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HomeMy WebLinkAboutC07-030 Golden Eagle Elderly Housing CorporationFOR19 RD 3560-13 FORM APPROV ED
(02-05) OMB NO 0575-0189
MULTI -FAMILY PROJECT OWNER'S/MANAGEMENT AGENT'S
MANAGEMENT CERTIFICATION
Owners of insured and assisted multifamily housing projects are required by administrative guidelines as found in HB -2- 3560, the Rural Housing Multi -
Family Asset Management Handbook, to submit certain data for review by the Servicing Official'sapproval of a new management agent. These
requirements apply to insured multifamily projects and subsidized, non-insured projects that are not financed by State Agencies or the Department of
Hnt ino and Urban Develonment.
Project Name - Borrower Case Number/Project Number
Citv. State U Date (mm/dd/yyyy)
ra , ai , -s t 1:2 - ---2-oc(v
Acting on behalf of
!rt(c>a,a RL(e Ic4er 6l SicLr,_ Q PC 9,A-176iQ
the Project Owner (Owner), and
the Management Agent (Agent), we mAe the following certifications and
agreements to the United States Department of Agriculture regarding
management of the above project.
1. We certify that:
a. We will comply with Rural Development requirements and
contract obligations, and agree that no payments have been made to
the owner in return for awarding the management contract to the
agent, and that such payments will not be made in the future.
b. We have executed or will execute, within 30 days after receiving
the approval(s) required by paragraph b below, a Management
Agreement for this project. The Agreement provides / will provide
that the Management Agent will manage the project for the term and
fee described below. Changes in the fee will be implemented only in
accordance with Rural Development's requirements.
(1) Term of Agreement:_ I
(2) Fees: �t
(a) PUPM Fee (Occupied Units Only) _9ACb.L>Ct__
(b) Add On Fees __ --------
(3) Calculation of Estimated Yield (See Attachment 1.)
c. We will disburse management fees from project income only after:
(1) We have submitted this Certification to Rural Development,
(2) Rural Development has approved the Agent to manage this
project; and
(3) Rural Development has approved the management fee (if
required)_
d. We understand that no fees may be earned or paid after Rural
Development has terminated the Management Agreement.
e. If Rural Development notifies me of an excessive management
fee, the Agent, will within 30 days of the notice either:
(l) Reduce the compensation to an amount Rural Development
determines to be reasonable and
(2) Require the Agent to refund to the project all
excessive fees collected, or
(3) Appeal the decision and abide by the results of the appeal
process, making any required reductions and refunds within 30
days after the date of this decision letter on the appeal.
2. We will select and admit tenants, compute tenant rents and assistance
payments, recertify tenants and carry out other subsidy contract
administration responsibilities in accordance with HB -2-3560
and other Rural Development regulations.
We agree to:
a. Comply with this project's Mortgage and Promissory Note, and
Loan Agreement/Resolution or Workout Agreement.
b. Comply with Rural Development Handbooks or other policy
directives that relate to the management of the project.
c. Comply with Rural Development requirements regarding payment
and reasonableness of manaLement fees and allocation of manage-
ment costs between the management fee and the project account_
d. Refrain from purchasing goods or services from entities that have
identity -of -interest with us unless the costs are as low as or lower
than arms -length, open -market purchases.
The Agent agrees to:
a. Ensure that all expenses of the project are reasonable and
necessary.
b. Exert reasonable effort to maximize project income and to take
advantage of discounts, rebates and similar money -saving
techniques.
c. Obtain contracts, materials, supplies and services, including the
preparation of the annual financial reports, on terms most
advantageous to the project.
d. Credit the project with all discounts, rebates or commissions
including any sales or property tax relief granted by the State or
local government received.
e. Obtain the necessary verbal or written cost estimates and
document the reasons for accepting other than the lowest bid.
L Maintain copies of such documentation and make such
documentation available for your inspection during normal business
hours.
g. Invest project funds that Rural Development policies require to be
invested and take reasonable effort to invest other project funds
unless the owner specifically directs the Agent not to invest those
other funds.
We certify that the types of insurance policies checked below are in
force and will be maintained to the best of our ability at all times.
Fidelity bonds and hazard insurance policies will name Rural
Development as a co -payee in the event of toss.
Note: For any box not checked, attach an explanation as to why you
cannot obtain that type of insurance. Such situations should be
extremely rare.
a.E�delity bond or employee dishonesty coverage for
(1) all principals of the Agent and;
(2) all persons who participate directly or indirectly in the
management and maintenance of the project and its
assets, accounts and records.
b,ZHazard insurance coverage required by Rural Development
r gulations.
c.[✓�Public liability coverage required by Rural Development
regulations.
The Agent agrees to:
a. Furnish a response to Rural Development's supervisory visit review
reports, physical inspection reports, and written inquiries regarding
the projects annual financial statements or monthly accounting
reports within 30 days after receipt of the report or inquiry.
b. Establish and maintain the project's accounts, books and records
in accordance with:
(1) Rural Development's administrative requirements;
(2) generally accepted accounting principles; and
(3) in a condition that will facilitate financial reporting.
7. We agree that:
a. All records related to the operation of the project, regardless of
where they are housed, shall be considered the property of the
project.
b. Rural Development, the General Accountability Office (GAO), and
those agencies' representatives may inspect
According to the Paperit or - Reduction ,21ci ol 199.), an agency may not conduct or sponsor, anti a person is not require- to respond to, a collection at to ormation unless it displays
a valid O1v113 control number. The valid OMB control number %ar this information collection is 0575-0189. The tine required to complete this information collection is estimated to
average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and inoonaining the data needed. andcompleting and
rerueiving the collection of informonon.
(1) any records which relate to the project's purchase of
goods or services,
(2) the records of the Owner and the Agent, and
(3) the records of companies having an identity -of -interest
with the owner and the agent.
c. The following clause will be included in any contract entered
into with an identity -of -interest individual or business for the
provision of goods or services to the project: -'Upon request of
Rural Development or (name of owner or Agent), (name of
contractor or supplier) will make available to Rural Development,
at a reasonable time and place, its records and records of
identity -of -interest companies which relate to goods and services
charged to the project. Records and information will be sufficient
to permit Rural Development to determine the services
performed, the dates the services were performed, the location at
which the services were performed, the time consumed in
providing the services, the charges made for materials, and the
per unit and total charges levied for said services." The owner
agrees to request such records within seven (7) days of receipt of
Rural Development's request to do so.
8. We certify that any Management Agreement does not contain the
types of "hold harmless" clauses prohibited by Rural
Development.
We agree to include the following provisions in the Management
Agreement and to be bound by them:
a. Rural Development has the right to terminate the Management
Agreement for failure to comply with the provisions of this
Certification, or other good cause, 30 days after Rural
Development has mailed the owner a written notice of its desire to
terminate the Management Agreement.
b. In the event of a default under the Mortgage, Note or Loan
Agreement/Resolution, Rural Development has the right to
terminate the Management Agreement immediately upon Rural
Development's issuance of a notice of termination to the Owner
and Agent.
c. If Rural Development exercises this right of termination, 1, the
Owner, agree to promptly make arrangements for providing
management that is satisfactory to Rural Development.
d. If there is a conflict between the Management Agreement and
Rural Development's rights and requirements, Rural
Development's rights and requirements will prevail.
e. If the Management Agreement is terminated, I, the Agent, will
give to the Owner all of the project's cash, trust accounts,
investments and records within 30 days of the date the
Management Agreement is terminated.
10. 1, the Owner, agree to submit a new Management Certification to
Rural Development before taking any of the following actions:
a. Authorizing the agent to collect a fee different from the
fees specified in Paragraph I of this Certification.
b. Changing the expiration date of the Management Agreement -
c. Renewing the Management Agreement.
d. Permitting a new Agent to operate the project.
e. Permitting a new Agent to collect a fee.
f. Undertaking self-management of the project.
