10-25-2016 IGA between Eagle County Housing and Development Authority and the Town of AvonINTERGOVERNMENTAL AGREEMENT BETWEEN
EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
AND THE TOWN OF AVON
This Intergovernmental Agreement ( "Agreement ") is made and entered into on
November 1, 2016 by and between Eagle County Housing and Development Authority, a body
corporate and politic ( "ECHDA ") and the Town of Avon, a Colorado home -rule municipal
corporation ( "Town ").
WITNESSETH
WHEREAS, the Town has a portfolio of deed restricted housing units described in
Exhibit B: Avon Housing Deed Restrictions attached hereto and incorporated by reference
( "Deed Restriction(s) "); and
WHEREAS, the median price of free market housing in the Town of Avon exceeds what
residents earning the area median income can afford, creating a lack of housing affordable for the
local workforce of the Town; and
WHEREAS, the Urban Land Institute recommended forming a regional housing body to
address the lack of affordable housing with participation from public and private sectors
throughout Eagle County; and
WHEREAS, ECHDA, in a multi jurisdictional effort, has opened a centralized affordable
housing management organization known as The Valley Home Store ( "TVHS ") to provide one
physical and electronic location in Eagle County to purchase housing stock affordable to Eagle
County's workforce; and
WHEREAS, The Valley Home Store was formed by the Eagle County Housing and
Development Authority in 2008 and ECHDA is the majority member of TVHS with 99.9%
ownership (Eagle County Housing and Development Authority and The Valley Home Store may
collectively be referred to as "ECHDA/TVHS "); and
WHEREAS, the Town desires to contract with ECHDA for the performance of the
affordable housing services on the terms and conditions in this Agreement; and
WHEREAS, ECHDA is agreeable to rendering such affordable housing services on the
terms and conditions hereinafter set forth; and
WHEREAS, this Agreement is authorized pursuant to Section 29 -1 -201 and 30 -11 -101,
Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
ECHDA -Town of Avon IGA, October 25, 2016
Page 1 of 10
ECHDA16 -009
APPRO AS TO F0RM
By :_
13y: Eagle tounty Attorney's Office
Eagle Courty Comrnissioners' Office
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, the parties hereto agree hereby as follows:
1. Services or Work. ECHDA agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the services or work described in Exhibit A:
Services ( "Services ") which is attached hereto and incorporated herein by reference: The
Services shall be performed in accordance with the provisions and conditions of this Agreement.
In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set
forth in this Agreement shall prevail. The Town may modify Exhibit B: Avon Housing Deed
Restrictions at any time and the amended Exhibit B shall become part of this Agreement when
provided to ECHDA.
2. Term of the Agreement. This Agreement shall commence January 1, 2017, and shall
continue in full force and effect through December 31, 2017.
3. Extension. Town and ECHDA may mutually renew and extend the Agreement for
additional one -year terms. Such renewal and extension shall occur by Town sending via a -mail a
renewal request ( "Renewal Request ") to ECHDA. ECHDA may accept the Renewal Request
via e-mail. Any other change or modification to the Agreement shall be in writing signed by
each party. The Avon Town Manager may approve Renewal Requests and rate adjustments on
behalf of the Town.
4. Termination. Either party shall have the right to terminate this Agreement at any time
and for any reason, with or without cause, and without penalty, by giving the other party thirty
(30) days' prior written notice of termination. In the event that a party fails to substantially
perform the duties and obligations set forth in this Agreement, the other party may terminate this
Agreement upon seven (7) days written notice to the non - performing party, unless the non-
performing party cures the breach within the seven (7) day remedy period. Upon termination,
ECHDA shall be entitled to compensation for Services performed prior to such termination, and
both parties shall thereafter be relieved of any and all duties and obligations under this
Agreement.
5. Compensation., Town shall compensate ECHDA for the performance of the Services in
a sum computed and payable as set forth in Exhibit A. Payment will be made for Services
satisfactorily performed within thirty (30) days' of receipt of a proper and accurate invoice from
ECHDA. All invoices shall include detail regarding the hours spent, tasks performed, who
performed each task and such other detail as Town may request.
6. Official Status. For the purpose of performing the Services and functions set forth in
this Agreement, Eagle County Housing and Development Authority and The Valley Home Store
shall enforce, as the Town's agent, the terms of any Deed Restrictions and any Town ordinances
relating to Deed Restrictions or affordable housing now in effect and as may be amended from
time to time.
