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HomeMy WebLinkAboutR09-037 Grant App for Energy Eff Imp to Riverview ApartmentsCommissioner moved adoption of the following R olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2009- RESOLUTION AUTHORIZING EXECUTION OF DEPARTMENT OF LOCAL AFFAIRS GRANT APPLICATION FOR ENERY EFFICIENCY IMPROVEMENTS TO THE RIVERVIEW APARTMENTS WHEREAS, Eagle County (sometimes hereinafter the "County"), through its affiliate the Eagle Riverview Housing Corporation, a Colorado non-profit corporation, owns and controls the Riverview Apartments; and WHEREAS, the Board of County Commissioners (sometimes hereinafter the "BoCC") of Eagle County desires to apply for funding available through the Colorado Department of Local Affairs to approve the energy efficiency of the Riverview Apartments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the BoCC hereby designates Sara J. Fisher to serve as signatory to apply for said funding; and THAT, the BoCC finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this _ day of May, 2009. COUNTY. OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS .--~ BY: ~~ ~fin~~ ATTEST: Teak J. Simor~on, Clerk to the Board of County Commissioners ~~~~~ . ,, n tavney, issi '~° '`~ Sar J. Fisher, airma: .. Peter F. Runyon, Comn Commissioner seconded adoption of the foregoing resolution. The roll having been called, the v to was as follows: Commissioner Sara J. Fisher ~' Commissioner Jon Stavney Commissioner Peter F. Runyon This Resolution passed by 3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. OFFICE OFTHE BOARD OF COMMISSIONERS (970) 328-8605 FAX: (970) 328-8629 Email: eagleadmin@eaglecounty.us www.eaglecounty.us June 5, 2009 Mr. Bill Whaley Division of Housing 1313 Sherman Street #518 Denver, CO 80203 Re: Riverview Apartments Dear Mr. Whaley: SARA J. FISHER PETER F RUNYON JON STAVNEY We are writing in support of the renovation and preservation of the Riverview Apartments. The county purchased the apartment complex in 1999 and intends to hold the property for the long term. Although we have done some rehabilitation to the property over the past ten years as cash flow allowed, it is now time for a major renovation of the property to preserve its long term existence. We have several goals for the renovation of this project: to preserve the number of rental apartments on the site, to improve the curb appeal of the project, to increase the energy efficiency of the project, and to add some property amenities to improve the livability of the project for the tenants. That being said, given the economic situation the county is facing, the county is unable to contribute any additional funds to the project at this time. We are, however, willing to defer the payment of development fees. Additionally, should the proceeds from the sale of the property to a tax credit partnership be in excess of the existing debt on the property, the county would be willing to keep those proceeds in the property by structuring a cash flow note. Please feel free to contact us at 970-328-8605 should you have any additional questions. Sincerely, Eagle County Board of Commissioners ~r .~-- ,~ , ~.. Sara J. Fisher Peter F. Runyon Chairman Commissioner n Stavney ommissioner Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8163 I -0850 AUTHORIZED SIGNATURE SHEET The Chief Elected Official of the governmental unit,.officer of the private corporation, or appropriatesignatory must sign below..In the case of multi-jurisdictional applicationsfnr CDBG funds, an executed. Intergovernmental Agreement must be submitted, designating a lead governmental agency as the applicant and administrator of any award. If an IGA is not available,. the Chief Elected. Official of EACH local government must sign. To the best of my knowledge and belief, statements and data in this application, including the required Statement of Assurances and Certifications Attachment A), attached tables and otherdocumentation, are true and Correct. ~-- Signature Signature Signature Sara J. Fisher A Name (Typed or Printed) Name (Typed or Printed) Name (Typed or Printed) Chairman of the Eagle County Board of County Commissioners Title Title Title May 5, 2009 Date Date Date Signature Signature Signature Name (Typed or Printed) . Name (Typed or Printed} Name (Typed or Printed) Title Title Title Date Date Date LD~~~#~a~p~ic~ti~r~__3-~~~~v~rkir~~g ATTACHMENTA APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The application must adhere to the following assurances and certification, that it: 1) possesses legal authority to apply for the loan/grant and to execute the proposed project, and its governing body has duly adopted or passed as an .official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances required, and