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HomeMy WebLinkAboutECHDA22-10 Golden Eagle Edlerly Housing Corporation PROPERTY MANAGEMENT AGREEMENT BETWEEN GOLDEN EAGLE ELDERLY HOUSING CORPORATION AND EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY THIS AGREEMENT, entered into on _______________ and effective as of the 1st day of January, 2022, by and between GOLDEN EAGLE ELDERLY HOUSING CORPORATION, a Colorado non-profit corporation (hereinafter called “Owner”) and the EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY, a public body corporate and politic (hereinafter called “Manager”). WHEREAS, Owner is the owner of the property located at 700 Broadway Street, Eagle, Colorado consisting of 36 apartment units and associated facilities ("Premises"); and WHEREAS, the Premises is operated under a United States Department of Agriculture Rural Development ("USDA RD") project contract with the project number 05-019-481259681-010 and WHEREAS, the Premises is financed with two USDA RD multiple family housing loans subject to the rules and regulations of 7 CFR Part 3565 and USDA RD HB-3565 (hereinafter called “Loans”), WHEREAS, the Owner agrees to have the Premises managed by competent professionals; and WHEREAS, Manager has the personnel and resources necessary to competently and professionally manage the multifamily residential apartment complex and has familiarized itself with the Premises, including its physical condition and operations under USDA RD rules and regulations; and WHEREAS, Owner wishes to obtain the benefits of Manager’s expertise in the field of real estate management by relinquishing to Manager control and discretion in the operation, direction, management and supervision of the Premises subject to the terms and provisions of this Agreement, and Manager for a fee agrees to assume said control and discretion in the operation, management and supervision of the Premises on behalf of Owner. NOW, THEREFORE, in consideration of the mutual covenants herein contained and of other good and valuable consideration, the parties hereto agree as follows: ARTICLE 1 APPOINTMENT Owner hereby contracts with Manager to manage, operate, direct, and supervise the Premises on behalf of Owner and to provide services as required under Article 6 of this Agreement. ARTICLE 2 TERM           2 Subject to and upon the terms and conditions set forth herein, or in any exhibit or addendum hereto, this Agreement shall commence on January 1, 2022, and shall continue in force, ending at 11:59 p.m. on December 31, 2025, subject, however, to the termination provisions in Article 13. ARTICLE 3 RELATIONSHIP All actions by Manager in performing its duties and providing services pursuant to this Agreement shall be for the account of the Owner. With the exception of the exclusions outlined in Article 11, Owner agrees to be responsible for all costs, expenses, and disbursements incurred by Manager, consistent with Section 7.2, in providing management and operational services hereunder, such as, for example, but not limited to, contracts for landscaping or maintenance services and orders for supplies and equipment. ARTICLE 4 DELEGATION AND ASSIGNABILITY Manager shall have the right to delegate its responsibilities under this Agreement to employees of Manager or to engage independent contractors for performance of any part of the services to be provided hereunder. Neither the Owner, nor Manager, shall assign all or any part of this Agreement without the prior written consent of the other parties to this Agreement. ARTICLE 5 PROVISIONS REQUIRED BY USDA RD Owner, under the terms of this Agreement, has delegated responsibilities and performance of services to Manager for a fee. The delegated responsibilities and services include but are not limited to: 5.1 USDA RD has the right to terminate this Agreement for failure to comply with the provisions of USDA RD 3560-13, or other good cause, 30 days after USDA RD has mailed the owner a written notice of its desire to terminate this Agreement. 5.2 In the event of a default under the Mortgage, Note or Loan Agreement/Resolution, USDA RD has the right to terminate this Agreement immediately upon USDA RD’s issuance of a notice of termination to Owner and Manager. 5.3 If USDA RD exercises this right of termination, Owner agrees to promptly make arrangements for providing management that is satisfactory to USDA RD. 5.4 If there is a conflict between this Agreement and USDA RD’s rights and requirements, USDA RD’s rights and requirements will prevail. 5.5 If this Agreement is terminated, Manager, will give to Owner all of the project’s cash, trust accounts, investments, and records within 30 days of the date the Agreement is terminated.          3 5.6 Owner will agree to submit a new USDA RD 3560-13 to USDA RD before taking any of the following actions: 5.6.1 Authorizing Manager to collect a fee different from the fees specified in the approved USDA RD 3560-13. 5.6.2 Changing the expiration date of this Agreement. 5.6.3 Renewing this Agreement. 5.6.4 Permitting a new manager or agent to operate the Premises. 5.6.5 Permitting a new manger or agent to collect a fee. 5.6.6 Undertaking self-management of the Premises. 5.7 Owner, Manager, and employees will: 5.7.1 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. 5.7.2 Give families with children equal consideration for admission, provided the head of household or spouse is otherwise eligible. 5.7.3 Give handicapped persons priority for subsidized units that were built and equipped specifically for the handicapped. 5.7.4 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 Premises receives any form of direct federal financial assistance. 5.7.5 Follow all laws and regulations which prohibit discrimination against applicants or tenants who are handicapped or of a certain age. 5.7.6 Furnish USDA RD any reports and information required to monitor the Premises’ compliance with USDA RD’s fair housing and affirmative marketing requirements. 5.7.7 Not discriminate against any employee, applicant for employment, or contractor because of race, color, handicap, religion, sex, or national origin. 5.7.8 Provide minorities, women, and socially and economically disadvantaged firms equal opportunity to participate in the Premises’ procurement and contracting activities.          4 5.8 Owner and Manager agree to operate the Premises in accordance with the Management Plan. The Management Plan is attached as Attachment A and incorporated herein by this reference. 5.9 Owner and Manager will comply with USDA RD 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. 5.10 Owner and Manager will comply with USDA RD handbooks, notices, and other policy directives that relate to the management of the housing project. 5.11 This Agreement between Owner and Manager complies with the requirements of USDA RD 3560. ARTICLE 6 SERVICES OF MANAGER The following items and services will be provided by Manager in return for the management fee set forth in Article 19: 6.1 Supervision by the Manager and staff (time, knowledge, and expertise) of overall operations and capital improvements of the site. 6.2 Hiring, supervision, and termination of onsite staff. 6.3 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. 6.4 Preparation and submission of proposed annual budgets and negotiations for approval with Rural Housing Service (“RHS”) or other governmental agencies and the borrowers. 6.5 Preparation and distribution of RHS or other governmental agency and normal financial reports to borrowers, RHS, or other governmental agencies. 6.6 Preparation and distribution of required year-end reports to RHS or other governmental agency and borrowers. 6.7 Preparation of requests for reserve withdrawals, rent increases, or other required adjustments. 6.8 Arrangement of preparation by outside contractors of energy audits and utility allowance analysis. Implement appropriate changes. 6.9 Preparation and implementation of Affirmative Fair Housing Marketing Plans as well as general marketing plans and efforts.          5 6.10 Reviews of tenant certifications and submission of monthly rental assistance requests, overage, and monies collected for occupancy surcharge. Submission of payments where required. 6.11 Preparation, approval, and distribution of operating disbursements and oversight of project receipts and reconciliation of deposits. 6.12 Overhead Services of Manager including: 6.12.1 Establishment, maintenance, and control of an accounting system adequate to carry out accounting supervision responsibilities. 6.12.2 Maintenance of Manager office arrangements, staff, equipment, furniture, and services necessary to communicate effectively with the properties, RHS, or other governmental agency and with the borrowers and the main office. 6.12.3 Postage expenses related to the normal responsibility for mailings to the properties, RHS or other governmental agencies, the tenants, the vendors, and the borrowers. 6.12.4 Expense of telephone and facsimile communication to the properties, tenants, RHS or other governmental agencies and the borrowers. 6.12.5 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. 6.12.6 Central office staff training and ongoing certifications. 6.12.7 Maintenance of all required profession and business licenses and permits. (This does not include site office permits or licenses.) 6.12.8 Insurance coverage for Manager’s office and operations (Property, Auto, Liability, Errors and Omissions, Casualty, Workers' Compensation, etc.). 6.12.9 Travel of Manager staff to the properties for onsite inspection, training, or supervision activities. 