The URL can be used to link to this page

Browse Search

Home My WebLink About20132535.tiff,11.11.10116-Z0 aaa4a \_OVA` M ir s aa•r 9.Yta�00 ia�a ...a.aa %`000'IL FCHA FORT COLLINS HOUSING AUTHORITY 1715 W. MOUNTAIN AVE. • FORT'COL!INS CO 00521 • PH: 970.416.2910 • FX: 970:221,0821: September 12, 2013 Ms. Ann Watts PAB Program Manager Colorado Division of Housing 1313 Sherman Street, Suite 500 Denver, CO 80203 Re: 2013 Private Activity Bond Carryforward Documentation Dear Ms. Watts: The Fort Collins Housing Authority (FCHA) intends to carryforward 2013 Private Activity Volume Cap in the aggregate amount of $14,736,353 for the purpose of rehabilitating and financing affordable housing units located in two separate projects in Fort Collins, Colorado. The private activity volume cap has been assigned to FCHA by the City of Fort Collins in the amount of $6,962,218 and by Weld County in the amount of $7,774,135. Name of Issuing Authority: Mailing Address: Issuing Authority Official: Legal Counsel: Principal Amount of Bonds to Be Issued: Carryforward Classification: Fort Collins Housing Authority 1715 W. Mountain Avenue, Fort Collins, CO 80521 Julie J. Brewen, Executive Director Jacob Carlton, Ballard Spahr LLP One Utah Center, Suite 800 Salt Lake City, UT 84111-221 Village on Plum: Up to $5,800,000 Villages at Cunningham Corner: Up to $25,000,000 IRS Code Section 146 (f) Project Information: The Village on Plum is a 95 unit affordable housing development owned by Villages, Ltd., the non-profit housing development corporate arm of Fort Collins Housing Authority. The property is located on the southeast corner of Taft Hill Road and West Plum Street in Fort Collins, Colorado and serves families with incomes from 30% - 50% of the Area Median Income. 020(3-.1535 F/005'7 FCHA and Villages, Ltd. will rehabilitate the property that was built in 1970 including new roofs, repair of failing sewer lines, parking lot replacements, community building addition and substantial site improvements. The total estimated project cost, including refinancing of the existing mortgage is $11.5 million. Sources of funding include PAB proceeds in an amount not to exceed $5,800,000, 4% Low Income Housing Tax Credits (LIHTC) and owner equity. The Villages on Cunningham Corner is a 284 unit affordable housing development owned by Housing Catalyst, LLC, a wholly owned entity of FCHA created to finance and develop affordable housing under the LIHTC program. The property is located at the northeast corner of Shields Street and Horsetooth Road in Fort Collins, Colorado and serves households with income between 45% and 60% of the Area Median Income. Housing Catalyst purchased the property in 2012 using interim financing with the intent of securing 4% LIHTC, PAB financing in an amount not to exceed $25,000,000, owner equity and state and city grants for the permanent financing and rehabilitation of the property. Rehabilitation of the units that were constructed in the early 1990s will include new roofs, new parking lots, HVAC and water heater upgrades, fixture replacements, repair to decks and siding. The total estimated project cost, including permanent financing, is $41,155,186. Please contact Darcy McClure, Project Manager, for additional information regarding these projects at dmcclure@fcgov.com or 970.416.2839. Sincerely, Julie J. Brewen Executive Director Attachments: City of Fort Collins City Council Resolution #2013-069 City of Fort Collins Assignment Agreement Weld County Board of County Commissioners Resolution Weld County Assignment Agreement Fort Collins Housing Authority Board of Commissioners Resolution #13-18 Fort Collins Housing Authority Board of Commissioners Resolution #13-19 Certification of Resolutions Bond Counsel Opinion Letters CC: Susan Beck-Ferkiss, City of Fort Collins Jacob Carlton, Ballard Spahr LLP Monica Mika, Weld County Mike Pacheco, Colorado Housing Finance Authority STATE OF COLORADO) SS COUNTY OF WELD ) CLERK TO THE BOARD PHONE: (970) 336-7215, EXT.4218 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 I, Monica Daniels -Mika, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2013-2535, dated September 9, 2013, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 10th day of September, 2013. DEPUTY CLERK TO THE CORRECTED RESOLUTION (Correcting the original Resolution approved August 28, 2013, as to the type of bonds and description of the bonded activities.) RE: APPROVE AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS HOUSING AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY, COLORADO, PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, is authorized and empowered under the laws of the State of Colorado (the "State") to issue tax- exempt bonds for the purpose of assisting in the financing the acquisition and rehabilitation of rental housing projects for low and moderate income persons and families in Fort Collins, Larimer County, Colorado, and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to provide such mortgage loans and for certain other purposes, and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the City of Fort Collins Housing Authority (the "Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority, and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Board of County Commissioners of Weld County, Colorado, has an allocation of the 2013 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2013 (the "2013 Allocation"), and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined that, in order to increase the availability of adequate affordable housing for low- and moderate -income persons and families within Weld County, Colorado, and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2013 