of 30 hours per week at the following businesses located in
Eagle County and I have attached legible copies of my two most recent pay stubs.
OR
Business Names:
I am aware that 75% of my income must be earned by working in Eagle County. I have attached legible
Town of Vail Housing 1 75 S. Frontage Road W. Vail, CO 81657 www.vailgov.com/housing (970) 479-2150
copies of my most recent tax returns. (Please provide most recent tax returns.)
C. Offer Price
I would like to place an offer on (address).
My Offer Is $ Preferred Closing Timeframe:
Date of Offer: Lending: % LTV or $ DP
Primary Applicants Signature Print Name
Date
Secondary Applicant's Signature Print Name
Date
Town of Vail Housing 1 75 S. Frontage Road W. Vail, CO 81657 www.vailgov.com/housinq (970) 479-2150
D. Longevity in the Area
1. Employment
Beain with the most recent. Below, list each job you have had in Eagle County only. Include the name of the business, the
street location and town where you worked, the duration of employment {i.e., 11/93 to 3/96), and the total number of years
and months employed at that location. If your employer has several business locations in the County and for example, you
worked at different locations for different seasons, list each physical location at which you worked separately.
Describe the documentation you have attached for each time period and location. Do not put phone numbers on the
documentation lines. We will not verify any employment without documentation. If affidavits are used, they must be
notarized by the landlord or employer. If you are applying as a couple to jointly own the property, provide the employment
history of the Qac person whose record is the longest.
Business Name
w/ physical address
Job Title Employed from:
1. / to /
2. / to /
3. / to /
4. / to /
5. / to /
6. / to /
Copy and add additional pages if necessary
y
Type of Documentation
provided:
(W2 or tax record, pay stub,
affidavit)
Town of Vail Housing 1 75 S. Frontage Road W. Vail, CO 81657 www.vailgov.com/housinq (970) 479-2150
2. Residency
Below, list each place you have lived within Eagle County. Beain with the most recent. Include the physical location
(street address and town), the duration of residency (i.e., 11/93 to 3/96), and the total number of years and months lived
at that location. Describe the documentation you have attached for each time period and location. Do not put phone
numbers on the documentation lines - we will not verify any residency without documentation. If affidavits are used, they
must be notarized. If you are applying as a couple to jointly own the property, provide the residency history of the one
person whose record is the longest.
Residence address
w/ physical address
1. / to /_ years
months
Length of Residence Total years
& months
2. _/ to _/ years
months
3. _/ to _/_ years
months
4. _/_ to _/_ years
months
5. _/_ to _/_ years
months
6. / to / years
months
7. _/_ to _/_ years
months
8. / to _/_ years
months
6. _/_ to _/_ years
months
Copy and add additional pages if necessary
Documentation provided: (lease,
utility bit, cancelled check, affidavit)
Town of Vail Housing 1 75 S. Frontage Road W. Vail, CO 81657 www.vailgov.com/housing (970) 479-2150
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E. Certification
This application must be completed in its entirety, all claims and documentation must be accurate and verifiable.
You will only receive lottery tickets based on verified information.
I/VVe affirm that the information provided is true, complete and accurate as of this day of
20_. I/We understand that any inaccuracy or incomplete statement may disqualify me/us from eligibility for
purchase of a home.
I/We understand that this application in its entirety will become the property of the Town of Vail. I/We also
understand that the deadline for submitting these materials is 5:00 PM on , 20_
I/We have received a copy of the Deed Restriction Agreement for the Occupancy and Resale of
and the Town of Vail Employee Housing Guidelines and, if selected to purchase a home,
I/we agree to adhere to these policies. The copy of the Guidelines that I/we have reviewed is dated
The mortgage lender prequalification letter that I/we have submitted from is an
accurate reflection of my/our financial status. The maximum sales price for a home that I/we are qualified to
purchase is . I/We are also aware that this mortgage lender prequalification letter is
only valid for days or until . After this time, I/we will supply a more current letter
from my/our lender.
