HomeMy WebLinkAboutC24-380 ECHDA_ volume cap allocationCERTIFICATE OF THE COUNTY OF EAGLE, COLORADO
CONCERNING ASSIGNMENT OF
2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION
TO THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
I, the undersigned, hereby certify as of September 10, 2024 that I am a duly
chosen, qualified and acting officer of the County of Eagle, Colorado (the “Assignor”), and that:
1. The Assignor is a public body corporate and politic and political
subdivision, duly organized and existing under the constitution and laws of the State of
Colorado.
2. The Assignor has been previously notified that, pursuant to Section 24-32-
1706 of the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of
Title 24, Colorado Revised Statutes (the “Allocation Act”), it has an allocation of a portion of the
State ceiling (as defined in the Allocation Act) for 2024 in the amount of $3,478,699.
3. Attached hereto as Exhibit A is a true and correct copy of
Resolution No. 2024______ (the “Resolution”) authorizing the assignment to the Eagle County
Housing and Development Authority (the “Authority”) of all of such allocation of the 2024 State
ceiling in the amount of $3,478,699 (the “Assigned Allocation”), and authorizing the execution
and delivery of an Assignment of Allocation dated as of September 10, 2024 (the “Assignment
of Allocation”) between the Assignor and the Authority in connection therewith, which
Resolution was duly adopted by the Board of County Commissioners of the Assignor (the
“Governing Body”) at a meeting thereof held on September 10, 2024, at which meeting a
quorum was present and acting throughout and which Resolution has not been revoked,
rescinded, repealed, amended or modified and is in full force and effect on the date hereof.
4. The meeting of the Governing Body at which action has been taken with
respect to the Assignment of Allocation was a regular meeting properly called and open to the
public at all times.
5. With respect to the Assigned Allocation, the Assignor has not heretofore:
(a) issued private activity bonds; (b) assigned the Assigned Allocation to another “issuing
authority,” as defined in the Allocation Act; (c) made a mortgage credit certificate election; or
(d) treated the Assigned Allocation as an allocation for a project with a carryforward purpose, as
defined in the Allocation Act.
6. The Assignment of Allocation, attached hereto as Exhibit B, is in the form
presented to and approved by the Governing Body at the meeting thereof held on September
10, 2024.
7. On or before the date hereof, an Authorized Officer of the Assignor
officially executed the Assignment of Allocation.
8. The Assignor has authorized the execution, delivery and due performance
of the Assignment of Allocation, and the execution and delivery of the Assignment of Allocation
and the compliance by the Assignor with the provisions thereof, will not, to the best of my
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knowledge, conflict with or constitute on the part of the Assignor a breach of or a default under
any existing Colorado law, Assignor resolution, court or administrative regulation, decree or
order or any agreement or other instrument to which the Assignor is subject or by which it is
bound.
9. To the best of the undersigned’s knowledge, there does not exist any
action, suit, proceeding or investigation pending, or threatened against the Assignor, contesting
(a) the corporate existence of the Assignor, (b) the title of its present officers or any of them to
their respective offices, including, without limitation, the members of the Governing Body,
(c) the validity of the Assignment of Allocation or (d) the power of the Assignor to execute,
deliver or perform the Assignment of Allocation.
10. No referendum petition has been filed concerning the Resolution; and to
the best of my knowledge none is being circulated or planned for circulation.
(Signature page follows)
Docusign Envelope ID: 017CD009-0181-4C1D-8C48-0927794F0576
(Signature page to Certificate Concerning
Assignment of 2024 Private Activity Bond Volume Cap)
WITNESS my hand as of the date first written above.
ASSIGNOR:
COUNTY OF EAGLE, COLORADO,
By: _______________________________
Matt Scherr, Chair
Eagle County Board of County
Commissioners
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__________________Jeanne McQueeney, Vice Chair
A-1
EXHIBIT A
RESOLUTION
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B-1
EXHIBIT B
ASSIGNMENT OF ALLOCATION
57635208.1
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