Allocation, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined that the 2013 Allocation, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of assisting in the financing the acquisition and rehabilitation of rental housing projects for low and moderate income persons and families in Fort Collins, Larimer County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined to assign $7,774,135 of its 2013 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the Board of County Commissioners of Weld County, Colorado, and the Authority (the "Assignment of Allocation"). r, F11Oh- 1ef-bya-Calltn3 to 2013-2535 FI0057 CORRECTED ASSIGNMENT OF ALLOCATION - CITY OF FORT COLLINS HOUSING AUTHORITY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, as follows: 1. The assignment to the Authority of $7,774,135 of the Weld County, Colorado, 2013 Allocation be and hereby is approved. 2. The form and substance of the Assignment of Allocation be and hereby are approved; provided, however, that the Board of County Commissioners of Weld County, Colorado, be and hereby is authorized to make such technical variations, additions, or deletions in or to such Assignment of Allocation as it shall deem necessary or appropriate and not inconsistent with the approval thereof by this Corrected Resolution. 3. The Board of County Commissioners of Weld County, Colorado, be and hereby is authorized to execute and deliver the Assignment of Allocation on behalf of Weld County, Colorado, and to take such other steps or actions as may be necessary, useful, or convenient to effect the aforesaid assignment in accordance with the intent of this Corrected Resolution. 4. If any section, paragraph, clause, or provision of this Corrected Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Corrected Resolution. 5. This Corrected Resolution shall be in full force and effect upon its passage and approval. The above and foregoing Corrected Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2013. BOARD O ` . NTY COMMISSIONERS WELD , s. LORADO ATTESS9� Weld County Clerk to the Boa ademac Barbara Kirkmeyer Sean P. Conway Mike Freeman ou`nty Attorney Date of signature: POPS c. 2013-2535 FI0057 CERTIFICATE OF WELD COUNTY ATTORNEY CONCERNING ASSIGNMENT OF PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION I, the undersigned, hereby certify that I am the County Attorney of Weld County, Colorado (the "County"), and that: 1. The County is a legally and regularly created, established, organized, and existing county under the Constitution and laws of the State of Colorado, its full corporate name being "Weld County, Colorado." 2. The County has been previously notified that, pursuant to Section 24-32-1706 of the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), it has an allocation of the State ceiling (as defined in the Allocation Act) for 2013 in the amount of $7,774,135.00 (the "2013 Allocation"). 3. Attached hereto as Exhibit A is a true and correct copy of a corrected resolution and the related minutes thereto (the "Corrected Resolution") authorizing the assignment to the City of Fort Collins Housing Authority (the "Authority") of all of the 2013 Allocation in an amount equal to $7,774,135.00 (the "Assigned Allocation"), and authorizing the execution and delivery of an Assignment of Allocation, dated as of September 9, 2013 (the "Assignment of Allocation"), between the County and the Authority in connection therewith, which Corrected Resolution was duly adopted by the Board of County Commissioners of the County (the "Board") at a meeting thereof held on September 9, 2013, at which meeting a quorum was present and acting throughout and which Corrected Resolution has not been revoked, rescinded, repealed, amended or modified and is in full force and effect on the date hereof 4. The meeting of the Board at which action has been taken with respect to the Assignment of Allocation was a regular meeting properly called and open to the public at all times. 5. With respect to the Assigned Allocation, the County has not heretofore: (a) issued private activity bonds; (b) assigned the Assigned Allocation to another "issuing authority," as defined in the Allocation Act; (c) made a mortgage credit certificate election; or (d) treated the Assigned Allocation as an allocation for a project with a carryforward purpose, as defined in the Allocation Act. 6. The Assignment of Allocation, attached hereto as Exhibit B, is in the form presented to and approved by the Board at the meeting thereof held on September 9, 2013. 7. On or before the date hereof, counterparts of the Assignment of Allocation were officially executed by the Chairman of the Board of County Commissioners and the Clerk to the Board. On the date of such signing, such persons were the duly sworn, qualified and acting officers of the County authorized to execute the Assignment of Allocation and holding the offices of the Chairman of the Board of County Commissioners and Clerk to the Board, respectively. 2013-2535 M:\ESTHER\MONICA\County Attorney Cert PAB 2013 -City of Fort Collins FIA.doex 8. The County has authorized the execution, delivery and due performance of the Assignment of Allocation, and the execution and delivery of the Assignment of Allocation and the compliance by the County with the provisions thereof, will not, to the best of my knowledge, conflict with or constitute on the part of the County a breach of or a default under any existing Colorado law, County resolution, court or administrative regulation, decree or order or any agreement or other instrument to which the County is subject or by which it is bound. 