I/We understand the lottery will be held on , 20............. at _AM/PM in the
I/We understand we do not have to be present.
I/We understand that I/we will have three (3) business days to decide whether to purchase the home. I/We will
have the ability to put 3% of the purchase price down as earnest money at the time of signing the contract. I/We
understand that the Town of Vail will not be responsible for contacting me if I am out of town.
Signed this day of , 20
Primary Applicant's Signature Print Name
Secondary Applicant's Signature Print Name
Further, affiant sayeth naught.
By: and
Signature of Owner Signature of Owner
STATE OF
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_ by
Witness my hand and official seal. My commission expires:
Signature of Notary Public:
Town of Vail Housing 1 75 S. Frontage Road W. Vail, CO 81657 www.vailgov.com/housinq (970) 479-2150
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3. Resale Housing Lottery Procedures:
Town of Vail Housing 75 South Frontage Road W. Vail, CO 81657 www.vailgov.com/housing Page 2
Resale Housing Lottery Process
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TOWN OF °VAIL
THE TOWN OF VAIL
EMPLOYEE HOUSING GUIDELINES
July 4, 2018
Town of Vail
Employee Housing Guidelines Page 1 of 11
I. PURPOSE
The purpose of the Employee Housing Guidelines (Guidelines) is to set forth the
occupancy requirements, resale procedures, and maximum resale price for the Town of
Vail deed -restricted for -sale employee housing. Additional information pertaining to
Employee Housing Unit deed restrictions can be found in the applicable Master Deed
Restriction Agreement (Master Deed Restriction) for the occupancy and resale of
certain developments such as Vail Commons, North Trail Townhomes, Chamonix Vail
Community, Arosa Duplex and Red Sandstone Creek Townhomes. Prior to closing on
an employee housing unit, the purchaser(s) must sign an individual deed restriction
which references the Guidelines and the Master Deed Restriction which shall be
recorded at the closing, and which shall run with the property in perpetuity.
II. MAXIMUM RESALE PRICE
An owner may desire to sell a deed -restricted for -sale employee housing unit
(Employee Housing Unit) provided that the resale price and prospective purchaser
meet the standards of the Guidelines and the Master Deed Restriction. Resale price
may not exceed:
A. The original purchase price on the original date of purchase plus
B. An increment equal to three (3) percent or one and one half percent
(1.5%) per annum, depending upon the property, (see Master Deed
Restriction) of the original purchase price from the original date of
purchase (prorated at the rate of 0.25% for each whole month of any part
of any year) plus
C. The value of capital improvements (including professional architect's
fees) made to the Employee Housing Unit not exceeding fifteen (15)
percent of the original purchase price. For every ten years from the
original date of purchase and deed restriction, another ten (10) percent
of the original purchase price may be added to the value of the property
for capital improvements plus
D. The value of any special assessments made by a homeowner's
association or by a local government that has been paid by the owner.
Additional details regarding maximum resale price as well as calculation methods are
provided in the deed -restriction.
III. RESALE PROCEDURES
The Employee Housing Unit shall be listed for resale with the Town of Vail. The resale
procedures will be administered through the Town's Housing Department with oversight
from the Vail Local Housing Authority.
A. Listing the Unit with the Town of Vail: Listing Duties
1. An owner of an Employee Housing Unit desiring to sell should
Town of Vail
Employee Housing Guidelines Page 2 of 11
consult with the Housing Department and review the Guidelines,
the terms of the recorded deed restriction and the Master Deed
Restriction governing the Employee Housing Unit to determine the
maximum resale price and other applicable provisions concerning
a resale. Unless otherwise provided in the Master Deed
Restriction, the unit must be listed for resale with the Town and the
Town staff or its designee will administer the resale in accordance
with the Guidelines and Master Restriction in effect at the time of
listing. There shall be a minimum listing period of three months
before the maximum resale price of an Employee Housing Unit can
be recalculated. Any termination in the listing may require the
payment of administrative and advertising costs. The 1/2 percent of
the resale price required to be deposited with Town of Vail at time
of listing will be forfeited. Costs exceeding the amount of the
deposit shall be paid by the owner.