ECHDA -Town of Avon IGA, October 25, 2016
Page 2 of 8
7. Enforcement. ECHDA/TVHS shall promptly notify the Town of the following: (1) any
action to enforce the terms of a Deed Restriction; (2) ECHDA/TVHS's receipt of notification or
knowledge of a foreclosure on property with a Deed Restriction; (3) any evidence of non-
compliance with a Deed Restriction; or (4) any dispute concerning the interpretation and
application of the terms of a Deed Restriction. In the event of any legal or court action
concerning a Deed Restriction, ECHDA/TVHS and the Town shall coordinate as deemed
appropriate by the Town. The Town shall always maintain the right to interpret, enforce, protect,
defend or modify any Deed Restriction in the Town's sole discretion.
8. Records Management. ECHDA and TVHS agree the following terms for records
management and access:
a. ECHDA and TVHS shall provide access to records created or maintained by ECHDA or
TVHS upon request by the Town within a reasonable time.
b. ECHDA/TVHS shall follow the Town of Avon's municipal records retention schedule
for all records maintained by ECHDA/TVHS.
c. ECHDA/TVHS and Town shall promptly notify each other of the receipt of any public
records requests under the Colorado Open Records Act. The parties shall coordinate the
response to any public records request concerning this Agreement or any records created or
maintained under this Agreement.
d. Upon termination or expiration of this Agreement, ECHDA/TVHS shall deliver to the
Town all records held, created and maintained by this Agreement within seven (7) business
days.
9. Personnel. ECHDA and TVHS and their respective staff shall have full cooperation
from the Town and its employees, so as to facilitate the performance of this Agreement.
a. All persons employed in the performance of such Services for the Town, pursuant to this
Agreement, shall be employees of Eagle County Government. Staff working at TVHS are
licensed real estate agents in the State of Colorado. The Valley Home Store is a licensed real
estate brokerage company.
b. It is expressly acknowledged and understood by the parties hereto that nothing contained
in this Agreement shall result in, or be construed as establishing an employment relationship
between the parties. The rendition of the Services provided for herein, the standards of
performance, the discipline of staff, and other matters incident to the performance of such
Services and the control of personnel so employed, shall remain with ECHDA.
10. Liability and Insurance. ECHDA and The Valley Home Store, their officers and
employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or
omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers
and employees, shall not be deemed to assume any liability for intentional or negligent acts,
errors or omissions of ECHDA or by any officer or employee thereof.
ECHDA -Town of Avon IGA, October 25, 2016
Page 3 of 8
a. ECHDA agrees to indemnify, defend and hold harmless, to the extent allowed by law, the
Town, its respective agents, officers, servants and employees of and from any and all loss,
costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, arising out of or related to ECHDA's intentional or negligent acts, errors or
omissions or that of its agents, officers, servants, and employees, whether contractual or
otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless, to the extent
allowed by law, ECHDA and The Valley Home Store, their respective agents, officers,
servants and employees of and from any and all loss, costs, damage, injury, liability, claims,
liens, demands, action and causes of action whatsoever arising out of or related to the Town's
intentional or negligent acts errors or omissions or that of its agents officers, servants and
employees, whether contractual or otherwise.
b. ECHDA and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each party may deem adequate and
necessary for any potential liability arising from this Agreement. Further, ECHDA and the
Town, respectively, shall name, subject to the approval of each respective party's insurance
carvers, the other respective party as a co- insured under such insurance policies to the extent
of any potential liability arising under this Agreement and, upon reasonable written request,
shall furnish evidence of the same to the other respective party.
11. General Provisions.
a. Notices. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town and ECHDA, under this Agreement, shall be in writing and
shall be deemed to have been given or served, if mailed by certified mail, postage prepaid, or
e- mailed with confirmation of receipt by the recipient, or hand delivered to the parties as
follows:
ECHDA:
Attention: Jill Klosterman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970 -328 -8773
Facsimile: 970 -328 -8787
E -mail: jill,klostennan @eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8685
Facsimile: 970 - 328 -8699
ECHDA -Town of Avon IGA, October 25, 2016
Page 4 of 8
E -mail: atty @eaglecounty.us
TOWN:
Town of Avon:
Town Manager
Post Office Box 975
Avon, CO 81620
Telephone: 970 -748 -4452
Facsimile: 970- 748 -4417
E -mail: vegger @avon.org
with a copy to:
Town of Avon
Town Attorney
P.O. Box 975
Avon, CO 81620
E -Mail: townattomey @avon.org
Either party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of change of
address given in the manner set forth in this paragraph.
b. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or
shall create a contractual relationship with, cause of action in favor of, or claim for relief for,
any third party, including any agent, sub - consultant or sub - contractor of Customer.
Absolutely no third party beneficiaries are intended by this Agreement. Any third -party
receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
c. Modification. This Agreement contains the entire agreement between the parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the party against whom enforcement of such
change, modification, or termination is sought.
d. Entire Agreement. This written Agreement embodies the whole agreement between the
parties hereto and there are no inducements, promises, terms, conditions, or obligations made
or entered into either by ECHDA or the Town other than those contained herein.
e. Assignment. This Agreement shall be binding upon the parties hereto, their successors
or assigns and may not be assigned by anyone without the prior written consent of the other
respective party hereto. Any attempt to assign this Agreement without the consent of the
other party shall be null and void.