6.12.10 Manage bookkeeping for their own business. 6.12.11 Attendance at meetings (including travel) with tenants, borrowers, investors, RHS, or other governmental agencies. 6.12.12 Development, preparation, and revision of management plans and/or agreements. 6.12.13 Ongoing coordination with USDA RD and with tenants including reporting to all pertinent agencies and borrowers. 6.12.14 Direct the investment of project funds into required accounts.          6 6.12.15 Maintenance of bank accounts and monthly reconciliations. 6.12.16 Preparation, request for, and disbursement of borrower’s initial operating capital (for new projects), as well as administration of annual return to borrower. 6.12.17 Account maintenance, settlement, and disbursement of security deposits. 6.12.18 Work with auditors for initial setup of audits and annually thereafter for audit preparation and review. Assistance with supplemental letters and preparation of USDA RD 3560- 10, balance sheet, as well as other RHS or other governmental agency reports. 6.12.19 Storage of records and adherence to records retention requirements. 6.12.20 Assistance to onsite staff with tenant relations and problems. 6.12.21 Assistance in severe actions (eviction, death, insurance loss, etc.). 6.12.22 Oversight of general and preventive maintenance procedures and policies. 6.12.23 Development and oversight of asset replacement plans. 6.12.24 Oversight of preparation of USDA RD Section 504 reviews, development of plans, and implementation of improvements necessary to comply with plans and Section 504 requirements. 6.12.25 Conduct annual self evaluations and transition plans for the property in accordance with management plan. 6.12.26 Operate the housing project in accordance with USDA RD HB 3560 and the Owner’s management plan. ARTICLE 7 MANAGER’S AUTHORITY 7.1 Manager’s Authority. Manager’s authority is expressly limited to the provisions provided herein or as may be amended in writing from time to time by Owner and mutually agreed to in writing. 7.2 Approved Operating Budget. Owner’s approval of the operating budget shall constitute approval for Manager to expend money from the operating account to operate and manage the Premises, and Manager may do so without further approval as long as Manager does not exceed the aggregate amount set forth in the approved budget. 7.3 Approved Capital Budget. Owner’s approval of the capital budget shall constitute an authorization for Manager to expend any money for capital expenditures.          7 7.4 Contracts. Manager may enter into contracts for maintaining, repairing, or servicing the Premises subject to the approved operating budget. 7.5 Compliance with Laws. It is the intent of Owner that the Premises be operated in full compliance with federal, state and municipal laws, ordinances, regulations, and orders relative to the use, operation, repair and maintenance of the Premises. Manager shall promptly endeavor to remedy any violation or potential violation of any such law, ordinance, rule, regulation or order which comes to its attention and shall promptly report any violation or potential violation and proposed action to be taken to Owner. 7.6 Expenses Regarding Violations. Expenses incurred in remedying violations of the kind referred to in Article 7.5 may be paid from the operating account provided such expenses do not exceed one thousand and no/100 dollars ($1,000.00) in any one instance. When more than such amount is required or if the violation is one for which Owner might be subject to penalty, Manager shall transmit notice of such violation to Owner to assure that prompt arrangements may be made to remedy the violation. 7.7 Emergency. In case of emergency, Manager may make expenditures for repairs which exceed budget or prior approvals from Owner without prior written approval if it is necessary to prevent damage or injury. Owner must be informed of any such expenditure within the next five (5) business days. 7.8 Structural Changes. Owner expressly withholds from the Manager any power or authority to make any structural changes in any building or to make any other major alterations or additions in or to any such building or equipment therein, or to incur any expense chargeable to the Owner other than expenses related to exercising the express powers above vested in the Manager without the prior written direction of Owner. 7.9 Competent Employees. Manager is specifically authorized and directed by Owner to employ and supervise competent employees to adequately and reasonably maintain and protect the Premises. The personnel to be employed, the number of personnel, and their compensation shall be subject to the approval of Owner as part of the approved operating budget. All expenses incurred by Manager in employing such staff shall be paid by Owner as provided in Article 11. ARTICLE 8 INSURANCE 8.1 Owner to Obtain Adequate Insurance. Manager will obtain on Owner’s behalf, insurance in Owner’s name and at Owner’s expense, insuring against physical damage, liability for loss against business interruption, and damage or injury to property or persons of third persons which may arise out of the occupancy, management, operation, or maintenance of the Premises. Coverage terms and amounts must be approved by Owner. Additionally, Manager shall: (a) notify Owner within twenty-four (24) hours after Manager receives notice of any such loss, damage, or injury; (b) take no action (such as admission of liability) which might bar Owner from obtaining any protection afforded by any policy Owner may hold or which might prejudice Owner in its defense to a claim based on such loss, damage, or injury; and          8 (c) agree that Owner shall have the exclusive right, at its option, to conduct the defense to any claim, demand, or suit within limits prescribed by the policy or policies of insurance. 8.2 Information Furnished. The Manager shall furnish whatever information is requested by Owner for the purpose of establishing the placement of insurance coverages and shall aid and cooperate in every reasonable way with respect to such insurance and any loss thereunder. Owner shall include in its hazard policy covering the Premises, personal property, fixtures, and equipment located thereon. Manager shall make recommendations regarding the amounts and types of insurance to be carried by the Owner but the Owner shall make the final determination of the amounts of insurance, the types of coverage, the insuring companies, and the agencies writing such insurance. 8.3 Subcontractor’s Insurance. Manager shall require that subcontractors brought onto the Premises have insurance coverage. The Manager shall obtain and keep on file a certificate of insurance which shows that the subcontractor is insured. ARTICLE 9 OWNER’S RIGHT TO AUDIT 9.1 Owner’s Right to Audit. Owner reserves the right to conduct examinations, without notification, of the books and records maintained for Owner by Manager no matter where books and records are located. Owner also reserves the right to perform any and all additional audit tests relating to Manager’s activities; either at the Premises, or at any office of Manager, provided such audit tests are related to those activities performed by Manager for Owner. 9.2 Government Right to Audit. Manager is subject to audit by USDA RD pursuant to the contract and Loans, and Manager will cooperate in any such audit. 9.3 Correction of Discrepancies. Should Owner or USDA RD, discover either weakness in internal control or errors in record keeping, Manager shall correct such discrepancies either upon discovery or within a reasonable period of time. Manager shall inform Owner in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted by Owner will be at the sole expense of Owner. ARTICLE 10 BANK ACCOUNTS 10.1 Operating Account. Manager shall deposit on a regular basis all rents and other funds collected from the operation of the Premises for the purpose of paying operating expenses in a bank approved by Owner. 10.2 Security Deposits. Manager shall keep and maintain security deposits in a separate account pursuant to Section 6.12.17 herein.          9 10.3 Change of Banks. Owner may direct Manager to change a depository bank or the depository arrangements for its respective Premises. 10.4 Access to Accounts. Owner shall be permitted access through additional signature cards if requested. ARTICLE 11 PAYMENT OF EXPENSES 11.1 Expenses Paid From Operating Account. The following costs are to be paid directly from the operating account: (a) Any and all costs necessary to the management, operation, leasing, and maintenance of the Premises that are covered within the approved budgetary guidelines as outlined in Articles 6 and 7. (b) Costs of the gross salary and compensation for the operations and accounting personnel who are associated directly or indirectly with the management of the Premises. Said costs shall include gross salaries and bonuses, payroll taxes, insurance, workmen’s compensation, and other employee benefits. (c) All operations and accounting expenses incurred by Manager in the execution of Manager’s responsibilities pursuant to the terms of this Agreement, the initial set-up and continuing costs of the electronic data processing, and the computer service costs of the monthly operating report, including both the summary and detailed accounts. (d) Cost of all non-standard printed forms, notices, checks, invoices, purchase orders, reports, envelopes, etc. required for compliance with the terms and conditions of this Agreement, or as may be requested by Owner; the cost of all audits required by the terms of this Agreement. (e) Any other costs approved in writing by Owner to Manager. 