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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.