HomeMy WebLinkAboutECHDA24-01 IGA_Town of Avon
INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY HOUSING
AND DEVELOPMENT AUTHORITY AND THE TOWN OF AVON
This Intergovernmental Agreement ("Agreement") is made and entered into this 31
day of January, 2024 by and between Eagle County Housing and Development Authority, a
body corporate and politic ("ECHDA") and the Town of Avon, a Colorado home-rule
municipal corporation (the "Town") (each a “Party” and collectively the “Parties”).
WITNESS ETH
WHEREAS, the Town has a portfolio of deed restricted housing units as set forth in
Exhibit A: Avon Housing Deed Restrictions attached hereto and incorporated by reference
("Deed Restriction(s)"); and
WHEREAS, the median price of free market housing in the Town of Avon exceeds
what residents earning the area median income can afford, creating a lack of housing
affordable for the local workforce of the Town; and
WHEREAS, the Urban Land Institute recommended forming a regional housing body
to address the lack of affordable housing with participation from public and private sectors
throughout Eagle County; and
WHEREAS, ECHDA, in a multi-jurisdictional effort, has opened a centralized
affordable housing management organization known as The Valley Home Store ("TVHS")
to provide one physical and electronic location in Eagle County to purchase housing stock
affordable to Eagle County's workforce; and
WHEREAS, TVHS was formed by ECHDA in 2008 and ECHDA is the majority
member of TVHS with 99.9% ownership; and
WHEREAS, the Town desires to contract with ECHDA for the performance of the
hereinafter described affordable housing services on the terms and conditions in this
Agreement; and
WHEREAS, ECHDA is agreeable to rendering such affordable housing services on
the terms and conditions hereinafter set forth; and
WHEREAS, this Agreement is authorized pursuant to Section 29-1-201 and 30-11-
101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, the Parties agree as follows:
1. Services or Work. ECHDA agrees to diligently provide all services, labor,
personnel and materials necessary to perform and complete the services or work described in
Exhibit B: Services ("Services") which is attached hereto and incorporated herein by reference.
The Services shall be performed in accordance with the provisions and conditions of this
Agreement. In the event of any conflict or inconsistency between the terms and conditions set
forth in Exhibit B and the terms and conditions set forth in this Agreement, the terms and
conditions set forth in this Agreement shall prevail. The Town may modify Exhibit A: Avon
Housing Deed Restrictions at any time and the amended Exhibit A shall become part of this
Agreement when provided to ECHDA.
2. Term of the Agreement. This Agreement shall commence January 1, 2024, and
shall continue in full force and effect through December 31, 2024.
3. Extension. The Town and ECHDA may mutually renew and extend the
Agreement for up to three (3) additional one-year terms. Such renewal and extension shall occur
by the Town sending via e-mail a renewal request ("Renewal Request") to ECHDA. ECHDA
may accept the Renewal Request via e-mail. Any other change or modification to the
Agreement shall be in writing signed by each Party. The Town’s Manager may approve
Renewal Requests and rate adjustments on behalf of the Town.
4. Termination. Either Party shall have the right to terminate this Agreement at any
time and for any reason, with or without cause, and without penalty, by giving the other Party
thirty (30) days' prior written notice of termination. In the event that a Party fails to substantially
perform the duties and obligations set forth in this Agreement, the other Party may terminate this
Agreement upon seven (7) days written notice to the non-performing Party, unless the
non-performing Party cures the breach within the seven (7) day remedy period. Upon
termination, ECHDA shall be entitled to compensation for Services performed prior to such
termination, and both Parties shall thereafter be relieved of any and all duties and obligations
under this Agreement.
5. Compensation. The Town shall compensate ECHDA for the performance of the
Services in a sum computed and payable as set forth in Exhibit B. Payment will be made for
Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate
invoice from ECHDA. All invoices shall include detail regarding the hours spent, tasks
performed, who performed each task, and such other detail as the Town may request.