1 1 . We agree to:
a. Comply with all Federal, State, or local laws prohibiting
discrimination against any persons on grounds of race, color,
creed, familial status, handicap, sex or national origin, including
Title VI of the Civil Rights Act of 1964, Fair Housing Act,
Executive Order 11063 and all regulations implementing those
laws.
b. When the head of household or spouse is otherwise eligible,
give families with children equal consideration for admission.
c. Give handicapped persons priority for subsidized units that
were built and equipped specifically for the handicapped.
d. If the project receives any form of direct Federal financial
assistance, comply with the provisions of Section 504 of the
Rehabilitation Act of 1973, as amended, the Age Discrimination
Act of 1975 and all regulations and administrative instructions
implementing these laws. The Agent understands that these laws
and regulations prohibit discrimination against applicants or
tenants who are handicapped or of a certain age -
e. Furnish Rural Development any reports and information required
to monitor the project's compliance with Rural Development's fair
housing and affirmative marketing requirements.
f. Not discriminate against any employee, applicant for employment
or contractor because of race, color, handicap, religion, sex or
national origin.
g. Provide minorities, women and socially and economically
disadvantaged firms equal opportunity to participate in the project's
procurement and contracting activities.
12. We certify that we have read and understand Rural Development's
definition of "identity -of -interest" and that the statement(s) checked
and mfrmation entered below are true.
a. ( h o identity -of -interest exists among the Owner, the Agent and
any individuals or companies that regularly do business with the
project, or
b. ❑Only the individuals and companies listed on Form RD 3560-31
have an identity -of -interest with the Owner.
13. The items checked below are attached:
[Idanagement Plan
entity -of -Interest (IOI) Disclosure Qualification Certificate or
Certification of NO Identity -of -Interest (10I)
❑ Other (Specify)_
Warnings:
There are fines and imprisonment for anyone who makes false, fictitious, or
fraudulent statements or entries in any matter within the jurisdiction of the
Federal Government (18 U.S.C. 1001).
There are fines and imprisonment for anyone who misuses rents and
proceeds in violation of Rural Development regulations relative to this
project. This applies when the mortgage note is in default or when the
project is in a nonsurplus cash position (Section 543 of the Housing Act of
1949).
Rural Development may seek a "double damages" civil remedy for the use
of assets or income in violation of any Loan Agreement/Resolution or any
applicable Rural Development regulations.
Rural Development may seek additional civil money penalties to be paid by
the mortgagor through personal funds for
(1) Violation of an agreement with Rural Development to use non -project
funds for certain specified purposes as a condition of receiving transfers of
physical assets, flexible subsidy loan, capital improvement loan,
modification of mortgage terms or workout. The penalties could be as much
as the USDA Secretary's loss at foreclosure sale or sale after foreclosure.
(2) Certain specific violations of the Loan Agreement/Resolution. The
penalties could be as much as $50,000 per occurrence (Section 543 (b) of
the Housing Act of 1949).
By Project Owner: �
is eL Fn/ G Li p-� arc. Co,tyia�
Named e `�
1101
Signature
Date (mm/ddlyyyy)
By Manaa menet Agent:
CAs
(nnnvdd/yyyy)
Fonn RD '560-30
(0? -05)
Applicant[Borrower Name:
Position 3
UNITED STATES DEPARTMENT OF AGRICULTURE
RU RAL DEVELOPMENT
RURAL HOUSING SERVICE
CERTIFICATION OF NO IDENTITY OF INTEREST (IOI)
project Name: f
4�'-d ldeN Est�/e Sen �o.� /Q/'.at27 rne�y�`s
Location: (Tovtin, CountrN. State)
�,Q Cvunc �roa, �r�l� ew—v ry , usa
IDENTITY OFINTEREST STATEMENT
An Identity of Interest occurs:
(1) When there is any financial interest between the applicant borrower andior management entity and the supplying entity.
(2) When one or more of the officers, directors, stockholders or partners of the applicant/borrower or management entity is also
an officer, director, stockholder, or partner of the supplying entity.
(3) When any officer, director, stockholder, or partner of the applicant/borrower and/or management entity has a 10 percent or more financial
interest in the supplying entity.
(4) When the supplying entity advances any funds to the applicant/borrower and/or management entity.
(5) When the supplying entity provides or pays on behalf of the applicant/bon-ower and/or management entity the cost of any materials and/or
services in connection with obligations underthe management plan/management agreement.
(6) When the supplying entity takes stock or any interest in the applicant/borrower and/or management entity as part of the consideration to
be paid them.
(7) When there exists or comes into being any side deals, agreements, contracts or understandings entered into thereby altering, amending, or
cancelling any of the management plan; management agreement documents, organization documents or other legal documents pertaining to
the property, except as approved by the Agency.
[, (please print name), hereby certify that I have read the identity of interest statement above and
°understand what the USDA, Rural Development, Rural Housing Service (herein referred to as the Agency), has determined constitutes
an identity of interest. I further certify that NO identity ofinterest relationship exists.
1 also hereby certify, under penalty of law'*, and with knowledge that this information may be verified, that the information submitted is
true and accurate. I further understand that failure to disclose any identity, of interest to the Agency will also subject me to any
administrative remedies available to the Agency. Such remedies may include suspension and debarment from participating in any
Federal program.
I further understand and agree that I will complete an Identity of Interest Disclosure/Qualification Certificate if at any time my circum-
stances change, and an identity of interest relationship is formed.
Applicandl3orro��,er. ignature
, S —V ire ,)
Date
Applicant/Borrower Signature Date
warning: Section 1001 of Title 18, United States Code provides. "Whoever, in any matter within the jurisdiction of the executive_ Iegislanve, or Judicial
branch of the Government of the United States_ knowingly and willfully falsifies, conceals, or covers up by any trick_ scheme, or device a material fact,
makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false wTaing or document knowing the same to
contain any materially false, fictitious, or fraudulent statement or entry shall be fined under this title or imprisoned not more than 5 years, or both.--
GOLDEN EAGLE. ELDERLY HOUSING CORPORATION
700 Broadway
Eagle, CO 81631
AGEMENT PLAN FOR GOLDEN EAGLE SENIOR APARTMENTS
1. The Role and Responsibility of the Owner
Golden Eagle Elderly Housing Corporation, ("Owner") is a non-profit corporation,
established for the purpose of providing affordable housing to senior residents, age 62 or
older and disabled persons.
The Project is comprised of thirty six (36) one bedroom apartments and is designated as
a low income elderly housing project under Rural Development 3560
RD Project Number 05-019-481259681-010
The project is further described as follows:
Name: Golden Eagle Senior Apartments
700 Broadway
PO Box 850
Eagle, CO 81631
County: Eagle County
It is the Policy of Golden Eagle Elderly Housing Corporation to manage Golden
Eagle Senior Apartments in accordance with RD 3560 and all federal, state and
local regulations.
2. Management:
The Owner has secured a Management Agreement with Eagle County ("Agent"), 500
Broadway, PO Box 850, Eagle, CO 81631, to be the exclusive agent for the management
of the Golden Eagle Senior Apartments. The agent is responsible for the day to day
operations of the property in accordance with RD 3560 and all other applicable federal,
state and local laws.
Owner's role will be oversight and monitoring of Agents performance in compliance with
RD 3560 and adherence to this management plan.
OWNER WILL SUBMIT FORM RD 3560-13 MANAGEMENT CERTIFICATION
FORM WITH THIS MANAGEMENT PLAN.
All responsibilities and requirements of this certification are included as part of this
Management Plan.
Upon request of Rural Development, the Owner or Owner's Agent will make available to
Rural Development, at a reasonable time and place, its records and records of identity -of -
interest companies which relate to goods and services charged to the project. Records and
information will be sufficient to permit Rural Development to determine the services
performed, the dates the services were performed, the location at which the services were
performed, the time consumed in providing the services, the charges made for materials,
and the per unit and total charges levied for said services."
The Owner agrees to request such records from agent within seven (7) days of receipt of
Rural Development's request to do so.