11.2 Office of Manager. Manager reserves and is granted the right to maintain an office on the Premises of a size reasonably related to the operation of the Premises. Manager shall not be required to pay for heat, light, or rent for the Premises occupied as its office. ARTICLE 12 INSUFFICIENT INCOME If at any time the gross income (or cash in the operating account) from the Premises shall not be sufficient to pay the bills and charges which may by incurred with respect to the Premises, Manager shall notify Owner immediately upon first projection or awareness of a cash shortage or pending cash shortage and Owner and Manager shall jointly determine payment priority. Manager shall not be obligated to pay said expenses and charges from its own account. After Manager has paid, to the extent of available funds, all bills and charges based upon the ordered priorities set jointly by Owner and Manager, Manager shall submit to Owner a statement of all remaining unpaid bills. Owner shall immediately and without delay          10 make all reasonable efforts to provide sufficient monies to pay any unpaid expenses before they become delinquent. ARTICLE 13 TERMINATION 13.1 Termination for Cause. Owner may terminate this contract upon fifteen (15) days written notice with cause. Cause shall be defined as the occurrence of any of the following events: 13.1.1 (i) the filing of a voluntary petition in bankruptcy; (ii) being adjudicated as bankrupt or insolvent; (iii) filing of any merger petition or seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute or law relating to bankruptcy, insolvency, or other relief for debtors, whether federal or state; (iv) Manager seeking, consenting to, or acquiescing in the appointment of an y trustee, receiver, conservator, or liquidator of Manager, or of all or any substantial part of its properties (the terms “acquiescing,” as used herein, shall be deemed to include but not be limited to the failure to file a petition or motion to vacate or discharge any order, judgment or decree providing for such appointment within the time specified by law); (v) a court of competent jurisdiction entering an order, judgment, or decree approving a petition filed against Manager seeking any reorganization arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future statute or law relating to bankruptcy, insolvency or other relief of debtors, whether federal or state, and Manager either consents to or acquiesces (as hereinabove defined) in the entry of such order, judgment, or decree, or such order, judgement or decree shall remain unvacated or unstayed for an aggregate of sixty (60) days from the date of entry thereof; or (vi) the appointment of a trustee, receiver, conservator, or liquidator of Manager of all or any substantial part of its properties without the consent of or acquiescence of Manager which remains unvacated or unstayed for an aggregate of sixty (60) days; or 13.1.2 (i) Manager fails to perform any of its services in the manner or within the time required herein; or, (ii) Manager commits or permits a breach of or default in any of its duties, liabilities, or obligations hereunder; or 13.1.3 USDA RD’s termination of this Agreement for those reasons stated in Article 5 herein. 13.2 Termination for Convenience. Owner may terminate this contract for its convenience and without cause upon ninety (90) days written notice to Manager. 13.3 Manager’s Right to Compensation. If this Agreement is terminated by any party as provided above, it is further agreed: 13.3.1 Notwithstanding any other provision herein to the contrary, Manager’s right to compensation shall cease as of the effective date set forth in the notice of termination, except that Manager shall be entitled to all monies owed to Manager by Owner up to the effective date of termination. 13.3.2 That Manager’s powers and authority under this Agreement shall cease and terminate at the effective date set in the notice of termination.          11 13.4 Final Accounting. Manager shall deliver to Owner the following with respect to the Premises: 13.4.1 A final accounting after termination of this Agreement, reflecting the balance of income and expenses on the Premises as of the effective date of termination to be delivered within fifteen (15) days after such termination, 13.4.2 Any balance or monies of Owner held by Manager with respect to the Premises, shall be delivered immediately after such effective termination date and thereafter promptly after same are received by Manager. 13.4.3 All records, software, contracts, leases, receipts for deposits, unpaid bills, and other papers or documents which pertain to the Premises also shall be delivered immediately upon such effective termination date. ARTICLE 14 COOPERATION 14.1 Should any claims, demands, suits, or other legal proceedings be made or instituted by any person against Owner which arise out of any of the matters relating to the Agreement, Manager shall give Owner all pertinent information and reasonable assistance in the defense or other disposition thereof, at the sole expense of Owner. This obligation of Manager shall survive the termination or expiration of this Agreement. 14.2 Upon termination of this Agreement, Manager will give to Owner all books, cards, registers, receipts, documents, tapes, disks, and other information with respect to the Premises and the management thereof which Manager has in its possession and shall cooperate, as requested by Owner, in the transition to a new manager of the Premises. ARTICLE 15 MANAGER’S LIABILITY 15.1 Except as otherwise stated herein, Manager shall not in the performance of this Agreement, be liable to Owner or to any other person for any act or omission of any agent or employee of Owner or Manager, or its subsidiaries or affiliates, unless the same results from negligence or willful misconduct of Manager, its officers, employees, or agents. 15.2 Notwithstanding any other provisions of this Agreement, in no event shall Owner make any claim against Manager, or its affiliates or subsidiaries on account of any alleged errors of judgment made in good faith in connection with the operation of the Premises hereunder by Manager or the performance of any advisory or technical services provided by or arranged by the Manager. 15.3 Owner shall not object to any expenditure made by Manager in good faith in the course of its management of the Premises or in settlement of any claim arising out of the operation of the Premises unless such expenditure is specifically prohibited by this Agreement.          12 ARTICLE 16 REPRESENTATION Owner hereby represents that in entering into this Agreement, Owner understands that no guaranty is made or implied by Manager, or any of its affiliated companies as to the future financial success of the Premises. ARTICLE 17 REASONABLE CONSENT Whenever in this Agreement the consent or approval of Manager or Owner is required, such consent or approval shall not be unreasonably withheld. ARTICLE 18 NOTICES All notices, demands, consents and reports provided for in this Agreement shall be in writing and shall be given to the appropriate Owner or Manager at the address set forth below or at such other address as they may specify hereafter in writing: MANAGER: Eagle County Housing and Development Authority PO Box 850 Eagle, CO 81631 Attn: Kim Williams, Executive Director with a copy to: Eagle County Attorney’s Office P.O. Box 850 Eagle, Colorado 81631-0850 OWNER: Golden Eagle Elderly Housing Corporation P.O. Box 850 Eagle, CO 81631 Such notice or other communication may be by electronic mail or may be mailed by United States mail, postage prepaid, and may be deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the post office. Such notices, demands, consents, and reports may also be delivered by hand, or by any other method or means permitted by law. Notice delivered by mail shall be deemed given the third business day after deposit in the United States mail.          13 ARTICLE 19 COMPENSATION By the 25th day of each month, the Manager shall receive remuneration for its services in managing the Premises for such month as follows: A fee in the amount of $673.00 per month. This fee may be increased from time to time at a rate no greater than 3% per year. To the extent that rental income from the property in any month is not sufficient to pay the fee due under this Agreement, such fee shall accrue without interest until rental income is available, at which time accrued portions of the fee shall be then due and payable. ARTICLE 20 MISCELLANEOUS 20.1 Construction. The plural may include the singular and the singular may include the plural and this Agreement shall be interpreted in this regard as the context may require. 20.2 Amendment. Except as otherwise herein provided, any and all amendments, additions or deletions to this Agreement shall be null and void unless approved by the parties affected thereby in writing. 20.3 Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. 20.4 Complete Agreement. This Agreement supersedes and takes the place of any and all previous negotiations, representations, and oral agreements between the parties hereto. 20.5 Waiver. The waiver of any of the terms and conditions of this Agreement on any occasion or occasions shall not be deemed as waiver of such terms and conditions on any future occasion. 20.6 Binding Nature. This Agreement shall be binding upon and inure to the benefit of Owner, each of its successors and/or permitted assigns, and shall be binding upon and inure to the benefit of Manager, and its permitted assigns. There shall be no third-party beneficiaries to this Agreement. 