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HomeMy WebLinkAboutR25-039 Changes to the Good Deeds Program Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 Commissioner Scherr moved adoption of the following resolution: BOARD OF EAGLE COUNTY COMMISSIONERS EAGLE COUNTY, COLORADO RESOLUTION NO. 2025- 039 RESOLUTION AUTHORIZING CHANGES TO THE EAGLE COUNTY GOOD DEEDS PROGRAM WHEREAS,on July 27, 2021, pursuant to Eagle County Resolution No. 2021-084, the Eagle County Board of County Commissioners ("Board") authorized the Eagle County Housing and Development Authority's Bold Housing Moves, a series of housing programs, including a deed restriction buy down program, called the Eagle County Good Deeds Program("Good Deeds Program") designed to address the growing housing challenges among local residents in Eagle County; and WHEREAS,the Eagle County Housing and Development Authority("ECHDA") acts as fiscal agent for the County and funds, administers, and enforces the Good Deeds Program, including use of ECHDA form deed restrictions. Through the Good Deeds Program, the ECHDA pays five percent(5%) of an Eligible Household's purchase price in exchange for the recordation of a ECHDA Resident Occupied deed restriction and fifteen percent(15%) of an Eligible Household's purchase price in exchange for the recordation of a ECHDA Price Capped deed restriction against an open market property located in Eagle County; and WHEREAS, a few years having passed since the Good Deed program's inception, and having added more than 100 new properties into the program, the Board now desires to update programmatic components of the Good Deeds Program, including revisions to the ECHDA form deed restrictions and Deed Restriction Purchase Agreement, to amend and restate the Good Deeds Program Guidelines to expand the definition of an Eligible Property and include provisions for participation by Community Partners, and to delegate authority to the ECHDA to use and execute the same; and WHEREAS,the Board desires to delegate authority to the ECHDA Executive Director (the"Director") and/or The Valley Home Store ("TVHS"), to negotiate and enter into Deed Restriction Purchase Agreements in accordance with the Program Guidelines attached hereto and incorporated herein as Exhibit A and in the form attached hereto and incorporated herein as Exhibits B and E ("Deed Restriction Purchase Agreements"); the authority to utilize and execute ECHDA deed restrictions in the form of the Resident Occupied Deed Restriction attached hereto and incorporated herein as Exhibit C (the"Resident Occupied Deed Restriction") and the Price Capped Deed Restrictions attached hereto and incorporated herein as Exhibits D and F (the "Price Capped Deed Restriction") and to authorize the Director to execute all documents that may be required at closing to complete the purchase of said deed restrictions, including, but not limited to Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 execution of Resident Occupied and Price Capped Deed Restrictions, subject to prior review and approval by the Eagle County Attorney's Office; and WHEREAS,the Eagle County Good Deeds program will forever preserve the deed restricted properties for future local resident buyers who qualify as Eligible Households, as that term is defined in the Eagle County Affordable Housing Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF EAGLE, STATE OF COLORADO: THAT the Board hereby approves the amended and restated Good Deeds Program Guidelines, attached hereto as Exhibit A, and hereby delegates to the ECHDA the authority to act as the fiscal agent for the County and to administer and enforce the Good Deeds Program, including use of the form documents attached hereto. THAT the Board hereby delegates to the ECHDA, through its Director and/or TVHS, the authority to negotiate and enter into Deed Restriction Purchase Agreements in the form attached hereto as Exhibit B; the authority to utilize and execute ECHDA deed restrictions in the form of the Resident Occupied Deed Restriction attached hereto as Exhibit C; and the Price Capped Deed Restriction attached hereto as Exhibit D; the Community Partner Program Deed Restriction Purchase Agreements attached hereto as Exhibit E; and the Community Partner Program Price Capped Deed Restriction attached hereto as Exhibit F; and to authorize the Director to execute documents that may be required at closing to complete the sale of said deed restrictions, including but not limited to execution of any Resident Occupied or Price Capped Deed Restrictions subject to prior review and approval by the Eagle County Attorney's Office. THAT the ECHDA cease the use of all previous versions of the forms updated herein for future Good Deeds transactions as soon as practicable, bearing in mind that the previous versions of such forms may be used for transactions currently pending, or when transactions were previously negotiated contemplating their use. THAT this Resolution is necessary for the health, safety and welfare of the people of Eagle County, Colorado. [Remainder of page left intentionally blank] 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle County, State of Colorado, at its regular meeting held this 8`h day of April, 2025. c — Signed by: Ilk COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its c BOARD OF COUNTY COMMISSIONERS ATTEST: Signed by: DocuSigned by: b E ukti aost, FRSf]! A4R(:RAd(:A ` By: f AdAn17AFAAAd7A Clerk to the Board Jeanne McQueeney County Commissioners Chair FSigned by: ran Berk CD0006F16F61118... Tom Boyd Commissioner ESigned by: /tneuff S•cttar R1F7R9N1RFOd73 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 Board of County Commissioners of the County of Eagle, State of Colorado 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT A Good Deeds Program Guidelines 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fl HOUSING EAGLE Eagle County Good Deeds Program f Program Guidelines O CUNTY These Guidelines are subject to change based on availability of funds, conditions of property and market conditions. ECHDA does not discriminate on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, ancestry or source of income. Eagle County has created the Eagle County Good Deeds program which will allow the County to make a payment toward the purchase price of an Eligible Household's open market property in exchange for recording an Eagle County Housing and Development Authority ("ECHDA") Deed Restriction against the property. This Good Deeds Program ("Good Deeds") will support the local deed restricted inventory of for sale homes available to Eligible Households who make Eagle County their permanent residence.The intent of the program is to facilitate the purchase and recordation of a deed restriction by the ECHDA to restrict use and occupancy of an open market property to an Eligible Household, through either a Resident Occupied or Price Capped Deed Restriction. By converting an existing open market property to a deed restricted property, that property will be preserved for a local Eligible Household for the future. The Good Deeds Program will be administered by the ECHDA and/or The Valley Home Store ("TVHS") pursuant to the guidelines set forth below. Eligible Households An Eligible Household (also referred to herein as"Buyer") is as defined by the most recent Eagle County Affordable Housing Guidelines and Administrative Procedures and subject to policies contained within. Eligible Property Real property and improvements consisting of single family homes, condominiums, townhomes, duplexes, modular homes or manufactured homes on a permanent foundation taxed as real property within the jurisdictional boundaries of Eagle County that are not currently encumbered by a deed restriction, right of first refusal, occupancy requirement, Land Use Regulatory Agreement, or similar program. Buyer to complete due diligence and confirm property eligibility at time of application, and other real property and improvements as may be approved pursuant to this Program. Maximum Purchase $1,250,000 Price of Property Primary Residence Buyer is required to be an Eligible Household and use the Eligible Property as its primary residence, as defined in the Eagle County Affordable Housing Guidelines. Buyer Down Minimum down payment of 3% contributed directly by the Buyer towards the Payment purchase price of the Eligible Property, excluding any down payment assistance funds, employment assistance program, or others. Deed Restriction Either an ECHDA Resident Occupied or Price Capped Deed Restriction will be recorded against the Eligible Property with Eagle County Clerk and Recorder's office. Effective date April 8,2025 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fl HOUSING jI EAGLECOUNTY 9County Program I 9 Eagle Good Deeds Program Guidelines County Payment Payment of 5% of purchase price in exchange for Resident Occupied Deed Restriction, not to exceed $62,500; payment of 15%of purchase price in exchange for Price Capped Deed Restriction, not to exceed $187,500 for either Deed Restriction. Funds are wired directly to the title company by or before closing on the property, in conformance with applicable closing instructions. Community Partner ECHDA may cooperate with other entities to increase funding and support for Program homeownership in Eagle County through purchase of a For Sale Price-Capped Deed Restriction to be recorded against an Eligible Property. Such other entities may be approved as a Community Partner within this program by ECHDA; a prerequisite to such approval shall be the partner's acceptance of ECHDA's current program forms and good funds. This Program is compatible with all Eagle County Down Payment Assistance Loan programs, Good Deeds Avon, and other similar partner programs. Community Partners may be a secondary beneficiary under the ECHDA Price Capped For Sale Deed Restriction in partnership with ECHDA as the primary beneficiary. ECHDA, as the primary beneficiary under the Price Capped Deed Restriction, will contribute 15% towards the purchase price of the Eligible Property and the Partner, the secondary beneficiary under the Price Capped Deed Restriction, will contribute another 15% toward said purchase price. The total of 30% of the purchase price shall be credited to the account of the Buyer at closing in accordance with these Program Guidelines. Funds and applicable closing instructions shall be delivered to the title company on behalf of the Buyer to be applied toward the purchase price at closing. The Partner shall delegate authority to ECHDA to administer the Price Capped Deed Restriction on its behalf, including providing notice to Partner of any resale of the Eligible Property. New Construction If an Eligible Property has not been constructed or is under construction prior to Program execution of the Deed Restriction Purchase Agreement, ECHDA may require that the Buyer and any associated developer provide ECHDA with written consent for the ECHDA to obtain a credit check or bank asset verification letter for the developer and the buyer, a promissory note and deed of trust, a guaranty agreement to secure the promissory note executed by the developer, executed by the Buyer, and/or other documentation to secure the ECHDA's investment, at its sole discretion. Either a Resident Occupied or Price Capped Deed Restriction will be recorded against the vacant lot at the time of Buyer's closing on such a lot. The note, deed of trust, and guarantee would be released at certificate of occupancy for the Eligible Property. Other Real Estate Buyer may not own any other residential real estate at the time of purchase of an Eligible Property or for the period that Buyer owns the Eligible Property once subject to a ECHDA Deed Restriction. A Qualified Employer must rent to a lessee that does not own any other real property. Effective date April 8,2025 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fil% HOUSING EAGLE TY Eagle County Good Deeds Program I Program Guidelines COUNTY Term The Deed Restriction is perpetual and runs with the Eligible Property and any/all future resale transactions.The Eligible Property must remain the primary residence of any Buyer or lessee, and Buyer or lessee agrees to recertify their eligibility as an Eligible Household annually. Recertification Buyers and lessees must recertify their eligibility as an Eligible Household annually in accordance with the Eagle County Affordable Housing Guidelines and Administrative Procedures. Homebuyer Training All Eligible Households must attend a Home Buyer Class, offered by TVHS, prior to closing or within 6 months of purchase. Qualified Employers are exempt from this requirement. Application Buyer shall locate the Eligible Property available for sale and complete an application (an"Application").Applications are received on a first come,first served basis to be time and date stamped in order of completed applications. Applications will be approved at the discretion of the Program Administrator, subject to available funds. A complete Application requires the following: • Fully executed purchase and sale agreement for the Eligible Property with any amendments • Most current title commitment for the Eligible Property • Proof of current employment • Pre-qualification letter from a local lender • Proof of residency • Photo ID Application Review and approval within 3 business days of receipt by the Program Processing Administrator, once all Application items are received. Upon notification of approval, the Eligible Household will execute a Deed Restriction Purchase Agreement with ECHDA. Application Program Administrator requires 15 business days to prepare the closing Approval for documents and to fund for closing after initial Application approval. Closing Deed Restriction In exchange for the ECHDA payment set forth above, either a Resident Occupied or Price Capped Deed Restriction will be recorded against the Eligible Property at the time of closing. The Deed Restriction shall govern the future use and occupancy, and transfer of the Eligible Property to an Eligible Household in perpetuity. Effective date April 8,2025 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 API \ HOUSING EAGLETY Eagle County Good Deeds Program I Program Guidelines COUNTY Resident Payment of 5% of purchase price. No appreciation cap, limits on owning other real Occupied estate, TVHS shall approve all future buyers, TVHS is not required to act as broker upon resale Price Payment of 15% of purchase price. Future resale price appreciation is capped Capped between 0-3% simple interest annually, limits on owning other real estate, TVHS shall be resale broker and approve all future buyers upon resale. Future Resale The Program Administrator may not facilitate the resale of any Resident Occupied Deed Restricted properties, but shall approve all future buyers for a fee. No concessions will be made by the Good Deeds Program as to customary closing costs. A waitlist of Eligible Households will be maintained by the Program Administrator. The Program Administrator shall administer and facilitate the resale of all future Price Capped Deed Restricted properties.Transactional brokerage sales fee of 2% shall be paid to TVHS by Seller at time of closing as outlined in Eagle County Affordable Housing Guidelines Administrative Procedures. No concessions will be made by the Good Deeds Program as to customary closing costs. Customary closing costs will be borne by each party, no concessions. A waitlist of Eligible Households will be maintained by the Program Administrator. Applicability All aspects of the Good Deeds Program eligibility and approval are at the sole and exclusive discretion of the Program Administrator and availability of funds. These Guidelines are subject to change and such changes shall be binding upon the applicant. Applications may be denied based on the physical condition of the proposed property, concerns with the purchase agreement or a determination that the Deed Restriction purchase is not in the best interest of the ECHDA. The program is subject to market conditions. Other In the event of policy conflict between this program and the Eagle County Affordable Housing Guidelines and the Administrative Procedures, the Eagle County Affordable Housing Guidelines shall control. Program The ECHDA and/or the TVHS or other as assigned by Eagle County. Administrator More information www.housingeaglecounty.com or call (970) 328-8700 EQUAL HOUSING OPPORTUNITY Effective date April 8,2025 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT B Form of Deed Restriction Purchase Agreement 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0� HOUSING Eagle County Good Deeds Program Ala EAGLECOUNTY Deed Restriction Purchase Agreement DEED RESTRICTION PURCHASE AGREEMENT THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is made this _ day of , 20_ (the "Effective Date"), by and between the Eagle County Housing and Development Authority ("ECHDA"), a body corporate and politic and ("Buyer"), with an address of (each a "Party" and collectively the "Parties"). WHEREAS,Buyer has qualified as an Eligible Household, as that term is defined by the Eagle County Affordable Housing Guidelines, and is under contract to purchase the real property and improvements more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Buyer has agreed to the recording of an ECHDA deed restriction against the Property(the"Deed Restriction"), in exchange for payment from Eagle County in an amount equal to percent( %) of the purchase price of the Property,to be credited to the purchase price of the Property at Closing in accordance with the Eagle County Good Deeds Program. WHEREAS,the Deed Restriction requires occupancy of the Property by an Eligible Household as set forth in the Deed Restriction attached as Exhibit B hereto. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Conveyance. Buyer agrees to convey, sell, transfer and assign to the ECHDA, and the ECHDA, on behalf of Eagle County, agrees to purchase from Buyer, the Deed Restriction, on the terms and conditions of this Agreement. Buyer agrees to execute the Deed Restriction, in the form attached hereto as Exhibit B, at the closing on the purchase of the Property(the"Closing"). 2. Purchase Price. The purchase price for the Deed Restriction shall be $ dollars(the"Purchase Price"),delivered to the title company for the account of the Buyer to be credited to the purchase price of the Property at Closing in funds which comply with all applicable Colorado laws, which include electronic transfer funds, certified check and cashier's check, at the County's option. 1 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0"10\ HOUSING Eagle County Good Deeds Program Alt1 EAGLECOUNTY Deed Restriction Purchase Agreement 3. Buyer Down Payment. As a condition of the ECHDA acquiring the Deed Restriction, Buyer agrees it will contribute three percent(3%) or more of its own funds towards the purchase price of the Property, which funds do not include any third party down payment assistance funding. 4. Notice and Consent. Buyer certifies that Buyer has notified every person or entity holding a lien or other encumbrance on the Property as well as every person or entity Buyer reasonably believes will hold a lien or encumbrance on the Property of the proposed purchase of the Deed Restriction by the County, and if necessary, obtained each of their consent to the recording of the Deed Restriction against the Property. Should Buyer not provide such notice or obtain such consent,and Buyer's failure to do so causes the Deed Restriction to become unenforceable for any reason, Buyer shall refund the entire Purchase Price to the ECHDA within 30 days of receipt of written notice from the ECHDA. 5. Buyer's Representations and Warranties. Buyer hereby represents and warrants that the following statements are now,and will be as of the Closing date,true and correct,to the best of Buyer's knowledge, and Buyer shall give the ECHDA prompt written notice if any of the representations or warranties made by Buyer in this Agreement are no longer true or correct in any material manner: a. There is no action, suit or proceeding pending, or to the best of Buyer's knowledge threatened, against or otherwise affecting Buyer or the Property in any court of law or equity,or before any governmental authority, in which an adverse decision might materially impair Buyer's ability to perform its obligations under this Agreement. b. There are no liens, encumbrances, or other interests in the Property, either recorded or unrecorded. c. There is no pending or threatened condemnation or similar proceeding affecting the Property. 6. ECHDA Remedies. In the case of any breach of this Agreement by Buyer, ECHDA may terminate this Agreement by written notice to Buyer,and the ECHDA shall have all remedies available at law or equity for such breach. In addition to all other remedies, in the case of a breach of this Agreement by Buyer,the ECHDA shall have the right to recover the entire Purchase Price from Buyer, in addition to all costs and fees, including attorney fees, incurred by ECHDA. If said breach occurs prior to or at Closing,the Parties agree that the ECHDA shall not be required to pay the Purchase Price for the Deed Restriction,and any funds paid to the account of the Buyer shall be immediately refunded to the ECHDA. 7. Miscellaneous. 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0 � HOUSING Eagle County Good Deeds Program 1� EAGLECOUN TY Deed Restriction Purchase Agreement a. Entire Agreement. This Agreement contains the entire agreement of the Parties. There are no other agreements, oral or written, and this Agreement can be amended only by written agreement signed by the Parties b. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. Assignment. There shall be no transfer or assignment of any of the rights or obligations of Buyer under this Agreement without the prior written approval of the ECHDA. f. Third Parties. There are no intended third-party beneficiaries to this Agreement. g. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the County or the ECHDA under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall not constitute a debt or obligation of the County or the ECHDA within any statutory or constitutional provision. h. No Joint Venture. Notwithstanding any provision hereof, neither the County nor the ECHDA shall ever be a joint venture in any private entity which participates in this Agreement, and neither the County nor the ECHDA shall be liable or responsible for any debt or obligation of any participant in this Agreement. i. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. j. Governmental Immunity. Eagle County, the ECHDA and their respective officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the County or the ECHDA and its officers, attorneys or employees. 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fig.\ HOUSING Eagle County Good Deeds Program mato EAGLE Deed Restriction Purchase Agreement COUNTY WHEREFORE, the Parties have executed this Agreement as of the Effective Date. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY, by and through the Executive Director Kimberly Bell Williams Title Date 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fill\ HOUSING Eagle County Good Deeds Program 11$ EAGLE COUNTY Deed Restriction Purchase Agreement • BUYER Signature Printed Name Date 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi%\ HOUSING Eagle County Good Deeds Program 41$ EAGLE COUNTY Deed Restriction Purchase Agreement EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /91%\ HOUSING Eagle County Good Deeds Program 41111> EAGLE COUNTY Deed Restriction Purchase Agreement EXHIBIT B DEED RESTRICTION 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT C Form of Resident Occupied Deed Restriction 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING EAGLE Eagle County Good Deeds Program COUNTY Resident Occupied Deed Restriction DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF RESIDENT OCCUPIED FOR SALE HOUSING This DEED RESTRICTION AGREEMENT FOR RESIDENT OCCUPIED FOR SALE HOUSING (the "Agreement") is made and entered into this day of , 20 , by (hereinafter known as "Owner") for the benefit of the parties and is enforceable by the Eagle County Housing and Development Authority (the "ECHDA"), or its assign or designee as and to the extent set forth herein. RECITALS: WHEREAS, Owner is purchasing the real property and improvements known as and more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Subject Property"); and WHEREAS, in exchange for compensation as set forth in a Deed Restriction Purchase Agreement of even date herewith, and pursuant to the Eagle County Good Deeds Program, Owner has agreed to place certain restrictions on the occupancy and resale of the Subject Property for the benefit of the ECHDA by requiring occupancy of the Subject Property by an Eligible Household, as that term is defined below, all in accordance with the terms and conditions of the Agreement. NOW,THEREFORE, in consideration of the foregoing, Owner hereby represents, covenants, and agrees as follows: 1. Definitions: A. "Eligible Households" means Households that will (i) use the Subject Property as their Primary Residence, (ii) are qualified employees, and (iii) own no other real estate. Each of the criteria are further defined below: i. Employment Qualification: 1. At least one member of the Household must meet one or more of the following criteria: a. A member earns a living primarily in Eagle County, Colorado by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County (multiple jobs in Eagle County may be combined to reach 30 hours per week); or b. All members of the Household cumulatively earn at least 75%of the Household's Gross Household Income in Eagle County; or c. A member of the Household has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per week; or 1 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fro HOUSING Eagle County Good Deeds Program EAOGUNLE TY Resident Occupied Deed Restriction C d. Meets other employment classifications (i.e. retirees, telecommuters) in accordance with the Eagle County Affordable Housing Guidelines, as may be amended from time to time. e. A member is a person with a disability who has been granted a reasonable accommodation to the requirement that at least one member of the Household work on a permanent basis at least 30 hours per week. f. Is a Qualified Employer who will rent to an Eligible Household. ii. Limits on owning other real estate: 1. No member of an Eligible Household, including, but not limited to, natural persons and children under 18 years of age, may own other real estate anywhere as of the date of purchase of the Subject Property or during the period of ownership of the Subject Property. Notwithstanding the foregoing, a Qualified Employer may own other real estate as of the date of purchase of the Subject Property; however, the lessee of a Qualified Employer may not own other real estate as of the date the lessee enters into a lease for the Subject Property. 2. A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from this requirement, which may be granted at the sole discretion of ECHDA or its assign. 3. Real estate that is owned by a prospective Eligible Household may not be deeded to a corporation or other person or entity except at fair market value nor may real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this Section 1.A.ii. iii. Title. Except for a Qualified Employer or where a variance is sought from and approved by the ECHDA, title to the Subject Property shall be held in the name of the natural person(s)who are members of the Household which qualifies under criteria 1.A i. and ii. above. For example, title may be held jointly by two natural persons who are members of an Eligible Household. 1. Notwithstanding the foregoing, an Eligible Household may seek a variance from the ECHDA to allow title of the Subject Property to be held in trust for the benefit of a natural person who also qualifies as an Eligible Household. Approval of such variance is at the sole discretion of the ECHDA, or its assigns. 2. To be eligible for a variance, the following conditions must be met: (i) the beneficiary of the trust may not own other real property; and (ii) the beneficiary of the trust must be of the age of majority to qualify for this variance. 3. To request a variance, the applicant shall submit a written request to ECHDA, or its assigns, establishing that the beneficiary of the trust meets the conditions set forth in subsection 1.A.iii.2. herein. Upon receipt and review of a request for a variance and any requested information and documentation, ECHDA, or its assigns, may grant the request with or without conditions. B. "Qualified Employer" means an individual or entity that regularly conducts business in Eagle County. Individuals or entities that regularly conduct business in Garfield and Pitkin 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /01 , HOUSING Eagle County Good Deeds Program EAOGLE TY Resident Occupied Deed Restriction COUNTY Counties may be considered Qualified Employers for purposes of qualifying employees who apply to purchase or rent affordable housing in Eagle County in the Roaring Fork Valley. Qualified Employers may hold title to the Subject Property and lease to employees who are members of Eligible Households. Qualified Employers may not impose additional restrictions on the Subject Property without written consent of the ECHDA. C. "Gross Household Income" means the total amount of income a Household earns in one year from all sources before taxes. D. "Household" means all individuals who will occupy the Subject Property regardless of legal status or relation to the Owner or lessee. E. "Owner" means the owner of record of the Subject Property according to the Clerk and Recorder of Eagle County, it being understood that that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her, or their ownership interest in the Subject Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. F. "Primary Residence" means the residence in which an Owner lives for at least 9 out of any 12 months. Determination of Eagle County residency status shall be based on criteria including but not limited to 1) copy of deed or property tax statement, or 2) utility statements from service providers, or 3) other documentation that ECHDA, or its assign, deems necessary to make a determination, such as voter registration information, place of automobile registration, driver's license address and income tax returns. G. "Resident Occupied For Sale Housing" means housing with a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence, as those terms are defined above. H. "Short Term Rental" means a non-Owner providing compensation to lodge in the Subject Property for periods of less than thirty(30) days. Owner shall not advertise any part of the Subject Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. 2. Use and Occupancy Restrictions: A. The use and occupancy of the Subject Property is restricted as follows: (i) the Subject Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Subject Property to an Eligible Household; (ii) the Owner or the lessee of the Qualified Employer shall own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and (iii) the Owner or the lessee of the Qualified Employer uses the Subject Property as its Primary Residence. B. The Subject Property may not be sold or otherwise transferred to or occupied by any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 3 below. It is understood and agreed by the parties that notwithstanding the foregoing, title to the Subject Property may be held from time to time by the ECHDA in the event of a foreclosure or as permitted by this Agreement or the Eagle County Affordable Housing Guidelines. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Subject Property may be held from time to time by certain districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 1 above. C. An Owner of the Subject Property is subject to annual recertification confirming and verifying the Owner's continued eligibility as an Eligible Household and its compliance with this Agreement.To confirm such eligibility, the Owner of the Subject Property shall submit 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /011� HOUSING Eagle County Good Deeds Program EAGLEOUNTY Resident Occupied Deed Restriction the following information to ECHDA: (i) a verification that the Owner or the lessee of a Qualified Employer continues to meet the requirements of an Eligible Household who uses the Subject Property as its Primary Residence; and (ii) a statement that the Owner or lessee of a Qualified Employer owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and other documentation that be required by the Eagle County Affordable Housing Guidelines, as may be amended from time to time. D. Neither an Owner or the lessee of a Qualified Employer may engage in any business activity on or in such Subject Property, other than as permitted within the zone district applicable to the Subject Property. E. The Short Term Rental of all or any portion of the Subject Property is prohibited. F. An Owner of the Subject Property may not permit any use or occupancy of the Subject Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not, except with prior written approval of ECHDA and subject to the most current Eagle County Affordable Housing Guidelines and Eagle County Affordable Housing Guidelines: Administrative Procedures, rent all of the Subject Property for any period of time. H. Any subsequent Owner of the Subject Property must execute an Acknowledgement of this Deed Restriction Agreement for Resident Occupied For Sale Housing, in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. I. An Owner must sell or otherwise transfer such Subject Property only in accordance with this Agreement and the most current Eagle County Affordable Housing Guidelines and Eagle County Affordable Housing Guidelines: Administrative Procedures. 3. Resale Restrictions: The Subject Property may not be sold or otherwise transferred to any person other than an Eligible Household in accordance with the procedures for prior verification contained in this Section. A. Owner shall deliver to the ECHDA a written notice of intent to sell the Subject Property which notice shall include the name(s) of the buyer(s) and all information required to determine whether the buyer(s) meets the definition of an Eligible Household. B. Buyer(s) shall submit an administrative fee to the ECHDA to pay for the cost of reviewing and rendering a determination as to whether a prospective buyer(s) meets the definition of an Eligible Household. The administrative fee may be increased by the ECHDA Board of Commissioners over time by an amount equal to annual increases in the Consumer Price Index for All Urban Consumers for the Denver-Aurora-Lakewood, Colo. metropolitan area as defined by the United States Bureau of Labor Statistics (or such other Consumer Price Index as may be adopted by the United States Bureau of Labor Statistics for Colorado) to cover the ECHDA's costs associated with processing the application. C. Once the ECHDA has received complete information concerning the prospective buyers(s)and has received the administrative fee,the ECHDA shall review the information and make a written determination as to whether the buyer(s) meets the definition of an Eligible Household within thirty (30) days of receipt of such information. D. The ECHDA may require the buyer to reimburse the ECHDA for any additional costs that are incurred in the review and determination of whether a buyer(s) meets the definition of an Eligible Household, including but not limited to legal costs, title review costs, and investigation costs if reasonably required by the ECHDA to complete its investigation. E. The Owner may sell and convey the Subject Property to the buyer(s)that is determined in writing by the ECHDA to be an Eligible Household. 