3. Management Agreement Terms:
Owner agrees to include the following provisions in the Management Agreement and to
be bound by them:
A. Rural Development has the right to terminate the Management Agreement for
failure to comply with the provisions of this Certification, or other good cause, 30
days after Rural Development has mailed the owner a written notice of its desire
to terminate the Management Agreement.
B. In the event of a default under the Mortgage, Note or Loan agreement/Resolution,
Rural Development has the right to terminate the Management Agreement
immediately upon Rural Development's issuance of a notice of termination to the
Owner and Agent.
C If Rural Development exercises this right of termination, the Owner, agrees to
promptly make arrangements for providing management that is satisfactory to
Rural Development.
D. If there is a conflict between the Management Agreement and Rural
Development's rights and requirements, Rural Development's rights and
requirements will prevail.
E. If the Management Agreement is terminated, the Agent, will give to the Owner
all of the project's cash, trust accounts, investments and records within 30 days of
the date the Management Agreement is terminated.
2
F. Owner will to submit a new Management Certification to Rural Development
before taking any of the following actions:
Authorizing the agent to collect a fee different from the fees specified in
Paragraph 1 of this Certification.
2. Changing the expiration date of the Management Agreement.
3. Renewing the Management Agreement.
4. Permitting anew Agent to operate the project.
Permitting a new Agent to collect a fee.
6. Undertaking self-management of the project.
G. Owner, Agent and employees will:
1. Comply with all Federal, State, or local laws prohibiting discrimination
against any persons on grounds of race, color, creed, familial status,
handicap, sex or national origin, including Title VI of the Civil Rights Act
of 1964, Fair Housing Act, Executive Order 11063 and all regulations
implementing those laws.
2. Give families with children equal consideration for admission, provided
the head of household or spouse is otherwise eligible,
3. Give handicapped persons priority for subsidized units that were built
and equipped specifically for the handicapped.
4. Comply with the provisions of Section 504 of the Rehabilitation Act of
1973, as amended, the Age Discrimination Act of 1975 and all regulations
and administrative instructions implementing these laws in the event the
project receives any form of direct Federal financial assistance.
5. Follow all laws and regulations which prohibit discrimination against
applicants or tenants who are handicapped or of a certain age.
6. Furnish Rural Development any reports and information required to
monitor the project's compliance with Rural Development's fair housing
and affirmative marketing requirements.
7. Not discriminate against any employee, applicant for employment
or contractor because of race, color, handicap, religion, sex or
national origin. 3
Provide minorities, women and socially and economically
disadvantaged firms equal opportunity to participate in the project's
procurement and contracting activities.
H. The Owner and Agent agree to operate the housing project in accordance with
this management plan;
The Owner and Agent will comply with Agency requirements and contract
obligations, agree that no payments have been made to anyone in return for
awarding the management contract to the management agent, and ensure that
such payments will not be made in the future;
J. The Owner and Agent will comply with Agency handbooks, notices, and other
policy directives that relate to the management of the housing project;
K. The Management Agreement between the borrower and the management entity
complies with the requirements of RD 3560.
4. Identity of Interest
Owner and Agent certify that we have read and understand Rural Development's
definition of "identity -of -interest" and that the statement(s) checked and information
entered below are true.
A. No identity -of -interest exists among the Owner, the Agent and
any individuals or companies that regularly do business with the
project, or
B. Only the individuals and companies listed on Form RD 3560-31
have an identity -of -interest with the Owner.
C. The items checked below are included in this Management Plan
❑ Identity -of -Interest (I01) Disclosure Qualification Certificate or
✓ Certification of NO Identity -of -Interest (IOI)
❑ Other (Specify):
5. Self -Evaluation of the Property and Develop Transition Plans
A. Self -Evaluations
The Owner and/or Agent will conduct annual self evaluations of the property in
accordance with the following:
V.
1. With the assistance of interested persons, including persons with
disabilities or organizations representing disabled persons, evaluate their
current policies and practices and the effects thereof;
2. After consultation with interested persons, including disabled persons or
organizations representing disabled persons, modify any policies and
practices that do not meet the requirements of this part;
3. After consultation with interested persons, including disabled persons or
organizations representing disabled persons, take appropriate remedial
steps to eliminate the effects of any discrimination that resulted from
adherence to these policies and practices that do not meet the requirements
of this part; and
4. Maintain a record of the self-evaluation for at least 3 years. The record
will be made available for public inspection and be provided to the
Agency upon request.
5. The self evaluation record will contain
1. A list of the interested persons consulted;
2. A description of areas examined and any problems identified; and
3. A description of any modifications made and any remedial steps
taken.
6. Manazement Plan Requirements
Owner, under the terms of a Management Agreement with Eagle County has delegated
responsibilities and performance of services to its Agent for a fee. The delegated
responsibilities and services include but are not limited to:
A. Compliance with this project's Mortgage and Promissory Note, and Loan
Agreement/ Resolution or Workout Agreement.
B. Compliance with Rural Development Handbooks or other policy
directives that relate to the management of the project.
C. Compliance with Rural Development requirements regarding payment and
reasonableness of management fees and allocation of management
costs between the management fee and the project account.
D. Will not purchase goods or services from entities that have identity -
of -interest with Golden Eagle unless the costs are as low as or lower than
arms -length, open -market purchases.
E. Select and admit tenants, compute tenant rents and assistance payments,
recertify tenants and carry out other subsidy contract administration
responsibilities in accordance with HB -2-3560 and other Rural
Development regulations.
F. Compliance with and acknowledge RD 3560-13, Multi -Family Project
Owner's/Management Agent's Management Certification.
The following items and services will be provided by Management Agent in return for
the management fee set forth in Paragraph 3 of this agreement:
A. Supervision by the management agent and staff (time, knowledge, and
expertise) of overall operations and capital improvements of the site.
B. Hiring, supervision, and termination of onsite staff
C. General maintenance of project books and records (general ledger,
accounts payable and receivable, payroll, etc.). Preparation and
distribution of payroll for all onsite employees including the costs of
preparing and submitting all appropriate tax reports and deposits,
unemployment and Workers' Compensation reports, and other IRS or
State -required reports.
D. Preparation and submission of proposed annual budgets and negotiations
for approval with RHS, HUD, or other governmental agencies and the
borrowers.
E. Preparation and distribution of RHS, HUD, Housing Finance Authority
(HFA), or other governmental agency and normal financial reports to
borrowers, RHS, HUD, HFA, or other governmental agency.
F. Preparation and distribution of required year-end reports to RHS, HUD,
HFA, or other governmental agency and borrowers.
G. Preparation of requests for reserve withdrawals, rent increases, or other
required adjustments.
H. Arrangement of preparation by outside contractors of Energy Audits and
Utility Allowance analysis. Implement appropriate changes.
I. Preparation and implementation of Affirmative Fair Housing Marketing
Plans (AFHMPs) as well as general marketing plans and efforts.
Cel
J. Reviews of tenant certifications and submission of monthly Rental
Assistance requests, overage, and monies collected for occupancy
surcharge. Submission of payments where required.
K. Preparation, approval, and distribution of operating disbursements and
oversight of project receipts and reconciliation of deposits.
L. Overhead of management agent including:
Establishment, maintenance, and control of an accounting system
adequate to carry out accounting supervision responsibilities.
2. Maintenance of agent office arrangements, staff, equipment,
furniture, and services necessary to communicate effectively with
the properties, RHS, HUD, HFA, or other governmental agency
and with the borrowers and the main office.
3. Postage expenses related to the normal responsibility for mailings
to the properties, RHS, HUD, HFA, or other governmental agency,
the tenants, the vendors and the borrowers.
4. . Expense of telephone and facsimile communication to the
properties, tenants, RHS, HUD, HFA, or other governmental
agency and the borrowers.
5. Direcf*costs of insurance (fidelity bonds covering central office
staff, computer and data coverage, general liability, etc.), directly
related to protection of the funds and records of the borrower.
6 Central office staff training and ongoing certifications.
7. Maintenance of all required profession and business licenses and
permits. (This does not include site office permits or licenses.)
