HomeMy WebLinkAboutC21-079 Habitat for HumanityASSIGNMENT OF AFFORDABLE HOUSING CREDITS
THIS ASSIGNMENT OF AFFORDABLE HOUSING CREDITS (the “Assignment”) is made and
entered into, effective on ___________________, (the “Effective Date”), by and between HABITAT FOR
HUMANITY VAIL VALLEY, INC., a Colorado nonprofit Corporation (“Assignor”), and EAGLE
COUNTY HOUSING AND DEVELOPMENT AUTHORITY (“Assignee”), with reference to the
following facts:
RECITALS:
A.Assignor holds 1.62 affordable housing credits, which equals 1,824 square feet of affordable
housing credits, pursuant to (i) the Fox Hollow PUD Preliminary Plan, which includes the Fox
Hollow Housing Plan approved pursuant to Board of County Commissioners County of Eagle,
State of Colorado (the “Board”) Resolution 2005-125 recorded on October 27, 2005 at Reception
No. 934772 (the “Housing Plan”), (ii) Board Resolution No. 2010-071, Renewal of Fox Hollow
Housing Credits Until August 11, 2015 dated June 22, 2010 (the “2015 Extension”), and (iii)
Board Resolution No. 2015-83, Adjustment and Extension of Fox Hollow Housing Credits Until
September 22, 2020 dated September 29, 2015 (the “2020 Extension”).
B.The parties have executed and delivered this Assignment in order to memorialize the assignment
by Assignor to Assignee of the total of 1,824 square feet of affordable housing credits (the
“Assigned Interest”).
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby take the following
actions:
1.ASSIGNMENT OF OWNERSHIP INTEREST. Assignor hereby assigns, transfers, sets over, and
conveys to Assignee all of Assignor’s right, title, and interest in and to the Assigned Interest as of
the Effective Date. Assignor agrees to sign any and all applications, acknowledgments or
approvals, if any, necessary or desirable to transfer the Assigned Interest to Assignee.
2.CONSIDERATION. In consideration of Assignor’s assignment pursuant to Section 1, above,
Assignee hereby (a) agrees to pay Assignor the sum of Sixty One Thousand and No/100 Dollars
($61,000) upon execution of this Assignment; and (b) accepts the assignment of the Assigned
Interest and all rights of Assignor under the Housing Plan, the 2015 Extension and the 2020
Extension with respect to the Assigned Interest.
3.MISCELLANEOUS
a.Governing Law; Jurisdiction; Venue. The validity, interpretation, enforceability, and
performance of this Assignment shall be governed by and construed in accordance
with the law of the State of Colorado. Each party hereby consents to the jurisdiction
of the courts of the State of Colorado for purposes of construing and enforcing the
rights created herein. The exclusive venue for all disputes arising hereunder shall be
the District Court in and for Eagle County, Colorado.
b.Counterparts; Electronic Transmission. This Assignment may be executed in
counterparts, each of which shall be deemed an original, but all of which together
shall constitute one and the same instrument. This Assignment may be executed or
delivered by email or facsimile transmission and the signatures thereon shall be
DocuSign Envelope ID: 4EEDDBE7-34DF-4039-BF32-BCA5143927A3
3/16/2021
C21-079
binding as originals.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment, effective as of the
date set forth above.
ASSIGNOR:
HABITAT FOR HUMANITY VAIL VALLEY, INC.,
a Colorado nonprofit corporation
By: John Welaj, Executive Director
ASSIGNEE:
EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
By: Matt Scherr, Commissioner
DocuSign Envelope ID: 4EEDDBE7-34DF-4039-BF32-BCA5143927A3