20.7 State Law and Venue. This Agreement shall be construed, interpreted and applied in accordance with and shall be governed by, the laws applicable in the State of Colorado. Venue for any dispute arising from or related to this Agreement shall be in the courts of Eagle County, Colorado. 20.8 Rebates. Manager agrees it will not collect or charge any undisclosed fee, rebate, or discount, and if any such should be received by Manager, these will be credited to the account of the Owner. 20.9 Divisibility. In the event any Article or Section of this Agreement is deemed illegal or unlawful, said Article or Section shall be struck from this Agreement and all other Articles and Sections shall remain valid and in full effect.          14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year above written. OWNER: GOLDEN EAGLE ELDERLY HOUSING CORPORATION By: _____________________________ Jeanne McQueeney, President MANAGER: EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: _____ Kim Williams, Executive Director          PUPM fee is below the PUPM fee specified in HB-2-3560, Attachment 3-F, as revised, for the term specified above (applied to revenue producing occupied units only) Fee Amount: $ . FORM APPROVED OMB NO 0575-0189 FORM RD 3560-13 (Rev. 12-08) MULTI-FAMILY PROJECT BORROWER'S/MANAGEMENT AGENT'S Borrowers of multifamily housing loans are required by 7 C.F.R. §3560.102 (j) to submit certain data for review by the Servicing Official for approval of a new management agent. These requirements apply to all multifamily projects. Effective Date (xx-xx-20xx): Project Name:Borrower Case# /Project ID: City/State: Acting on behalf of , the project borrower (Borrower), and , the management agent (Agent), make the following certifications and agreements to the United States Department of Agriculture regarding management of the above project. 1. We certify that: a. We have executed or will execute, within 30 days a management agreement (Agreement) for this project. The Agreement provides that the Agent will manage the project for the term and for the Per Unit Per Month (PUPM) management fee described below. Changes in the management fee will be implemented only in accordance with Rural Development's requirements. (1) Term of Agreement (xx-xx-20xx through xx-xx-20xx): (2) Fees: PUPM fee as specified in HB-2-3560, Attachment 3-F, as revised, for the term specified above (applied to revenue producing occupied units only). a) b) Add-On Fees as specified in HB-2-3560, Check all that apply. Include total add-on fees below. (applied to revenue producing occupied units only) Management of properties with 15 units or less. One project that has buildings located on different noncontiguous parcels of land (i.e. across town or in another town). Management of properties in a remote location. Troubled properties with workout plans and new management only. We will disburse management fees from project income only after: (2) Rural Development has approved the Agent to manage this project We understand that no fees may be earned or paid after Rural Development has terminated the Agreement If Rural Development notifies me of a management fee above that listed in HB-2-3560; Attachment 3-F the Agent will within 30 days of the notice either: (1) 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 the 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 administrative responsibilities in accordance with HB-2-3560 and Rural Development regulations. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is notrequired to respond to, a collection of information unless it displays a valid OMB control number. The valid OMBcontrol number for this information collection is 0575-0189. The time required to complete this information collectionis estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing datasources, gathering and maintaining the data needed, and completing and reviewing the collection of information. MANAGEMENT CERTIFICATION We will comply with Rural Development requirements and contract obligations, and agree that no payments have been made to the Borrower in return for awarding the management contract to the Agent, and that no such payments will be made in the future. b. c) c. (1) We have submitted this certification to Rural Development: d. e. 09-01-2022 Golden Eagle Elderly Housing 519948125/9681010 Eagle, CO 81631 Golden Eagle Elderly Housing Eagle Cty Hsg & Dev Aut 01/01/2022 through 12/31/2022 ✔ 20.69          (1) We agree to: a. Comply with Rural Development Handbooks and other policy directives that relate to the management of the project. Comply with Rural Development requirements regarding payment and reasonableness of the management fee and the project account. Refrain from purchasing goods or services from entities that have identity of interest with us unless the requirements of 7C.F.R. §3560.102(g) are met. The Agent agrees to: Ensure that all expenses of the project are reasonable and necessary. Exert reasonable effort to maximize project income and to take advantage of discounts, rebates and similar money-saving techniques. Obtain contracts, materials, supplies and services including the preparation of the annual financial reports on terms most advantageous to the project. Credit the housing project with all discounts, rebates or commissions including any sales or property tax relief granted by the State or local government received. Maintain copies of the documentation and make such documentation available for inspection during normal business hours.Invest project funds that Rural Development policies require to be invested and take reasonable effort to invest other project funds unless the Borrower specifically directs the Agent not to invest those funds. We certify that the types of insurance policies checked below are enforceable and will be maintained to the best of our ability at all times. Fidelity bonds and hazard insurance policies will name Rural Development as co-payee in the event of loss. Note: for any box not checked, Rural Development may require an explanation as to why a certain type of insurance was not obtained. a.Fidelity bond or employee dishonesty coverage for: all persons who participate directly or indirectly in the management or maintenance of the project and its assets, accounts and records. Hazard insurance coverage required by 7 C.F.R. §3560.105. Public liability insurance required by 7 C.F.R. §3560.105. Other (specify) as may be required by 7 C.F.R. §3560.105. 6. Furnish a written response to Rural Development's supervisory visit review reports, physical inspection reports, and written inquiries regarding the project's annual financial statements or monthly accounting reports within 30 days after receipt of the report or inquiry. Establish and maintain the project's accounts, books and records in accordance with: (1) Rural Development's administrative requirements; and We agree that: All records related to the operation of the project, regardless of where they are housed, shall be considered the property of the project. Rural Development, the Office of Inspector General (OIG), and those agencies' representatives may inspect: Any records which relate to the project's purchase of goods or services, The records of the Borrower and the Agent, and The records of companies having an identity-of-interest with the Borrower, Rural Development and the Agent. 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 by Rural Development, the Borrower or Agent, the contractor or the 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 Borrower agrees to request from the contractor or supplier such records within seven (7) days of receipt of Rural Development's request. We agree to include the following provisions in the Agreement and to be bound by them: Comply with this project's Mortgage and Promissory Note, and Loan Agreement/Resolution or Workout Agreement. b. c. d. 3. 4. a. b. c. d. e. f. Obtain the necessary verbal or written cost estimates and document reasons for accepting other than the lowest bid. g. 5. all principals of the Agent and(1) (2) b. c. d. a. The Agent agrees to: b. (2) Accounting principles under C.F.R. §3560.302(b). 7. a. b. (2) (3) c. 8. ✔ ✔ ✔          Rural Development has the right to terminate the Agreement for failure to comply with the provisions of this Certification, or other good cause. If Rural Development exercises this right of termination, I, the Borrower, agree to promptly make arrangements for providing management to the property that is satisfactory to Rural Development. If there is a conflict between the Agreement and Rural Development's rights and requirements, Rural Development's rights and requirements will prevail. If the Agreement is terminated, I, the Agent, will give to the Borrower all of the project's cash, trust accounts, investments and records within 30 days of the date the Agreement is terminated. I, the Borrower, agree 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. Renewing the Agreement; Permitting a new Agent to operate the project; We agree to: 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. When the head of household or spouse is otherwise eligible, give families with children equal consideration for admission. The project will 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. Furnish Rural Development any reports and information required to monitor the project's compliance with Rural Development's fair housing and affirmative marketing requirements. Not discriminate against any employee, applicant for employment or contractor because of race, color, handicap, religion, sex or national origin. Provide minorities, women, and socially and economically disadvantaged firms equal opportunity toparticipate in the project's procurement and contracting activities. We certify that we have read and understand Rural Development's definition of ''identity-of-interest'' as defined in 7C.F.R §3560.11 and that the statement(s) checked and information entered below is true. No identity-of-interest exists among the Borrower, the Agent and any individuals or companies that regularly do business with the project, or a. Only the individuals and companies listed on Form RD 3560-31 have an identity-of-interest with the Borrower or the Agent. b. The items checked below are attached: a. Management Plan Identity-of-Interest (IOI) Disclosure Qualification Certificate or Certification of No Identity-of-Interest (IOI) b. Other (Specify): a. b. c. d. 9. a. b. e. Changing the expiration date of the Agreement;c. Permitting a new Agent to collect a fee; d. Undertaking self-management of the project.f. 10. Give handicapped persons priority for subsidized units that were built and equipped specifically for the handicapped. a. b. c. d. e. f. g. 11. 