8. Insurance coverage for Agents office and operations (Property,
Auto, Liability, Errors and Omissions (E&O), Casualty, Workers'
Compensation, etc.).
9. Travel of Agent staff to the properties for onsite inspection,
training, or supervision activities.
10. Agent bookkeeping for their own business.
11. Attendance at meetings (including travel) with tenants, borrowers,
investors, and/or RHS, HUD, HFA, or other governmental agency.
7
12. Development, preparation, and revision of management plans
and/or agreements.
13 Coordination of HUD vouchers with tenants including reporting
to alb pertinent agencies an orrowers. --
14. Direct the investment of project funds into required accounts.
15. Maintenance of bank accounts and monthly reconciliations.
16. Preparation, request for, and disbursement of borrower's initial
operating capital (for new projects), as well as administration of
annual return to borrower.
17. Account maintenance, settlement, and disbursement of security
deposits.
18. Work with auditors for initial setup of audits and annually
thereafter for audit preparation and review. Assistance with
supplemental letters and preparation of Form P -D 3560-10,
Borrower Balance Sheet, as well as other RHS, HUD, HFA, or
other governmental agency reports.
19. Storage of records and adherence to records retention
requirements.
20. Assistance to onsite staff with tenant relations and problems.
21. Assistance in severe actions (eviction, death, insurance loss, etc.).
22. Oversight of general and preventive maintenance procedures and
policies.
23. Development and oversight of asset replacement plans.
24. Oversight of preparation of Section 504 reviews, development of
plans, and implementation of improvements necessary to comply
with plans and Section 504 requirements.
25. Reporting to general and limited partners and State Agencies for
LIHTC compliance purposes.
26. Conduct annual self evaluations and transition plans or the
property in accordance with Management Plan.
N.
27. Operate the housing project in accordance with RD 3560 and the
Owner's Management Plan, receipt of which is hereby
acknowledged.
5. Identity of Interest:
1. The Owner and Agent will comply with Agency requirements and
contract obligations, agree that no payments have been made to anyone in return
for awarding the management contract to the management agent, and ensure that
such payments will not be made in the future;
2. The Owner and the Agent will refrain from purchasing goods and
services from entities that have identity -of -interest (IOI) relationships with the
borrower or the management agent until the IOI relationship has been disclosed to
the Agency and not denied by the Agency; and
3. The Owner, Agent, and supplier of goods and services agree that all records
relating to the housing project are the property of the project, the Agency, and
the Agency's representatives.
4. The Owner and Agent must obtain materials, supplies, utilities, and services at a
reasonable cost and seek the most advantageous terms for the project. The
Owner or Agent must credit any rebates, fees, proceeds, or commissions
generated by transactions using project funds to the project.
5. Owner and Agent certify that we have read and understand Rural Development's
definition of "identity -of -interest" and that the statement(s) checked
and information entered below are true.
A. No identity -of -interest exists among the Owner, the Agent and
any individuals or companies that regularly do business with the
project, or
B. Only the individuals and companies listed on Form RD 3560-31
have an identity -of -interest with the Owner.
7. Management Decisions and Supervision
Management decisions for the Project will be made by the Board of Directors of Golden
Eagle Elderly Housing Corporation in compliance with RD 3560. Board decisions will
be provided to the Agent, Director of Housing, Eagle County, and Property Manager.
Z
The Agent, Eagle County, has extensive knowledge and expertise in Human Resources.
and compliance with applicable employment laws, including equal employment
opportunity requirements. Employees of Agent are required to attend orientation for
benefits and county operations, including personnel policies and procedures.
The Agent's supervisor for Project's day to day operations will be the Director of
Housing, Eagle County. The Director of Housing will hire, train, or provide access to
training, and supervise the Property Manager for the Project. Property Manager will be
required to take the "STAR" training and certification with in six months of hire.
Property Manager's responsibilities will be management of the Project in accordance
with RD 3560, HB 2. including marketing the Project, maintaining a waiting list,
selection and admission of tenants, computation of tenant rents and rental assistance
payments, annual re -certification of tenants, assignment of rental assistance,
enforcement of Occupancy Rules and Regulations, directing and supervising
maintenance personnel, emergency management, tenant relations, rent collection, rent
roll maintenance, budget development and compliance, report Project status as
requested to the Board of Directors and other duties as assigned.
The Property Manager is the key contact for the Agent and will make decisions regarding
the day to day operations, tenant selection, tenant non-compliance of Occupancy Rules,
and emergency response and report to the Director of Housing.
On site staffing for the Project will include the Property Manager and a Maintenance
Person. Agent's Facilities Management Department will assist maintenance person
when needed. Contracted outside services will provide services on a limited and per
diem basis as necessary to insure the smooth operation of the Project.
7. Property Manager Experience and Knowledge
Selection of a Property Manager is based on similar experience, knowledge or the ability
to learn and apply required skills under RD3560. It is most advantageous if a Property
Manager comes to the Project with RD 3560 or LIHTC certification.
The Property Manager is required to complete the STAR certification training.
Property Manager must be able to understand the lease and the requirements set forth in
the lease and apply these requirements equally to all tenants.
Property Manager must be able to understand and apply the Project's Occupancy Rules
equally to all residents, which includes correspondence to tenants who are not in
compliance with the occupancy rules.
The Property Manager must understand and practice Fair Housing Policies for applicants
and tenants of the Project.
Rental duties are included in the job description of the Property Manager. Agent will
oversee the selection process, training for each office process and orientation to the
property. 10
8. Required Agent Consultation with Owner:
The Agent must consult with the Owner regarding:
A. Material non compliance of any tenant which would result in eviction or
non -renewal of a tenants lease.
B. Purchase of items that are not included in the annual budget
C. Notification of non-compliance by Rural Development
D. Unique circumstances that are out of the scope of knowledge
and responsibility of the agent and its employees.
E The Owner will work in concert with the Agent to utilize the purchasing power of
Eagle County to the benefit of the Project. This purchasing power will include,
but is not limited to:
Office Supplies
Maintenance supplies
Insurances
Employee benefits.
9. Proiect Marketing
The Golden Eagle Elderly Housing will market this project in compliance with Fair
Housing Laws. The Project is listed on the Eagle County web site and is very visible in
the community. The Eagle Senior Center is in the middle of the project grounds, so all
seniors coming into the Senior Center are aware of this Project.
Potential marketing strategies are to Eagle County Communities are:
A. Advertise locally in the Vail Daily and the Enterprise at least 1 time.
B. Develop a brochure with photos of tenants and activities and distribute
to local churches, real estate offices, physicians offices, Health and
Human Services for Eagle County, Hospitals, Police and Fire Department
offices in Eagle County and the Senior Centers in Minturn and El Jebel.
C. Create opportunities for free PR through stories and articles in the local
press about the Project.
The above strategies are designed to reach low income and minority persons who might
not know of the Project otherwise.
In cases where the applicant and/or tenant does not speak English as their first language,
the Agent will locate a translator to communicate with the person. The agent will
provide documents translated into Spanish, which is the most prevalent 2nd language in
Eagle County.
11
The 2006 exterior renovation of the Project has brought increased interest from the
community and families interested in bringing their elderly parent to Eagle.
Currently, The Project is at 100% occupancy currently with 13 persons on the waiting list
and more than 20 applications out to inquiries.
In the event the waiting list drops to 10 persons the marketing outreach will be stepped up
as outlined above to insure an adequate waiting list to maintain occupancy.
A sample waiting list is attached to this Management Plan. Attachment D
10. Reasonable Accommodation, Plans and Practices:
The Occupancy Rules for the Project are presented to all tenants upon lease signing. The
following process for accommodation requests are included in the Occupancy Rules: #33
REASONABLE ACCOMMODATION REQUESTS
It is the Policy of Golden Eagle Senior Apartments to provide reasonable accommodation
for all tenants with special needs. Disabled and handicapped residents have the right to
request changes in policies or procedures, or modifications to their apartment if it will
afford the tenant a better living experience.