2. The Guidelines are intended to ensure that all purchasers and all
sellers will be treated fairly and impartially. Questions will be
answered and help provided to any potential purchasers or seller
equally in accordance with the current Guidelines and Master
Deed Restriction. Listings, sales contracts, extensions to
contracts and closing documents will be prepared and all actions
necessary to consummate the resale shall be undertaken.
3. In pursuit of the above, the town staff will be acting on behalf of the
Town. It should be clearly understood by and between all parties
to a sales transaction that the staff members are not acting as
licensed brokers to the transaction, but as representatives of the
Town and its interests. They shall nevertheless attempt to help
both parties consummate a fair and equitable resale in accordance
with the then current Guidelines and Master Deed Restriction.
4. All purchasers and sellers are advised to consult legal counsel
regarding examination of title and all contracts, agreements and
title documents. The retention of such counsel, licensed real
estate brokers, or such related services, shall be at purchaser's or
seller's expense. The fees paid to the Town are to be paid
regardless of any actions or services that the purchaser or seller
may undertake or acquire.
B. Advertising the Resale:
Once an Employee Housing Unit is listed for resale with the Town, the
Town, at a minimum, will arrange to advertise the unit for sale in two
consecutive Friday editions of the Vail Daily and on the Town's Housing
Department webpage.
Town of Vail
Employee Housing Guidelines
Page 3 of 11
C. Resale Housing Lottery Procedures:
The Town of Vail Housing Department will conduct a resale lottery drawing.
The resale lottery drawing will be conducted within sixteen (16) business
days of the Employee Housing Unit being advertised for sale. During this
time period, the Town shall publically announce the time, date and location
of the lottery drawing and the maximum resale price of the unit. In
addition, the Town will host a minimum of two open houses to allow
opportunity for potentially interested parties to view the unit available for
resale.
Resale Lottery Application Forms are due seven (7) business days prior to
the date of the resale lottery drawing. Upon receipt of the Resale Lottery
Application Forms, the town staff will verify basic eligibility of each
applicant and publish a final list of Qualified Applicants two (2) business
days prior to the resale lottery drawing date. A Qualified Applicant shall be
defined as a person that meets the minimum lottery participation criteria.
Minimum lottery participation criteria and basic eligibility includes:
• Completed and signed a Resale Lottery Application Form
• A pre -qualification letter from a mortgage lender demonstrating
financial ability to purchase the Employee Housing Unit, if selected
• Verification of successful completion of a Town of Vail approved
homebuyer education class or signed acknowledgement of intent to
do so within six months of the resale lottery drawing date.
Each Qualified Applicant shall receive a minimum of one lottery ticket for
entry into the resale lottery drawing. Additional lottery tickets shall be
awarded, up to a maximum of five (5) total, based upon the following
criteria:
• Meet minimum lottery participation criteria = 1 lottery ticket
• Vail resident = 1 lottery ticket
• Vail resident for equal to or greater than 5 years = 1 lottery ticket
• Employed in Vail = 1 lottery ticket
• Employed in Vail for equal to or greater than 5 years =1 lottery ticket
Maximum Total: 5 lottery tickets
If the winner of the lottery does not proceed to contract within three (3)
business days after notification, the next in line will be notified and so on,
until the unit is under contract for purchase. Back-up contracts in the
priority order set forth in the lottery will be accepted.
Any misrepresentation by an applicant in submittal material shall disqualify
the applicant from purchasing an Employee Housing Unit.
Town of Vail
Employee Housing Guidelines Page 4 of 11
D. Sales and Other Fees:
1. Unless otherwise set forth in the Master Deed Restriction governing
the unit, at the closing of the sale, the seller will pay the Town a
sales fee equal to two (2) percent of the contracted resale price.
The Town may instruct the title company to pay said fees to the
Town out of the funds held for the seller at the closing. Unless
otherwise specified in the Master Deed Restriction, a one-half
percent (1/2%) fee is paid by the Seller at the time of listing, which
is applied to the total sales fee payable at closing. In the event that
the seller fails to perform under the listing contract, rejects all offers
at maximum resale price in cash or cash -equivalent terms, or
should withdraw the listing after advertising has commenced, that
portion of the fee shall not be refunded. In the event that the seller
withdraws for failure of any offers to be received at maximum
resale price or with acceptable terms, the advertising and
administrative costs incurred by the Town shall be deducted from
the fee, with the balance credited to the owner's sales fee when the
property is sold.
2. Conventional -type financing provisions (i.e. FNMA) are those
which provide, among other things, for the removal of the Master
Deed Restriction on the unit upon foreclosure of the mortgage if
the Town does not exercise its option to purchase the unit within a
specified time following foreclosure. Unless otherwise set forth in
the Deed Restriction governing the unit, upon the initial sale, resale
or refinancing of units where conventional -type financing provisions
are used (the use of which shall be at the sole discretion of the
Town) there may be a fee charged by the Town. The fee shall be
paid by the mortgagor; shall be based on the amount of the
mortgage; shall be paid for each mortgage transaction; and shall
be deposited in the Town mortgage reserve fund account. If the
fee is paid on a unit and the unit is subsequently refinanced, the
fee shall only apply to that amount of the refinanced mortgage
greater than the initial mortgage upon which the fee was initially
collected. The amount and adequacy of the fee and the mortgage
reserve fund shall be reviewed annually as part of the review of the
Guidelines.
E. Deed Restriction:
The purchaser must execute, in a form satisfactory to the Town and for
recording with the Eagle County Clerk concurrent with the closing of the
sale, a document acknowledging the purchaser's agreement to be bound
by:
(1) the recorded Master Deed Restriction governing the sale unit,
and
(2) the then -current Guidelines.
Town of Vail
Employee Housing Guidelines Page 5 of 11
IV. RESALE LOTTERY CRITERIA
A. There basic eligibility requirements which must be met prior to an individual
submitting a resale lottery application form to purchase an Employee
Housing Unit are as follows:
1. The applicant must acknowledge their intent to use the unit
as his/her primary residence and maintain it as his/her
primary residence in the future, subject to the terms of the
deed restriction.
2. The applicant must be currently employed at a legitimate
business located within Eagle County, must be employed an
average of 30 hours each week on an annual basis, and
must maintain this minimum level of employment for as long
as he/she owns the unit.
3. The applicant must demonstrate that at least seventy-five (75)
percent of his/her income and earnings are earned by working at
an Eagle County business and provide employment verification.
4. Neither the applicant nor any member of the applicant's
immediate family (including, but not limited to, spouse and
children under 18 years of age) may own improved residential
real estate in Eagle County at the time of closing, except where
that real estate is deed -restricted as a Town of Vail employee
housing unit.
A current residence may not be deeded to a corporation or other
entity in order to qualify the applicant for a Town of Vail
employee housing unit.
5. The applicant must be prequalified with a mortgage lender.
Town of Vail
Employee Housing Guidelines Page 6 of 11
B. Notes
1. The physical place of residence and employment is what counts, not the
mailing address.
2. Employment physically located on Vail Mountain shall be considered
inside the Town of Vail.
3. Employment requiring work to be completed at locations "on-site"
throughout Eagle County (e.g., construction sites) shall be considered
outside the Town of Vail.
4. Seasonal work and part time work shall be counted on a pro -rata basis.
Seasonal work and part time work alone may not be adequate to meet
the 30 hours/week average annual requirement. This type of work may
need to augment other employment to meet the minimum eligibility.