12. c. ✔ ✔          There are fines and imprisonment for anyone who makes false, fictitious, or fraudulent statements or entries in anymatter 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. (Section 543 of the Housing Act of 1949). Rural Development may seek a ''double damages'' civil money damages remedy for the use of assets or income inviolation 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 fundspursuant to 7 C.F.R. §3560.461(b). The penalties could be as much as $50,000 per violation (Section 543 (b) of theHousing Act of 1949). By Project Borrower: Name/Title: Signature:Date: By Management Agent: Name/Title: Signature:Date: By Servicing Official: Name/Title: Date:Signature: Warnings: Kim Williams, Secretary, Golden Eagle Eld.Hsg Corp 01-01-2022 Daniel Murray, Portfolio Manager, ECHDA 01-01-2022            %$ & !%# ! "#$! !!  Form RD 3560-31 FORM APPROVED OMB NO. 0575-0189(02-05) UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL HOUSING SERVICE IDENTITY OF INTEREST DISCLOSURE/QUALIFICATION CERTIFICATE SECTION 1: TO BE COMPLETED BY ALL APPLICANTS/BORROWERS Project Name:Applicant/Borrower Name: Location: (Town, Country, State) IDENTITY OF INTEREST STATEMENT An Identity of Interest occurs: When there is any financial interest between the applicant/borrower and/or management entity and the supplying entity.(1) (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 I 0 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/borrower and/or management entity the cost of any materials and/or services in connection with obligations under the 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 canceling 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 statementI, 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 an identity of interest relationship exists and hereby disclose on the following page(s) of this qualification form those entities with which I HAVE an identity of interest relationship. I 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 Agency or Federal program. I further understand and agree that I will update this Disclosure/Qualification Certificate if my circumstances change, and I agree to provide a new Disclosure/Qualification Certificate at any time requested by the Agency. day ofThis Certification shall be in effect for a period of three years beginning on the I Applicant/Borrower Signature *Warning:Section I 001 of Title 18, United States Code provides, ''Whoever, in any matter within the jurisdiction of the executive, legislative, 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 writing 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.'' According to the Paperwork Reduction Act of ]995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0189. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Golden Eagle Elderly Housing Corp Golden Eagle Elderly Apartments Eagle, Eagle, CO Jeanne McQueeney 1st January 2022          IDENTITY OF INTEREST QUALIFICATION SECTION II: TO BE COMPLETED BY THE PRINCIPAL FOR EACH BUSINESS OR TRADE WITH AN IDENTITY OF INTEREST (101) RELATIONSHIP WITH A CONTRACTING ENTITY. Use additional sheets for each 101 entity, if necessary. 101 Entity Name: Type of Entity:Contractor Subcontractor Architect Attorney Property Management Trade or Business: Supplier of:Material Labor Both Service Describe IOI Entity's Relationship to Applicant/Borrower: Address: Telephone Number: Taxpayer Identification Number: Part-time:Number of Full-time Employees:Years in Business: Personnel (those responsible for completion of the contracted work): Principal of IOI Entity:Address: Home Telephone Number: Social Security Number: Years in Business: Training: License(s) Held (include license numbers): Name, Address and Telephone Number of Licensing Agencies: Percent of Total Annual Compensation from Company:% Disclose any criminal convictions or debarment from Local, State, or Federal Government Programs: Disclose Any Current or Pending Legal Actions Against the Company or any of its Principals: Do any of the 101 companies function as ''pass-throughs,'' i.e., does the 101 company purchase goods or services from another party and pass those goods or services through to the project? For each pass-through arrangement, respond to the statements below. (Use additional sheets as necessary.) Name the IOI company involved. Explain how the IOI compensation is determined. Explain why it is more advantageous for the project to use the pass-through arrangement than to purchase directly from the ultimate supplier. Attach fee schedules for all IOI companies disclosed. I certify, under penalty of law*, that the business in which I am employed is an ongoing trade or business qualified and properly licensed to undertake the work for which I intend to contract. I further certify, under penalty of law*, and with knowledge that this information may be verified, that the information submitted is true and accurate. Date(Signature) IOI Entity Principal *Warning:Section 1001 of Title 18, United States Code provides, ''Whoever, in any matter within the jurisdiction of the executive, legislative, 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 writing 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.'' Eagle County Housing & Development Authority (ECHDA) ✔ Government - Housing Authority ✔ ECHDA is an affiliate of property owner 500 Broadway, PO Box 850, Eagle, CO 81631 (970) 328-8770 84-6000762 14 2 Matt Andrews, Josh Wolf, Daniel Murray Kim Williams Commissioners 500 Broadway, PO Box 850, Eagle, CO (970) 328-8605 USDA Training, STAR Trainingper Management Plan, CHFA Training 1 none none 01-01-2022          Golden Eagle Senior Apartments 700 Broadway PO Box 850 Eagle, CO 81631 GOLDEN EAGLE SENIOR APARTMENTS I would like to welcome you to Golden Eagle Senior Apartments and hope your residency here will be a pleasant experience. I am providing you with the Rules of Occupancy to inform you of the management policies that were established for the residents of the Golden Eagle Senior Apartments. The Leasing Office hours are normally 8:00 AM to 5:00 PM, Monday through Thursday, except holidays. In the course of our day, we may have to leave the office for short periods of time during regular business hours. Please use normal office hours to conduct your business with the Leasing Office. Scheduled appointments are recommended. PLEASE NOTE: IF YOU HAVE A MEDICAL EMERGENCY,DIAL911 For maintenance emergencies, please dial (970) 328-9740 You may also dail (970) 328-8897 and follow the prompts It is Management’s responsibility to operate and maintain Golden Eagle Senior Apartments according to federal, state and local government regulations. Under these regulations, Golden Eagle Senior Apartments and/or its agent or manager will be responsible for resident selections, lease enforcement, monthly reports and establishment of sound management and maintenance policies. Golden Eagle Senior Apartments is subject to: ●RD 3560 and 7 C.F.R. Part 3560 ●Title VI of the Civil Rights Act of 1964 ●Title VIII of the Fair Housing Act ●Section 504 of the Rehabilitation Act of 1973 ●The Age Discrimination Act of 1975 ●The Americans with Disabilities Act Thank you, Matt Andrews Property Manager matt.andrews@eaglecounty.us P: (970) 328-8897 F: (970) 328-8898          GOLDEN EAGLE SENIOR APARTMENTS RULES OF OCCUPANCY Effective: April 1, 2019 1.PAYMENT OF RENT In accordance with your lease, rent is due and payable in advance on the 1 st day of each month. Rents may be paid at the Leasing Office or dropped in the Green Box outside the Leasing Office at the Senior Center. A late charge of $10.00 will be assessed if rent is not received on or before the 10th day of the month. 2.MAINTENANCE Normal service repairs are to be conducted during the business day, Monday through Friday. We ask that all requests for maintenance be made in writing directly with the Leasing Office so that it can be scheduled promptly. Your written request for service authorizes us to enter your apartment during normal working hours. Requests will be handled in a timely manner unless it is necessary to order parts or supplies, at which time you will be informed of the delay. Emergency repairs affecting the health, safety, and well-being of the residents and the integrity of the premises will be given priority. The maintenance department personnel are not responsible for repairs to your personal items or moving furniture in or out of your apartment. Please call the appropriate repair or service companies for those service problems. Tenants who request 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 may pick up a maintenance request form in the laundry room or at the Leasing Office. 