The following procedures apply:
A. Tenants must make requests for modifications or reasonable accommodation in
writing to the Property Manager. Reasonable accommodation requests must include:
1. Accommodation and modification requested.
2. Backup verification from a third party that the modification and/or
accommodation will benefit the tenant. The third party must be qualified
to make that determination. Property Manager has a Form that should
be used by the physician or practitioner providing the verification.
3. Property Manager will submit all requests with verification
letters within two work days following receipt of such
request to the Officers of the Board of Directors for their
review.
4. The Officers of the Board of Directors will review the
accommodation request and advise the Property Manager
of their decision for approval or disapproval of the
accommodation within 21 days of receipt of such request.
S. Tenant will be advised in writing of The Board of
Director's decision for reasonable accommodation within 2
working days of receipt of such decision. In the event the
12
accommodation is approved, Property Manager will
proceed to bid out the alterations or accommodation
needed to the premises.
6. Actual cost of the modification will be billed to the tenant,
other than those accommodations required by law.
Examples of modifications that are reasonable can include
grab bars in the bathroom, ramps, visual/and or hearing
enhancements, lever doors handles, etc.
7. In the event the accommodation is denied, tenants have the
right to file a grievance. Grievance policies are available
at the Property Manager's office.
Golden Eagle Elderly Housing Corporation will reasonably provide accommodation to
tenants requesting alternate equipment, should such equipment be available. Such
alternate equipment would be lever handles instead of doorknobs, range with front
mounted controls, removing doors within the apartment that impede mobility aids,
and lever type sink faucets.
Golden Eagle Elderly Housing Corporation will not withhold permission for tenants who
will pay for there own reasonable accommodation, provided such accommodation is
required under the above Policy for Reasonable Accommodation Requests.
The Project's handicapped parking spaces are in excess of required, designated handicap
parking spaces for this Project. We will relocate one of the handicapped parking spaces
in the event a tenant requests a handicapped space closer to their apartment, provided the
Project receives approval from the local Fire Department for such relocation.
Communications with tenants and applicants is in writing. Any one who is sight
impaired can request reading assistance from the Property Manager, who will provide
this accommodation within a reasonable time. Hearing impaired persons, applicants and
tenants can call the TDY number for information and/or request information in writing
from the Property Manager.
The business office for the Project is Handicap accessible including the Property
Manager's office, laundry room, and lavatories.
11. Condition of Apartments
The Project has developed a form for move in inspections and annual recertification
inspections. This is the form which goes in the tenant file upon completion and a copy to
the tenant. The Inspection worksheet Form is included as Attachment A.
Tenants are walked through their apartment upon occupancy and are shown the
emergency alarm system and how it works. They receive a copy of their lease, the
Occupancy Rules, The Pet Addendum (if applicable) a copy of Inspection report after
completion, and the Tenant Grievance Policy.
13
12. Eligibility of Applicants and Tenants
The Property Manager is in charge of the waiting list and tenant selection based on RD
3560.
Applicants selected for the next apartment are sent a letter describing all financial
information necessary to determine eligibility to move in to the Project and given a date
to meet with the Property Manager for Initial Certification.
Upon the Initial Certification interview, the applicant presents all requested financial
information to the Property Manager, who then compiles all the documented information
on a worksheet. The financial information is totaled and those totals are then transferred
to the Tenant Certification Form RD 3560-8.
Once the adjusted income has been calculated Property Manager explains to the applicant
how the rental rate was determined. If a subsidy is available, the rental assistance is
explained. The adjusted income will determine whether the applicant will pay Basic or
Note rent or an amount in between these to rental rates. Tenant signs the certification
form attesting to the validity of the financial information.
Files for Tenants due for recertification are reviewed and issued a notice 90 days prior to
the recertification. The notice lists all financial information necessary to determine
eligibility to continue occupancy and assigned a Certification Date.
Tenants are also sent a notice for annual inspection to determine cleanliness and
compliance with applicable Occupancy Rules. Tenant's whose inspections do not meet
standards of the Project are given 30 days to correct the deficiency.
Tenants provide all requested financial information for recertification and the Property
Manager compiles all the information on a worksheet, and then transfers the totals to the
Tenant Certification Form RD 3560-8. Once the adjusted income has been calculated
Property Manager explains to the applicant how the rental rate was determined. Tenant
signs the certification form attesting to the validity of the financial information.
13. Record Keeping:
Completed applications received are kept in a locked file cabinet after the applicant has
been added to the wait list. A fee of $35.00 is required as part of the application process.
This fee covers the cost of a criminal background check, credit check and landlord check
for evictions.
Current tenant files containing the lease, background check, any addendums, application,
current and prior certifications with supporting financial information, correspondence and
contact information is also keep in a locked filing cabinet.
14
14. Rent Collection
The lease agreement between the Tenant and Owner states that all rents are due by the 1St
of the month and no later than the I Oh of the month or a late fee of $25.00 will be
charged. There is one exception to the late fee. On occasion a Social Security check is
received the third week of the month, which prevents a tenant from meeting the 10th of
the month deadline. In these cases, we will accept a check by the 25th for the current
month without a late fee.
Tenants hand deliver rent checks or cash to the Property Manager, either in person or by
dropping their payments in a secure, locked "Green Box" located in the Golden Eagle
Laundry room, which is accessible before and after business hours.
Property Manager records each payment on a rent roll. The rent roll specifies tenant
name, rental rate, rent paid, check number and date. The rent roll also defines and
breaks out security and pet deposit payments, application fees and other payments, such
as repayment of unauthorized rental assistance under a separate heading.
Copies of all checks are made and kept with a copy of the deposit slip. Receipts are
given for all security deposits made.
A deposit is then made to the operations account at the bank. Deposits into the
operations account include paid rent, application fees and laundry facility income.
A deposit is made to the security deposit account when there are pet deposits and security
deposits.
In the event an applicant includes both rent and security deposit in the same check, a
request to transfer the applicable security deposit amount from the operations account to
the security deposit account is sent to the finance department of the Agent, after approval
from the Director of Housing.
The Property Manager is responsible for collection and recording of all payments to the
Project and then disseminating the rent roll and deposit documentation to the Agent's
finance department.
15. Rate Changes
Property Manager processes all rate change requests to Rural Development after approval
of such rate change by the Board of Directors.
Request for rental rate increases and changes in the utility allowance are submitted to
Rural Development for review and approval 90 days prior to the beginning of the new
fiscal year and in conjunction with submission of the proposed annual budget.
Request for any change in rental rate or utility allowance is done in accordance with RD
3560. Tenant notices as to rental rate change and utility allowance changes are hand
delivered to each resident and also posted outside the Property Management Office 60
days prior to implementation of the proposed rate changes. Notices and postings are in
English and in Spanish. 15
16. Maintenance:
The Project's as built plans are located at the Agent's Facilities Maintenance Department.
Updated plans will be handled by the contractor and the Property Manager.
The preventative and corrective maintenance of the Project is necessary to the ongoing
integrity of the Project. To this end we have developed check lists for preventative
maintenance and move in move out inspections. See Attachment B.
It is the responsibility of the Property Manager and Maintenance staff to communicate on
all aspects of the maintenance program from furnace inspection to snow removal.
Golden Eagle plans for and provides an effective preventive maintenance program, repair
and replacement program, in addition to managing emergency repairs and replacement as
necessary.
A. Snow removal
Snow removal from sidewalks and parking lot will be done by the Maintenance staff
person when there is a snow fall of two inches or more. Ice Melt will be put down
routinely during freezing and snowy weather. Tenants each receive a small
container/sprinkler of ice melt at the beginning of the winter season. Refills of ice melt
are made available in a container easily accessed for all tenants.
B. Move -outs
An apartment will be inspected upon tenant move out. Any damage will be priced for
repair and/or replacement and the tenant will be given written documentation as to
charges to be deducted from the security deposit in accordance with State Landlord
Tenant's laws.
C. Move -ins
Upon Turnover a vacated apartment requires painting and cleaning of the unit. At that
time it is determined if carpeting, vinyl flooring, and stove and refrigerator are to be
cleaned or replaced and then ordered for a timely delivery and installation for occupancy.
