HomeMy WebLinkAboutC09-137 Riverview Apartments Grant Assist AppOFFICE OFTHE
BOARD OF COMMISSIONERS
(970) 328 -8605
FAX: (970) 328 -8629
Email: eagleadmin @eaglecounty.us
www.eaglecounty.us
June 5, 2009
Mr. Bill Whaley
Division of Housing
1313 Sherman Street #518
Denver, CO 80203
Re: Riverview Apartments
Dear Mr. Whaley:
a P
SARA J. FISHER
PETER F. RUNYON
JON STAVNEY
We are writing in support of the renovation and preservation of the Riverview
Apartments. The county purchased the apartment complex in 1999 and intends to hold
the property for the long term. Although we have done some rehabilitation to the
property over the past ten years as cash flow allowed, it is now time for a major
renovation of the property to preserve its long term existence.
We have several goals for the renovation of this project: to preserve the number of rental
apartments on the site, to improve the curb appeal of the project, to increase the energy
efficiency of the project, and to add some property amenities to improve the livability of
the project for the tenants.
That being said, given the economic situation the county is facing, the county is unable to
contribute any additional funds to the project at this time. We are, however, willing to
defer the payment of development fees. Additionally, should the proceeds from the sale
of the property to a tax credit partnership be in excess of the existing debt on the
property, the county would be willing to keep those proceeds in the property by
structuring a cash flow note.
Please feel free to contact us at 970 - 328 -8605 should you have any additional questions.
Sincerely,
Eagle County Board of Commissioners
Sara J. Fisher Peter F. Runyon n Stavney
Chairman Commissioner ommissioner
Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850
AUTHORIZED SIGNATURE SHEET
The Chief Elected Official of the governmental unit, officer of the private corporation, or
appropriate signatory must sign below. In the case of multi-jurisdictional applications for
CDBG funds, an executed Intergovernmental Agreement must be submitted, designating a
lead governmental agency as the applicant and administrator of any award. If an IGA is not
available, the Chief Elected Official of EACH local government must sign.
To the best of my knowledge and belief, statements and data in this application, including the
required Statement of Assurances and Certifications (Attachment A), attached tables and
other documentation, are true and correct.
Signature
Signature
Signature
Sara J. Fisher
Name (Typed or Printed)
Name (Typed or Printed)
Name (Typed or Printed)
Chairman of the Eagle County Board of
County Commissioners
Title
Title
Title
May 5, 2009
Date
Date
Date
Signature
Signature
Signature
Name (Typed or Printed)
Name (Typed or Printed)
Name (Typed or Printed)
Title
Title
Title
Date
Date
Date
CD(�H.-Application—,'�,-09—�,,,tor-king
ATTACHMENT A
APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS
The application must adhere to the following assurances and certification, that it:
1) possesses legal authority to apply for the loan /grant and to execute the proposed project, and its governing body has duly adopted or
passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and
assurances required, and directing and authorizing the applicant's chief executive officer and /or other designated official representatives to
act in connection with the application and to provide such additional information as may be required; and
2) will give the State, the U.S. Department of Housing and Urban Development (HUD), and any state authorized representatives access to and
the rights to examine all records, books, papers or documents related to the application and grant
3) is following a detailed citizen participation plan which:
I. provides for and encourages citizen participation that emphasis on participation by persons of low and moderate income
who are residents of areas which Community Development Block Grant (CDBG), Home Investment Partnership (HOME),
Housing Development Grant (HDG) and Revolving Loan Fund (RLF) funds are proposed to be used;
I1. provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and
actual use of CDBG, HOME, HDG and RLF funds;
III. provides for technical assistance to groups representative of persons of low and moderate income that request such
assistance in developing proposals with the level and type of assistance to be determined by the applicant;
IV. provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the
community development program, including at least assessing needs, review of proposed activities, and review of program
performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual
beneficiaries, and with accommodation for the handicapped;
V. provides for a timely answer to written complaints and grievances, within 15 working days where practicable; and
VI. identifies how the needs of non - English speaking residents will be met in the case of public hearings where a significant
number of non - English speaking residents can be reasonably expected to participate.
4) has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income
who are residents of areas in which CDBG, HOME, HDG and RLF funds are proposed to be used; by:
I. furnishing citizens information concerning the amount of funds available for proposed housing activities and the range of
activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit
persons of low and moderate income. Its plans for minimizing displacement of persons as a result of activities assisted with
CDBG, HOME, HDG and RLF funds and its plan for assisting persons actually displaced as a result of such activities;
II. publishing a proposed project plan /application in such a manner to afford citizens an opportunity to examine its content and
to submit comments on the proposed project plan /application and on the community development performance of the
jurisdiction(s);
111. holding one or more public hearings, as indicated below, to obtain citizens view and responses to proposals and questions
related to community development and housing needs, proposed activities and past CDBG, HOME, HDG, and RLF
performances. All hearings were held no sooner than five days after notice, at times and locations convenient to potential
or actual beneficiaries, and with accommodation for the handicapped and for the needs of non - English speaking residents
where a significant number of such residents could have been reasonably expected to applicant(s);
* ** Aoolicant/Particiaant In the case of a "multi jurisdictional" application, each participating municipality and county must hold at least one public
hearing.