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0%\ HOUSING Eagle County Good Deeds Program EAOUNGLE TY Resident Occupied Deed Restriction C F. Upon sale and conveyance of the Subject Property by Owner to a buyer, the buyer shall be subject to the same occupancy and use requirements set forth in this Agreement. 4. Default by Owner: If the ECHDA has reasonable cause to believe that the occupancy or use of the Subject Property is in violation of any provision of this Agreement, ECHDA or its assigns may inspect the Subject Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four(24)hours written notice. Notice to the occupants may be given by posting notice on the door to the Subject Property. This Agreement shall constitute permission to enter the Subject Property during such times upon such notice without further consent. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: A. Transfer or conveyance of the Subject Property to a person or entity that is not an Eligible Household. B. Acceptance of the Subject Property by a person or entity that is not an Eligible Household. C. Transfer or conveyance of the Subject Property to a person who is an Eligible Household prior to obtaining certification from the ECHDA that such person is an Eligible Household. D. Any ownership, use or occupancy of the Subject Property in violation of Section 2 above. E. Failure to submit an annual certification of occupancy and use as described in Section 2.0 above. F. Failure to make payments and comply with the terms of any deed of trust placed on the Subject Property. Owner must notify the ECHDA, in writing, of any notification received from a lender or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein,within five (5)calendar days of Owner's notification from lender, or its assigns, of said default or past due amounts. G. Any action by the Owner to encumber the Subject Property in a manner that conflicts with the terms of this Agreement or renders compliance with the terms of this Agreement impossible or impractical. H. Permitting the use of the Subject Property as a Short Term Rental. 5. Notice and Cure: A. In the event of a violation of this Agreement, the ECHDA or its assigns shall send a written notice of default to the Owner detailing the nature of the default and providing sixty (60) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Agreement, a default for lease or use of the Subject Property as a Short Term Rental shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10)days of such notice, in which event the ECHDA shall administratively review the finding. If the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the ECHDA Board of Commissioners ("Board"). A decision of the ECHDA Board may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or ECHDA Board appeal is timely requested in writing and the violation is not cured within sixty(60)days of mailing the notice of default, • the Owner shall be deemed to be in violation of this Agreement. If an administrative or ECHDA Board appeal is requested, the decision of the ECHDA Board (or administrative decision if such decision is not timely appealed to the ECHDA Board)shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty (60) days of such final determination, the Owner shall be deemed to be violation of 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program EAOGLEUNTY Resident Occupied Deed Restriction C this Agreement. If a decision of the ECHDA Board is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty (60) days of such final determination, the Owner shall be deemed to be violation of this Agreement. In the event of any lease to a person or use of the Subject Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the ECHDA as a material requirement of curing the notice of default. B. Upon receipt of notice as provided in Section 4.F above, the ECHDA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to the ECHDA for past due payments made by the ECHDA together with interest thereon at the rate specified in the promissory note secured by the deed of trust, plus one percent (1%) in addition to the interest rate identified in the promissory note and all actual expenses of the ECHDA incurred in curing the default. The Owner shall be required by the ECHDA to execute a promissory note on commercially reasonable terms acceptable to ECHDA and secured by a deed of trust encumbering the Subject Property in favor of the ECHDA for the amounts expended by the ECHDA as specified herein, including future advances made for such purposes. The ECHDA shall be entitled to all rights and remedies under the deed of trust including rights of foreclosure. The Owner may cure the default and satisfy the obligations to ECHDA under this subsection at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the ECHDA. Otherwise, Owner's indebtedness to ECHDA shall be satisfied from the Owner's proceeds at closing. 6. Remedies and Enforcement: In the event of violation, non-performance, default or breach of any term of this Agreement by the Owner, ECHDA, or its assigns, shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the ECHDA shall bear interest at the rate of one percent (WO per month (12% per annum, compounded annually) until paid in full.The ECHDA shall be entitled to recover any costs related to enforcement of this Agreement, including but not limited to attorney's fees, court filing costs and county recording costs. In the event of a transfer or conveyance of the Subject Property which violates the terms of this Agreement and constitutes a violation of this Agreement, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Agreement. The remedies provided herein are cumulative and not exclusive, of all other remedies provided by law. 7. Liquidated Damages. The parties acknowledge and agree that in the event of a violation of this Agreement by the Owner, the determination of actual monetary damages would be difficult to ascertain. Therefore, the ECHDA and Owner hereby agree that liquidated damages shall be calculated and applied in the amount of THREE HUNDRED DOLLARS ($300.00)per day for each day that the Owner is in violation of this Agreement after having failed to timely cure the violation of this Agreement. Liquidated damages shall be in addition to the ECHDA's ability to recover costs as stated in Section 5 above. Liquidated damages shall be in addition to the ECHDA's right to seek equitable remedies of injunction and/or specific performance. In the event of any lease or use of the Subject Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the ECHDA as liquidated damages as demanded by the ECHDA (in lieu of the $300 daily liquidated damages), including such amounts collected or received by Owner prior to receipt of a Notice of Default and prior expiration of a sixty (60) day period to cure, and such amounts shall be in addition to the right of the ECHDA's to recover costs and seek equitable remedies. 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /AN\ HOUSING Eagle County Good Deeds Program II, EAGLE Resident Occupied Deed Restriction COUNTY 8. Foreclosure: A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Subject Property, and subject to the issuance of a public trustee's deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the holder,the ECHDA or its assigns shall have the option to buy the Subject Property as provided in the Option to Purchase, attached hereto as Exhibit B and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Subject Property, only Eligible Households may acquire an interest in the Subject Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Subject Property, if the holder of such deed of trust is the grantee under the public trustee's deed or deed in lieu of foreclosure and ECHDA does not exercise its Option to Purchase as provided in Section 8, then the ECHDA agrees to release the Subject Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the ECHDA to release and waive its ability to enforce this Agreement in the event of a foreclosure of a lien secured in second or subsequent position. E. If ECHDA or its assigns exercises the Option to Buy described above, and acquires title to the Subject Property, the ECHDA or its assigns may sell the Subject Property to an Eligible Household or rent the Subject Property to qualified tenants who meet the income, occupancy and all other qualifications, established by the Eagle County Affordable Housing Guidelines, as amended from time to time, until such time that the Subject Property can be sold to an Eligible Household. F. All obligations recorded of record against the Subject Property and subsequent to this Agreement shall be subordinate to terms hereof. 9. Agreement Runs with the Land: Owner and any subsequent Owner of the Subject Property, and all other parties with an interest in title to the Subject Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Subject Property, that this Agreement shall constitute an irrevocable covenant running with title to the Subject Property as a burden thereon for the benefit of the ECHDA, or its assign, and shall be binding on the Owner of the Subject Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Subject Property. 10. Notices: Any notice, consent, or approval that is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the parties indicated below as long as prior written notice of the change of address has been given to the all parties as indicated. Said notices, consents and approvals shall be sent to the following addresses unless otherwise notified in writing: To Owner: «INSERT OWNER ADDRESS» With copy to: 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program ‘f541L EAGLE TY Resident Occupied Deed Restriction COUN To Eagle County: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 With copy to: Eagle County Attorney Post Office Box 850 Eagle, CO 81631 11. Disputes: If any action is brought in a court of law by either party to this Agreement concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, incurred in the prosecution or defense of such action. The exclusive forum for any dispute arising from or relating to this Agreement shall be the Eagle County District Court. 12. Severability: Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Agreement or such documents. 13. Choice of Law: This Agreement and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. 14. Successors: Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the respective heirs, successors and assigns of any Owner of the Subject Property, and the ECHDA. 15. Section Headings: Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 16.Waiver: No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against the Owner and the ECHDA except on the basis of a written instrument executed by both the Owner and the ECHDA. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 17. Gender and Number: Whenever the context so required herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 18. Personal Liability: By taking title to the Subject Property, an Owner agrees that he or she shall be personally liable for compliance with the applicable terms and conditions of this Agreement. 19. Further Actions: Any Owner of the Subject Property and the ECHDA agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 20. Modifications: Any Owner of the Subject Property, and the ECHDA agree that any modifications of this Agreement shall be effective only when made by writings signed by the parties and recorded with the Clerk and Recorder of Eagle County, Colorado. The ECHDA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair an Owner's rights or any lender's rights under this Agreement. 21. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Agreement or any of its Exhibits shall be unlawful or void for violation of: (a)the rule against perpetuities or some similar statutory provision, (b)the 8 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program Ag, EAGLETY Resident Occupied Deed Restriction COUNTY rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Eagle County Commissioners, and the then-current Eagle County employees, their now living descendants, if any, and the survivor of them, plus twenty- one (21) years. 22.Assignment: The ECHDA may in its sole discretion assign the benefits and delegate the responsibilities hereunder to a nonprofit private entity or public agency or authority organized or operated in whole or in part to provide housing programs in Eagle County. 23. Entire Agreement:This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter of this Agreement, and supersedes any prior agreement or understanding relating thereto. 24. Recording: This Agreement shall be recorded in the real property records of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above first written. [remainder of page intentionally left blank] 9 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 All\ HOUSING Eagle County Good Deeds Program 4111, EAGLE Resident Occupied Deed Restriction COUNTY OWNER: By: Name: By: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public 10 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0111\ HOUSING Eagle County Good Deeds Program -‘frEAGLE Resident Occupied Deed Restriction COUNTY ACCEPTANCE BY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY The foregoing Deed Restriction Agreement for Resident Occupied For Sale Housing and its terms are hereby adopted and declared by the Eagle County Housing and Development Authority. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY Signature Printed Name Title Date 11 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fill10\, HOUSING Eagle County Good Deeds Program A EAGLE Resident Occupied Deed Restriction COUNTY EXHIBIT A Legal Description of the Subject Property <<insert legal description>> • 12 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0%\ HOUSING Eagle County Good Deeds Program EAOGLEUNTY Resident Occupied Deed Restriction C EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder(including assigns of the holder) of the promissory note secured by a first deed of trust("Holder")on the on the real property commonly known as , and legally described as: (the "Subject Property"), and subject to the issuance of a public trustee's deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the ECHDA or its assigns shall have the option to purchase the Subject Property, which shall be exercised in the following manner: 1. Notice: The Owner and the Holder shall give such notice to the ECHDA as is required by law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 2. Option to Purchase: The ECHDA or its assigns shall have 30 days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, ECHDA may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, ECHDA may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the ECHDA or its assignee a special warranty deed, conveying the Subject Property to the ECHDA or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Subject Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the ECHDA or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the ECHDA or its assigns shall have thirty (30) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the ECHDA or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the ECHDA's Option to Purchase and the Deed Restriction Agreement for Resident Occupied For Sale Housing recorded at Reception 13 Docusign Envelope 10:597CA996-D4BF-489E-846F-014AECBFC350 j� HOUSING Eagle County Good Deeds Program EAOUNGLE TY Resident Occupied Deed Restriction C Number in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Subject Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the ECHDA that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the ECHDA or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure and nothing contained herein shall require ECHDA to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Perpetuities Savings Clause:lf any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Option to Purchase shall be unlawful or void for violation of (I) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or(3)any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Board of County Commissioners of Eagle County, Eagle, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. 6. Successors and Assigns: Except as otherwise provided herein, the provisions and covenants contained herein shall insure to and be binding upon the heirs, successors and assigns of the parties hereto. 7. Modifications:The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the day of , 20_ [remainder of page intentionally left blank] 14 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program iilif>qk EAGLE Resident Occupied Deed Restriction COUNTY OWNER Signature Printed Name Title Date STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public 15 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 AllHOUSING Eagle County Good Deeds Program AlEAGLE Resident Occupied Deed Restriction COUNTY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY Signature Printed Name Title Date 16 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program 411, EAGLE Resident Occupied Deed Restriction COUNTY EXHIBIT C ACKNOWLEDGEMENT OF THE DEED RESTRICTION AGREEMENT FOR RESIDENT OCCUPIED FOR SALE HOUSING WHEREAS, [Buyer Name] • (the "Buyer") is purchasing from [Seller Name] (the "Seller") at a price of $[purchase price amount ] , the real property and improvements located in [Address&Neighborhood] more particularly described as: [Legal Description] , according to the plat recorded under Reception No. , in the real property records of Eagle County of Eagle, Colorado (the "Subject Property"); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled "DEED RESTRICTION AGREEMENT FOR RESIDENT OCCUPIED FOR SALE HOUSING", recorded on , 20_, under Reception No. in the real property records of Eagle County, Colorado (the "Deed Restriction"). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as a prerequisite to the closing of the transaction for the Subject Property, and as an inducement to the Seller to sell the Subject Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Acknowledges that the Deed Restriction runs with the Subject Property. 3. Acknowledges that the ECHDA retains an option to purchase the Subject Property to avoid the commencement or continuation of any foreclosure against the Subject Property, to the extent provided for in the Deed Restriction 4. Acknowledges that the Deed Restriction requires a subsequent sale or conveyance of the Subject Property to an Eligible Household as that term is defined in the Deed Restriction. 5. Acknowledges that no sales/purchases are exempt from the requirement that the Subject Property be occupied by an Eligible Household in accordance with the Deed Restriction. All future buyers shall complete an application for approval of Eligible Household status with the Eagle County Housing and Development Authority or its designee. Buyer and any future buyers agree that (i) Buyer qualifies as an Eligible Household; (ii) Buyer shall use the Subject Property as its Primary Residence; and (iii) Buyer is in compliance with the terms and conditions of the Deed Restriction. 6. Requests that notice to Buyer, pursuant to the Deed Restriction, should be sent to: 17 N Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0"\ HOUSING Eagle County Good Deeds Program Afif>4Ik EAGLE Resident Occupied Deed Restriction COUNTY 7. Directs that this Acknowledgement of Deed Restriction Agreement for Occupancy and Resale of Price Capped for Sale Housing be placed of record in the real estate records of Eagle County of . Eagle, Colorado and a copy provided to ECHDA. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day of , 20 . BUYER Signature Printed Name Title Date STATE OF ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of by . Witness my hand and official seal. My commission expires: Notary Public 18 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /Ill\ HOUSING Eagle County Good Deeds Program �� EAGLE Resident Occupied Deed Restriction COUNTY EXHIBIT A DEED RESTRICTION 19 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program IllEAGLE Resident Occupied Deed Restriction COUNTY 20 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT D Form of Price Capped Deed Restriction 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fl HOUSING If, EAGLE Eagle County Good Deeds Program COUNTY Price Capped Deed Restriction DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING This DEED RESTRICTION AGREEMENT FOR PRICE CAPPED FOR SALE HOUSING (the "Agreement") is made and entered into this day of , 20 , by (hereinafter known as"Owner")for the benefit of the parties and is enforceable by the Eagle County Housing and Development Authority (the "ECHDA"), or its assign or designee as and to the extent set forth herein. RECITALS: WHEREAS, Owner is purchasing the real property and improvements known as and more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Subject Property"); and WHEREAS, in exchange for payment as set forth in a Deed Restriction Purchase Agreement of even date herewith, and pursuant to the Eagle County Good Deeds Program, Owner has agreed to place certain restrictions on the occupancy and resale of the Subject Property for the benefit of the ECHDA by requiring occupancy of the Subject Property by an Eligible Household, as that term is defined below. Owner also agrees that this Agreement shall constitute a resale agreement setting forth the maximum sales price for which the Subject Property may be sold ("Maximum Sales Price"), the amount of appreciation and the terms and provisions controlling the resale of the Subject Property, all in accordance with the terms and conditions of the Agreement; and WHEREAS, Owner hereby adopts and enters into this Agreement voluntarily; and WHEREAS, the Subject Property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions, which constitute irrevocable covenants running with the title to the Subject Property as a burden thereon. The covenants, conditions, and restrictions on the Subject Property are for the benefit of the ECHDA or its assigns, and shall be binding on the Owner of the Subject Property, and on Owner's heirs, personal representatives, assigns, lessees, licensees, and any transferee of the Owner of the Subject Property; and NOW,THEREFORE, in consideration of the foregoing, Owner hereby represents, covenants, and agrees as follows: 1. Definitions: A. "Eligible Household" means Households that will (i) use the Subject Property as their Primary Residence, (ii)are qualified employees, and (iii)own no other real estate. Each of the criteria are further defined below: i. Employment Qualification: 1 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0"1\ HOUSING Eagle County Good Deeds Program j M EAGLE Cap ped Price Ca ed Deed Restriction 1. At least one member of the Household must meet one or more of the following criteria: a. A member earns a living primarily in Eagle County, Colorado by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County(multiple jobs in Eagle County may be combined to reach 30 hours per week); or b. All members of the Household cumulatively earn at least 75% of the Household's Gross Household Income in Eagle County; or c. A member of the Household has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per week; or d. Meets other employment classifications (i.e. retirees, telecommuters) in accordance with the Eagle County Affordable Housing Guidelines, as may be amended from time to time; or e. A member is a person with a disability who has been granted a reasonable accommodation to the requirement that at least one member of the Household work on a permanent basis at least 30 hours per week; or f. Is a Qualified Employer who will rent to an Eligible Household. ii. Limits on owning other real estate: 1. No member of an Eligible Household, including, but not limited to, natural persons and children under 18 years of age, may own other real estate either individually or in conjunction with others as of the date of purchase of the Subject Property or during the period of ownership of the Subject Property. Notwithstanding the foregoing, a Qualified Employer may own other real estate as of the date of purchase of the Subject Property; however, the lessee of a Qualified Employer may not own other real estate as of the date the lessee enters into a lease for the Subject Property. 2. A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from the requirement in subsection 1.A.ii, which may be granted at the sole discretion of ECHDA or its assigns. 3. Real estate that is owned by a prospective Eligible Household may not be deeded to another person, a corporation or other legal entity except at fair market value nor may real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection 1.A.ii. iii. Title. Except for a Qualified Employer or where a variance is sought from and approved by the ECHDA, title to the Subject Property shall be held in the name of the natural person(s) who are members of the Household which qualifies under criteria 1.A i. and ii. above. For example, title may be held jointly by two natural persons who are members of an Eligible Household. 1. Notwithstanding the foregoing, an Eligible Household may seek a variance from the ECHDA to allow title of the Subject Property to be held in trust for the benefit of a natural person who also qualifies as an Eligible Household. Approval of such variance is at the sole discretion of the ECHDA, or its assigns. 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi%\ HOUSING Eagle County Good Deeds Program ‘ff:›4L EAGLE COUNTY Price Capped Deed Restriction 2. To be eligible for a variance,the following conditions must be met: (i)the beneficiary of the trust may not own other real property; and (ii) the beneficiary of the trust must be of the age of majority to qualify for this variance. 3. To request a variance, the applicant shall submit a written request to ECHDA, or its assigns, establishing that the beneficiary of the trust meets the conditions set forth in subsection 1.A.iii.2. herein. Upon receipt and review of a request for a variance and any requested information and documentation, ECHDA, or its assigns, may grant the request with or without conditions. B. "Qualified Employer" means an individual or entity that regularly conducts business in Eagle County. Individuals or entities that regularly conduct business in Garfield and Pitkin Counties may be considered Qualified Employers for purposes of qualifying employees who apply to purchase or rent affordable housing in Eagle County in the Roaring Fork Valley. Qualified Employers may hold title to the Subject Property and lease to employees who qualify as an Eligible Household. Qualified Employers may not impose additional restrictions on the Subject Property without written consent of the ECHDA. C. "Gross Household Income" means the total amount of income a Household earns in one year from all sources before taxes. D. "Household" means all individuals who will occupy the Subject Property regardless of legal status or relation to the owner or lessee. E. "Initial Sales Price" means an amount equal to the purchase price of the Subject Property, together with any capital improvements. F. "Owner" means the owner of record of the Subject Property according to the Clerk and Recorder of Eagle County; it being understood that that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her, or their ownership interest in the Subject Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. G. "Primary Residence" means the residence in which an Owner lives for at least 9 out of any 12 months. Determination of Eagle County residency status shall be based on criteria including, but not limited, to 1) copy of deed or property tax statement, or 2) utility statements from service providers, or 3) other documentation that ECHDA, or its assigns, deems necessary to make a determination, such as voter registration information, place of automobile registration, driver's license address and income tax returns. H. "Price Capped For Sale Housing" means housing with a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Sales Price, as those terms are defined herein. I. "Short Term Rental" means a non-Owner providing compensation to lodge in the Subject Property for periods of less than thirty(30)days. Owner shall not advertise any part of the Subject Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. 2. Use and Occupancy Restrictions: A. The use and occupancy of the Subject Property is restricted as follows: (i) the Subject Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Subject Property to an employee 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi%\ HOUSING Eagle County Good Deeds Program ‘rto EAGLE COUNTY Price Capped Deed Restriction who qualifies as an Eligible Household; (ii) the Owner or the lessee of the Qualified Employer shall own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and (iii)the Owner or the lessee of the Qualified Employer uses the Subject Property as its Primary Residence. B. The Subject Property may not be sold or otherwise transferred to or occupied by any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 3 below. Notwithstanding the foregoing, title to the Subject Property may be held from time to time by the ECHDA in the event of a foreclosure or as permitted by this Agreement or the Eagle County Affordable Housing Guidelines. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Subject Property may be held from time to time by certain districts or governmental entities which qualify as a Qualified Employer, as that term is defined in Section 1 above. C. An Owner of the Subject Property is subject to annual certification confirming and verifying the Owner's continued eligibility as an Eligible Household and its compliance with this Agreement.To confirm such eligibility, the Owner of the Subject Property shall submit the following information to ECHDA: (i) a verification that the Owner or the lessee of a Qualified Employer uses the Subject Property as its Primary Residence; (ii) verification that the Owner continues to meet the definition of an Eligible Household or Qualified Employer as set forth in Section 1.A. above; and (iii) a statement that the Owner or the lessee of a Qualified Employer owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and other documentation that may be required by the Eagle County Affordable Housing Guidelines, as may be amended from time to time. D. Neither an Owner or the lessee of a Qualified Employer may engage in any business activity on or in such Subject Property, other than as permitted within the zone district applicable to the Subject Property. E. The Short Term Rental of all or any portion of the Subject Property is prohibited. F. An Owner of the Subject Property may not permit any use or occupancy of the Subject Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not, except with prior written approval of ECHDA and subject to the most current Eagle County Affordable Housing Guidelines and Eagle County Affordable Housing Guidelines: Administrative Procedures, rent the Subject Property for any period of time. H. Any subsequent Owner of the Subject Property must execute an Acknowledgement of this Deed Restriction Agreement for Price Capped For Sale Housing, in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. I. All sales of the Subject Property shall be subject to the Maximum Sales Price as calculated in Section 4 below. 3. Resale Restrictions: The Subject Property may not be sold or otherwise transferred to any person other than a member of an Eligible Household, or a Qualified Employer, and subject to the calculation of the Maximum Sales Price in accordance with Section 4. A. In the event that an Owner desires to sell the Subject Property, the sale or transfer of the Subject Property shall be administered exclusively by The Valley Home Store, as designee of the ECHDA, in accordance with the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines: Administrative Procedures. 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program EAGLE Capped Price Ca ed Deed Restriction B. Upon sale or transfer and conveyance of the Subject Property by Owner to any subsequent Owner,the subsequent Owner shall be subject to the same occupancy and use requirements set forth in this Agreement. 4. Maximum Sales Price: In no event shall the Subject Property be sold for an amount ("Maximum Sales Price") in excess of the Initial Sales Price plus the percentage increase (simple interest calculation) per year of the average wage for Eagle County as determined by the Colorado Department of Labor and Employment. The Maximum Sales Price shall be calculated as follows: A. If the percentage increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment is greater than three (3)% in a given year, the percentage increase which an Owner may claim for purposes of determining Maximum Sales Price shall be three (3)% for that year. i. In the event that an Owner owns a Subject Property for only a portion of any year, the percentage increase shall be prorated quarterly, from purchase date, and the Owner shall be given credit through the quarter in which the sale is initiated. ii. If there is no increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment, the percentage increase which an Owner may claim for purposes of determining Maximum Sales Price shall be zero (0) % for that year. iii. The parties agree that there may be a delay in the publication of statistics from the Colorado Department of Labor and Employment. Therefore, the calculation of Maximum Sales Price shall be based upon the most current available data. If data for the year of sale is not available then the Owner shall rely on the most current full year's data that is available for purposes of calculating the Maximum Sales Price. iv. In the event that the Colorado Department of Labor and Employment no longer publishes the average wage for Eagle County, the ECHDA Board or its designee shall identify a similar indicator from a reliable source and shall provide notice to all Owners of the change. B. Permitted Capital Improvements shall not increase the Owner's Initial Sales Price. For the purpose of determining the Maximum Sales Price, the Owner may add the following amounts: i. The cost of permitted capital improvements as set forth in the most current Eagle County Affordable Housing Guidelines and Eagle County Affordable Housing Guidelines: Administrative Procedures. ii. The cost of any permanent improvements constructed or installed as a result of any requirement imposed by any government agency or special assessment by a homeowner's association for such permanent improvements, provided that written certification is provided to the ECHDA. C. Real estate sales fees as identified in the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines: Administrative Procedures shall be included in the Maximum Sales Price. D. The Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. E. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY ECHDA THAT ON RESALE THE OWNER 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0"10\ HOUSING Eagle County Good Deeds Program 1110 EAGLE Capped Price Ca ed Deed Restriction SHALL OBTAIN A PARTICULAR PRICE INCLUDING BUT NOT LIMITED TO THE MAXIMUM SALES PRICE. 5. Default by Owner: If the ECHDA has reasonable cause to believe that the occupancy or use of the Subject Property is in violation of any provision of this Agreement, ECHDA or its assigns may inspect the Subject Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing the Owner and occupants with at least twenty four(24) hours written notice. Notice to the occupants may be given by posting notice on the door to the Subject Property. This Agreement shall constitute permission to enter the Subject Property during such times upon such notice without further consent. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: A. Transfer or conveyance of the Subject Property to a person or entity that is not a member of an Eligible Household or a Qualified Employer. B. Failure to follow resale procedures as outlined in Section 3.A. above. C. Acceptance of the Subject Property by a person or entity that is not a member of an Eligible Household or Qualified Employer. D. Any ownership, use or occupancy of the Subject Property in violation of Section 2 above. E. Failure to submit an annual certification of occupancy and use as described in Section 2.0 above. F. Failure to make payments and comply with the terms of any deed of trust placed on the Subject Property. Owner must notify the ECHDA, in writing, of any notification received from a lender or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, within five (5) calendar days of Owner's notification from lender, or its assigns, of said default or past due amounts. G. Any action by the Owner to encumber the Subject Property in a manner that conflicts with the terms of this Agreement or renders compliance with the terms of this Agreement impossible or impractical. H. Permitting the use of the Subject Property as a Short Term Rental. 6. Notice and Cure: A. In the event of a violation of this Agreement, the ECHDA or its assigns shall send a written notice of default to the Owner detailing the nature of the default and providing sixty(60)days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Agreement, a default for lease or use of the Subject Property as a Short Term Rental shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10) days of such notice, in which event the ECHDA shall administratively review the finding. If the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative decision a hearing before the ECHDA Board of Commissioners ("ECHDA Board"). A decision of the ECHDA Board may only be judicially appealed in the District Court of Eagle County pursuant to C.R.C.P. 106. If no administrative or ECHDA Board appeal is timely requested in writing and the violation is not cured within sixty (60) days of mailing the notice of default, the Owner shall be deemed to be in violation of this Agreement. If an administrative or ECHDA Board appeal is requested, the decision of the ECHDA Board (or administrative decision if such decision is not timely appealed to the ECHDA Board) shall be final for the purpose of determining if a 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /011110\ HOUSING Eagle County Good Deeds Program olitok EAGLE COUNTY Price Capped Deed Restriction violation has occurred and, if such violation is not cured within sixty (60) days of such final determination, the Owner shall be deemed to be in violation of this Agreement. If a decision of the ECHDA Board is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty(60)days of such final determination, the Owner shall be deemed to be in violation of this Agreement. In the event of any lease to a person or use of the Subject Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the ECHDA as a material requirement of curing the notice of default. B. Upon receipt of notice as provided in Section 5.F. above, the ECHDA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to the ECHDA for past due payments made by the ECHDA together with interest thereon at the rate specified in the promissory note secured by the deed of trust, plus one percent (1%) in addition to the interest rate identified in the promissory note and all actual expenses of the ECHDA incurred in curing the default. In such event, the Owner agrees to execute a promissory note on commercially reasonable terms acceptable to ECHDA together with interest thereon at the rate specified in the promissory note, plus one percent(1%)and all actual expenses of the ECHDA incurred in curing the default. Such note shall be secured by a deed of trust encumbering the Subject Property in favor of the ECHDA for the amounts expended by the ECHDA as specified herein, including future advances made for such purposes. The ECHDA shall be entitled to all rights and remedies under the deed of trust including rights of foreclosure. The Owner may cure the default and satisfy the obligations to ECHDA under this subsection at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the ECHDA. Otherwise, Owner's indebtedness to ECHDA shall be satisfied from the Owner's proceeds at closing. 7. Remedies and Enforcement: In the event of violation, non-performance, default or breach of any term of this Agreement by the Owner, ECHDA, or its assigns, shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the ECHDA shall bear interest at the rate of one percent(1%)per month (12% per annum, compounded annually) until paid in full. The ECHDA shall be entitled to recover any costs related to enforcement of this Agreement, including but not limited to attorney's fees, court filing costs and county recording costs. In the event of a transfer or conveyance of the Subject Property which violates the terms of this Agreement and constitutes a violation of this Agreement, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Agreement. Penalties which the ECHDA may assess against the Owner include, but shall not be limited to, eliminating resale gain, requiring safe of the Subject Property, assessing penalties and seeking remedies set forth in the Eagle County Land Use Regulations or the most current Eagle County Affordable Housing Guidelines. In the event of a breach of any of the terms or conditions contained herein by the Owner, his or her heirs, successors or assigns, the Maximum Sales Price of the Subject Property as set forth in Paragraph 4 of this Agreement shall, upon the date of such breach as determined by the ECHDA cease to increase, and shall remain fixed until the date of cure of said breach. The remedies provided herein are cumulative and not exclusive, of all other remedies provided by law. 8. Foreclosure: A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust on the Subject Property, and subject to the issuance of a public trustee's deed to the holder following 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /01%\ HOUSING Eagle County Good Deeds Program 4MV EAGLE COUNTY Price Capped Deed Restriction expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the holder, the ECHDA or its assigns shall have the option to purchase the Subject Property as provided in the Option to Purchase, attached hereto as Exhibit B and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Subject Property,only Eligible Households or Qualified Employers may acquire an interest in the Subject Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder(including assigns of the holder)of the promissory note secured by a first deed of trust on the Subject Property, if the holder of such deed of trust is the grantee under the public trustee's deed or deed in lieu of foreclosure and ECHDA does not exercise its Option to Purchase as provided in Section 8.A., then ECHDA agrees to release the Subject Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the ECHDA to release and waive its ability to enforce this Agreement in the event of a foreclosure of a lien secured in second or subsequent position. E. If ECHDA or its assigns exercises the Option to Purchase described in Section 8.A above, and acquires title to the Subject Property, the ECHDA or its assigns may sell the Subject Property to an Eligible Household or rent the Subject Property to qualified tenants who meet the income, occupancy and all other qualifications, established by the Eagle County Affordable Housing Guidelines, as amended from time to time, until such time that the Subject Property can be sold to an Eligible Household. F. All obligations recorded of record against the Subject Property and subsequent to this Agreement shall be subordinate to terms hereof. 9. Agreement Runs with the Land: Owner and any subsequent Owner of the Subject Property, and all other parties with an interest in title to the Subject Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Subject Property, that this Agreement shall constitute an irrevocable covenant running with title to the Subject Property as a burden thereon for the benefit of the ECHDA, or its assigns, and shall be binding on the Owner of the Subject Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Subject Property. 10. Notices: Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Owner: <<INSERT OWNER ADDRESS>> With copy to: To Eagle County: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 With copy to: Eagle County Attorney 8 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0.1S\ HOUSING Eagle County Good Deeds Program (01.0 EAGLE COUNTY Price Capped Deed Restriction Post Office Box 850 Eagle, CO 81631 11. Disputes: If any action is brought in a court of law by either party to this Agreement concerning the enforcement, interpretation or construction of this Agreement, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, incurred in the prosecution or defense of such action. The exclusive forum for any dispute arising from or relating to this Agreement shall be the Eagle County District Court. 12. Severability: Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such documents. 13. Choice of Law: This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 14. Successors: Except as otherwise provided herein,the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of any Owner of the Subject Property, and the ECHDA. 15. Section Headings: Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 16.Waiver: No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 17. Gender and Number: Whenever the context so required herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 18. Personal Liability: By taking title to a Subject Property, an Owner agrees that the Owner shall be personally liable for compliance with the applicable terms and conditions of this Agreement. 19. Further Actions: Any Owner of the Subject Property and the ECHDA agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 20. Modifications: Any Owner of the Subject Property, and the ECHDA agree that any modifications of this Agreement shall be effective only when made by an instrument in writing and executed by the parties and recorded with the Clerk and Recorder of Eagle County, Colorado. The ECHDA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair an Owner's rights or any lender's rights under this Agreement. 21. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Agreement or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Eagle County Commissioners, and the then-current Eagle County employees, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. 9 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /t,\ HOUSING Eagle County Good Deeds Program 41110 EAGLE COUNTY Price Capped Deed Restriction 22.Assignment: The ECHDA may in its sole discretion assign the benefits and delegate the responsibilities hereunder to a nonprofit private entity or public agency or authority organized or operated in whole or in part to provide housing programs in Eagle County. 23. Entire Agreement: This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter of this Agreement, and supersedes any prior agreement or understanding relating thereto. 24. Recording: This Agreement shall be recorded in the real property records of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. [remainder of page intentionally left blank] OWNER: By: 10 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 A'S\ HOUSING Eagle County Good Deeds Program 41111, EAGLE Capped Price Ca ed Deed Restriction Name: Title: By: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public 11 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /010\ HOUSING Eagle County Good Deeds Program ^Ilk EAGLE COUNTY Price Capped Deed Restriction ACCEPTANCE BY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY The foregoing Deed Restriction Agreement For Occupancy And Resale Of Price Capped For Sale Housing and its terms are hereby adopted and declared by the Eagle County Housing and Development Authority. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY Signature Printed Name Title Date 12 •••. Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 ANHOUSING Eagle County Good Deeds Program Ill EAGLE Cap ped Price Ca ed Deed Restriction EXHIBIT A Legal Description of Subject Property «INSERT LEGAL DESCRIPTION» 13 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /01° 1\ HOUSING Eagle County Good Deeds Program 4111, EAGLE COUNTY Price Capped Deed Restriction EXHIBIT B OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder) of the promissory note secured by a first deed of trust ("Holder") on the on the real property commonly known as , and legally described as: (the "Subject Property"), and subject to the issuance of a public trustee's deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the ECHDA or its assigns shall have the option to purchase the Subject Property, which shall be exercised in the following manner: 1. Notice: The Owner and the Holder shall give such notice to the ECHDA as is required by law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 2. Option to Purchase:The ECHDA or its assigns shall have 30 days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, ECHDA may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, ECHDA may • exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s)and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the ECHDA or its assignee a special warranty deed, conveying the Subject Property to the ECHDA or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Subject Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the ECHDA or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder; the ECHDA or its assigns shall have thirty(30)days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. In the event that the ECHDA or its assigns does not notify the Holder in writing of its intent to 14 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 AtI\ HOUSING Eagle County Good Deeds Program Aittl EAGLE COUNTY Price Capped Deed Restriction exercise the Option to Purchase as set forth herein, the ECHDA's Option to Purchase and the Deed Restriction Agreement For Occupancy And Resale Of Price Capped For Sale Housing recorded at Reception Number in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Subject Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the ECHDA that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the ECHDA or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure and nothing contained herein shall require ECHDA to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Option to Purchase shall be unlawful or void for violation of (I) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or(3)any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Board of County Commissioners of Eagle County, Eagle, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. 6. Successors and Assigns: Except as otherwise provided herein,the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto. 7. Modifications:The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the day of , 20 . [remainder of page intentionally left blank] 15 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 • All\ HOUSING Eagle County Good Deeds Program (IV EAGLE Cap ped Price Ca ed Deed Restriction OWNER: By: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public 16 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County Good Deeds Program �� EAGLE COUNTY Price Capped Deed Restriction EXHIBIT C ACKNOWLEDGEMENT OF THE DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING WHEREAS, [Buyer Name] (the"Buyer") is purchasing from [Seller Name] (the "Seller") at a price of $[purchase price amount] , the real property and improvements located in [Address & Neighborhood] more particularly described as: [Legal Description] , according to the plat recorded under Reception No. , in the real property records of Eagle County of Eagle, Colorado (the "Subject Property"); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled "DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING", recorded on , 20_, under Reception No. , in the real property records of Eagle County, Colorado (the "Deed Restriction"). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as a prerequisite to the closing of the transaction for the Subject Property, and as an inducement to the Seller to sell the Subject Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Acknowledges that the Deed Restriction runs with the Subject Property. 3. Acknowledges that the ECHDA retains an option to purchase the Subject Property to avoid the commencement or continuation of any foreclosure against the Subject Property, to the extent provided for in the Deed Restriction 4. Acknowledges that the Deed Restriction requires a subsequent sale or conveyance of the Subject Property to an Eligible Household or Qualified Employer at no greater than the Maximum Sales Price (as that term is defined in Section 4 of the Deed Restriction) exclusively on the sale or conveyance of the Subject Property. 5. Acknowledges that no sales/purchases are exempt from the requirement that the Subject Property be occupied by an Eligible Household in accordance with the Deed Restriction. 6. Acknowledges and agrees that all future buyers and/or lessees of Qualified Employers shall submit a complete application to the Eagle County Housing and Development Authority or its assigns for approval of their eligibility as an Eligible Household. 7. Acknowledges and agrees that: 17 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /01"1\ HOUSING Eagle County Good Deeds Program 161 EAGLE Cap ped Price Ca ed Deed Restriction a. The Owner or lessee of a Qualified Employer shall qualify as an Eligible Household; b. The Owner or lessee of a Qualified Employer shall use the Subject Property as its Primary Residence; c. No member of an Eligible Household, including, but not limited to, natural persons and children under 18 years of age, may own any real estate other than the Subject Property either individually or in conjunction with others as of the date of purchase or during the period of ownership of the Subject Property; and d. The Owner is in compliance with the terms and conditions of this Deed Restriction. 