directing and authorizing the applicant's chief executive officer andlor other designated official representatives to act in connection with the application and to provide such additional information as may be required; and 2) will give the State, the U.S. Department of Housing and Urban Development (HUD}, and any state authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant 3) is following a detailed citizen participation plan which: I. provides for and encourages citizen participation that emphasis on participation by persons of low and moderate income who are residents of areas which Community Development Block Grant (CDBG), Home Investment Partnership (HOME), Housing Development Grant (HDG) and Revolving Loan Fund (RLF) funds are proposed to be used; Il. provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG, HOME, HDG and RLF funds; III. provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; IV. provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least assessing needs, review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; V. provides for a timely answer to written complaints and grievances, within 15 working days where practicable; and VI. identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. 4) has provided for and encouraged citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of areas in which CDBG, HOME, HDG and RLF funds are proposed to be used; by: I. furnishing citizens information concerning the amount of funds available for proposed housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income. Its plans for minimizing displacement of persons as a result of activities assisted with CDBG, HOME, HDG and RLF funds and its plan for assisting persons actually displaced as a result of such activities; I I. publishing a proposed project plan/application insuch amanner to afford citizens an opportunity to examine its content and to submit comments on the proposed project planlapplication and on the community development performance of the jurisdiction(s); III. holding one or more public hearings, as indicated below, to obtain citizens view and responses to proposals and questions related to community development and housing needs, proposed activities and past CDBG, HOME, HDG, and RLF performances. A!I hearings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to applicant(s); *** ApplicantlParticiaant Inthe case of a "multi jurisdictional" application, each participating municipality and county must hold at least one public hearing. Public Hearings: Date Time Location 10121/2008 _6:00 PM _Eagle-Vail Pavilion, Eagle-Vail Colorado .~-- Sara J. Fisher, Chai n of the Eagle County Board of County Commissioners Date ~~~1~~~1~~51{ ~~t(Ci`1 ~~-~lJ~b~1Q~KICit~ ATTACHMENT B DISCLOSURE REPORT 1. Are you requesting more than $200,000 from the Division of Housing? Yes X_ No 2. ~ Have you received or applied for other HUD funding for this project that would make the total amount of HUD funds in the project more than $200,000? Yes No X If the answer to either 1 or 2 of this Part is "Yes", then you must complete the remainder of this report. If the answer to both 1 and 2 of this Part is "No", then you are only required to sign the following certification and need not complete the remainder of this report. I hereby certify that this information is true. Sara J. Fisher, Ch irman of the Eagle County Board of County Commissioners Date 3. Financiallnvestors Alphabetical List of All with a Financial Interest in the Project of over $50,000 or 10% of Total Project Costs Soc. Security or Employer ID # Role in Project Financial Interest in Project ($ & %) Eagle County Board of County Commissioners 84 - 6000762 Owner 100% 4. I hereby certify that the information provided in this disclosure is true and correct and I am aware that any false information provided or lack of information knowingly made or omitted may subject me to civil or criminal penalties under Section 1001 of Title 18 of the United States Code. In addition, I am aware that if I knowingly and materially violate any required disclosure of information, including intentional nondisclosure, I am subject to a civil money penalty-not to exceed $10,000 for each violation. Sara J, 'her, Chairman of the Eagle County Board of County Commissioners Date ..-- ~ •~ ~~~~__r~~~i~~C~tit~~l~,~-~~~ ~~~~r~r~~~~g ATTACHMENT C SUGGESTED FORMAT FOR PUBLIC HEARING ANNOUNCEMENT (Replace this form with your Notarized Proof of Publication) This notice must be published as a legal notice in a newspaper of general circulation in the area for one day at least five days prior to the public hearing. The Board of County Commissioners will submit an application to the Colorado Division of Housing. Before an application is submitted to the Division of Housing we invite all interested persons to attend a public hearing on May 5, 2009. The purpose of this application is to request X432,000.00 to renovate 72 units of rental housing at 38969 US HwY 6 na d 24, The proposed development will increase the availability of affordable housing in our community. The request of funding from the Division of Housing is to benefit persons with low and moderate incomes. It is not the intent to cause displacement from any existing housing; however, if persons are displaced from their. existing residences reasonable housing alternatives will be offered. Written comments should be mailed to PO Box 850, Eagle, CO 81631 and will be forwarded to the Division of .Housing for consideration during the application process. If special accommodations are needed for persons attending the public hearing, please let us know in advance. ************************ INSTRUCTIONS FOR COMPLETING PUBLIC NOTICE State the specific purpose of the funding request, the amount requested, the addressllocation of the housing development or service area of the housing assistance. The name of the applicant and the anticipated application submission date. The time and place of the public hearing. The public hearing must be held in the community of the proposed project. For other housing assistance projects, such as down payment or housing rehabilitation assistance, it must beheld at a central location. The public hearing must be held in a location that is handicapped accessible and convenient for all citizens especially those households directly benefiting from the requested assistance. , The public hearing "proof of publication" must be submitted to CDOH with the application. This submission should include the written record of comments raised by persons in attendance at the public hearing and the applicant's response. Division of Housing staff will be in attendance at all public hearings proposing to (redevelop rental or "for sale" properties. Applicants for CDOH funding are encouraged to involve residents and local governments in their development process and in the formulation of their management policies. The Division will provide each successful CDOH applicant guidelines for adopting "Good Neighbor" practices. ATTACHMENT D RESIDENTIAL ANTIDISPLACEMENTAND RELOCATION ASSISTANCE PLAN The Eagle County Board of County Commissioners will replace all occupied and vacant lowlmoderate income dwelling units demolished or converted to a use other than as lowlmoderate income housing as a direct result of activities assisted with HOME funds, as required by Section 105(b) of the Cranston-Gonzales National Affordable Housing Act (42.U.S.C. 12705(b)) and or with CDBG funds, as required by Section 104(4) of the Housing and Community Development Act of 1974, as amended (the Act}. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the Eagle County Board of County Commissioners will make public and submit to the State the following information in writing: 1. Description of the proposed assisted activity; the general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as lowlmoderate dwelling units as a direct result of the assisted activity; and a time schedule for the commencement and completion of the demolition or conversion. 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; the source of funding and a time schedule for the provision of ,replacement dwelling units; and, the basis for concluding that each replacement dwelling unit will remain in a lowlmoderate income dwelling unit for at least 10 years from the date of initial occupancy. 3. Information demonstrating that any proposed replacement of housing units with smaller dwelling units (e.g., a 2-bedroom unit with two 1-bedroom units}, or any proposed replacement of efficiency orsingle-room occupancy (SRO) units with units of a different size, is appropriate and consistent with the housing needs and priorities identified in the approved Consolidated Plan. To the extent that the specific location of the replacement housing and other date in items 1 through 3 are not available at the time of the general submission, the Eagle, County Board of County, Commissioners will identify the general location of such housing on a map and complete the disclosure and submission requirements as soon as the specific data are available and will provide relocation assistance, as described in 570.496a(b)(2), to each lowlmoderate income household displaced by the demolition of housing or by the conversion of a lowlmoderate income dwelling to another use as a direct result of assisted activities. The Ea~ leq_ Coun Housinq and Development Authority 0970) 328 - 87701 will be responsible for tracking the replacement of lowlmoderate income housing and ensuring that it is provided within the required period and will be responsible for providing relocation payment and other relocating assistance to any lowlmoderate income person displaced by the demolition of any housing or the conversion of lowlmoderate income housing to another use. Consistent with the goals and objectives of activities assisted under the Act, the Eagle County Board of County Commissioners will take the steps indicated below to minimize the displacement of persons from their homes: _ Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2). The substantial cost of providing such assistance serves as a strong deterrent to unnecessary displacement. (REQUIRED) Replace all occupied and vacant occupiable lowlmoderate income housing demolished or converted as a direct result of HOME-assisted project activities, and makes such replacement housing affordable for at least ten years. The substantial cost of providing such replacement housing serves as a strong deterrent to unnecessary displacement. (REQUIRED) Consider all practical alternatives to any proposed project, which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, both financial and non-financial, of each alternative. ~~ Sara J. Fisher, Chair n of the Eagle County Board of County Commissioners Date NOTE: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN AMULTI-JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN. ~~~H--~.~.#~Fi~c~~ia,illw~-~~~~~.~~~r;.i~~tg OFFICE OF THE BOARD OF COUNTY COMMISSIONERS (970) 328-8605 FAX: {970) 328-8629 EMAIL: eagleadmin _.eaglecounty.us www.eaglecounty.us f~GL~ COUNTY April 22, 2009 SARAJ. FISHER PETER F. RUNYON JON STAVNEY EAGLE RIVERVIEW AFFORDABLE HOUSING CORPORATION, a Colorado non-profit corporation PO Box 850, Eagle CO 81631 Re: Property at: 39169 US HWY 6 and 24 Purchase Price: Six Million Five Hundred Thousand and No/Dollars ($6,500,000.00}. Buyer: RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership This is to inform you that RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership would like to purchase the property listed above. We have offered you the purchase price listed above for clear title to the property under the conditions described in the contract of sale. Because Federal funds may be used in the purchase, however, we are required to disclose to you the following information: 1. This sale is voluntary. If you do not wish to sell, RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership will not acquire your property. RIVERVIEW APARTMENTS PRESERVATION LP, a Colorado limited partnership does not have the authority to acquire your property by force. 2. We estimate the fair market value of the property to be: Six Million Five Hundred Thousand. and No/Dollars ($6,500,000.00). Since the purchase would be a voluntary, arm's length transaction, you would not be eligible for relocation payments or other relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 {URA),. or any other law or regulation. If you have any questions about this matter, please contact (contact person) at (phone number) Sincerely, Applicant signature: RIVERVIEW APARTMENTS PRESERVATION LP By: Sara J. Fisher Chairman Eagle County Board of County Commissioners I have read the above and agree with the stateme therein: Owner signature: ~' ,~ EAGLE RIVER IEW AFFORDABLE USING CORPORATION, a Colorado non-profit corporation By: Peter Runyon Director E C~}(~~~A~~licati~n~~-~9_~~r~rking ~~;~ ~: ~ ~ ~ ~~ ~~, ~~L ... . ATTACHMENT H STANDARD INSURANCE REQUIREMENTS State of Colorado insurance requirements are as follows and apply to ali CD4H funded projects. Grantee and its sub-grantees and subcontractors shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. Grantee Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the Governmental Immunity Act"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy orself-insurance, as is necessary to meet its liabilities under such Act. Grantee,shall show proof of such insurance satisfactory to the Department, if requested by the Department. Grantee shall require each grant or contract with asub-grantee or subcontractor which is a public entity, providing Goods or Services in connection with this Grant, to include the insurance requirements necessary to meet sub-grantees liabilities under the Act. Non-Public Entities If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in subsection B of this section with respect tosub-grantees and sub-contractors which are not "public entities". Sub-grantees and Subcontractors Grantee shall require each contract with asub-grantee or subcontractor, other than those that are public entities, providing Goods or Services in connection with this Grant to include insurance requirements substantially similar to the following: Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of sub- , grantee or subcontractor employees acting within the course and scope of their employment. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: ^ $1,000,000 each occurrence; $1,000,000 products and completed ^ $1,000,000 general aggregate; operations aggregate; and ^ $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, sub-grantee or subcontractor shall immediately obtain additional insurance to restore the full aggregate -limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 201011185, CG 2037, or equivalent). Primacy of Coverage Coverage required of the sub-grantee or subcontractor shall be primary over any insurance or self insurance program carried by Grantee or the State. Cancellation The above insurance policies shall include provisions preventing cancellation ornon-renewal without at least 45 days prior notice to the Grantee and the State by certified mail. Subrogation Waiver All insurance policies in any way related to the Grant and secured and maintained by Grantee's sub-grantees or subcontractors as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. Certificates Each of Grantee's subcontractors and subgrantees shall provide certificates showing insurance coverage required hereunder to Grantee within seven business days of the Effective Date, but in no event later than the commencement of the Services or delivery of the Goods. under the subcontract or subgrant. No later than 15 days prior to the expiration date of any such coverage, each subcontractor or subgrantee shall deliver to Grantee certificates of insurance evidencing renewals thereof upon request by the Department or at any other time during the term of a subcontract or subgrantee, Grantee may request in writing, and the subcontractor or subgrantee shall thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the Department of compliance with the provisions of this section. .~ I agree to provide and maintain the insurance as described above Sara J. Fisher, Chairman of the Eagle County Board of Count Commissioners -t ATTACHMENT I IMMIGRATION POLICY State of Colorado legal resident requirements are as follows and apply to all CDOH funded projects; Legal Resident. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq. when such individual applies for public benefits provided under this Grant by requiring the following: Identification: The applicant shall produce one of the following personal identifications: A valid Colorado driver's license or a Colorado identification card, issued pursuant to article 2 of title 42, C.R.S.; or A United States military card or a military dependent's identification card; or A United States Coast Guard Merchant Mariner card; or A Native American tribal document. Affidavit The applicant shall execute an affidavit herein attached as Form 2, Affidavit of Legal Residency, stating: That they are United States citizen or legal permanent resident; or That they are otherwise lawfully present in the United States pursuant to federal law. I agree to provide and maintain the legal resident requirements as described above Sara J, Fisher, Chairman of the Eagle County Board of County Commissioners The Contract will include Farm 2, an attachment each recipient of housing assistance must sign and provide valid photo ID: FORM 2 AFFIDAVIT OF LEGAL RESIDENCY I, Sara J. Fisher , swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): ~ I am a United States citizen, or ^ I am a Permanent Resident of the United States, or ^ I am lawfully present in the United States pursuant to Federal law. I that this sworn statement is required bylaw because 1 have applied for a public benefit or I am a sole proprietor entering into a contract or purchase order with the State of Colorado, I understand that state law requires me to provide proof that l am lawfully present in the United States prior to receipt of this public benefit or prior to entering into a contract with the State. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under CRS §18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature ~•~`V~ Date G~CH_~~~~,icatic~n._ -Ci~4~~r~r~binc~ ~= ~ 4;~ ~ J ~:~ ~- u TERM SHEET 1) Requested hearing date: First choice) 05/05/09 (Second choice) 05/12/09 2) For County Manager signature: N/A 3) Requesting department: Housing and Development Department 4) TT tle: Department of Local Affairs, Colorado Department of Housing, Application for Grant Assistance 5) Check one: Consent: X rr-~tl~ ecord: 6) Staff submitting: Yuri Kostick ~. 7) Purpose: $432,000.00 Grant request to rehabilitate Riverview Apartments Schedule: Pending Application with the State agency review 8) 9) 9) Financial considerations: NIA 0_,: ., f _ A ~,. ,.~~. ~ ~~~ ~- ,` .X~~~.-ate ~' ~~ ~3 ~ ~ ~l ~J 3~ ~~ AP~RR~~ED AS TO FARM ~~~ ~~ ~~gle County Attorney's Qffice r `~ac~i~ County Commissioners' Qffice