25.07.22 IGA EC Housing and Development Authority and the Town of AvonAgenda Item Details
Public Content
Meeting Jan 01, 2050 - *****Signature Workflow*****
Category A.BoCC Signature
Subject 8.Intergovernmental Agreement Between Eagle County Housing and Development
Authority and the Town of Avon
Access Public
Type Action
Preferred Date Jul 15, 2025
Absolute Date Jul 22, 2025
Fiscal Impact Yes
Budgeted Yes
Budget Source Revenue to buy down Good Deeds purchases
Recommended
Action
Approve
Goals Goal 2. Eagle County is a Great Place to Live for All
Prepared By: Kim Bell Williams & Jesus Camunez
Department: Housing
Executive Summary: This Intergovernmental Agreement between ECHDA and the Town of Avon will
expand the Good Deeds program with the first Community Partner with the town of Avon. This Community
Partner Program matches the 15% purchase from ECHDA to provide an additional 15% buy down for a total
of a 30% buy down on a Good Deeds property located within the town of Avon.
Currently, the Good Deeds program allows a home buyer to purchase a unit up to $1,250,000. With the buy
down and in exchange for placing a price capped deed restriction on the market rate unit, this program
helps local home buyers and restricts future sales to local residents. This program has seen over 150 units
in the 4 years the program has been in place. This Community Partner Program expands the program, while
providing a deeper buy down for buyers within the town of Avon.
Reviewing Attorney: Ben Morris
BoCC signature?: Yes, as ECHDA
7/8/25, 4:24 PM BoardDocs® Plus
https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login#1/2
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Approved as
to form:
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INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY HOUSING
AND DEVELOPMENT AUTHORITY AND THE TOWN OF AVON
This Intergovernmental Agreement (“Agreement”) is made and entered into this 22nd
day of July 2025 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 (the “Town”) (each a “Party” and collectively the “Parties”).
WITNESSETH
WHEREAS, the cost of homeownership in the Town of Avon and Eagle County has
significantly increased in recent years, creating a need for innovative programs to continue to
support housing affordability for local residents and workers; and
WHEREAS, ECHDA administers the Good Deeds Program, a countywide initiative
designed to increase access to homeownership through the purchase of deed restrictions on
market-rate housing; and
WHEREAS, the Town and ECHDA have collaborated on the creation and launch of
Good Deeds Avon, a localized extension of the Good Deeds Program’s Community Partner
Program, in which ECHDA and the Town each contribute 15% of the purchase price of eligible
properties, subject to program caps and the imposition of a Price Capped Deed Restriction; and
WHEREAS, The Valley Home Store (“TVHS”), a centralized affordable housing
management organization owned and operated by ECHDA, provides program administration and
real estate services in support of this initiative; and
WHEREAS, the Town desires to work with ECHDA for the administration of Good
Deeds Avon, including eligibility screening, buyer support, document preparation, and
coordination of funding for qualifying purchases within the Town’s jurisdictional boundaries;
and
WHEREAS, this Agreement is authorized pursuant to Section 29-1-201 and Section 30-
11-101, Colorado Revised Statutes, and Article XIV, Section 18 of the Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Parties agree as follows:
1.Services or Work. ECHDA shall, through TVHS or its successor, serve as the
administrator of the Good Deeds Avon Program (the “Program”) and shall oversee all day-to-day
implementation tasks in accordance with this Agreement and Program guidelines. Further to this:
a.ECHDA shall qualify and approve purchasers in accordance with the
Program Guidelines, Deed Restriction Purchase Agreement, and the Price Capped For
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Sale Deed Restriction, as approved by both the Town Attorney and the County Attorney
and shall prepare and provide all necessary deed restriction documentation for closings.
b. ECHDA shall notify the Town in advance of pending applications and
confirm available Town funds prior to approving any application that requires a Town
contribution.
c. ECHDA shall include the Town's Housing Planner and/or
housing@avon.org on all communications with the buyer and title company, including
notices of application approval, funding amounts, and scheduled closing dates.
d. ECHDA shall provide the Town with no less than two (2) weeks'
advanced notice of any invoice for the Town's funding contribution, including title
company information necessary for wire transfers.
e. ECHDA shall communicate the Town's participation in the Program on
the TVHS website and include a hyperlink to the Town's website.
f. ECHDA shall contribute up to fifteen percent (15%) of the purchase price
of each applicable qualifying property not to exceed applicable Program caps or available
funds, and subject to the Deed Restriction Purchase Agreement, Price Capped For Sale
Deed Restriction, and subject to the imposition of such deed restriction against the
qualifying property.
g. ECHDA shall notify the Town in writing of the amount budgeted annually
for the Program for each fiscal year and shall communicate with the Town regarding the
Program’s budget following ECHDA’s appropriation thereafter as necessary. If all
budget appropriations are spent prior to the end of the fiscal year, the Program may be
paused until further funds are available.
2. Contribution by the Town. The Town shall contribute up to fifteen percent
(15%) of the purchase price for each applicable qualifying property subject to the Deed
Restriction Form, not to exceed applicable Program caps or appropriations. Further to this:
a. All Town contributions shall be subject to annual appropriation. If all
budget appropriations are spent prior to the end of the fiscal year, the Program may be
paused until further funds are available.
b. The Town shall notify ECHDA in writing of the amount budgeted for the
Program for each fiscal year following the Town’s annual appropriation process and shall
communicate with ECHDA regarding the Program’s budget thereafter as necessary.
3. Term of Agreement. This Agreement shall be effective upon execution by both
parties and shall continue until December 31, 2025, unless earlier terminated as provided herein.
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4. Extension. The Town and ECHDA may mutually renew and extend annually.
Such renewal and extension shall occur automatically on January 1 of each year, unless
terminated by one of the Parties with thirty (30) days written notice. Any other change or
modification to the Agreement shall be in writing signed by each Party. The Town’s Manager
may approve Renewal Requests on behalf of the Town.
5. Termination Either Party may terminate this Agreement at any time for any
reason, with or without cause, by providing thirty (30) days written notice to the other Party. If 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.
6. 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: Kim Bell Williams
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: kim.williams@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
E-mail: atty@eaglecounty.us
TOWN:
Attention: Town Manager
Post Office Box 975
Avon, CO 81620
Telephone: 970-748-4452
Facsimile: 970-748-4417
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E-mail: townmanager@avon.org
with a copy to:
Town of Avon Town Attorney
P.O. Box 975
Avon, CO 81620
E-Mail: townattorney@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 either the Town or ECHDA. Absolutely no third-party beneficiaries are intended by
this Agreement.
c. 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.
d. 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.
e. Severability. All agreements and covenants herein are severable, and if
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.
f. 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 law to the Town or ECHDA, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Town or ECHDA and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental
Immunity Act, Title 24, Article 10, Part I of the Colorado Revised Statutes.
g. 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.
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h. Article X, Section 20/TABOR. The Parties understand and acknowledge
that the Town and ECHDA are subject to Article X, §20 of the Colorado Constitution
("TABOR"). The Parties do 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 the Parties are expressly dependent and conditioned upon the continuing
availability of funds beyond the term of the Parties’ current fiscal period. Financial
obligations of the Parties 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 the Parties, and other applicable
law. Upon the failure to appropriate such funds, this Agreement shall be terminated.
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: _____________________________
Jeanne McQueeney, Chair
Attest:
By: ____________________________
Kim Bell Williams, Secretary
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TOWN OF AVON
By: ___________________________
Tamra Underwood
Mayor
Attest:
By: ___________________________
Brenda Torres, Town Clerk
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