3.TENANT RESPONSIBILITY Tenants are responsible for the actions of all members of their household and their guests and agree to reimburse management for any damage caused by either. Tenants must provide proper supervision of guests and household members whenever they are in the common areas, including property grounds. Tenants who expect overnight guests who will exceed the number of people allowed in the apartment according to tenant occupancy guidelines must receive prior written approval from the Property Manager. A. Tenants, household members or their guests may not create disturbances, nuisances or do damage to Golden Eagle Senior Apartments property. B. Tenants, household members or their guests may not engage in illegal activity, abusive or violent behavior on Golden Eagle, Seniors on Broadway, or Eagle County property. C. Tenants, household members or their guests may not use abusive or foul language in common areas or on the grounds. It is disruptive to the rights and quiet enjoyment of other tenants. D. Tenants, household members, and guests shall have due regard for the peace, comfort, and enjoyment of other tenants. If other tenants are disturbed by the volume of your TV, radio or another device, it is too loud. 1          E. Tenant agrees the guests of the tenant who stay in units longer than seven (7) consecutive days will be required to give their name and indicate their approximate length of stay to the Owner or Property Manager. If the guest of the tenant stays in the apartment unit longer than fourteen (14) days in a forty-five (45) day period, the tenant must obtain written approval from the Owner or Property Manager and the guest’s income will be counted in the next month’s rent calculation as a household member. If the name and/or income of the guest cannot be determined, the Owner will charge the tenant note rate rent and terminate the tenancy for violation of the lease. Violating this policy constitutes a serious, material violation of the Lease Agreement and Rules of Occupancy. F. Tenant and household members understand that their apartment and the premises are to be used only as a private dwelling and may not be used for commercial purposes. Therefore operating a fulltime business from your apartment is prohibited. G. Tenants may not wash their cars on the premises. Any tenant or household member violating these rules will be subject to eviction. Any guest violating these rules will be subject to loss of visitation privileges and will be treated as a trespasser. Trespassers may be subject to prosecution. 4.LAUNDRY FACILITIES A.Tenants owning their own washer and dryer agree: i. To make sure there are no leaks in the hoses and connections or your washer. ii. To clean out the dryer vent after each use. Notify the maintenance department if your dryer vent is not venting properly. B.Tenants who use the laundry at the Golden Eagle Senior Center agree to: i. Be courteous to others using the machines. Clean out the dryer vents after each use. ii. Do not leave clothes in the machines after they are washed and dried to allow others to use the machines in a timely manner. iii. Only use these facilities for washing and drying of usual personal and household items. C.All tenants will use a clothes dryer and in no event, hang clothes outside to dry. D.Follow restrictions and instructions posted in the laundry room and on the washers and dryers, including but not limited to: i. The laundry facilities are to be used only for the resident’s own personal laundry. No family or friends may use these facilities. ii. No cleaning with flammable materials or dying of clothes in the washing machines will be permitted 5.MAINTAINING YOUR APARTMENT As a tenant at Golden Eagle Senior Apartments, it is your responsibility to maintain your unit in a decent, safe and sanitary condition in accordance with your lease agreement. During your occupancy and at move-out, cleaning the apartment, appliances, blinds, and carpets is the responsibility of the resident. 2          TENANT AGREES: A. To not use scouring pads or other abrasives on the sink or tub/shower enclosure. B. To properly dispose of trash and recycling materials. Secure trash in sturdy plastic bags and dispose of in designated dumpsters. Recycle in designated comingled dumpsters. Make sure dumpster lids are closed tightly to avoid attracting bears and other animals. All needles and syringes must be properly disposed of in “sharps” container. Sharps containers are to be disposed of in accordance with state and federal law. C. To not create a compost pile. D. Stovetop, burners and the oven must be cleaned on a regular basis. E. Do not store furniture, personal belongings, etc. on decks, porches or public areas. Only outdoor furniture and barbecues in good condition are allowed on the exterior areas. F.Use the garbage disposal properly.Residents shall not put any flowers, bones, pits, shellfish, corn husks, artichoke leaves, potato peels, eggshells, fats, oils, coffee grounds and fibrous materials of any kind in the disposal. Use plenty of cold water when operating the disposal and let the water run for several seconds after turning off the disposal. In the event it sticks or clogs, press the reset button on the disposal unit under the sink. You must fill out a maintenance request if you have problems with your disposal. G. To not place hot pans or electrical appliances on the countertop without a hot pad or tray underneath. H. Use a cutting board and do not cut objects directly on the countertop. I. Keep toilet bowls clean and free of stains and hard water marks. J. Properly dispose of personal hygiene items. Never flush them down the toilet; however, accidents will happen. If you do have a problem please contact the maintenance department immediately. K. Vacuum your carpets on a regular basis. L. Clean up spills on carpeting immediately. It is recommended that you clean your carpet each year. Residents are responsible to have the carpets professionally cleaned upon move-out unless the carpeting is scheduled to be replaced. 6.ALTERATIONS A. Tenant is not permitted to make changes in any fixture, wiring, or any part of the unit, including entry door locks. B. Tenant may not, at any time pierce or penetrate the stucco or siding on the exterior of the apartment buildings. Nothing may be attached to the stucco or siding under any circumstances. Piercing of this material will compromise the warranty and allow moisture penetration and damage. Tenants violating this rule will be charged time and materials for immediate repair of the stucco or siding, plus 15% for administrative costs. C. Tenant may not, at any time, install exterior décor, hooks, plant holders, doorbells, signs, or anything on the exterior stucco or siding. The management will install flower pot hooks and holders and flag holders in designated exterior areas of each apartment for the occupying tenant’s use only upon request. D. The tenant agrees not to do any of the following without prior written permission of the Property Manager: 3          i. Attach any screens, shelves, drapes, blinds, or other permanent improvements to the interior of their apartment. ii. Change or remove any part of the appliances, fixtures, carpeting, blinds, or equipment in the apartment. iii. Paint or install wallpaper or contact paper in the apartment without prior approval. E. The Tenant will not at any time: i. Attach, remove, disturb, or place any fixtures, signs, fences or décor in the common areas or on project grounds. ii. Attach awnings or window guards on the exterior of the apartment. iii. Add any furniture or decorative items to the common areas of the property or building. iv. Create an additional planting area or extend their designated garden area. Violating these policies constitute a serious, material violation of the Lease Agreement and Rules of Occupancy. 7.ANIMALS and BIRDS Feeding of stray or wild animals is strictly prohibited. Strays may not be vaccinated against disease and wild animals present an imminent danger to the tenants when encountered. One Hummingbird feeder per apartment is allowed. Seed or Suet Birdfeeders are NOT allowed. 8.BARBEQUES Barbecues may be used on porches. When barbecuing, you must make sure that the barbecue is moved a safe distance away from the building walls or flammable materials to prevent a fire. Barbeques are not to be left unattended and no self-starting charcoal is to be used. All barbecue usage must comply with local fire and air quality codes and temporary fire restrictions. 9.MOTOR VEHICLES, NON-MOTORIZED VEHICLES, BICYCLES, AND OTHER VEHICLES All wheeled vehicles, including bicycles, skateboards, and motorcycles cannot be ridden or parked on the sidewalks, grass, or planted areas. The 10 mph speed limit will be strictly enforced. 10.CHANGING APARTMENTS Apartment changes are allowed only for a verified medical reason. Tenants may not transfer to another unit solely for the convenience of the tenant. 11.COMMUNITY ROOM The Golden Eagle Senior Center is owned and operated by Eagle County. Tenants of Golden Eagle Senior Apartments may use the community building during posted hours; however, arrangements for individual use of the facility must be made by calling the Property Manager. 