6. Official Status. For the purpose of performing the Services and functions set
forth in this Agreement, ECHDA and TVHS shall enforce, as the Town's agent, the terms of any
Deed Restrictions and any Town ordinances relating to Deed Restrictions or affordable housing
now in effect and as may be amended from time to time.
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7. Enforcement. ECHDA/TVHS shall promptly notify the Town of the following:
(1) any action to enforce the terms of a Deed Restriction; (2) ECHDA/TVHS's receipt of
notification or knowledge of a foreclosure on property with a Deed Restriction; (3) any evidence
of non-compliance with a Deed Restriction; or (4) any dispute concerning the interpretation and
application of the terms of a Deed Restriction. In the event of any legal or court action
concerning a Deed Restriction, ECHDA/TVHS and the Town shall coordinate as deemed
appropriate by the Town. The Town shall always maintain the right to interpret, enforce, protect,
defend, or modify any Deed Restriction in the Town's sole discretion.
8. Records Management. ECHDA and TVHS agree the following terms for
records management and access:
a. ECHDA and TVHS shall provide access to records created or maintained
by ECHDA or TVHS upon request by the Town within a reasonable time.
b. ECHDA/TVHS shall follow the Town’s municipal records retention
schedule for all records maintained by ECHDA/TVHS.
c. ECHDA/TVHS and the Town shall promptly notify each other of the
receipt of any public records requests under the Colorado Open Records Act. The Parties
shall coordinate the response to any public records request concerning this Agreement or
any records created or maintained under this Agreement.
d. Upon termination or expiration of this Agreement, ECHDA/TVHS shall
deliver to the Town all records held, created and maintained by this Agreement within
seven (7) business days.
9. Personnel. ECHDA and TVHS and their respective staff shall have full
cooperation from the Town and its employees, so as to facilitate the performance of this
Agreement.
a. All persons employed in the performance of such Services for the Town,
pursuant to this Agreement, shall be employees of Eagle County Government. Staff
working at TVHS are licensed real estate agents in the State of Colorado. TVHS is a
licensed real estate brokerage company.
b. It is expressly acknowledged and understood by the Parties hereto that
nothing contained in this Agreement shall result in, or be construed as establishing an
employment relationship between the Parties. The rendition of the Services provided for
herein, the standards of performance, the discipline of staff, and other matters incident to
the performance of such Services and the control of personnel so employed, shall remain
with ECHDA.
10. Liability and Insurance. ECHDA and TVHS, their officers and employees, shall
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not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the
Town or of any officer or employee thereof. Likewise, the Town, its officers and employees,
shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions
of ECHDA or by any officer or employee thereof.
a. ECHDA agrees to indemnify, defend and hold harmless, to the extent allowed by
law, the Town, its respective agents, officers, servants, and employees of and from any and all
loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, arising out of or related to ECHDA's intentional or negligent acts, errors or
omissions or that of its agents, officers, servants, and employees, whether contractual or
otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless, to the extent
allowed by law, ECHDA and TVHS, their respective agents, officers, servants, and employees of
and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and
causes of action whatsoever arising out of or related to the Town's intentional or negligent acts
errors or omissions or that of its agents officers, servants, and employees, whether contractual or
otherwise.
b. ECHDA and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each Party may deem adequate and
necessary for any potential liability arising from this Agreement. Further, ECHDA and the
Town, respectively, shall name, subject to the approval of each respective Party's insurance
carriers, the other respective Party as a co-insured under such insurance policies to the extent of
any potential liability arising under this Agreement and, upon reasonable written request, shall
furnish evidence of the same to the other respective Party.
