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HomeMy WebLinkAbout2023-7 VLHA Resolution Authorizing Reimbursement of Bond Expenses for Construction of Timber Ridge STATE OF COLORADO ) ) COUNTY OF EAGLE ) SS. ) HOUSING AUTHORITY OF ) THE TOWN OF VAIL, COLORADO ) The Board of Commissioners (the “Board”) of the Housing Authority of the Town of Vail, Colorado, dba Vail Local Housing Authority (the “Authority”), met in regular session, in full conformity with law and the rules of the Authority, at 75 S. Frontage Road West, Vail, Colorado, being the regular meeting place of the Board, on Tuesday, March 14, 2023, at the hour of 3:00 p.m. Upon roll call, the following were found to be present, in person or by telephone, constituting a quorum: Present: Chair: Steve Lindstrom Commission Members: Craig Denton Dan Godec James Wilkins Kristin Williams Absent: There were also present: Housing Director, Town of Vail George Ruther constituting all the members of the Board. Thereupon, the following proceedings, among others, were had and taken: Commissioner ______________ introduced in typewritten form a resolution, which resolution was thereupon read by title, copies thereof having been distributed to all members of the Board and to those members of the public in attendance, and which resolution is as follows: RESOLUTION NO. ______ A RESOLUTION OF THE HOUSING AUTHORITY OF THE TOWN OF VAIL, COLORADO, EXPRESSING THE INTENT OF THE ISSUER TO BE REIMBURSED FOR CERTAIN EXPENSES RELATING TO THE ACQUISITION, DEVELOPMENT, CONSTRUCTION AND EQUIPPING OF THE TIMBER LINE APARTMENTS PROJECT FOR THE PURPOSE OF RESIDENTIAL WORKFORCE HOUSING. WHEREAS, the Housing Authority of the Town of Vail, Colorado, dba Vail Local Housing Authority, a public body corporate and politic of the Stateof Colorado (the “Issuer”), is authorized and empowered by the provisions of the Housing Authorities Law, being Part 2 of Article 4 of Title 29, Colorado Revised Statutes (the “Act”), as from time to time supplemented and amended, to issue revenue bonds, notes or other obligations for the purpose of providing residential housing that substantially benefits persons and families of low income; and WHEREAS, the Board of Commissioners of the Issuer (the “Board”) has determined that it is in the best interest of the Issuer and public interest and necessity to finance the acquisition, development, construction and equipping of approximately 284 units of residential workforce housing in 7 buildings known as Timber Ridge Apartments (the “Project”); and WHEREAS, the Issuer has determined that it is in the best interest of the Issuer to finance theProject through either: (i) the execution and delivery of Bonds; or (ii) by any other means legally available to the Issuer; and WHEREAS,the Board has determined that it is necessary to make capital expenditures to acquire and construct the Project prior to the time that the Issuer arranges for the specific financing of such Project; and WHEREAS,it is the Issuer’s reasonable expectation that when such financing occurs, the capital expenditures will be reimbursed with the proceeds of the financing; and WHEREAS,in order to comply with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), it is the Issuer’s desire that this resolution shall constitute the “official intent” of the Board to reimburse such capital expenditures within the meaning of Treasury Regulation §1.150-2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE TOWN OF VAIL, COLORADO: 2 Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the Board and the officers, employees and agents of the Issuerdirected toward the Bonds and the Project is hereby ratified, approved and confirmed. Section 2. The Issuer intends to finance approximately $150,000,000 to pay the costs of the Project, including the reimbursement of certain costs incurred by the Issuer prior to the receipt of any proceeds of a financing, upon terms acceptable to the Issuer, as authorized in a resolution to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. Section 3. The officers, employees and agents of the Issuer shall take all action necessary or reasonably required to carryout, give effect to and consummate the transactions contemplated hereby and shall take all action necessary or desirable to finance the Project and to otherwise carry out the transactions contemplated by the resolution. Section 4. The officers and employees of the Issuer are hereby authorized and directed to take all action necessary or appropriate to effectuate the provision of this resolution. Section 5. The Issuershall not use reimbursed moneys for purposes prohibited by Treasury Regulation §1.150-2(h). Section 6. This resolution is intended to be a declaration of “official intent” to reimburse expenditures within the meaning of Treasury Regulation §1.150-2. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 8. All acts, orders and resolutions of the Issuer, and parts thereof, inconsistent with this resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 9. The resolution shall in full force and effect upon its passage and approval. 3 PASSED AND ADOPTED this March 14, 2023. HOUSING AUTHORITY OF THE TOWN OF VAIL, COLORADO (SEAL) Chair ATTEST: 56528865.1 4