L Severability. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall
be interpreted as if such invalid Agreement or covenant were not contained herein.
g. Representation of Authority. The Town has represented to ECHDA and, likewise,
ECHDA has represented to the Town, that it possesses the legal ability to enter into this
Agreement. In the event that a court of competent jurisdiction determines that either of the
parties hereto did not possess the legal ability to enter into this Agreement, this Agreement
shall be considered null and void as of the date of such Court determination.
h. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed
to waive, limit, or otherwise modify any governmental immunity that may be available by
ECHDA -Town of Avon IGA, October 25, 2016
Page 5 of 8
law to the Avon, its officials, employees, contractors, or agents, or any other person acting on
behalf of the Avon and, in particular, governmental immunity afforded or available pursuant
to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado
Revised Statutes.
L Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado. The parties agree that venue in any action to enforce
or interpret this Agreement shall be in the District Court for Eagle County, Colorado.
j. Article X, Section 20fFABOR. The Parties understand and acknowledge that the Town
is subject to Article X, §20 of the Colorado Constitution ( "TABOR "). Town does not intend
to violate the terms and requirements of TABOR by the execution of this Agreement. It is
understood and agreed that this Agreement does not create a multi - fiscal year direct or
indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding
anything in this Agreement to the contrary, all obligations of Town are expressly dependent
and conditioned upon the continuing availability of funds beyond the term of Town's current
fiscal period ending upon the next succeeding December 31. Financial obligations of Town
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules,
regulations, and resolutions of Town, and other applicable law. Upon the failure to
appropriate such funds, this Agreement shall be terminated.
[REST OF PAGE INTENTIONALL Y LEFT BLANK]
ECHDA -Town of Avon 1GA, October 25, 2016
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first set forth above.
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
By: r
J nne McQue e , Chair
0
Attest:
By: Pp.
Teak J. Simonton, Clerk
TO
LE
Attest:
Town Clerk
ECHDA -Town of Avon IGA, October 25, 2016
Page 7 of S
EXHIBIT A
SCOPE OF SERVICES AND FEES
The following services will be provided to the Town by ECHDA/TVHS:
1. Qualifications for the resales of the Town's deed restricted housing stock.
a. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the
process.
b. ECHDA/TVHS will calculate maximum resale prices for sellers, including
calculation of capital improvements.
c. ECHDA/TVHS will qualify buyers.
d. ECHDA/TVHS will prepare and provide required deed restricted documentation
for closings.
e. Compensation for this service will be $250 for each unit listed for sale either on
the MLS or by other means. The fee will be paid by the Town to ECHDA/TVHS.
2. Employee Housing Unit Compliance.
a. Send up to 3 requests for affidavits and compile responses.
b. Provide list of outstanding affidavits to Town by a mutually agreed upon date.
c. Town will maintain responsibility for enforcement.
d. Mailing costs, if any, will be reimbursed by Town.
e. Compensation for this service will be paid by the Town to ECHDA/TVHS on an
hourly basis not to exceed $7,800 per calendar year. The not -to- exceed amount is
based on 120 hours of work at $65/hour.
3. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town's
affordable housing program.
a. Communicate Town's information on TVHS website, and provide a link to the
TVHS website from the Town's website.
b. Provide at least one in- person first -time homebuyer education course to be held in
Avon.
c. Provide one in- person homebuyer education course for Town of Avon employees.
d. Provide individual credit counseling or budgeting sessions to buyers or owners of
Town units or down payment assistance programs.
e. Attend work sessions with Town Council as requested and recommend best
practices.
f. Compensation for this service wiI1 be paid by the Town to ECHDA/TVHS on an
hourly basis not to exceed $2,600 per calendar year. This not -to- exceed amount
is based on 40 hours of work at $65 /hour.
ECHDA -Totivn of Avon IGA, October 25, 2016
Page 8 of 8
EXHIBIT B
TOWN OF AVON DEED RESTRICTED HOUSING
PROJECT NAME
UNIT
BED
BATH
AREA
(s q. ft.)