11. General Provisions.
a. Notices. All notices, requests, consents, approvals, written instructions,
reports or other communication by the Town and ECHDA, under this Agreement, shall
be in writing and shall be deemed to have been given or served, if mailed by certified
mail, postage prepaid, or e-mailed with confirmation of receipt by the recipient, or hand
delivered to the Parties as follows:
ECHDA:
Attention: Kim Bell Williams
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: kim.williams@eaglecounty.us
With a copy to:
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Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
TOWN:
Attention: Town Manager
Post Office Box 975
Avon, CO 81620
Telephone: 970-748-4452
Facsimile: 970-748-4417
E-mail: eheil@avon.org
with a copy to:
Town of Avon Town Attorney
P.O. Box 975
Avon, CO 81620
E-Mail: townattorney@avon.org
Either Party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of change of
address given in the manner set forth in this paragraph.
b. No Third Party Beneficiaries. Nothing contained in this Agreement is
intended to or shall create a contractual relationship with, cause of action in favor of, or
claim for relief for, any third party, including any agent, sub-consultant, or sub-contractor
of either the Town or ECHDA. Absolutely no third-party beneficiaries are intended by
this Agreement.
c. Modification. This Agreement contains the entire agreement between the
Parties, and no agreement shall be effective to change, modify, or terminate in whole or
in part unless such agreement is in writing and duly signed by the Party against whom
enforcement of such change, modification, or termination is sought.
d. Entire Agreement. This written Agreement embodies the whole
agreement between the Parties hereto and there are no inducements, promises, terms,
conditions, or obligations made or entered into either by ECHDA or the Town other than
those contained herein.
e. Assignment. This Agreement shall be binding upon the Parties hereto,
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their successors or assigns and may not be assigned by anyone without the prior written
consent of the other respective Party hereto. Any attempt to assign this Agreement
without the consent of the other Party shall be null and void.
f. Severability. All agreements and covenants herein are severable, and in
the event that any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid Agreement or covenant were not
contained herein.
g. Representation of Authority. The Town has represented to ECHDA and,
likewise, ECHDA has represented to the Town, that it possesses the legal ability to enter
into this Agreement. In the event that a court of competent jurisdiction determines that
either of the Parties hereto did not possess the legal ability to enter into this Agreement,
this Agreement shall be considered null and void as of the date of such Court
determination.
h. No Waiver of Governmental Immunity. Nothing in this Agreement
shall be construed to waive, limit, or otherwise modify any governmental immunity that
may be available by law to the Town or ECHDA, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Town of ECHDA and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes.
i. Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. The Parties agree that venue in any
action to enforce or interpret this Agreement shall be in the District Court for Eagle
County, Colorado.
j. Article X, Section 20/TABOR. The Parties understand and acknowledge that the
Town and ECHDA are subject to Article X, §20 of the Colorado Constitution
("TABOR"). The Parties do not intend to violate the terms and requirements of TABOR
by the execution of this Agreement. It is understood and agreed that this Agreement does
not create a multi-fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all
obligations of the Parties are expressly dependent and conditioned upon the continuing
availability of funds beyond the term of the Parties’ current fiscal period. Financial
obligations of the Parties payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available in
accordance with the rules, regulations, and resolutions of the Parties, and other applicable
law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
[REST OF PAGE INTENTIONALLY LEFT BLANK}
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day
and year first set forth above.
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
By: _____________________________
Matt Scherr, Chair
Attest:
By: ____________________________
Regina O’Brien, Clerk
TOWN OF AVON
By: ___________________________
Eric Heil, Town Manager
Attest:
By: ___________________________
Miguel Jauregui Casanueva, Town Clerk
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EXHIBIT A
TOWN OF AVON DEED RESTRICTED HOUSING
PROJECT NAME
UNIT
BED
BATH
AREA
(so. ft.)
