HomeMy WebLinkAboutR24-03 ECHDA Authorizing any Commissioner to Sign Docs Associated with Eagle Villas Apartments DocuSign Envelope ID:9351616C-AA74-40A8-BC74-1EFEF3510BF6 Commissioner McQueeney moved adoption of the following Resolution: EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY RESOLUTION NO. 2024- 03 RESOLUTION AUTHORIZING ANY COMMISSIONER TO SIGN DOCUMENTS ASSOCIATED WITH EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY'S ROLE IN THE ACQUISITION AND RESYINDICATION OF THE EAGLE VILLAS APARTMENTS WHEREAS,the Eagle County Housing and Development Authority(the "ECHDA") entered into a Conditional Funding Commitment Letter with Ulysses Development Group LLC ("UDG"), dated February 27, 2024, to provide $6.5 million in subordinate debt, of which $3.5 million will be repaid to ECHDA at resyndication, to allow for ECHDA's participation in the project as a special limited partner to effectuate property, sales, and use tax exemption, and to commit ECDA to applying for Private Activity Bond Capacity from the Statewide Balance, all of which is necessary for UDG to acquire and resyndicate the Eagle Villas Apartments. Eagle Villas Apartments is a 120-unit apartment complex with rental rates affordable to households earning between 45-60% of the area median income located in Eagle, Colorado (the "Property"); and WHEREAS, ECHDA has negotiated the terms and conditions by which it will enter into loan agreements and partnership agreements (the "Term Sheet"); and WHEREAS, ECHDA desires to authorize any Commissioner of the ECHDA Board to execute documents that may be required at closing of the acquisition of the Property, including, but not limited to, a limited partnership agreement, mortgage note, loan documents and any other documents required for closing of the acquisition of the Property, all in substantial conformance with the Term Sheet, subject to prior review by the Eagle County Attorney's Office and subject to availability of budgeted and appropriated funds; and WHEREAS, agreements and documents executed by a Commissioner of the ECHDA shall be identified on the next available agenda for the ECHDA Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY: DocuSign Envelope ID:9351616C-AA74-40A8-BC74-1 EFEF3510BF6 THAT the ECHDA Board hereby authorizes any Commissioner of the ECHDA Board to execute on its behalf all documents, instruments and other forms that may be necessary to assist UDG in the acquisition of the Property, including but not limited to, a limited partnership agreement, mortgage note, loan documents, and any other documents required for closing of the acquisition of the Property, all in substantial conformance with the Term Sheet, subject to prior review by the Eagle County Attorney's Office, and subject to availability of budgeted and appropriated funds. THAT,the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of Eagle County, State of Colorado. [Remainder of page left intentionally blank] DocuSign Envelope ID:9351616C-AA74-40A8-BC74-1 EFEF3510BF6 MOVED, READ AND ADOPTED by the Eagle County Housing and Development Authority, at its regular meeting held this 16th day of April, 2024. r — DocuSigned by: ar( Ila EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY <b oanoo ATTEST: DocuSigned by: DocuSigned by: L. -.it4A /5(1(, wl.uiAMAS kilif Scuvr CfF510277407471... By. �8,E7B,D718cnA73 Secretary to ECHDA Matt Scherr President, ECHDA DocuSigned by: Lc Si iy.e.2...s CA4AC128F8AA47A.. Jeanne McQueeney Commissioners Kathy Chandler-Henry Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Scherr Aye Commissioner McQueeney Aye Commissioner Chandler-Henry Absent This resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado