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HomeMy WebLinkAboutR15-039 Housing and Development Authority Approving Documents wCPSC Commissioner Iv'-f h.e—, moved adoption of the following resolution: BOARD OF COMMISSIONERS EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY RESOLUTION NO.2015- 65 O RESOLUTION APPROVING DOCUMENTS ASSOCIATED WITH CASTLE PEAK SENIOR CARE PROJECT AND AUTHORIZING SIGNATURE THEREOF BY ANY DIRECTOR OR OFFICER OF EAGLE COUNTY HOUSING AND DEVELOPMENT CORPORATION AS MANAGER OF SENIOR CARE LAND COMPANY LLC WHEREAS, Senior Care Land Company LLC, a Colorado limited liability company("SCLC"), has been established for the purpose of, among other things, owning real property to assist in providing land upon which safe and decent affordable housing can be provided to residents of Eagle County, Colorado which may include,but not be limited to,those with low and moderate incomes in Eagle County, Colorado; and WHEREAS, Eagle County Housing and Development Authority("ECHDA")is the sole member of SCLC; and WHEREAS, SCLC and ECHDA entered into an Operating Agreement dated March 18, 2013 ("Operating Agreement"); and WHEREAS,pursuant to the Operating Agreement, Eagle County Housing and Development Corporation, a Colorado nonprofit corporation("ECHDC"), is the sole manager of SCLC and is authorized to execute,in the name and on behalf of SCLC, all instruments, documents and contracts; and WHEREAS, SCLC, ECHDA and ECHDC have been working to assist in the development of a senior living facility consisting of approximately forty-four(44) skilled nursing beds and approximately twenty(20)assisted living units to be located in Eagle,Colorado (hereinafter the"Castle Peak Senior Care Project"or"Project"); and WHEREAS, SCLC, of which ECHDA is the sole member, has been formed for purposes of initially acquiring the real property that will subsequently be conveyed to Castle Peak Senior Care, LLC, a Minnesota nonprofit limited liability company("Castle Peak"), and upon which the Project will be constructed; and WHEREAS, ECHDA, as the sole member of SCLC, desires to approve and authorize ECHDC to execute and deliver documents in connection with the SCLC's closing of the conveyance to Castle Peak of the land for the Castle Peak Senior Care Project. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY: THAT,in its capacity as the sole member of SCLC, ECHDA hereby approves the following documents and authorizes any officers or directors of ECHDC, the sole manager of SCLC,to execute and deliver the following agreements, documents and instruments in connection with SCLC's closing of the conveyance of land to Castle Peak for the Castle Peak Senior Care Project: 48818462.2 1. Final Plat Eagle Ranch Filing No. 29; and 2. Development Services Agreement between and among ECHDC,Augustana Senior Development II, LLC("ASDII")and Castle Peak; and 3. Land Agreement between SCLC and Castle Peak; and 4. Right of First Refusal and Option Agreement by and between SCLC and Castle Peak; and 5. Senior Care Restrictive Covenant executed by and among SCLC, ECHDA and Castle Peak; and 6. Special Warranty Deed from SCLC in favor of Castle Peak(for Lot 2, Eagle Ranch Filing No. 29); and 7. Special Warranty Deed from SCLC in favor of Castle Peak(for Tract B,Eagle Ranch Filing No. 29); and 8. Temporary Construction and Staging and Easement Agreement between SCLC and Castle Peak; and 9. Assignment of Development Improvements Agreement between SCLC and Castle Peak; and 10. Reciprocal Pedestrian Trail Easement Agreement between SCLC and Eagle County School District RE50J; and 11. Drainage Easement Agreement between SCLC and Castle Peak; 12. Agreement to Terminate and Relocate Holy Cross Easements and Assignment; and 13. Any and all other agreements, documents, instruments,papers and/or other materials necessary for SCLC's closing of the conveyance of the land for, and the financing, development and construction of,the Castle Peak Senior Care Project,together with any and all amendments,modifications, extensions,replacements or substitutions to any of the foregoing agreements, documents, instruments,papers and/or other materials. THAT, all actions previously taken and all agreements, documents and other instruments previously executed by ECHDA,both in its individual capacity and its capacity as the sole member of SCLC, in each case in connection with the acquisition, development, financing, construction and/or disposition of the Project are, in each case,hereby ratified, authorized,confirmed and approved in all respects. 48818462.2 2 MOVED,READ AND ADOPTED by the Board of Commissioners of the Eagle County Housing and Development Authority, at its regular meeting held this S day of IM..\ t , 2015. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By and Through Its (§,as, oc.c WARD OF COMMISSIONERS ATTEST: w 'e TILL 16" o o S OLO* '� By: — Y Clerk to t Board Kathy Chandler-Henry Chair and Commissioner rl�C Co J e McQueene Com s''ssioner /ian H. Ryan Commissioner Commissioner14"L QV .,L.,', seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Chandler-Henry Sc�z� Commissioner McQueeney 14–x,. Commissioner Ryan 4 Y ( d This resolution passed by vote of the Board of Commissioners of the Eagle County Housing and Development Authority. 48818462.2 3