RENTAL
PARCELNUM
NO. OF
UNITS
LODGE AT BROOKSIDE
113
1
2
967
N
210511205013
0
LODGE AT BROOKSIDE
211
1
2
719
N
210511205025
0
LODGE AT BROOKSIDE
311
1
2
872
N
210511205038
0
CHAPEL SQUARE (BLDG B)
204
1
1
630
N
210512116020
0
CHAPEL SQUARE (BLDG B)
206
1
1
584
N
210512116022
0
CHAPEL SQUARE (BLDG B)
216
1
1
581
N
210512116031
0
CHAPEL SQUARE (BLDG B)
218
1
1
626
N
210512116033
0
CHAPEL SQUARE (BLDG B)
304
1
1
630
N
210512116052
0
CHAPEL SQUARE (BLDG B)
306
1
1
584
N
210512116054
0
CHAPEL SQUARE (BLDG B)
316
1
1
581
N
210512116063
0
CHAPEL SQUARE (BLDG B)
318
1
1
626
N
210512116065
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E201
3
1
849
N
210512222001
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E202
2
1
497
Y
210512222002
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E203
1
1
405
N
210512222003
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E204
1
1
405
Y
210512222004
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E205
1
1
405
Y
210512222005
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E206
1
1
405
Y
210512222006
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E207
0
1
222
Y
210512222007
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E208
0
1
230
Y
210512222008
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E209
0
1
230
Y
210512222009
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E210
0
1
230
N
210512222010
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E301
3
1
807
N
210512222011
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E302
2
1
495
Y
210512222012
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E303
1
1
405
N
210512222013
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E304
1
1
405
Y
210512222014
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E305
1
1
405
Y
210512222015
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E306
1
1
405
Y
210512222016
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E307
0
1
222
N
210512222017
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E308
0
1
230
N
210512222018
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E309
0
1
230
Y
210512222019
0
MOUNTAIN VISTA EMPLOYEE HOUSING
E310
0
1
230
N
210512222020
0
LAKESIDE TERRACE CONDOMINIUMS
B204
1
1
541
Y
210512217015
0
LAKESIDE TERRACE CONDOMINIUMS
B205
2
1
645
Y
210512217016
0
WILDWOOD TOWNHOMES NORTH
C1
3
2
1,266
N
194335412001
0
WILDWOOD TOWNHOMES NORTH
C2
2
1
1,020
N
194335412002
0
WILDWOOD TOWNHOMES NORTH
C3
2
1
1,020
N
194335412003
0
WILDWOOD TOWNHOMES NORTH
C4
2
1
1,020
N
194335412004
0
WILDWOOD TOWNHOMES NORTH
C5
3
2
1,266
N
194335412005
0
WILDWOOD TOWNHOMES SOUTH
Al
3
2
1,266
N
194335411001
0
WILDWOOD TOWNHOMES SOUTH
A2
2
1
1,020
N
194335411002
0
WILDWOOD TOWNHOMES SOUTH
A3
2
1
1,020
N
194335411003
0
WILDWOOD TOWNHOMES SOUTH
A4
2
1
1,020
N
194335411004
0
WILDWOOD TOWNHOMES SOUTH
A5
2
1
1,020
N
194335411005
0
WILDWOOD TOWNHOMES SOUTH
A6
3
2
1,266
N
194335411006
0
WILDWOOD TOWNHOMES SOUTH
B1
3
2
1,266
N
194335411007
0
WILDWOOD TOWNHOMES SOUTH
B2
2
1
1,020
N
194335411008
0
WILDWOOD TOWNHOMES SOUTH
B3
2
1
1,020
N
194335411009
0
WILDWOOD TOWNHOMES SOUTH
B4
2
1
1,020
N
194335411010
0
WILDWOOD TOWNHOMES SOUTH
B5
2
1
1,020
N
194335411011
0
WILDWOOD TOWNHOMES SOUTH
B6
3
2
1,266
N
194335411012
0
GRANDVIEW
101
1
1
715
Y
210502415001
0
GRANDVIEW
102
2
2
870
N
210502415002
0
GRANDVIEW
103
2
2
823
N
210502415003
0
GRANDVIEW
104
2
2
870
N
210502415004
0
GRANDVIEW
105
2
2
823
N
210502415005
0
GRANDVIEW
106
2
2
1,002
N
210502415006
0
GRANDVIEW
201
1
1
576
Y
210502415007
0
GRANDVIEW
202
2
2
870
N
210502415008
0
GRANDVIEW
203
2
2
870
N
210502415009
0
GRANDVIEW
204
2
2
870
N
210502415010
0
GRANDVIEW
205
2
2
870
N
210502415011
0
GRANDVIEW
206
2
2
864
N
210502415012
0
CITY MARKET
0
0
0
Y
210512102023
14
BUFFALO RIDGE
0
0
0
Y
210307202001
244
EAGLEBEND APARTMENTS
0
0
0
Y
210512406015
294
RIVERSIDE APARTMENTS
0
0
0
Y
210512407002
54
FALCON POINTE CONDO INTERVAL
504
1
1
659
Y
210512211045
1
GANDORF
D
3
2 1
1,491
N
194335431004
0