RENTAL
PARCEL NUM
NO. OF
UNITS
LODGE AT BROOKSIDE 113 1 2 967 N 210511205013 0
LODGE AT BROOKSIDE 211 1 2 719 N 210511205025 0
LODGE AT BROOKSIDE 311 1 2 872 N 210511205038 0
CHAPEL SQUARE (BLDG B) 204 1 1 630 N 210512116020 0
CHAPEL SQUARE (BLDG B) 206 1 1 584 N 210512116022 0
CHAPEL SQUARE (BLDG B) 216 l 1 581 N 210512116031 0
CHAPEL SQUARE (BLDG B) 218 1 1 626 N 210512116033 0
CHAPEL SQUARE (BLDG B) 304 1 l 630 N 210512116052 0
CHAPEL SQUARE (BLDG B) 306 1 1 584 N 210512116054 0
CHAPEL SQUARE (BLDG B) 316 1 1 581 N 210512116063 0
CHAPEL SQUARE (BLDG B) 318 1 1 626 N 210512116065 0
MOUNTAIN VISTA EMPLOYEE HOUSING E201 3 l 849 N 210512222001 0
MOUNTAIN VISTA EMPLOYEE HOUSING E202 2 1 497 Y 210512222002 0
MOUNTAIN VISTA EMPLOYEE HOUSING E203 1 1 405 N 210512222003 0
MOUNTAIN VISTA EMPLOYEE HOUSING E204 1 1 405 Y 210512222004 0
MOUNTAIN VISTA EMPLOYEE HOUSING E205 1 1 405 Y 210512222005 0
MOUNTAIN VISTA EMPLOYEE HOUSING E206 1 l 405 Y 210512222006 0
MOUNTAIN VISTA EMPLOYEE HOUSING E207 0 1 222 Y 210512222007 0
MOUNTAIN VISTA EMPLOYEE HOUSING E208 0 1 230 Y 210512222008 0
MOUNTAIN VISTA EMPLOYEE HOUSING E209 0 1 230 Y 210512222009 0
MOUNTAIN VISTA EMPLOYEE HOUSING E210 0 l 230 N 210512222010 0
MOUNTAIN VISTA EMPLOYEE HOUSING E301 3 l 807 N 210512222011 0
MOUNTAIN VISTA EMPLOYEE HOUSING E302 2 1 495 Y 210512222012 0
MOUNTAIN VISTA EMPLOYEE HOUSING E303 l 1 405 N 210512222013 0
MOUNTAIN VISTA EMPLOYEE HOUSING E304 1 l 405 Y 210512222014 0
MOUNTAIN VISTA EMPLOYEE HOUSING E305 l 1 405 Y 210512222015 0
MOUNTAIN VISTA EMPLOYEE HOUSING E306 I 1 405 Y 210512222016 0
MOUNTAIN VISTA EMPLOYEE HOUSING E307 0 1 222 N 210512222017 0
MOUNTAIN VISTA EMPLOYEE HOUSING E308 0 1 230 N 210512222018 0
MOUNTAIN VISTA EMPLOYEE HOUSING E309 0 1 230 Y 210512222019 0
MOUNTAIN VISTA EMPLOYEE HOUSING E310 0 1 230 N 210512222020 0
LAKESIDE TERRACE CONDOMINIUMS B204 1 1 541 Y 210512217015 0
LAKESIDE TERRACE CONDOMINIUMS B205 2 l 645 Y 210512217016 0
WILDWOOD TOWNHOMES NORTH Cl 3 2 1,266 N 194335412001 0
WILDWOOD TOWNHOMES NORTH C2 2 1 1,020 N 194335412002 0
WILDWOOD TOWNHOMES NORTH C3 2 l 1,020 N 194335412003 0
WILDWOOD TOWNHOMES NORTH C4 2 1 1,020 N 194335412004 0
WILDWOOD TOWNHOMES NORTH C5 3 2 1,266 N 194335412005 0
WILDWOOD TOWNHOMES SOUTH Al 3 2 1,266 N 194335411001 0
WILDWOOD TOWNHOMES SOUTH A2 2 1 1,020 N 194335411002 0
WILDWOOD TOWNHOMES SOUTH A3 2 1 1,020 N 194335411003 0
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WILDWOOD TOWNHOMES SOUTH A4 2 l 1,020 N 194335411004 0
WILDWOOD TOWNHOMES SOUTH A5 2 1 1,020 N 194335411005 0
WILDWOOD TOWNHOMES SOUTH A6 3 2 1,266 N 194335411006 0
WILDWOOD TOWNHOMES SOUTH B1 3 2 1,266 N 194335411007 0
WILDWOOD TOWNHOMES SOUTH B2 2 1 1,020 N 194335411008 0
WILDWOOD TOWNHOMES SOUTH B3 2 1 1,020 N 194335411009 0
WILDWOOD TOWNHOMES SOUTH B4 2 1 1,020 N 194335411010 0
WILDWOOD TOWNHOMES SOUTH B5 2 1 1,020 N 194335411011 0
WILDWOOD TOWNHOMES SOUTH B6 3 2 1,266 N 194335411012 0
GRANDVIEW 101 1 1 715 N 210502415001 0