5. For the purposes of determining the standing of each applicant, each year
of residency or employment reflects one year. For the portion of time in
excess of a complete year, the Town will round to the next highest number
if the time exceeds six months and one day. If the time is less than six
months, the Town will round down.
6. If two individuals are applying jointly, the years of employment and/or
residency shall not be combined. The single individual with the longest
record of employment and/or residency shall use his or her record for the
purposes of determining longevity.
7 All claims will be verified by Town of Vail staff. Claims of residence
or employment that do not check out or are un -verifiable will not be
counted in determining your eligibility.
8. An application process to establish a reserve list will be maintained open
to the public on a continuous basis.
9. The application and any accompanying documentation shall become the
property of the Town of Vail and will not be returned to the applicant.
V. OCCUPANCY REQUIREMENTS
Once an Employee Housing Unit has been purchased, it must continue to be occupied
in a manner that is consistent with the goals and policies of the Town of Vail Housing
Program, the terms of the recorded deed restriction, Employee Housing Guidelines and
Master Deed Restriction. The purchased Employee Housing Unit must be owner
occupied by:
An employee, working in Eagle County who works an average of thirty (30)
hours per week on an annual basis.
Town of Vail
Employee Housing Guidelines
Page 7 of 11
A retired individual, sixty years or older, who has worked a minimum of five (5)
years in Eagle County for an average of thirty (30) hours per week on an annual
basis.
Notes:
1. A leave of absence may be granted for one year, subject to clear and convincing
evidence which shows a reason for leaving and a commitment to return to the
Vail/Eagle County area may be approved by the Vail Local Housing Authority.
Said evidence shall be in written form presented to the Vail Local Housing
Authority for review and recommendations thirty (30) days prior to leaving. The
Leave of Absence shall be for one year and may, at the discretion of the Vail
Local Housing Authority, be extended for one year, but in no event shall it
exceed two years. The unit must be rented during said year or years to
tenants/residents who comply with occupancy requirements. Rental periods
shall be not less than thirty (30) days. After verification and qualification of
tenant(s), a copy of the executed lease shall be furnished to the Town.
Decisions of the Vail Local Housing Authority may be appealed for further review
to the Vail Town Council.
2. If the Employee Housing Unit is listed for sale and the owner must relocate to
another area, the unit may, upon approval of the Town, be rented prior to
completion of the sale to persons who comply with the occupancy requirements.
A letter must be sent to the Town of Vail Housing Department requesting
permission to rent the unit until sold. A lease of not Tess than six (6) months must
be provided to the tenants with a sixty (60) day move out clause upon notification
that the unit is sold.
3. Occupants may request waivers to the provisions of this section by providing a
written request to the Town of Vail Housing Department, which will then be
forwarded to the Vail Local Housing Authority for their consideration.
4. Co-signers may be allowed but shall not occupy the unit unless the co-signer
meets the occupancy requirements of this section.
Town of Vail
Employee Housing Guidelines Page 8 of 11
VI. ANNUAL VERIFICATION REQUIRED; PENALTIES FOR VIOLATION
A. No later than February 1st of each year, the owner of the restricted
employee housing unit shall submit two copies of a sworn affidavit on a
form to be obtained from the Town of Vail Housing Department, to the Vail
Local Housing Authority and the Town of Vail Housing Department
verifying that the employee housing unit continues to be owner occupied
in accordance with the Guidelines, recorded deed restriction and Master
Deed Restriction that the occupant has worked thirty hours per week for
the previous year, and where the occupant has worked.
B. If the Town determines that there has been a violation of the occupancy
standards, the owner of the employee housing unit shall be found to be
in noncompliance. Penalties the Town may assess against the owner
include eliminating resale gain and/or penalties found in the Town of Vail
Municipal Code Title 1, Chapter 4.
VII. SUBMITTAL REQUIREMENTS
In conjunction with completing a resale lottery application form to purchase an
employee housing unit, the applicant shall provide the following documentation as
proof of residency and employment:
A. Federal Income Tax return forms. Applicant must provide the last four (4)
years of Federal Income Tax Returns, an audited financial statement, or
acceptable documentation to the Town.