Public Hearings:
Date Time Location
10/21/2008 _6:00 PM —Eagle-Vail Pavilion, Eagle -Vail Colorado
Sara J. Fisher, Chaim1fan of the Eagle County Board of County Commissioners Date
CD OH.- Ar)r)li c` iior-i,-3- 09_vvorkitig
ATTACHMENT B
DISCLOSURE REPORT
1. Are you requesting more than $200,000 from the Division of Housing? Yes -X No
2. Have you received or applied for other HUD funding for this project that would make the total amount of HUD
funds in the project more than $200,000? Yes - No -X
If the answer to either 1 or 2 of this Part is "Yes ", then you must complete the remainder of this report.
If the answer to both 1 and 2 of this Part is "No ", then you are only required to sign the following certification and need not
complete the remainder of this report.
hereby certify that this information is true.
JIM*- L& "o
Sara J. Fisher, Ch irman of the Eagle County Board of County Commissioners Date
3. Financial Investors
Alphabetical List of All with a Financial
Interest in the Project of over $50,000
or 10% of Total Project Costs
Soc. Security
or Employer ID #
Role in Project
Financial Interest in
Project ($ & %)
Eagle County Board of
County Commissioners
84-6000762
Owner
100%
4. 1 hereby certify that the information provided in this disclosure is true and correct and I am aware that any false
information provided or lack of information knowingly made or omitted may subject me to civil or criminal
penalties under Section 1001 of Title 18 of the United States Code. In addition, I am aware that if I knowingly
and materially violate any required disclosure of information, including intentional nondisclosure, I am subject to
a civil money penalty not to exceed $10,000 for each violation.
Sara J. 'her, Chairman of the Eagle County Board of County Commissioners Date
CDOH_Applicatio- n-3-09-1-working
ATTACHMENT C
SUGGESTED FORMAT FOR PUBLIC HEARING ANNOUNCEMENT
(Replace this form with your Notarized Proof of Publication)
This notice must be published as a legal notice in a newspaper of general circulation in the area for one day at least five
days prior to the public hearing.
The Board of County Commissioners will submit an application to the Colorado Division of Housing. Before an
application is submitted to the Division of Housing we invite all interested persons to attend a public hearing on May 5,
2009. The purpose of this application is to request $432,000.00 to renovate 72 units of rental housing at 38969 US Hwy 6
nd 24.
The proposed development will increase the availability of affordable housing in our community. The request of funding
from the Division of Housing is to benefit persons with low and moderate incomes. It is not the intent to cause
displacement from any existing housing; however, if persons are displaced from their. existing residences reasonable
housing alternatives will be offered.
Written comments should be mailed to PO Box 850, Eagle, CO 81631 and will be forwarded to the Division of
Housing for consideration during the application process.
If special accommodations are needed for persons attending the public hearing, please let us know in advance.
INSTRUCTIONS FOR COMPLETING PUBLIC NOTICE
State the specific purpose of the funding request, the amount requested, the address /location of the housing development
or service area of the housing assistance.
The name of the applicant and the anticipated application submission date.
The time and place of the public hearing. The public hearing must be held in the community of the proposed project. For
other housing assistance projects, such as down payment or housing rehabilitation assistance, it must be held at a central
location.
The public hearing must be held in a location that is handicapped accessible and convenient for all citizens especially
those households directly benefiting from the requested assistance.
The public hearing "proof of publication" must be submitted to CDOH with the application. This submission should include
the written record of comments raised by persons in attendance at the public hearing and the applicant's response.
Division of Housing staff will be in attendance at all public hearings proposing to (redevelop rental or "for sale" properties.
Applicants for CDOH funding are encouraged to involve residents and local governments in their development
process and in the formulation of their management policies. The Division will provide each successful CDOH
applicant guidelines for adopting "Good Neighbor" practices.
(-- D OH_AppIicafio — 30 -09 —v orkirig
ATTACHMENT D
RESIDENTIAL ANTI DISPLACEMENT AND RELOCATION ASSISTANCE PLAN
The Eagle County Board of County Commissioners will replace all occupied and vacant low /moderate income dwelling units
demolished or converted to a use other than as low /moderate income housing as a direct result of activities assisted with HOME funds,
as required by Section 105(b) of the Cranston- Gonzales National Affordable Housing Act (42.U.S.C. 12705(b)) and or with CDBG
funds, as required by Section 104(d) of the Housing and Community Development Act of 1974, as amended (the Act).