8. Requests that notice to Buyer, pursuant to the Deed Restriction, should be sent to: Buyer 9. Directs that this Acknowledgement of Deed Restriction Agreement for Occupancy and Resale of Price Capped for Sale Housing be placed of record in the real estate records of Eagle County, Colorado and a copy provided to ECHDA. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day of , 20 . • [remainder of page intentionally left blank] 18 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 All\ HOUSING Eagle County Good Deeds Program Aitoik EAGLE COUNTY Price Capped Deed Restriction BUYER: Signature Printed Name Title Date STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public 19 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 A1110\ HOUSING Eagle County Good Deeds Program 11, EAGLE COUNTY Price Capped Deed Restriction EXHIBIT A DEED RESTRICTION 20 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT E Form of Deed Restriction Purchase Agreement for the Good Deeds Community Partner Program 8 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /lqk HOUSING Good Deeds Community Partner Program ‘110 EAGLE Deed Restriction Purchase Agreement COUNTY DEED RESTRICTION PURCHASE AGREEMENT THIS DEED RESTRICTION PURCHASE AGREEMENT (the "Agreement") is made this day of_ , 20_(the "Effective Date"), by and between the Eagle County Housing and Development Authority ("ECHDA"), primary beneficiary, a body corporate and politic, and the , a , secondary beneficiary (hereinafter known as the "Partner"), and ("Buyer"), with an address of (each a"Party" and collectively the "Parties"). WHEREAS,Buyer has qualified as an Eligible Household, as that term is defined by the Eagle County Affordable Housing Guidelines, and is under contract to purchase the real property and improvements more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Buyer has agreed to the recording of an ECHDA Price Capped deed restriction against the Property (the "Deed Restriction"), in exchange for payment from ECHDA in an amount equal to fifteen percent (15%) of the purchase price of the Property, and payment from Partner in an amount equal to fifteen percent (15%) of the purchase price of the Property, to be credited to the purchase price of the Property at Closing in accordance with the Eagle County Good Deeds Program and applicable closing instructions. WHEREAS,the Deed Restriction requires occupancy of the Property by an Eligible Household as set forth in the Deed Restriction attached as Exhibit B hereto. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein,the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Conveyance. Buyer agrees to convey, sell, transfer and assign to the ECHDA and to Partner, and the ECHDA, on behalf of Eagle County, and Partner agree to purchase from Buyer, the Deed Restriction, on the terms and conditions of this Agreement. Buyer agrees to execute the Deed Restriction, in the form attached hereto as Exhibit B, at the closing on the purchase of the Property (the"Closing"). 2. Purchase Price. The purchase price for the Deed Restriction shall be dollars ($ ) (the "Purchase Price"), delivered to the title company for the account of the Buyer to be credited to the purchase price of the Property at Closing in funds which comply with all applicable Colorado laws, which include electronic transfer funds, certified check and cashier's check, at the ECHDA's option. 1 r Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Good Deeds Community Partner Program EAGLECOUNTY Deed Restriction Purchase Agreement The ECHDA, primary beneficiary under the Deed Restriction, will contribute dollars ($ ) toward the Purchase Price of the Deed Restriction and Partner, the secondary beneficiary under the Deed Restriction, will contribute dollars ($ ) toward the Purchase Price of the Deed Restriction. 3. Buyer Down Payment. As a condition of the ECHDA and Partner acquiring the Deed Restriction, Buyer agrees it will contribute three percent (3%) or more of its own funds towards the purchase price of the Property, which funds do not include any third party down payment assistance funding. 4. Notice and Consent. Buyer certifies that Buyer has notified every person or entity holding a lien or other encumbrance on the Property as well as every person or entity Buyer reasonably believes will hold a lien or encumbrance on the Property of the proposed purchase of the Deed Restriction by the County, and if necessary, obtained each of their consent to the recording of the Deed Restriction against the Property. Should Buyer not provide such notice or obtain such consent,and Buyer's failure to do so causes the Deed Restriction to become unenforceable for any reason, Buyer shall refund the entire Purchase Price to the ECHDA within 30 days of receipt of written notice from the ECHDA. 5. Buyer's Representations and Warranties. Buyer hereby represents and warrants that the following statements are now,and will be as of the Closing date,true and correct,to the best of Buyer's knowledge, and Buyer shall give the ECHDA prompt written notice if any of the representations or warranties made by Buyer in this Agreement are no longer true or correct in any material manner: a. There is no action, suit or proceeding pending, or to the best of Buyer's knowledge threatened,against or otherwise affecting Buyer or the Property in any court of law or equity,or before any governmental authority, in which an adverse decision might materially impair Buyer's ability to perform its obligations under this Agreement. b. There are no liens, encumbrances, or other interests in the Property, either recorded or unrecorded. c. There is no pending or threatened condemnation or similar proceeding affecting the Property. 6. Remedies. In the case of any breach of this Agreement by Buyer,ECHDA, individually and/or on behalf of Partner,may terminate this Agreement by written notice to Buyer,and the ECHDA and/or Partner shall have all remedies available at law or equity for such breach. In addition to all other remedies, in the case of a breach of this Agreement by Buyer, the ECHDA and/or Partner shall have the right to recover the entire Purchase Price from Buyer, in addition to all costs and fees, including attorney fees, incurred by ECHDA and/or Partner. If said breach occurs prior to or at Closing, the 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 ,, HOUSING Good Deeds Community Partner Program EAGLECOUNTY Deed Restriction Purchase Agreement Parties agree that the ECHDA and/or Partner shall not be required to pay the Purchase Price for the Deed Restriction, and any funds paid to the account of the Buyer shall be immediately refunded to the ECHDA and/or Partner. 7. Miscellaneous. a. Entire Agreement. This Agreement contains the entire agreement of the Parties. There are no other agreements, oral or written, and this Agreement can be amended only by written agreement signed by the Parties b. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. e. Assignment. There shall be no transfer or assignment of any of the rights or obligations of Buyer under this Agreement without the prior written approval of the ECHDA. f. Third Parties. There are no intended third-party beneficiaries to this Agreement. g. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the County or the ECHDA under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall not constitute a debt or obligation of the County or the ECHDA within any statutory or constitutional provision. h. No Joint Venture. Notwithstanding any provision hereof, neither the County nor the ECHDA shall ever be a joint venture or partner with any individual or any private entity which participates in this Agreement, and neither the County nor the ECHDA shall be liable or responsible for any debt or obligation of any participant to this Agreement. i. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0140\ HOUSING Good Deeds Community Partner Program EAGLECOUNTY Deed Restriction Purchase Agreement j. Governmental Immunity. Eagle County,the ECHDA, and Partner, and their respective officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the County or the ECHDA and its officers, attorneys or employees. k. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i)Electronic or facsimile delivery of a fully executed copy of the signature page; (ii)the image of the signature of an authorized signer inserted onto PDF format documents. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121. WHEREFORE, the Parties have executed this Agreement as of the Effective Date. [remainder of page intentionally left blank] 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /elk HOUSING Good Deeds Community Partner Program iln> EAGLE Deed Restriction Purchase Agreement COUNTY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY, by and through the Executive Director Kimberly Bell Williams Title Date 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 , HOUSING Good Deeds Community Partner Program EAGLE Deed Restriction Purchase Agreement COUNTY COMMUNITY PARTNER , by and through the (Name) Title Date 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /ON\ HOUSING Good Deeds Community Partner Program 41$ EAGLE COUNTY Deed Restriction Purchase Agreement BUYER Signature Printed Name Date 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Good Deeds Community Partner Program EAGLE COUNTY Deed Restriction Purchase Agreement EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 8 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 CONK HOUSING Good Deeds Community Partner Program 11 EAGLE Deed Restriction Purchase Agreement COUNTY EXHIBIT B DEED RESTRICTION 9 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 EXHIBIT F Form of Price Capped Deed Restriction for the Good Deeds Community Partner Program 9 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and j� EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING This DEED RESTRICTION AGREEMENT FOR PRICE CAPPED FOR SALE HOUSING (the "Agreement" or this "Deed Restriction") is made and entered into this day of , 20_, by (hereinafter known as "Owner"), and the Eagle County Housing and Development Authority, primary beneficiary (hereinafter known as "ECHDA"), a statutory housing authority and body corporate and politic formed by the Board of County Commissioners of Eagle County, Colorado pursuant to C.R.S. § 29-4-501 et seq., and the secondary beneficiary (hereinafter known as the "Partner"), and is enforceable by the ECHDA, or its assigns as and to the extent set forth herein; the foregoing person(s) and entities may sometimes be referred to generically and individually as a "Party" or collectively as the "Parties." RECITALS: WHEREAS, Owner is purchasing the real property and improvements known as , and more particularly described in Exhibit A. attached hereto and incorporated herein byreference (the "Subject Property");" ); and WHEREAS, in exchange for payment as set forth in a Deed Restriction Purchase Agreement of even date herewith, and pursuant to the Eagle County Good Deeds Program, Owner has agreed to place certain restrictions on the occupancy and resale of the Subject Property for the benefit of the ECHDA and Partner by requiring occupancy of the Subject Property by an Eligible Household, as that term is defined below. Owner also agrees that this Agreement shall constitute a resale agreement setting forth the maximum sales price for which the Subject Property may be sold ("Maximum Sales Price"), the amount of appreciation and the terms and provisions controlling the resale of the Subject Property, all in accordance with the terms and conditions of the Agreement; and WHEREAS, Owner hereby adopts and enters into this Agreement voluntarily; and WHEREAS, the Subject Property shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions, which constitute irrevocable covenants running with the title to the Subject Property as a burden thereon. The covenants, conditions, and restrictions on the Subject Property are for the benefit of the ECHDA or its assigns and Partner, and shall be binding on the Owner of the Subject Property, and on Owner's heirs, personal representatives, assigns, lessees, licensees, and any transferee of the Owner of the Subject Property; and WHEREAS, the Partner has elected to also contribute funds toward the purchase of this Deed Restriction to be recorded against the Subject Property described in Exhibit A, in exchange for certain rights detailed below; and Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 PAHOUSING Eagle County and Onse EAGLE Good Deeds Community Partner Program , COUNTY Price Capped For Sale Deed Restriction WHEREAS, Partner desires to increase the stock of affordable housing in and around its corporate boundaries,for the benefit of the residents and working persons located there, and to assist such persons meeting qualifications under the Eagle County Good Deeds program to purchase real property; and WHEREAS, in furtherance of the aforementioned objectives, and in exchange for its status of a secondary beneficiary under this Agreement, Partner desires to assist an Eligible Household or Qualified Employer, as those terms are defined in the ECHDA Good Deeds program, with the purchase of the Subject Property by contributing funds toward the purchase of this Deed Restriction; and WHEREAS, ECHDA administers a program with objectives compatible with those of the Partner, and has established the resources and administrative infrastructure to do so; and WHEREAS, the Partner desires to rely on the ECHDA to administer its Good Deeds program, but wishes to have input into the conditions of resale of properties toward which it has contributed funds for purchase of deed restrictions. NOW, THEREFORE, in consideration of the foregoing, the Parties hereby represent, covenant, and agree as follows: 1. Definitions: A. "Eligible Household" means Households that will (i) use the Subject Property as their Primary Residence, (ii)are qualified employees, and (iii)own no other real estate. Each of the criteria are further defined below: i. Employment Qualification: 1. At least one member of the Household must meet one or more of the following criteria: a. A member earns a living primarily in Eagle County, Colorado by having worked an average of at least thirty (30) hours per week on an annual basis at a business with an office or job site physically located in Eagle County (multiple jobs in Eagle County may be combined to reach 30 hours per week); or b. All members of the Household cumulatively earn at least 75% of the Household's Gross Household Income in Eagle County; or c. A member of the Household has been hired for a job in Eagle County on a permanent basis to work at least thirty (30) hours per week; or d. Meets other employment classifications (i.e. retirees, telecommuters) in accordance with the Eagle County Affordable Housing Guidelines, as may be amended from time to time; or e. A member is a person with a disability who has been granted a reasonable accommodation to the requirement that at least one member of the Household work on a permanent basis at least 30 hours per week; or f. Is a Qualified Employer who will rent to an Eligible Household. ii. Limits on owning other real estate: 1. No member of an Eligible Household, including, but not limited to, natural persons and children under 18 years of age, may own other real estate either individually or in conjunction with others as of the date of purchase or during the period of ownership of the Subject Property. Notwithstanding the foregoing, a Qualified Employer may own other real estate as of the date of purchase of 2 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and EAGLE Good Deeds Community Partner Program 0111) COUNTY Price Capped For Sale Deed Restriction the Subject Property; however, the lessee of a Qualified Employer may not own other real estate as of the date the lessee enters into a lease for the Subject Property. 2. A member of an Eligible Household that owns commercial property for business use or vacant land may request an exemption from the requirement in subsection 1.A.ii., which may be granted at the sole discretion of ECHDA or its assigns. 3. Real estate that is owned by a prospective Eligible Household may not be deeded to another person, corporation or other legal entity except at fair market value nor may real estate be deeded to a corporation or other legal entity in which any Household member has any financial interest in order to meet the requirements in this subsection 1.A.ii. iii. Title. Except for a Qualified Employer or where a variance is sought from and approved by the ECHDA, title to the Subject Property shall be held in the name of the natural person(s)who are members of the Household which qualifies under criteria 1.A i. and ii. above. For example, title may be held jointly by two natural persons who are members of an Eligible Household. 1. Notwithstanding the foregoing, an Eligible Household may seek a variance from the ECHDA to allow title of the Subject Property to be held in trust for the benefit of a natural person who also qualifies as an Eligible Household. Approval of such variance is at the sole discretion of the ECHDA, or its assigns. 2. To be eligible for a variance, the following conditions must be met: (i) the beneficiary of the trust may not own other real property; and (ii)the beneficiary of the trust must be of the age of majority to qualify for this variance. 