12.COMPLAINTS Complaints regarding lease or occupancy rule violations, living conditions or employees must be in writing and given to the Property Manager. The Property Manager will address or investigate the 4          complaint within a reasonable period of time. Property Manager will provide options on how to resolve the problem cited. A resolution will be within a reasonable period of time, determined by the nature and severity of the complaint. Complaints regarding other tenants: Disagreements should be settled amicably between the parties, without management intervention. Complaints regarding other tenants must be in writing and given to the Property Manager. The Property Manager will determine if the tenant to tenant conflict contains a material violation of the Rules of Occupancy and respond accordingly by issuing a written warning to correct the violation to the offending tenant(s). In the event, the manager must intervene to referee a tenant personality to tenant personality conflict it will result in a warning to all parties involved. Second or further personality conflicts interfering with the quiet tenancy of other residents may result in eviction or non-renewal of the tenants’ leases. 13.CRIMINAL ACTIVITIES The illegal use, sale, or distribution of narcotics, any crime of physical violence to persons on or off property by any tenant or member of a tenant’s household on or off the premises, and charge or conviction of a felony is a violation of the lease and grounds for eviction. Tenancy will be terminated in the event residents allow criminal activities on the premises by guests or visitors. 14.MESSAGES AND DELIVERIES Management will not accept deliveries of packages or mail on behalf of any residents. Management will not take telephone messages for or on behalf of any tenant. 15.GARDENS A.Apartment Entry Gardens: The entrance area to your apartment has been designated for tenants to plant flowers and foliage for their enjoyment. Container gardening is encouraged on the deck adjacent to the entrance stoop. Town of Eagle water restrictions MUST be observed. Tenants are responsible for: i. Maintaining a weed-free garden. ii. Removing dead or dying plants and refuse from the garden. iii. Dumping bagged garden refuse in the dumpster. iv. Properly storing containers and gardening tools when not in use. v. Watering plantings regularly and closely following all town water restrictions. B.Raised Gardens - Designated Plots: Golden Eagle has designated raised garden plots on the property for the use and enjoyment of our tenants. Each tenant that accepts the responsibility of a garden plot must: i. Remove all weeds or other refuse from the garden area. ii. Watering plantings regularly and closely following all town water restrictions. iii. Remove and properly store garden tools upon completion of gardening tasks and store in either your storage area or metal garden shed. 5          iv. Not erect or install a fence v. Agree to Garden Plot Policies annually 16.HAZARDOUS MATERIALS ●Flammable Materials: No paint, oils, gasoline or any flammable materials will be permitted in the apartments or storage areas. ●Oxygen:Tenants must notify management if they have oxygen tanks for personal medical need. When outside on the premises tenants using oxygen must stay at least fifteen (15) feet from lit barbecue grills, burning candles or anyone who is smoking or lighting matches. 17.SERVICES Eagle County Health and Human Services provides many services to its seniors. Please call Reporting Hotline at 970-328-7720 for any questions or concerns regarding abuse, wellness or neglect. 18.HOUSEHOLD COMPOSITION The persons named on the tenant’s annual certification are authorized to occupy the apartment. Any changes in household composition must be requested and authorized prior to that person taking occupancy in the apartment. An approved change in household composition will require re-certification of the annual household income and a background check on potential tenant. Violating this policy constitutes a serious, material violation of the Lease Agreement and Rules of Occupancy. 19.INSPECTIONS The Owner and /or Owner’s agent and/or the Property Manager will conduct annual inspections of each apartment. In the event there is a violation of maintenance, the number of occupants or in-accessibility to the apartment, the resident will be issued a written warning to correct the violations within a reasonable time period, not to exceed thirty (30) days. Tenants not correcting the violations will be subject to eviction or non-renewal of their lease. Golden Eagle Senior Apartments may be inspected annually by Rural Development. Apartments are selected at random for inspection in addition to the common areas. Tenants will be given a seven (7) day notice of this inspection. 20.INSURANCE The Owner is not responsible for fire, theft, water or any other type of damage to personal belongings. For your security, it is recommended that you keep doors locked at all times. It is the tenants’ responsibility to carry apartment renter’s insurance on your personal property. 21.LANDSCAPE A. Tenants shall not alter, add, disturb, or destroy plants, trees, and shrubs, or interfere in any way with any of the property landscape design in common areas. B. Tenants shall not alter, add, disturb or destroy any signs, ornamental items or fences on the premises. 6          C. Tenants will not interfere in any way with the grounds treatment and maintenance of the grounds. 22.KEYS Keys may not be duplicated without prior authorization of the Property Manager. Upon move-out, all keys including duplications must be returned. There will be a $75.00 charge for each unreturned or lost keys to cover the cost of re-keying or replacing locks. 23.LIGHT FIXTURES It is prohibited to use a light bulb of a higher wattage than designated for a light fixture or lamp. 24.LITTERING Littering anywhere on the property and parking areas is not allowed including putting out cigarettes on the sidewalks, gardens or parking lot. This also includes not picking up after pets. See section 34 “No-Smoking Policy” and section 31 “Pet Rules”. 25.LOCKOUTS There will be a $15.00 charge to the resident should the manager and/or maintenance staff need to unlock a resident’s door when they are locked out before 8:30 am and after 4:30 pm and a $25.00 on the weekends or holidays. 26.MANAGEMENT Tenants and/or their guests who do not cooperate with the Owner and/or Property Manager in routine matters such as unit inspections, enforcement of the lease, Rules of Occupancy, or any management function are in material noncompliance with the lease. Tenants who refuse to cooperate with the Owner and/or Property Manager, or who incite other tenants and guests to be noncompliant with the lease or Rules of Occupancy, or who prohibit or obstruct Owner, Property Manager or Rural Development personnel from performing its duties are subject to non-renewal of their lease or eviction. 27. MODIFICATION OF OCCUPANCY RULES Owners and Management of Golden Eagle Senior Apartments must comply with Federal guidelines and rules under Rural Development 3560 Regulations. In order to comply with these regulations owners will modify the Rules of Occupancy as Federal Regulations change. Tenants will be given thirty (30) days’ notice of the changes in the Rules of Occupancy in writing and agree to sign receipt of acknowledgment of such modifications. 28.MOVING IN/OUT Tenants will move in or out of an apartment between 8:00 am and 9:00 pm. 29.PARKING A. All tenants must register their vehicle and license plate number with the Property Manager. It is the responsibility of tenants to register guest vehicles if their guests are going to be on 7          site for more than one night. Vehicles not registered are subject to tow and owner of the towed vehicle will be responsible for the costs of such tow. B. All parking spaces will be available on a first-come, first serve basis except designated handicap parking. Parking in a handicap space without the proper permit is a violation and subject to a fine. C. All tenants are to pull into the center of one parking space and not straddle the lines to ensure maximum parking is available for tenants and guests. D. Inoperable vehicles and/or storage of unused vehicles are not allowed on site. E. Oil changes or repairs to vehicles are prohibited in the parking lot areas. F. Recreational vehicles including but not limited to boats, travel trailers, ATV’s and motorhomes are not to be parked or stored on site. 30.REASONABLE ACCOMMODATIONS It is the policy of Golden Eagle Senior Apartments to provide reasonable accommodation for all tenants with special needs. Tenants may request 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: i. Accommodation and modification requested. ii. 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. B. Property Manager will submit all requests with verification letters within two (2) work days following receipt of such request to the Officers of the Board of Directors for their review. C. 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 twenty-one (21) days of receipt of such request. D. Tenant will be advised in writing of The Board of Director’s decision for a reasonable accommodation within two (2) working days of receipt of such decision. In the event the accommodation is approved, Property Manager will proceed to bid out the alterations or accommodation needed to the premises. E. The 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. 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. 31.PET RULES Tenants and household members will abide by these rules: A. All pets must be licensed. 