All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to
conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Eagle County Board of
County Commissioners will make public and submit to the State the following information in writing:
1. Description of the proposed assisted activity; the general location on a map and approximate number of dwelling units by
size (number of bedrooms) that will be demolished or converted to a use other than as low /moderate dwelling units as a
direct result of the assisted activity; and a time schedule for the commencement and completion of the demolition or
conversion.
2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be
provided as replacement dwelling units; the source of funding and a time schedule for the provision of, replacement
dwelling units; and, the basis for concluding that each replacement dwelling unit will remain in a low /moderate income
dwelling unit for at least 10 years from the date of initial occupancy.
3. Information demonstrating that any proposed replacement of housing units with smaller dwelling units (e.g., a 2- bedroom
unit with two 1- bedroom units), or any proposed replacement of efficiency or single -room occupancy (SRO) units with units
of a different size, is appropriate and consistent with the housing needs and priorities identified in the approved
Consolidated Plan.
To the extent that the specific location of the replacement housing and other date in items 1 through 3 are not available at the time of
the general submission, the Eagle County Board of County Commissioners will identify the general location of such housing on a map
and complete the disclosure and submission requirements as soon as the specific data are available and will provide relocation
assistance, as described in 570.496a(b)(2), to each low /moderate income household displaced by the demolition of housing or by the
conversion of a low /moderate income dwelling to another use as a direct result of assisted activities. The Eagle County Housing_ and
Development Authority ((970) 328 — 8770) will be responsible for tracking the replacement of low /moderate income housing and
ensuring that it is provided within the required period and will be responsible for providing relocation payment and other relocating
assistance to any low /moderate income person displaced by the demolition of any housing or the conversion of low /moderate income
housing to another use.
Consistent with the goals and objectives of activities assisted under the Act, the Eagle County Board of County Commissioners will
take the steps indicated below to minimize the displacement of persons from their homes:
Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2). The substantial cost of
providing such assistance serves as a strong deterrent to unnecessary displacement. (REQUIRED)
Replace all occupied and vacant occupiable low /moderate income housing demolished or converted as a direct result of
HOME - assisted project activities, and makes such replacement housing affordable for at least ten years. The substantial
cost of providing such replacement housing serves as a strong deterrent to unnecessary displacement. (REQUIRED)
Consider all practical alternatives to any proposed project, which may result in residential displacement. Alternatives to be
considered include other sites for the proposed facilities /project. Also to be considered are the costs and benefits, both
financial and non - financial, of each alternative.
.__..._
47-t I A _' to
Sara J. Fisher, Chair n of the Eagle County Board of County Commissioners Date
NOTE: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI - JURISDICTIONAL APPLICATION IS
REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN.
CEDOH Application 3-09 vvorkwig
OFFICE OF THE BOARD OF
COUNTY COMMISSIONERS
(970) 328 -8605
FAX: (970) 328 -8629
EMAIL: eaa lead m in (&-eag lecou nty.-us
www.eaglecounty.us
April 22, 2009
EAGLE COUNTY
SARA J. FISHER
PETER F. RUNYON
JON STAVNEY
EAGLE RIVERVIEW AFFORDABLE HOUSING CORPORATION, a Colorado non - profit corporation
PO Box 850, Eagle CO 81631
Re: Property at: 39169 US HWY 6 and 24
Purchase Price: Six Million Five Hundred Thousand and No /Dollars ($6,500,000.00).
Buyer: RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership
This is to inform you that RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership would like to
purchase the property listed above. We have offered you the purchase price listed above for clear title to the property
under the conditions described in the contract of sale.
Because Federal funds may be used in the purchase, however, we are required to disclose to you the following
information:
1. This sale is voluntary. If you do not wish to sell, RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited
partnership will not acquire your property. RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited
partnership does not have the authority to acquire your property by force.
2. We estimate the fair market value of the property to be: Six Million Five Hundred Thousand and No /Dollars
($69500,000.00).
Since the purchase would be a voluntary, arm's length transaction, you would not be eligible for relocation payments or
other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA), or any other law or regulation.
If you have any questions about this matter, please contact (contact person) at (phone number)
Sincerely,
Applicant signature:
RIVERVIEW APARTMENTS PRESERVATION LP
By: Sara J. Fisher
Chairman
Eagle County Board of County Commissioners
I have read the above and agree with the statem'e therein:
Owner signature: .-
EAGLE RIVER IEW AFFORDABLE USING CORPORATION, a Colorado non - profit corporation
By: Peter Runyon °`
Director
CDOH Apoiication 3 -09 working �.4 a > - c,, )
i.=
1
ATTACHMENT H
STANDARD INSURANCE REQUIREMENTS
State of Colorado insurance requirements are as follows and apply to all CDOH funded projects. Grantee and its sub - grantees
and subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All
policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee
and the State.