3. To request a variance, the applicant shall submit a written request to ECHDA, or its assigns, establishing that the beneficiary of the trust meets the conditions set forth in subsection 1.A.iii.2. herein. Upon receipt and review of a request for a variance and any requested information and documentation, ECHDA, or its assigns, may grant the request with or without conditions. B. "Qualified Employer" means an individual or entity that regularly conducts business in Eagle County. Individuals or entities that regularly conduct business in Garfield and Pitkin Counties may be considered Qualified Employers for purposes of qualifying employees who apply to purchase or rent affordable housing in Eagle County in the Roaring Fork Valley. Qualified Employers may hold title to the Subject Property and lease to employees who qualify as an Eligible Household. Qualified Employers may not impose additional restrictions on the Subject Property without written consent of the ECHDA. C. "Gross Household Income" means the total amount of income a Household earns in one year from all sources before taxes. D. "Household" means all individuals who will occupy the Subject Property regardless of legal status or relation to the owner or lessee. E. "Initial Sales Price" means an amount equal to the purchase price of the Subject Property, together with any capital improvements. F. "Owner" means the owner of record of the Subject Property according to the Clerk and Recorder of Eagle County, it being understood that that such person or persons shall be deemed an "Owner" hereunder only during the period of his, her, or their ownership interest in the Subject Property and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period. 3 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and/"As EAGLE Good Deeds Community Partner Program On, COUNTY Price Capped For Sale Deed Restriction G. "Primary Residence" means the residence in which an Owner lives for at least 9 out of any 12 months. Determination of Eagle County residency status shall be based on criteria including, but not limited, to 1) copy of deed or property tax statement, or 2) utility statements from service providers, or 3) other documentation that ECHDA, or its assigns, deems necessary to make a determination, such as voter registration information, place of automobile registration, driver's license address and income tax returns. H. "Price Capped For Sale Housing" means housing with a deed restriction recorded against it requiring that it be owned and occupied by an Eligible Household as its Primary Residence and sold subject to the Maximum Sales Price, as those terms are defined herein. I. "Short Term Rental" means a non-Owner providing compensation to lodge in the Subject Property for periods of less than thirty (30) days. Owner shall not advertise any part of the Subject Property for short term lease on an open, public forum such as Airbnb, VRBO, Homeaway or equivalent. J. "Primary Beneficiary" means the ECHDA, its successors and assigns, who shall be first in order of receipt for any rights and duties hereunder. K. "Secondary Beneficiary" means the Partner, who shall have the same rights as the Primary Beneficiary in the event said Primary Beneficiary, its successors and assigns, no longer exists or declines to enforce the terms of this Agreement; to this end the Secondary Beneficiary is a contingent beneficiary. 2. Use and Occupancy Restrictions: A. The use and occupancy of the Subject Property is restricted as follows: (i)the Subject Property shall be owned and occupied by an Owner who either qualifies as an Eligible Household or is a Qualified Employer who leases the Subject Property to an employee who qualifies as an Eligible Household; (ii) the Owner or the lessee of the Qualified Employer shall own no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and (iii)the Owner or the lessee of the Qualified Employer uses the Subject Property as its Primary Residence. B. The Subject Property may not be sold or otherwise transferred to or occupied by any person other than an Eligible Household in accordance with the procedures for prior verification contained in Section 3 below. Notwithstanding the foregoing, title to the Subject Property may be held from time to time by the ECHDA in the event of a foreclosure or as permitted by this Agreement or the Eagle County Affordable Housing Guidelines. Further, it is understood and agreed to by the parties that notwithstanding the foregoing, the Subject Property may be held from time to time by certain districts or governmental entities which qualify as a Qualified Employer. C. An Owner of the Subject Property is subject to annual certification confirming and verifying the Owner's continued eligibility as an Eligible Household and its compliance with this Agreement. To confirm such eligibility, the Owner of the Subject Property shall submit the following information to ECHDA: (i) a verification that the Owner or the lessee of a Qualified Employer uses the Subject Property as its Primary Residence; (ii) verification that the Owner continues to meet the definition of an Eligible Household or Qualified Employer as set forth in Section 1.A. above; and (iii) a statement that the Owner or lessee of a Qualified Employer owns no other real property, subject to the exceptions set forth in the definition of Eligible Household, in Section 1 above, and other documentation that may be required by the Eagle County Affordable Housing Guidelines, as may be amended from time to time. D. Neither an Owner or the lessee of a Qualified Employer may engage in any business activity on or in such Subject Property, other than as permitted within the zone district applicable to the Subject Property. E. The Short Term Rental of all or any portion of the Subject Property is prohibited. 4 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi HOUSING Eagle County and llAu OnEAGLE Good Deeds Community Partner Program , COUNTY Price Capped For Sale Deed Restriction F. An Owner of the Subject Property may not permit any use or occupancy of the Subject Property except in compliance with this Agreement. G. Owner, other than a Qualified Employer, may not,except with prior written approval of ECHDA and subject to the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines: Administrative Procedures, rent the Subject Property for any period of time. H. Any subsequent Owner of the Subject Property must execute an Acknowledgement of this Deed Restriction Agreement for Price Capped For Sale Housing, in the form set forth in Exhibit C attached hereto and incorporated herein by this reference. I. All sales of the Subject Property shall be subject to the Maximum Sales Price as calculated in Section 4 below. 3. Resale Restrictions: The Subject Property may not be sold or otherwise transferred to any person other than a member of an Eligible Household, or a Qualified Employer, and subject to the calculation of the Maximum Sales Price in accordance with Section 4. A. In the event that an Owner desires to sell the Subject Property, the sale or transfer of the Subject Property shall be administered exclusively by The Valley Home Store, as designee of the ECHDA, in accordance with the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines:.Administrative Procedures. B. Upon sale or transfer of the Subject Property by Owner to any subsequent Owner,the subsequent Owner shall be subject to the same occupancy and use requirements set forth in this Agreement. 4. Maximum Sales Price: In no event shall the Subject Property be sold for an amount ("Maximum Sales Price") in excess of the Initial Sales Price plus the percentage increase (simple interest calculation) per year of the average wage for Eagle County as determined by the Colorado Department of Labor and Employment. The Maximum Sales Price shall be calculated as follows: A. If the percentage increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment is greater than three (3)% in a given year, the percentage increase which an Owner may claim for purposes of determining Maximum Sales Price shall be three (3)% for that year. i. In the event that an Owner owns a Subject Property for only a portion of any year, the percentage increase shall be prorated quarterly, from purchase date, and the Owner shall be given credit through the quarter in which the sale is initiated. ii. If there is no increase in the average wage for Eagle County as determined by the Colorado Department of Labor and Employment, the percentage increase which an Owner may claim for purposes of determining Maximum Sales Price shall be zero (0)% for that year. iii. The parties agree that there may be a delay in the publication of statistics from the Colorado Department of Labor and Employment. Therefore, the calculation of Maximum Sales Price shall be based upon the most current available data. If data for the year of sale is not available, then the Owner shall rely on the most current full year's data that is available for purposes of calculating the Maximum Sales Price. iv. In the event that the Colorado Department of Labor and Employment no longer publishes the average wage for Eagle County, the ECHDA Board or its designee shall identify a similar indicator from a reliable source and shall provide notice to all Owners of the change. B. Permitted Capital Improvements shall not increase the Owner's Initial Sales Price. For the purpose of determining the Maximum Sales Price, the Owner may add the following amounts: i. The cost of permitted capital improvements as set forth in the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines: Administrative Procedures. ii. The cost of any permanent improvements constructed or installed as a result of any requirement imposed by any government agency or special assessment by a homeowner's 5 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and Good Deeds Community Partner Program COUNEAGLETY Price Capped For Sale Deed Restriction association for such permanent improvements, provided that written certification is provided to the ECHDA. C. Real estate sales fees as identified in the most current Eagle County Affordable Housing Guidelines, and Eagle County Affordable Housing Guidelines: Administrative Procedures shall be included in the Maximum Sales Price. D. The Owner shall not permit any prospective buyer to assume any or all of the Owner's customary closing costs nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the Owner to sell to such prospective buyer. E. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY ECHDA THAT ON RESALE THE OWNER SHALL OBTAIN A PARTICULAR PRICE INCLUDING BUT NOT LIMITED TO THE MAXIMUM SALES PRICE. 5. Default by Owner: If the ECHDA has reasonable cause to believe that the occupancy or use of the Subject Property is in violation of any provision of this Agreement, ECHDA or its assigns may inspect the Subject Property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday after providing the Owner and occupants with at least twenty-four (24) hours written notice. Notice to the occupants may be given by posting notice on the door to the Subject Property. This Agreement shall constitute permission to enter the Subject Property during such times upon such notice without further consent. A default by Owner shall include breach of the covenants set forth in this Deed Restriction, including without limitation any of the following: A. Transfer or conveyance of the Subject Property to a person or entity that is not a member of an Eligible Household or a Qualified Employer. B. Failure to follow resale procedures as outlined in Section 3.A. above. C. Acceptance of the Subject Property by a person or entity that is not a member of an Eligible Household or Qualified Employer. D. Any ownership, use or occupancy of the Subject Property in violation of Section 2 above. E. Failure to submit an annual certification of occupancy and use as described in Section 2.0 above. F. Failure to make payments and comply with the terms of any deed of trust placed on the Subject Property. Owner must notify the ECHDA, in writing, of any notification received from a lender or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein,within five(5)calendar days of Owner's notification from lender, or its assigns, of said default or past due amounts. G. Any action by the Owner to encumber the Subject Property in a manner that conflicts with the terms of this Agreement or renders compliance with the terms of this Agreement impossible or impractical. H. Permitting the use of the Subject Property as a Short Term Rental. 6. Notice and Cure: A. In the event of a violation of this Agreement, the ECHDA or its assigns shall send a written notice of default to the Owner detailing the nature of the default and providing sixty (60) days for the Owner to cure such default. Notwithstanding the foregoing or any other term of this Agreement, a default for lease or use of the Subject Property as a Short Term Rental shall be cured by the Owner immediately. The notice shall state that the Owner may request an appeal of the violation finding in writing within ten (10)days of such notice, in which event the ECHDA shall administratively review the finding. If the violation finding is upheld, the Owner may request in writing within ten (10) days of such administrative 6 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and 011EAGLE Good Deeds Community Partner Program 1, COUNTY Price Capped For Sale Deed Restriction decision a hearing before the ECHDA Board of Commissioners ("ECHDA Board"). If no administrative or ECHDA Board appeal is timely requested in writing and the violation is not cured within sixty(60)days of mailing the notice of default, the Owner shall be deemed to be in violation of this Agreement. If an administrative or ECHDA Board appeal is requested, the decision of the ECHDA Board (or administrative decision if such decision is not timely appealed to the ECHDA Board) shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty(60) days of such final determination, the Owner shall be deemed to be in violation of this Agreement. If a decision of the ECHDA Board is judicially appealed, an order of the Court confirming the violation shall be final for the purpose of determining if a violation has occurred and, if such violation is not cured within sixty (60) days of such final determination, the Owner shall be deemed to be in violation of this Agreement. In the event of any lease to a person or use of the Subject Property as a Short Term Rental, any amounts collected or receipt of other things of value by the Owner or assigns under such leases shall be paid to the ECHDA as a material requirement of curing the notice of default. B. Upon receipt of notice as provided in Section 5.F. above, the ECHDA shall have the right, in its sole discretion, to cure the default or any portion thereof. In such event, the Owner shall be personally liable to the ECHDA for past due payments made by the ECHDA together with interest thereon at the rate specified in the promissory note secured by the deed of trust, plus one percent (1%) and all actual expenses of the ECHDA incurred in curing the default. In such event, the Owner agrees to execute a promissory note on commercially reasonable terms acceptable to ECHDA together with interest thereon at the rate specified in the promissory note, plus one percent (1%) and all actual expenses of the ECHDA incurred in curing the default. Such note shall be secured by a deed of trust encumbering the Subject Property in favor of the ECHDA for the amounts expended by the ECHDA as specified herein, including future advances made for such purposes. The ECHDA shall be entitled to all rights and remedies under the deed of trust including rights of foreclosure. The Owner may cure the default and satisfy the obligations to ECHDA under this subsection at any time prior to execution of a contract for sale, upon such reasonable terms as specified by the ECHDA. Otherwise, Owner's indebtedness to ECHDA shall be satisfied from the Owner's proceeds at closing. 7. Remedies and Enforcement: In the event of violation, non-performance, default or breach of any term of this Agreement by the Owner, ECHDA, or its assigns, shall have the right to enforce Owner's obligations herein by an action for any equitable remedy, including injunction or specific performance, as well as pursue an action to recover damages. In addition, any amount due and owing to the ECHDA shall bear interest at the rate of one percent (1%) per month (12% per annum, compounded annually)until paid in full. The ECHDA shall be entitled to recover any costs related to enforcement of this Agreement, including but not limited to attorney's fees, court filing costs and recording costs. In the event of a transfer or conveyance of the Subject Property which violates the terms of this Agreement and constitutes a violation of this Agreement, both the grantor and grantee shall be jointly and severally liable for any damages and costs due under this Agreement. Penalties which the ECHDA may assess against the Owner include, but shall not be limited to, eliminating resale gain, requiring sale of the Subject Property, assessing penalties, and seeking remedies set forth in the Eagle County Land Use Regulations or the most current Eagle County Affordable Housing Guidelines. In the event of a breach of any of the terms or conditions contained herein by the Owner, its heirs, successors or assigns, the Maximum Sales Price of the Subject Property as set forth in Paragraph 4 of this Agreement shall, upon the date of such breach as determined by the ECHDA cease to increase and shall remain fixed until the date of cure of 7 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and EAGLE Good Deeds Community Partner Program 410 COUNTY Price Capped For Sale Deed Restriction said breach.The remedies provided herein are cumulative and not exclusive, of all other remedies provided by law. 8. Foreclosure: A. In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder (including assigns of the holder)of the promissory note secured by a first deed of trust on the Subject Property, and subject to the issuance of a public trustee's deed to the holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the holder, the ECHDA or its assigns shall have the option to purchase the Subject Property as provided in the Option to Purchase, attached hereto as Exhibit B and incorporated herein. B. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on the Subject Property, only Eligible Households or Qualified Employers may acquire an interest in the Subject Property at a foreclosure sale or in lieu of foreclosure. C. Notwithstanding the foregoing, in the event of foreclosure or acceptance of a deed in lieu of foreclosure by the holder(including assigns of the holder)of the promissory note secured by a first deed of trust on the Subject Property, if the holder of such deed of trust is the grantee under the public trustee's deed or deed in lieu of foreclosure and ECHDA does not exercise its Option to Purchase as provided in Section 8.A., then ECHDA agrees to release the Subject Property from the requirements of this Deed Restriction. D. It is specifically agreed that nothing contained herein shall require the ECHDA to release and waive its ability to enforce this Agreement in the event of a foreclosure of a lien secured in second or subsequent position. E. If ECHDA or its assigns exercises the Option to Purchase described in Section 8.A. above, and acquires title to the Subject Property, the ECHDA or its assigns may sell the Subject Property to an Eligible Household or rent the Subject Property to qualified tenants who meet the income, occupancy and all other qualifications, established by the Eagle County Affordable Housing Guidelines, as amended from time to time, until such time that the Subject Property can be sold to an Eligible Household or Qualified Employer. F. All obligations recorded of record against the Subject Property and subsequent to this Agreement shall be subordinate to the terms hereof. 9. Agreement Runs with the Land: Owner and any subsequent Owner of the Subject Property, and all other parties with an interest in title to the Subject Property hereby acknowledge, or are deemed to acknowledge by virtue of recordation of the deed by which such Owner takes title to the Subject Property, that this Agreement shall constitute an irrevocable Covenant running with title to the Subject Property as a burden thereon for the benefit of the ECHDA, or its assigns, and shall be binding on the Owner of the Subject Property, and on its heirs, personal representatives, assigns, lessees, licensees and any transferee of the Owner of the Subject Property. 10. Notices: Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To Owner: To Partner: 8 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi HOUSING Eagle County and ll Oil EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction Attention: Post Office Box , CO 816 To ECHDA: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 With copy to: Eagle County Attorney Post Office Box 850 Eagle, CO 81631 11. Disputes: If any action is brought in a court of law by either party to this Agreement concerning the enforcement, interpretation, or construction of this Agreement, the prevailing party, either at trial or upon appeal, shall be entitled to reasonable attorney's fees as well as costs, including expert witness's fees, incurred in the prosecution or defense of such action. The exclusive forum for any dispute arising from or relating to this Agreement shall be the Eagle County District Court. 12. Severability: Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such documents. 13. Choice of Law: This Agreement and each and every related document is to be governed and construed in accordance with the laws of the State of Colorado. 14. Successors: Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors, and assigns of any Owner of the Subject Property and the ECHDA. 15. Section Headings: Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 16.Waiver: No claim of waiver, consent, or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 17. Gender and Number: Whenever the context so required herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 18. Personal Liability: By taking title to a Subject Property, an Owner agrees that the Owner shall be personally liable for compliance with the applicable terms and conditions of this Agreement. 19. Further Actions: Any Owner of the Subject Property and the ECHDA agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement,or any agreement or document relating hereto, or entered into in connection herewith. 20. Modifications: Any Owner of the Subject Property, and the ECHDA agree that any modifications of this Agreement shall be effective only when made by an instrument in writing and executed by the parties and recorded with the Clerk and Recorder of Eagle County, Colorado. The ECHDA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate 9 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fiHOUSING Eagle County and EAGLE Good Deeds Community Partner Program 011111, COUNTY Price Capped For Sale Deed Restriction the purpose and intent of this Agreement, and where such unilateral action does not materially impair an Owner's rights or any lender's rights under this Agreement. 21. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Agreement or any of its Exhibits shall be unlawful or void for violation of: (a) the rule against perpetuities or some similar statutory provision, (b)the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the then-current duly elected and seated Eagle County Commissioners, and the then-current Eagle County employees, their now living descendants, if any, and the survivor of them, plus twenty- one (21) years. 22.Assignment: The ECHDA may in its sole discretion assign the benefits and delegate the responsibilities hereunder to a nonprofit private entity or public agency or authority organized or operated in whole or in part to provide housing programs in Eagle County. 23. Entire Agreement:This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter of this Agreement, and supersedes any prior agreement or understanding relating thereto. 24. Recording: This Agreement shall be recorded in the real property records of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. [remainder of page intentionally left blank] 10 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /0141\ HOUSING Eagle County and 1 EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction OWNER: By: Name: Title: By: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , , by Witness my hand and official seal. My commission expires: Notary Public 11 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /VIII\ HOUSING Eagle County and � EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction ACCEPTANCE BY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY The foregoing Deed Restriction Agreement For Occupancy And Resale Of Price Capped For Sale Housing and its terms are hereby adopted and declared by the Eagle County Housing and Development Authority. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY Signature Printed Name Title Date 12 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /ON\ HOUSING Eagle County and EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction ACCEPTANCE BY THE The foregoing Deed Restriction Agreement For Occupancy And Resale Of Price Capped For Sale Housing and its terms are hereby adopted and declared by the Signature Printed Name Title Date 13 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /el\ HOUSING Eagle County and 41111> EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction EXHIBIT A Legal Description of Subject Property • • 14 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 / 0"1\ HOUSING Eagle County and EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction EXHIBIT B EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY OPTION TO PURCHASE In the event of a foreclosure or acceptance of a deed in lieu of foreclosure by the holder(including assigns of the holder)of the promissory note secured by a first deed of trust("Holder")on the real property commonly known as , and legally described as: (the "Subject Property"), and subject to the issuance of a public trustee's deed to the Holder following expiration of all statutory redemption rights, or issuance of a deed in lieu of foreclosure to the Holder, the ECHDA or its assigns shall have the option to purchase the Subject Property, which shall be exercised in the following manner: 1. Notice: The Owner and the Holder shall give such notice to the ECHDA as is required by law in the foreclosure proceeding. Said notice shall be sent by certified mail, return receipt requested, and addressed as follows: Eagle County Housing and Development Authority Post Office Box 850 Eagle, CO 81631 2. Option to Purchase: The ECHDA or its assigns shall have 30 days after issuance of the public trustee's deed or deed in lieu of foreclosure in which to exercise this Option to Purchase. In the event of a deed in lieu of foreclosure, ECHDA may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, an amount equal to the amount due on the note and any additional reasonable costs incurred by the Holder during the option period. In the event of foreclosure and issuance of a public trustee's deed, ECHDA may exercise the Option to Purchase by tendering to the Holder or its assigns, in cash or certified funds, the redemption price which would have been required of the borrower or any person who might be liable upon a deficiency on the last day of the statutory redemption period(s) and any additional reasonable costs incurred by the Holder during the option period which are directly related to the foreclosure. 3. Title: Upon receipt of the option price, the Holder shall deliver to the ECHDA or its assignee a special warranty deed, conveying the Subject Property to the ECHDA or its assignee. The Holder shall convey only such title as it received through the public trustee's deed or deed in lieu of foreclosure and shall not create or participate in the creation of any additional liens or encumbrances against the Subject Property following issuance of the public trustees' deed to the Holder. The Holder shall not be liable for any of the costs of conveyance to the ECHDA or its assignee. 4. Release: Upon issuance of a public trustee's deed or deed in lieu of foreclosure to the Holder, the ECHDA or its assigns shall have thirty (30) days in which to exercise the Option to Purchase as set forth herein by notifying the Holder in writing of its intent to exercise the option. 15 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fiHOUSING Eagle County and llAa EAGLE Good Deeds Community Partner Program flittt COUNTY Price Capped For Sale Deed Restriction In the event that the ECHDA or its assigns does not notify the Holder in writing of its intent to exercise the Option to Purchase as set forth herein, the ECHDA's Option to Purchase and the Deed Restriction Agreement For Occupancy And Resale Of Price Capped For Sale Housing recorded at Reception Number in the records of the Clerk and Recorder of Eagle County, Colorado shall be automatically released only with respect to the Subject Property which is the subject of foreclosure as of the thirty-first day after the issuance of such public trustee's deed or deed in lieu of foreclosure. The Holder shall not be required to take any affirmative action to obtain such release. It is the intent of the ECHDA that the Option to Purchase and the referenced Deed Restriction Agreement be terminated automatically upon the failure of the ECHDA or its assigns to provide written notice of its intent to exercise its Option to Purchase to the Holder, whether such failure is intentional or unintentional, and that such termination will be effected without the necessity of any affirmative action on the part of the Holder and without the necessity of filing a release of such Deed Restriction Agreement or option of public record. It is agreed that this Section 4 shall not result in a release of the Deed Restriction Agreement from any other property which is not the subject of foreclosure and nothing contained herein shall require ECHDA to release and waive its ability to enforce the Deed Restriction Agreement in the event of foreclosure of a lien secured in second or subsequent position. 5. Perpetuities Savings Clause: If any of the terms, covenants, conditions, restrictions, uses, limitations, obligations or options created by this Option to Purchase shall be unlawful or void for violation of (I) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or(3) any other statutory or common law rules imposing like or similar time limits, then such provision shall continue only for the period of the lives of the current duly elected and seated Board of County Commissioners of Eagle County, Eagle, Colorado, their now living descendants, if any, and the survivor of them, plus twenty-one (21) years. 6. Successors and Assigns: Except as otherwise provided herein, the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties hereto. 7. Modifications: The parties hereto agree that any modifications to this Option to Purchase shall be effective only when made by writings signed by all parties and recorded with the Clerk and Recorder of Eagle County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Option to Purchase on the day of , 20_. [remainder of page intentionally left blank] 16 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 /01N\ HOUSING Eagle County and All> EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction OWNER: By: Name: Title: STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , , by Witness my hand and official seal. My commission expires: Notary Public • 17 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 HOUSING Eagle County and A OnEAGLE Good Deeds Community Partner Program , COUNTY Price Capped For Sale Deed Restriction EXHIBIT C ACKNOWLEDGEMENT OF THE DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING WHEREAS, [Buyer Name] (the "Buyer") is purchasing from [Seller Name] (the "Seller") at a price of $[purchase price amount] ,the real property and improvements located in [Address&Neighborhood] more particularly described as: [Legal Description] , according to the plat recorded under Reception No. , in the real property records of Eagle County of Eagle, Colorado (the "Subject Property"); and WHEREAS, the Seller of the Subject Property is requiring, as a prerequisite to the sales transaction, that the Buyer acknowledge and agree to the terms, conditions and restrictions found in that certain instrument entitled "DEED RESTRICTION AGREEMENT FOR OCCUPANCY AND RESALE OF PRICE CAPPED FOR SALE HOUSING", recorded on , 20_, under Reception No. , in the real property records of Eagle County, Colorado (the "Deed Restriction"). A copy of the Deed Restriction is attached to this Acknowledgement as Exhibit A. NOW, THEREFORE, as a prerequisite to the closing of the transaction for the Subject Property, and as an inducement to the Seller to sell the Subject Property, the Buyer: 1. Acknowledges that Buyer has carefully read the entire Deed Restriction, has had the opportunity to consult with legal and financial counsel concerning the Deed Restriction and fully understands the terms, conditions, provisions, and restrictions contained in the Deed Restriction, and agrees to abide by the Deed Restriction. 2. Acknowledges that the Deed Restriction runs with the Subject Property. 3. Acknowledges that the ECHDA retains an option to purchase the Subject Property to avoid the commencement or continuation of any foreclosure against the Subject Property, to the extent provided for in the Deed Restriction 4: Acknowledges that the Deed Restriction requires a subsequent sale or conveyance of the Subject Property to an Eligible Household or Qualified Employer at no greater than the Maximum Sales Price (as that term is defined in Section 4 of the Deed Restriction) exclusively on the sale or conveyance of the Subject Property. 5. Acknowledges that no sales/purchases are exempt from the requirement that the Subject Property be occupied by an Eligible Household in accordance with the Deed Restriction. 6. Acknowledges and agrees that all future buyers and/or lessees of Qualified Employers shall submit a complete application to the Eagle County Housing and Development Authority or its assigns for approval of their eligibility as an Eligible Household. 18 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fi HOUSING Eagle County and flhEAGLE Good Deeds Community Partner Program t, COUNTY Price Capped For Sale Deed Restriction 7. Acknowledges and agrees that: a. The Owner or lessee of a Qualified Employer shall qualify as an Eligible Household; b. The Owner or lessee of a Qualified Employer shall use the Subject Property as its Primary Residence; c. No member of an Eligible Household, including, but not limited to, natural persons and children under 18 years of age, may own any real estate other than the Subject Property either individually or in conjunction with others as of the date of purchase or during the period of ownership of the Subject Property; and • d. The Owner is in compliance with the terms and conditions of this Deed Restriction. 8. Requests that notice to Buyer, pursuant to the Deed Restriction, should be sent to: Buyer 9. Directs that this Acknowledgement of Deed Restriction Agreement for Occupancy and Resale of Price Capped for Sale Housing be placed of record in the real estate records of Eagle County, Colorado and a copy provided to ECHDA. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day of , 20 . [remainder of page intentionally left blank] 19 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fill\ HOUSING Eagle County and $ EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction BUYER: Signature Printed Name Title Date STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. My commission expires: Notary Public 20 Docusign Envelope ID:597CA996-D4BF-489E-846F-014AECBFC350 fill%\ HOUSING Eagle County and 41111> EAGLE Good Deeds Community Partner Program COUNTY Price Capped For Sale Deed Restriction EXHIBIT A DEED RESTRICTION 21