GRANDVIEW 102 2 2 870 N 210502415002 0
GRANDVIEW 103 2 2 823 N 210502415003 0
GRANDVIEW 104 2 2 870 N 210502415004 0
GRANDVIEW 105 2 2 823 N 210502415005 0
GRANDVIEW 106 2 2 1,002 N 210502415006 0
GRANDVIEW 201 1 1 576 Y 210502415007 0
GRANDVIEW 202 2 2 870 N 210502415008 0
GRANDVIEW 203 2 2 870 N 210502415009 0
GRANDVIEW 204 2 2 870 N 210502415010 0
GRANDVIEW 205 2 2 870 N 210502415011 0
GRANDVIEW 206 2 2 864 N 210502415012 0
CITY MARKET 0 0 0 Y 210512102023 14
BUFFALO RIDGE 210307202001 244
EAGLE BEND APARTMENTS 210512406015 294
RIVERSIDE APARTMENTS 210512407002 54
FALCON POINTE CONDO INTERVAL 504 1 1 659 Y 210512211045 0
GANDORF D 3 2 1,491 N 194335431004 0
RIVERFRONT LODGE 101 2 2 1,005 Y 210512230002 0
RIVERFRONT LODGE 103 2 2 1,005 Y 210512230004 0
ONE RIVERFRONT 107 2 2 Y TBD
HIDDEN VALLEY ESTATES (TRACT Y) TBD 53
MI CASA UNITS 40
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EXHIBIT B
SCOPE OF SERVICES AND FEES
The following services will be provided to the Town by ECHDA/TVHS:
1. Qualifications for the initial developer sales and all resales of the Town's price capped and/or
resident occupied deed restricted housing stock.
a. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the sale and
resale process.
b. ECHDA/TVHS will calculate maximum resale prices for sellers, including calculation
of capital improvements.
c. ECHDA/TVHS will qualify buyers.
d. ECHDA/TVHS will prepare and provide required deed restricted documentation for
closings.
e. ECHDA/TVHS will facilitate lotteries, if needed.
f. Compensation for this service will be $500 for each unit where a 2% sales fee is not
collected through the resale transaction. The fee will be paid by the Town to
ECHDA/TVHS. Transaction sales where the 2% sales fee is collected by TVHS
directly will not incur this fee by the Town.
g. An exception includes individual Mi Casa Avon Resident Occupied units for both
initial purchase and resale.
h. An exemption for initial sale or resale may be excluded by the Town Council, where
applicable.
2. ECHDA/TVHS will serve as a resource to the Town and consumers regarding the Town's
affordable housing program by providing the following:
a. Communicate the Town's information on TVHS website, and provide a link to the
TVHS website from the Town's website.
b. Provide at least one in-person first-time homebuyer education course to be held in
Avon.
c. Provide individual credit counseling or budgeting sessions to buyers or owners of the
Town’s units or down payment assistance programs.
d. Attend work sessions with the Town Council as requested and recommend best
practices.
e. Compensation for this service will be paid by the Town to ECHDA/TVHS on an hourly
basis not to exceed $2,600 per calendar year. This not-to-exceed amount is based on 40
hours of work at $65/hour.
f. Special Projects billed at $75/hour on a case by case basis and with prior approval by
both the Town of Avon and ECHDA/TVHS.
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