B. Verification of current employment in Vail or Eagle County (i.e., wage stubs,
employer name, address and phone number or other appropriate
documentation as requested by the Town).
C. Landlord verification (proof of residency, physical address, copy of signed
lease or notarized landlord verification).
D. Valid Driver's License (address, issue date)
E. Prequalification for a loan from a mortgage lender.
F. Deposits for down payment shall be verified by the holder of such funds.
G. Any co -ownership interests other than joint tenancy or tenancy -in -common
must be approved by the Town.
H. Signed authorization from the applicant allowing the Town of Vail to
discuss details with applicant's employer.
I. Any documentation which the Town deems necessary to make a
determination.
VIII. FORECLOSURE
In the event of a foreclosure or of acceptance of a deed in lieu of foreclosure by the
holder (including here and hereinafter assigns of the holder) of the promissory note
secured by a first deed of trust on a deed restricted dwelling unit (hereinafter "the
Property"), and subject to the issuance of a public trustee's deed to the holder following
the expiration of all statutory redemption rights, the Town of Vail (the "Town") shall have
the option to purchase the Property which shall be exercised in the following manner:
a. Notice.
The holder shall give such notice to the Town as is required by law in the
foreclosure proceeding.
Said notice shall be sent by certified mail, return receipt requested, and
addressed as follows:
Housing Department
Town of Vail
75 S. Frontage Road West
Vail, CO 81657
Town Attorney
Town of Vail
75 S. Frontage Road West
Vail, CO. 81657
b. Option to Purchase.
The Town shall have 30 days after issuance of the public trustee's deed or the
acceptance of a deed in lieu of foreclosure by the holder in which to exercise
this option to purchase by tendering to the holder, in cash or certified funds, an
amount equal to the redemption price which would have been required of the
borrower or any person who might be liable upon a deficiency on the last day of
the statutory redemption period(s) and any additional reasonable costs incurred
by the holder during the option period which are directly related to the
foreclosure.
c. Title.
Upon receipt of the option price, the holder shall deliver to the Town a special
warranty deed, conveying the property to the Town. The holder shall convey
only such title as it received through the public trustee's deed and will not create
or participate in the creation of any additional liens or encumbrances against the
Property following issuance of the public trustee's deed to the holder. The holder
shall not be liable for any of the costs of conveyance to the Town or its designee.
d. Release.
In the event that the holder is issued a public trustee's deed and the Town does
not exercise the option to purchase, as provided herein, the Town shall cause to
be recorded in the records of the Clerk and Recorder of Eagle County a full and
complete release of the describe covenants affecting the
Property which appear in said records in Book at Page. Such release shall
be placed of record within 14 days after demand therefor by the holder following
expiration of the option and a certified copy of the release shall be mailed to the
holder upon its recordation.
e. Perpetuities Savings Clause.
If any of the terms, covenants, conditions, restrictions, uses, limitations,
obligations or options created by this Option to Purchase shall be unlawful or
void for violation of: (a) the rule against perpetuities or some analogous statutory
provision, (b) the rule restricting restraints on alienation, or (c) any other
statutory or common law rules imposing like or similar time limits, then such
provision shall continue only for the period of the lives of the current duly elected
and seated Town Council of the Town of Vail, Vail, Colorado, their now living
descendants, if any, and the survivor of them, plus twenty-one (21) years.
f. Successors and Assigns.
Except as otherwise provided herein, the provisions and covenants contained
herein shall inure to and be binding upon the heirs, successors and assigns of
the parties hereto.
g. Modifications.
The parties hereto agree that any modification to this option to purchase shall be
effective only when made be writing and signed by both parties and recorded
with the Clerk and Recorder of Eagle County, Colorado.
VII. For additional information, contact the Town of Vail Housing Department.