8          B. Pets must have proof of current vaccination. C. Pets must be neutered or spayed with written veterinary certification of this to be provided to Owner prior to the pet being brought into the apartment. D. All dogs must be on a leash and not allowed to roam unleashed or unattended outside the apartment at any time. E. No pets will be left outside and tied to any tree, shrub or handrail. F. Feeding dishes must be kept inside the apartment. G. All pet waste will be immediately picked up and properly disposed of by tenant or pet caregiver. H. No litter boxes will be kept in the common areas or outside of the apartment. I. Pet-sitting is allowed for a maximum of fourteen (14) days over a 60 day time period with the Property Manager’s approval. Violation of the Pet Policy by the tenant or household members and the above rules for guest and family pets will result in a violation of Rules of Occupancy and may result in nonrenewal of tenant’s lease. Management will call Eagle County Animal Services when there is an animal loose on the premises. Tenants are asked to alert management if they encounter a stray animal. 32.TENANT COUNCIL Tenants have the right to form a tenant’s association or tenant’s council. In the event the tenants form an association or tenant council, the Property Manager will be designated to work with the tenant association or tenant council at regular meetings of the group, if the tenants desire the manager’s participation and assistance. Tenant Councils are for participation by all tenants if they so choose. 33.SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS Each apartment will have an operational smoke and carbon monoxide detector. Any smoke or carbon monoxide detector that is malfunctioning must be reported immediately to the Leasing Office. Any tampering with or disconnecting of smoke or carbon monoxide detectors can be cause for eviction. SMOKE AND CARBON MONOXIDE DETECTORS MUST BE OPERATIONAL AT ALL TIMES. 34. NO SMOKING POLICY Golden Eagle Senior Apartments is a nonsmoking property. Tenants may not smoke in their apartments or within twenty-five (25) feet of any building. This rule applies to guests and family members of tenants and anyone else who is on property. Residents expect clean indoor air in their dwellings and are entitled to live in a safe and healthy environment. Respect your neighbor and protect everyone from second-hand smoke. Smoke has no boundaries. Tenants who smoke will be responsible for any damages caused to the interior of the unit, including but not limited to carpets, drapes, fixtures, etc. Tenant will bear the cost to repair or replace smoke damaged items. 9          35. FIRE EXTINGUISHERS & SUPPRESSION Tenants will not tamper with fire suppression equipment, fire extinguishers, general use appliances, or electrical circuit boxes. Tenants should know how to use a fire extinguisher. If you need instructions, please contact the Property Manager. 36. STORAGE UNITS Storage units are designated to each unit. Tenants may not store flammable items in these storage units. Tenants are encouraged to purchase locks as they are not provided. The storage units are not water and rodent proof so plastic containers are encouraged to prevent damage. The Owner and Management are not liable for items kept in the storage units. 37.UTILITIES Utility costs for gas, electricity, telephone; internet access and TV are the tenant’s responsibility. Gas and electricity will be kept on and in the tenant’s name during their occupancy in the apartment. At no time may the gas or electricity be turned off during a tenant’s occupancy. In the event a tenant fails to pay their utility bills in a timely manner and the utilities revert back to the Owner, the tenant will be required to pay the transfer fee charged to Owner, the current bill, plus any reinstatement fees required by the utility company. 38.WINDOWS & PORCHES A. Porches, decks, windows, gardens, and common areas may not be used for storage. B. Brooms, dust mops, wet mops, rugs, and clothing may not be shaken, cleaned, left or stored on porches, decks, windows, gardens, or public areas. C. In order to maintain a uniform exterior appearance, blinds are supplied by the owner and may not be replaced by the resident, except when a reasonable accommodation request is made and approved. D. It is acceptable to leave a snow shovel and a container of ice melt at your front door during the winter season. E. Snow removal protocol may be provided and updated every year on or about November 1. 39.OCCUPANCY AND LIMITS Tenant must occupy his/her unit as a primary residence. Definition of primary residence: primary residence is the home that the householder occupies for the largest part of the calendar year. This establishes a person's legal residence for voting, tax, and other legal purposes. A person's primary residence is the dwelling where they usually live, typically a house or an apartment. A person can only have one primary residence at any given time. Tenant understands that if he/she does not reside in the unit for reasons other than health or emergency situations, the net monthly rent shall be raised to Note Rent per month and any entitlements (Rental Assistance) will be suspended or reassigned. The tenant is not assured that the entitlement will be available upon his/her return. Occupancy limit in a one (1) bedroom Golden Eagle Apartment is no more than two (2) related or unrelated persons. 10          USDA NON-DISCRIMINATION STATEMENT In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410 (2) Fax: (202) 690-7442 (3) Email:mailto:program.intake@usda.gov USDA is an equal opportunity provider, employer, and lender.          *ROGHQ(DJOH6HQLRU$SDUWPHQWV8QLW,QVSHFWLRQ)RUP 1DPH ,QVSHFWLRQ'DWH 8QLW ,QVSHFWLRQ7\SH $QQXDO $FFHSWDEOH&RQGLWLRQ $FFHSWDEOH&RQGLWLRQ (QWU\ < 1 &RPPHQWV %HGURRP < 1 &RPPHQWV 'RRU/RFN 'RRU/RFN 3RUFK/LJKW )ORRULQJ :DOOV3DLQW :DOOV3DLQW )ORRULQJ 2XWOHWV6ZLWFKHV &HLOLQJ3DLQW *UHDW5RRP < 1 &RPPHQWV &HLOLQJ/LJKW)DQ )ORRULQJ :LQGRZV6FUHHQV :DOOV3DLQW :LQGRZ%OLQGV 2XWOHWV6ZLWFKHV &ORVHW &HLOLQJ3DLQW %DWK < 1 &RPPHQWV &HLOLQJ/LJKW)DQ 'RRU/RFN :LQGRZV6FUHHQV )ORRULQJ :LQGRZ%OLQGV :DOOV3DLQW &ORVHW 2XWOHWV6ZLWFKHV &HLOLQJ3DLQW .LWFKHQ < 1 &RPPHQWV &HLOLQJ/LJKW)DQ )ORRULQJ 7RLOHW :DOOV3DLQW 7XE6XUURXQG 2XWOHWV6ZLWFKHV 6LQN)DXFHW9DQLW\ /LJKW)L[WXUHV &HLOLQJ3DLQW 0LVF 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1BR-FirstChoice01/12/20178:00 AM No No No No On ListWaiting ListPage 1Property: Golden Eagle Senior Apartments (p1555)Effective Date: 07/31/2022Bedroom Size: 1Show 'On List': YesShow 'Moved In': NoShow 'Removed': NoWednesday, August 31, 202209:40 AM                  RDRequiresRDRDDisabilityConvProspectBR SizeEffectiveEffectiveAccessibleCongregateIncomeDisplacedPriorityRACurrentRankRankRankPropertyName and AddressPreferenceDateTimeCommentPreferencesUnit?Eligible?LimitPriority?TypeEligble?StatusContact Log16 16 p1555 1BR-FirstChoice06/18/20188:00 AM No No No No On List17 17 p1555 1BR-FirstChoice07/31/20188:00 AM No No No No On List18 18 p1555 1BR-FirstChoice09/12/20188:00 AM No No No No On List19 19 p1555 1BR-FirstChoice10/10/20188:00 AM No No No No On List20 20 p1555 1BR-FirstChoice11/15/20188:00 AM No No No No On List21 2 21 p1555 1BR-FirstChoice11/19/20188:00 AM Yes No No No On List22 22 p1555 1BR-FirstChoice01/28/20198:00 AM No No No No On List23 23 p1555 1BR-FirstChoice01/29/20198:00 AM No No No No On List24 24 p1555 1BR-FirstChoice04/22/20198:00 AM No No No No On ListWaiting ListPage 3Property: Golden Eagle Senior Apartments (p1555)Effective Date: 07/31/2022Bedroom Size: 1Show 'On List': YesShow 'Moved In': NoShow 'Removed': NoWednesday, August 31, 202209:40 AM                  RDRequiresRDRDDisabilityConvProspectBR SizeEffectiveEffectiveAccessibleCongregateIncomeDisplacedPriorityRACurrentRankRankRankPropertyName and AddressPreferenceDateTimeCommentPreferencesUnit?Eligible?LimitPriority?TypeEligble?StatusContact Log32 32 p1555 1BR-FirstChoice10/06/202010:15 AM No No No No On List33 33 p1555 1BR-FirstChoice11/10/202012:30 PM No No No No On List34 34 p1555 1BR-FirstChoice11/18/20202:00 PM No No No No On List35 35 p1555 1BR-FirstChoice12/28/20201:00 PM No No No No On List36 36 p1555 1BR-FirstChoice01/04/202111:00 AM No No No No On List37 37 p1555 1BR-FirstChoice02/01/202112:35 PM No No No No On List38 38 p1555 1BR-FirstChoice03/05/20214:00 PM No No No No On ListWaiting ListPage 5Property: Golden Eagle Senior Apartments (p1555)Effective Date: 07/31/2022Bedroom Size: 1Show 'On List': YesShow 'Moved In': NoShow 'Removed': NoWednesday, August 31, 202209:40 AM         RDRequiresRDRDDisabilityConvProspectBR SizeEffectiveEffectiveAccessibleCongregateIncomeDisplacedPriorityRACurrentRankRankRankPropertyName and AddressPreferenceDateTimeCommentPreferencesUnit?Eligible?LimitPriority?TypeEligble?StatusContact Log39 39 p1555 1BR-FirstChoice03/08/202110:00 AM No No No No On List40 40 p1555 1BR-FirstChoice03/16/20213:00 PM No No No No On List41 41 p1555 1BR-FirstChoice03/30/20219:45 AM No No No No On List42 4 42 p1555 1BR-FirstChoice04/02/202110:08 AM Yes No No No On List43 43 p1555 1BR-FirstChoice04/15/20212:00 PM No No No No On List44 44 p1555 1BR-FirstChoice04/23/20219:45 AM No No No No On List45 45 p1555 1BR-FirstChoice05/11/202110:00 AM No No No No On List46 46 p1555 1BR-FirstChoice06/03/202110:15 AM No No No No On List47 47 p1555 1BR-FirstChoice06/08/202112:00 PM No No No No On List48 48 p1555 1BR-FirstChoice07/15/202111:30 AM No No No No On List ListPage 6Property: Golden Eagle Senior Apartments (p1555)Effective Date: 07/31/2022Bedroom Size: 1Show 'On List': YesShow 'Moved In': NoShow 'Removed': NoWednesday, August 31, 202209:40 AM