Grantee
Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24 -10 -101, et seq.,
as amended (the Governmental Immunity Act "), then Grantee shall maintain at all times during the term of this Grant
such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under such Act.
Grantee ,shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee
shall require each grant or contract with a sub - grantee or subcontractor which is a public entity, providing Goods or
Services in connection with this Grant, to include the insurance requirements necessary to meet sub- grantees liabilities
under the Act.
Non - Public Entities
If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and
maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in
subsection B of this section with respect to sub - grantees and sub-contractors which are not "public entities ".
Sub - grantees and Subcontractors
Grantee shall require each contract with a sub - grantee or subcontractor, other than those that are public entities, providing
Goods or Services in connection with this Grant to include insurance requirements substantially similar to the following:
Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub-
grantee or subcontractor employees acting within the course and scope of their employment.
General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises
operations, fire damage, independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
■ $1,000,000 each occurrence; 0 $1,000,000 products and completed
■ $1,000,000 general aggregate; operations aggregate; and
■ $50,000 any one fire.
If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub - grantee or subcontractor shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other
document satisfactory to Grantee showing compliance with this provision.
Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of
$1,000,000 each accident combined single limit.
Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability
Insurance policies (leases and construction contracts require additional insured coverage for completed operations on
endorsements CG 2010 11/85, CG 2037, or equivalent).
Primacy of Coverage
Coverage required of the sub - grantee or subcontractor shall be primary over any insurance or self - insurance program
carried by Grantee or the State.
Cancellation
The above insurance policies shall include provisions preventing cancellation or non - renewal without at least 45 days
prior notice to the Grantee and the State by certified mail.
Subrogation Waiver
All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub - grantees or
subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under
subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
Certificates
Each of Grantee's subcontractors and subgrantees shall provide certificates showing insurance coverage required hereunder to
Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or
delivery of the Goods under the subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage,
each subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by
the Department or at any other time during the term of a subcontract or subgrantee, Grantee may request in writing, and the
subcontractor or subgrantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the
Department of compliance with the provisions of this section.
I agree to provide and maintain the insurance as described above t1000)
Sara J. Fisher, Chairman of the Eagle County Board of Count Commissioners
CDOH_Applicaflon 3-09 working
ATTACHMENT I
IMMIGRATION POLICY
State of Colorado legal resident requirements are as follows and apply to all CDOH funded projects;
Legal Resident.
Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the
United States pursuant to CRS §24- 76.5 -101 et seq. when such individual applies for public benefits provided under this
Grant by requiring the following:
Identification:
The applicant shall produce one of the following personal identifications:
A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.;
or
A United States military card or a military dependent's identification card; or
A United States Coast Guard Merchant Mariner card; or
A Native American tribal document.
Affidavit
The applicant shall execute an affidavit herein attached as Form 2, Affidavit of Legal Residency, stating:
That they are United States citizen or legal permanent resident; or
That they are otherwise lawfully present in the United States pursuant to federal law.
I agree to provide and maintain the legal resident requirements as described above
Sara J. Fisher, Chairman of the Eagle County Board of County Commissioners
The Contract will include Form 2, an attachment each recipient of
housing assistance must sign and provide valid photo ID:
FORM 2
AFFIDAVIT OF LEGAL RESIDENCY
I, Sara J. Fisher
the State of Colorado that (check one):
® I am a United States citizen, or
swear or affirm under penalty of perjury under the laws of
❑ I am a Permanent Resident of the United States, or
❑ I am lawfully present in the United States pursuant to Federal law.
I that this sworn statement is required by law because I have applied for a public benefit or I am a sole proprietor entering
into a contract or purchase order with the State of Colorado. I understand that state law requires me to provide proof that I
am lawfully present in the United States prior to receipt of this public benefit or prior to entering into a contract with the
State. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit
is punishable under the criminal laws of Colorado as perjury in the second degree under CRS §18 -8 -503 and it shall
constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature
t5.4401
Date
C;DOH— Ar)olfcation._3 -i )9— working
# I
TERM SHEET
1) Requested hearing date: (First choice) 05/05/09 (Second
choice) 05/12/09
2) For County Manager signature: N/A
3) Requestint! department: Housing and Development Department
4) Title: Department of Local Affairs, Colorado Department of Housing,
Application for Grant Assistance
5) Check one: Consent: ecord:
X e,
6) Staff submitting: NI-I Yuri Kostick
7)
8)
9)
Puryo.se. $432,000.00 Grant request to rehabilitate Riverview Apartments
Schedule: Pending Application with the State agency review
9) Financial considerations: N/A
Other:
Z/
1 41-611
�l �J
APPROVED AS TO FORM
By-07Z4'. A 4.
Eagle County Attorney's Office
By:
--Eagle County commissioners' Office