Interior painting is the responsibility of the maintenance staff person. All apartments are
painted the same color.
D. Exterior Painting
Exterior painting will be done by a commercial painting contractor when necessary.
Request for Bids will be published and contract will be awarded based on meeting all
criteria in the RFB.
E. Maior repairs and grounds maintenance.
The Maintenance Person is responsible for timely repairs on all work orders submitted by
the Property Manager or tenants. Major repairs that cannot be addressed by maintenance
will be contracted for with an outside vendor.
The grounds maintenance will be done by the maintenance person.
16
F. Garbaize and Trash Removal.
The garbage and trash removal is contracted out to the City of Eagle. Dumpsters are
provided for the tenants to empty their personal trash. Garbage disposals are furnished
in each apartment. The City of Eagle empties the dumpsters twice per week.
Additional pickups will be added in the event two pickups become inadequate to remove
the refuse.
G. Common areas
Each apartment has a private entrance from the outside eliminating need for hallway or
entryway janitorial services. All common ground areas and the parking lot will be
maintained by the maintenance staff.
H. Maintenance Requests
Occupancy rules, paragraph 5 states:
Tenants may pick up a maintenance request in the laundry room next to the Green Box or
at the Property Manager's office.
TENANTS who require maintenance in their apartment
must fill out a maintenance request form and drop it off at
the Property Manager's Office or in the Green Box at the
Golden Eagle Senior Center.
Tenants must fill out a maintenance request in order to have work completed and tracked.
I. Purchase orders
Golden Eagle Elderly Housing does not use a purchase order system. The Property
Manager has a credit card for purchases where Golden Eagle does not have an account.
The invoices and charge receipts are submitted to the agency for timely payment.
I Reserve funds
The annual budget submitted to RD will reflect anticipated use of reserve funds for the
coming year, such as appliance replacement or furnace replacement. In the event of any
emergency purchases requiring reserve funds will be submitted for approval to the RD
office.
K. Laundry
The only supplemental service provided at Golden Eagle is a laundry room located at the
Golden Eagle Senior Center in the middle of the apartment complex. Golden Eagle
Elderly Housing has purchased and own two coin operated washers and two coin
operated dryers for use by tenants only. There is a maintenance contract with Sears to
maintain these washers and dryers.
The Property Manager is responsible to empty the coin boxes, record and deposit the
income from these machines into the operations account.
All operating instructions and warnings are posted on each machine.
17
17. Accounting Methods
A. Agent uses the accrual method for accounting. The Property Manager is
responsible for tenant records, collection of rent, security deposits, fees, and
other income then recording and deposit of income into the appropriate account.
This information is provided to agents finance officer.
Agents finance officer is responsible for accounts payable, reconciliation of
accounts and compilation and generation of quarterly and annual reports.
The Property Manager is responsible to input the financial reports into MINC
from reports generated by the finance officer.
B. The 2007 budget was created specifically to be compatible with Form RD3560-7.
Budgets, quarterly, and annual reports are all reported through the MINC system
in compliance with RD 3560.
C. There are no other properties owned by Golden Eagle Elderly Housing
Corporation.)
D. The annual audit is conducted by an outside firm who is not associated with the
project or the agent, and their specific responsibility to perform the audit and
generate a report on their findings.
18. Tenant Records
Applicant files and current tenant files which include but are not limited to application,
background and credit checks, landlord references, signed release of information forms,
notices, certifications and supporting documentation, leases and all additional
correspondence pertaining to the tenant are kept in a locked file in the Property
Management Office. Property Manager maintains these files.
Previous tenant records are retained in the Property Manager's office for one year and
then archived at agents offices.
The maintenance requests generated by the tenants are retained in the maintenance office
after the work has been performed.
RD will review the financial records with the Finance officer at the agents' offices and
the tenant and maintenance records will be reviewed at the Property Manager's office.
19. Energy conservation measures and practices.
Tenants receive updated conservation information from both the electric company, Holy
Cross Energy and the gas company, Kinder Morgan. Kinder Morgan is requested
annually to review every furnace and replace the filters to enhance efficient operation of
the furnaces.
18
Nine buildings which comprise Golden Eagle Senior Apartments received a complete
exterior renovation which was also designed to assist in energy conservation. New
vinyl clad, thermal pane windows replaced aluminum single pane windows, a new layer
of siding and stucco will add insulation to the exterior walls of the buildings. Installation
of roof vents and a new roof will add an insulating factor to each apartment.
We have addressed water conservation by reducing the number of water dependent
foliages with bark. From 2007 to 2012 we will embark upon Xeriscaping of the grounds.
And replace an inefficient irrigation system with a zoned system which will be a
substantial savings on water costs.
20. Tenant Relations:
It is the policy of Golden Eagle Elderly Housing Corporation, its Agent and staff to work
cooperatively with the tenants and the tenant's association. Our representative will attend
all meetings, if requested, and respect tenants' right to meet without representation from
the Ownership.
Golden Eagle Elderly Housing Corporation, its Agent and staff will work to create
solutions through compromise with the Tenants Association, with the provision that any
compromise will not be in conflict or opposition to the Occupancy Rules or regulations
set forth in RD 3560.
21. Tenant Grievance Policy and Appeals Procedure
A. The Tenant Grievance Policy and Appeals Procedure are given to each
resident upon lease signing and acknowledgement of receipt is included in
the lease.
B. The Tenant Grievance Policy and Appeals Procedure are posted on a
bulletin board across from the entry to the Property Manager's office.
C. Copies of the Tenant Grievance Policy and Appeals Procedure are
available to tenants in a display file next to the Green Box in the Golden
Eagle Laundry room, accessible before and after business hours and also
outside of the Property Manager's office.
D Grievance and Appeals Procedures will be followed as required in
RD3560.160
E. The Property Manager will present any tenant grievance filed to the Board
of Directors, either by email or during a Board meeting. After
consideration and discussion of the grievance, the Board will determine
A response to the tenant which will be drafted and mailed certified mail,
return receipt requested, or hand delivered to tenant and marked as to date
and time.
19
22. Staff Training
It is the Policy of Golden Eagle Elderly Housing Corporation and it's agent to train on
site staff members in:
A. Fair Housing Laws
B. Non Discrimination and Harassment Laws
C. Star Training for the Property Manager
D. Additional training as necessary to be proficient in federal law and
regulations and state and local laws that pertains to management of the
Project.
E. Agent's HR department designs and implements training in areas
of team work, building relationships, leadership and other management
practices in order to elevate the standards of behavior and practice of its
employees.
17. Termination of leases or occupancy agreements and eviction.
The Property Manager is responsible for knowledge and application of RD 3560,
Occupancy Rules, Lease agreements and the eviction process.
The Golden Eagle Elderly Housing Corporation's Policy is to work diligently to work out
a compromise with tenants in violation of lease provisions and occupancy rules, through
conversations and written notices. In the event compromise is not possible,
documentation of material non compliance of the terms of the lease agreement, non
payment of rent and repeat violations of the Occupancy Rules, the Property Manager will
seek to terminate the lease agreement by either:
A. Non -renewal of the tenants lease
B. Eviction.
Documentation of such violations will be the responsibility of the Property Manager.
Agent's attorneys are responsible for knowing and administering notifications to be given
to a tenant when termination of the lease agreement is imminent and will implement all
requirements for eviction under State and Local judicial processes.
18. Insurance
It is the responsibility of Agent's Financial Officer to secure and maintain all insurance
coverage including fidelity insurance in accordance with Rural Development's
requirements.
20
19. Management agreement.
The Management Agreement between Golden Eagle Elderly Housing Corporation and
Eagle County is included in this Management Plan as Attachment C.
Covered under the Management agreement:
A. Management compensation.
B. On-site management.
C. Duties and responsibilities of the on-site management staff.
There will be no live -on-site manager for this Project. Both the Property Manager and
Maintenance Staff are furnished Cell phones and are on call 24 hours per day.
The Business Office Hours are 9:30 to 4:30, Monday through Friday, except Holidays
approved by the Agent.
At all times there will be notice posted in the Laundry Room and on the bulletin board
across from the Property Managers Office. The information stated on the notice includes:
A. Business office telephone number
B. Regular business office hours
C. 24 hour emergency on call phone numbers of:
1. The Property Manager, cell phone and home phone
2. The Maintenance Person, cell phone and home phone
3. Health Emergency, 911
Management Plan approved by:
By Project Owner: GOLDEN EAGLE ELDERLY HOUSING CORPORATION
RHS Project Number 05-019-481259681-010
Name/Title: President of the Board of Directors
Signature Date:
Management Plan accepted by:
By Management Agent: EAGLE COUNTY GOVERNMENT
Name/Title: E e unty Commissioner
Signature Date
21
Management P1an.2006.doc
GOLDEN EAGLE SENIOR APARTMENTS
Interior Physical Standards
❑ Move in inpection
❑ Annual recert inspection Date
Resident Apt. # General condition Tenant Maintenance
Good Fair Poor Good Fair Poor
FLOORING
Carpet is dean and without excessive wear
Carpet seams are secure and stretched prop"
Resilient flooring is clean and unstained
Resilient flooring is free of tears and breaks
WALLS, FLOORS, AND CEILINGS
Walls and ceilings are free of holes
Wallboard joints are secure and free of cracks
Walls and ceilings are free of water leak/damage
Walls and ceilings are free of material that may fall
WINDOWS AND DOORS
All doors are free of holes and metal doors free of rust
Door hardware is secure, unbroken and easily operates
Deadbolts are in place and secure
Windows ran be easily opened and dosed
Window interiors are free of moisture damage
Windows are free of bent blinds or tom curtains
ELECTRICAL, AIR-CONDITIONING, HEATING
Units are free of bare wires, uncovered outlets
Switches working property without evidence of arching
Light fixtures are u broken and operable
Heating and cooling modes function property/thermostat
WATER HEATERS
Water heaters operate properly, do not leak
Provide adequate hot water
Water heaters are supplied with temperature pressure relief valves
SMOKE ALARMS AND CARBON MONOXIDE ALARMS
Located according to local code
Operating properly
EMERGENCY CALL SYSTEM
Operating property
Switches located in bathroom and bedroom
Switches fumished with pull cord and the down position is ON
INSECTNERMIN INFESTATION
Units free of visible signs of insects or rodents
Units free of signs of insect or rodent damage
RANGE AND RANGE HOOD
Housing is sound and finish is free of chips, damage , rust
Electrical connections secure and insulated
All range elements operate
Doors and drawers secure
Control knobs and handles in place and secure
Range hood fan and light are operable
Range top and burner pans dean and free from chips
Oven is leaned and free from build up
REFRIGERATOR
Housing is sound and finish is free of chips, damage, rust
Cooler and freezer operating satisfactorily
Shelves and door container secure and free from rust
Door gaskets in good condition and functioning properly
Refrigerator is dean and free of spoiled food
APARTMENT UNITS
SINKS
Finish is free of chips, damage, rust
Sink is free of cracks, breaks and leaks
Strainer in good condition and in place
Fittings working properly and free of leaks
Plumbing connections under cabinet are free of warps
Sink secured to wall, counter or vanity top
Sinks is dean and surrounding area is dean
INSPECTION WORKSHEET
ATTACHMENT A
GOLDEN EAGLE SENIOR APARTMENTS
Interior Physical Standards
❑ Move in inpection
❑ Annual recert inspection Date
Resident Apt. # General condition Tenant Maintenance
Good Fair Poor = Good Fair Poor
CABINETS
Cabinets and vanities are secure to wall and floor
Cabinet faces, doors and drawers fronts not broken/peeling
All drawers and doors are in place and working properly
Counter tops secure and free of bum marks or chips
Shelves in place, fastened securely and free of warps
Bottoms under sink are free of evidence of warps, breaks and
Counters, vanities and back splashes are properly caulked
WATER CLOSET
Stool is free of cracks, breaks, and is securely fastened to the floor
Seal is secure and in good condition
Tank is free of cracks, breaks and leaks
Lit fits and is in good condition
Flushing mechanism is in good condition and operates properly
Water closet base at floor is properly caulked
Water closet and bowl are clean and free from
BATHTUB AND SHOWER STALL
Finish is free of chips, damage and signs of rust
Tub and shower are free of cracks breaks and leaks
Strainer is in good condition and in place
Walls and floors of bathtub are properly caulked\
Top and sides of shower stall are properly caulked
Bathtub and shower walls are clean and have no scum build up
ACCESS
LIVING ROOM
The living room furnishings allow easy access through the room
The living room is free of debris and paper accumulations
BEDROOM
The path to the bedroom is dear and accessible to EMT's
There are no obstacles or furniture blocking the path
There is easy access to the bed and pull cord
BATHROOM
The bathroom is accessible
The bathroom pull cord is accessible
KITCHEN
Dishes are clean and put away
77
Food is not laying out to spoil
Garbage has been disposed of property
Counter tops are free of clutter
CLOSETS
Flammable items are not stored
Closets are neat and orderly
NOTES:
Resident
Date
Golden Eagle Apts. Date
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ATTACHMENT C
MANAGEMENT AGREEMENT FOR GOLDEN EAGLE ELDERLY HOUSING
CORPORATION
This Management Agreement, between Golden Eagle Elderly Housing Corporation (the
"Owner") and Eagle County (the "Agent") will become effective and in full force on
January 16, 2007, under the terms and conditions set forth herein. This agreement is
contingent upon written approval of the US Department of Agriculture, Rural
Development.
1. General terms:
A. Appointment and Acceptance. The Owner appoints the Agent as the
exclusive management agent for the property described as in paragraph B of this
agreement, and the Agent accepts the appointment, subject to the terms and
conditions set forth in this agreement.
B. Proiect Description. The property to be managed by the Agent under
this agreement (the "Project") is a housing development consisting of the land,
buildings, and other improvements which make up
RD Project Number 05-019-481259681-010
The project is further described as follows:
Name: Golden Eagle Senior Apartments
700 Broadway
PO Box 850
Eagle, CO 81631
County: Eagle County
The Project is comprised of thirty six (36) one bedroom apartments and is
designated as a low income elderly housing project under Rural Development
3560.
2. Definitions As used in this agreement:
A. "RD" means the United States Department of Agriculture, Rural
Development division, including any successor agencies.
B. "Principle parties" means the Owner and the Agent
C. "Owner" means Borrower
D. "Agent" as used in this agreement, means the person or business entity,
including employees at the Agent's office and the project site, engaged in
the task of providing management of an RD financed Multi Family
Housing project under a contractual arrangement with the Owner.
E. "Agency" means Rural Development (RD)
3. Management Agreement Term
Agent will manage the project for the term and fee described below. Changes in the fee
will be implemented only in accordance with Rural Development's requirements.
A. Term of Agreement: 3 years
B. Fees: $ 7300.00 annual fee for 2007, and subsequent increases as needed
to cover Agent's costs under this agreement, provided that the increases
will not exceed Rural Developments Maximum Management Fee for the
State of Colorado, known as PUPM calculated according to RD 3650.
4. Management Agreement Fee
The management fee, as described above is to compensate the Agent for providing
oversight to the project including, but not limited to the following:
A. Overseeing compliance with National, state, and local laws and
regulations;
B. Establishing strong project management policies and procedures; and
C. Overseeing the implementation laws, regulations, policies, and
procedures through the supervision of onsite staff.
Owner and Agent agree:
A. To comply with Rural Development requirements and contract
obligations, and agree that no payments have been made to the owner in
return for awarding the management contract to the agent, and that
such payments will not be made in the future.
B. Disbursement of management fees from project income will be made only
after:
(1) We have submitted this Certification to Rural Development;
(2) Rural Development has approved the Agent to manage this
project; and
(3) Rural Development has approved the management fee (if
required).
