HomeMy WebLinkAboutR25-028 Authorizing Executive Dir of ECHDA to Execute Documents Associated with Tree Farm Units Docusign Envelope ID:AB893777-2AD7-49A9-B1D3-C962CE355133 Commissioner scherr moved adoption of the following Resolution: EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY RESOLUTION NO. 2025- 028 RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR OF THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY TO EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED WITH DEED RESTRICTIONS,AND THE PURCHASE AND RESALE OF TREE FARM UNITS WHEREAS,the Tree Farm PUD is a transit-oriented mixed-use community that includes an affordable housing plan that meets and exceeds the recommended mitigation of the Eagle County Affordable Housing Guidelines through provision of a mix of 40 affordable rental units, 10 price capped deed restricted units and approximately 150 resident-occupied deed- restricted units, resulting in a unit equivalent of 100 affordable housing units. The Tree Farm PUD Affordable Housing Plan is detailed in the Tree Farm PUD Guide and assures that long- term affordable housing is provided in the PUD, to provide public benefit, and conform with the Comprehensive Plan; and WHEREAS, affordable housing within the Tree Farm PUD is to be provided in three (3) general types: price capped deed restricted for sale,price capped deed restricted rental and resident occupied for sale deed restricted, with quantities specified for each in the PUD Guide; and WHEREAS, for the initial sale of each non-price capped for sale housing unit in the PUD, the developer is required to extend a First Right of Offer to Eagle County(as such term is defined in the PUD Guide), for a period not to exceed sixty(60) days prior to formally listing those units for sale. This provision is intended to allow Eagle County the opportunity to purchase units for the sole purpose of adding to the County' s affordable housing stock; and WHEREAS, it will be necessary for the Eagle County Housing and Development Authority(the "ECHDA")to execute certain documents associated with conveyance of deed restrictions agreements, and/or for purchase of certain non-price capped for sale units, if ECHDA elects to purchase a unit or units pursuant to the First Right of Offer contained in the PUD Guide; and WHEREAS,ECHDA desires to delegate to the Executive Director of ECHDA and in her absence, the Eagle County Housing Manager, the authority to negotiate, enter into and Docusign Envelope ID:AB893777-2AD7-49A9-B1D3-C962CE355133 execute on its behalf all deed restriction agreements for price capped rental housing, price- capped for sale housing and resident occupied for sale housing and any associated documents, including but not limited to: options to purchase; and all documents, instruments and other forms that may be necessary to complete the purchase of any non-price capped for sale units pursuant to the First Right of Offer contained in the PUD Guide, and to execute any documents associated with the resale of such units to third-party purchasers, including, but not limited to: Contracts to Buy and Sell Real Estate, closing authorizations and instructions, settlement statements, closing documents, and deeds, all 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 committing funds for the purchase of any non- price capped for sale units and executed by the Executive Director 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: THAT the ECHDA Board hereby authorizes the Executive Director of ECHDA and in her absence, the Eagle County Housing Manager, the authority to negotiate, enter into and execute on its behalf all deed restriction agreements for affordable rental housing, price capped for sale housing and resident occupied for sale housing and any associated documents, including but not limited to: options to purchase; and all documents, instruments and other forms that may be necessary to complete the purchase of any non-price capped for sale units pursuant to the First Right of Offer contained in the PUD Guide, and to execute any documents associated with the resale of such units to third-party purchasers, including, but not limited to: Contracts to Buy and Sell Real Estate, closing authorizations and instructions, settlement statements, closing documents, and deeds, all subject to prior review by the Eagle County Attorney's Office, and subject to availability of budgeted and appropriated funds. THAT,the Commissioners of the Eagle County Housing and Development Authority find, determine and declare 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:AB893777-2AD7-49A9-B1D3-C962CE355133 MOVED, READ AND ADOPTED by the Eagle County Housing and Development Authority, at its regular meeting held this 18th day of March, 2025. Signed by: vDatc EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY oto0.P ATTEST: DocuSigned by: DocuSigned by: F6141 bit MAMAS Cr$44"14- Id?""It46t EFF610277467171... CA4AC128FBAA47A Secretary to ECHDA Jeanne McQueeney President, ECHDA Signed by: —ram„ a,,,(. CD9995F4BF5F448... Tom Boyd Commissioner E ASiwnegned byy: I l awry R1 F7R7171 RF0474 Matt Scherr Commissioner Commissioner Boyd seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Boyd Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Eagle County Housing and Development Authority, County of Eagle, State of Colorado