C. We understand that no fees may be earned or paid should the Owner or
Rural Development terminate this Management Agreement.
In the event Rural Development notifies Owner or Agent of an excessive management
fee, the Agent, will within 30 days of the notice either:
A. Reduce the compensation to an amount Rural Development determines to
be reasonable and,
B. Require the Agent to refund to the project all excessive fees collected, or
C. Appeal the decision and abide by the results of the appeal process,
making any required reductions and refunds within 30 days after the date
of this decision letter on the appeal.
5. Identity of Interest:
The Owner and Agent will comply with Agency requirements and
contract obligations, agree that no payments have been made to anyone in return
for awarding the management contract to the management agent, and ensure that
such payments will not be made in the future;
2. The Owner and the Agent will refrain from purchasing goods and
services from entities that have identity -of -interest (IOI) relationships with the
borrower or the management agent until the IOI relationship has been disclosed to
the Agency and not denied by the Agency; and
3. The Owner, Agent, and supplier of goods and services agree that all records
relating to the housing project are the property of the project, the Agency, and
the Agency's representatives.
4. The Owner and Agent must obtain materials, supplies, utilities, and services at a
reasonable cost and seek the most advantageous terms for the project. The
Owner or Agent must credit any rebates, fees, proceeds, or commissions
generated by transactions using project funds to the project.
5. Owner and Agent certify that we have read and understand Rural Development's
definition of "identity -of -interest" and that the statement(s) checked
and information entered below are true.
A. No identity -of -interest exists among the Owner, the Agent and
any individuals or companies that regularly do business with the
project, or
B. Only the individuals and companies listed on Form RD 3560-31
have an identity -of -interest with the Owner.
6. Termination of this Management Agreement by Rural Development
Rural Development has the right to terminate the Management Agreement for failure to
comply with the provisions of this Certification, or other good cause, 30 days after Rural
Development has mailed the owner a written notice of its desire to terminate the
Management Agreement.
In the event of a default under the Mortgage, Note or Loan a
agreement/Resolution, Rural Development has the right to terminate the
Management Agreement immediately upon Rural Development's issuance of a
notice of termination to the Owner and Agent.
2. If Rural Development exercises this right of termination, I, the Owner, agree to
promptly make arrangements for providing management that is satisfactory to
Rural Development.
3. If there is a conflict between the Management Agreement and Rural
Development's rights and requirements, Rural Development's rights and
requirements will prevail.
4. If the Management Agreement is terminated, I, the Agent, will turn over all of the
project's cash, trust accounts, investments and records to the Owner within 30
days of the date the Management Agreement is terminated.
7. Management Agent Agreements
Management Agent agrees to:
A. Comply with this project's Mortgage and Promissory Note, and Loan
Agreement/ Resolution or Workout Agreement.
B. Comply with Rural Development Handbooks or other policy directives
that relate to the management of the project.
C. Comply with Rural Development requirements regarding payment and
reasonableness of management fees and allocation of management
costs between the management fee and the project account.
D. Refrain from purchasing goods or services from entities that have identity -
of -interest with us unless the costs are as low as or lower than arms -length,
open -market purchases.
E. Select and admit tenants, compute tenant rents and assistance payments,
recertify tenants and carry out other subsidy contract administration
responsibilities in accordance with HB -2-3560 and other Rural
Development regulations.
F. Comply with and acknowledge RD 3560-13, Multi -Family Project
Owner's/Management Agent's Management Certification.
8. Management Agent Services
The following items and services will be provided by Management Agent in return for
the management fee set forth in Paragraph 3 of this agreement:
A. Supervision by the management agent and staff (time, knowledge, and
expertise) of overall operations and capital improvements of the site.
B. Hiring, supervision, and termination of onsite staff
C. General maintenance of project books and records (general ledger,
accounts payable and receivable, payroll, etc.). Preparation and
distribution of payroll for all onsite employees including the costs of
preparing and submitting all appropriate tax reports and deposits,
unemployment and Workers' Compensation reports, and other IRS or
state -required reports.
D. Preparation and submission of proposed annual budgets and negotiations
for approval with RHS, HUD, or other governmental agencies and the
borrowers.
E. Preparation and distribution of RHS, HUD, Housing Finance Authority
(HFA), or other governmental agency and normal financial reports to
borrowers, RHS, HUD, HFA, or other governmental agency.
F. Preparation and distribution of required year-end reports to RHS, HUD,
HFA, or other governmental agency and borrowers.
G. Preparation of requests for reserve withdrawals, rent increases, or other
required adjustments.
H. Arrangement of preparation by outside contractors of Energy Audits and
Utility Allowance analysis. Implementation of appropriate changes.
I. Preparation and implementation of Affirmative Fair Housing Marketing
Plans (AFHMPs) as well as general marketing plans and efforts.
J. Reviews of tenant certifications and submission of monthly Rental
Assistance requests, overage, and monies collected for occupancy
surcharge. Submission of payments where required.
K. Preparation, approval, and distribution of operating disbursements and
oversight of project receipts and reconciliation of deposits.
L. Overhead of management agent including:
Establishment, maintenance, and control of an accounting system
adequate to carry out accounting supervision responsibilities.
2. Maintenance of agent office arrangements, staff, equipment,
furniture, and services necessary to communicate effectively with
the properties, RHS, HUD, HFA, or other governmental agency
and with the borrowers and the main office.
3. Postage expenses related to the normal responsibility for mailings
to the properties, RHS, HUD, HFA, or other governmental agency,
the tenants, the vendors and the borrowers.
4. Expense of telephone and facsimile communication to the
properties, tenants, RHS, HUD, HFA, or other governmental
agency and the borrowers.
5. Direct costs of insurance (fidelity bonds covering central office
staff, computer and data coverage, general liability, etc.), directly
related to protection of the funds and records of the borrower.
6 Central office staff training and ongoing certifications.
7. Maintenance of all required profession and business licenses and
permits. (This does not include site office permits or licenses.)
8. Insurance coverage for Agents office and operations (Property,
Auto, Liability, Errors and Omissions (E&O), Casualty, Workers'
Compensation, etc.).
9. Travel of Agent staff to the properties for onsite inspection,
training, or supervision activities.
10. Agent bookkeeping for their own business.
11. Attendance at meetings (including travel) with tenants, borrowers,
investors, and/or RHS, HUD, HFA, or other governmental agency.
12. Development, preparation, and revision of management plans
and/or agreements.
13 Coordination of HUD vouchers with tenants including reporting
to all pertinent agencies and borrowers.
14. Direct the investment of project funds into required accounts.
15. Maintenance of bank accounts and monthly reconciliations.
16. Preparation, request for, and disbursement of borrower's initial
operating capital (for new projects), as well as administration of
annual return to borrower.
17. Account maintenance, settlement, and disbursement of security
deposits.
18. Work with auditors for initial setup of audits and annually
thereafter for audit preparation and review. Assistance with
supplemental letters and preparation of Form RD 3560-10,
Borrower Balance Sheet, as well as other RHS, HUD, HFA, or
other governmental agency reports.
19. Storage of records and adherence to records retention equirements.
20. Assistance to onsite staff with tenant relations and problems.
21. Assistance in severe actions (eviction, death, insurance loss, etc.).
22. Oversight of general and preventive maintenance procedures and
policies.
23. Development and oversight of asset replacement plans.
24. Oversight of preparation of Section 504 reviews, development of
plans, and implementation of improvements necessary to comply
with plans and Section 504 requirements.
25. Reporting to general and limited partners and State Agencies for
LIHTC compliance purposes.
26. Conduct annual self evaluations and transition plans or the
property in accordance with Management Plan.
27. operate the housing project in accordance with RD 3560 and the
Owner's Management Plan, receipt of which is hereby
acknowledged.
Owner and Agent mutually agree to the terms and responsibilities set forth in this
Management agreement.
Owner:
Golden Eagle Elderly Housing Corporation
President, Bo6rd of Directors
Date
Agent:
Eag Commi sinner
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