9. To the best of my knowledge, there does not exist any action, suit, proceeding or investigation pending, or threatened against the County, contesting: (a) the corporate existence of the County, (b) the title of its present officers or any of them to their respective offices, including, without limitation, the members of the Board, (c) the validity of the Assignment of Allocation or (d) the power of the County to execute, deliver or perform the Assignment of Allocation. 10. No referendum petition has been filed concerning the Corrected Resolution; and to the best of my knowledge none is being circulated or planned for circulation. WITNESS my hand this 9th day of September, 2013. ruce T. Barker, County Attorney 2 MIESTHER\MONICA\County Attorney Cert PAB 2013 -City of Fort Collins HA.docx ,?C/3-c'S3S EXHIBIT A CORRECTED RESOLUTION A-1 CORRECTED RESOLUTION (Correcting the original Resolution approved August 28, 2013, as to the type of bonds and description of the bonded activities.) RE: APPROVE AUTHORIZING ASSIGNMENT TO THE CITY OF FORT COLLINS HOUSING AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY, COLORADO, PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, is authorized and empowered under the laws of the State of Colorado (the "State") to issue tax- exempt bonds for the purpose of assisting in the financing the acquisition and rehabilitation of rental housing projects for low and moderate income persons and families in Fort Collins, Larimer County, Colorado, and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the State to provide such mortgage loans and for certain other purposes, and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the City of Fort Collins Housing Authority (the "Authority") and other governmental units in the State, and further providing for the assignment of such allocations from such other governmental units to the Authority, and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the Board of County Commissioners of Weld County, Colorado, has an allocation of the 2013 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2013 (the "2013 Allocation"), and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined that, in order to increase the availability of adequate affordable housing for low- and moderate -income persons and families within Weld County, Colorado, and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2013 Allocation, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined that the 2013 Allocation, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of assisting in the financing the acquisition and rehabilitation of rental housing projects for low and moderate income persons and families in Fort Collins, Larimer County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, has determined to assign $7,774,135 of its 2013 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the Board of County Commissioners of Weld County, Colorado, and the Authority (the "Assignment of Allocation"). 2013-2535 FI0057 CORRECTED ASSIGNMENT OF ALLOCATION - CITY OF FORT COLLINS HOUSING AUTHORITY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, as follows: 1. The assignment to the Authority of $7,774,135 of the Weld County, Colorado, 2013 Allocation be and hereby is approved. 2. The form and substance of the Assignment of Allocation be and hereby are approved; provided, however, that the Board of County Commissioners of Weld County, Colorado, be and hereby is authorized to make such technical variations, additions, or deletions in or to such Assignment of Allocation as it shall deem necessary or appropriate and not inconsistent with the approval thereof by this Corrected Resolution. 3. The Board of County Commissioners of Weld County, Colorado, be and hereby is authorized to execute and deliver the Assignment of Allocation on behalf of Weld County, Colorado, and to take such other steps or actions as may be necessary, useful, or convenient to effect the aforesaid assignment in accordance with the intent of this Corrected Resolution. 4. If any section, paragraph, clause, or provision of this Corrected Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Corrected Resolution. 5. This Corrected Resolution shall be in full force and effect upon its passage and approval. The above and foregoing Corrected Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2013. BOARD O " . NTY COMMISSIONERS WELD OU%L0RAD0 ATTEST:, Weld County Clerk to the Board "aunty Attorney Date of signature: 9//O/S Barbara Kirkmeyer ademac er, Pro-Tem Sean P. Conway a0^� Mike Freeman c. 2013-2535 FI0057 EXHIBIT B ASSIGNMENT OF ALLOCATION B-1 ASSIGNMENT OF ALLOCATION This Assignment of Allocation (the "Assignment"), dated this 9th day of September, 2013, is between Weld County, Colorado, (the "Assignor") and the City of Fort Collins Housing Authority (the "Assignee"). WITNESSETH: WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the State of Colorado (the "State") to issue tax-exempt private activity bonds ("Private Activity Bonds"); and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the amount of Private Activity Bonds which may be issued in the State (the "State Ceiling"); and WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling among the Assignee and other governmental units in the State, and further providing for the assignment of allocations from such other governmental units to the Assignee; and WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act of the Colorado Revised Statutes, the Assignor has an allocation of the 2013 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, the "Allocation"); and WHEREAS, the Assignor has determined that, in order to increase the availability of adequate affordable housing for low- and moderate -income persons and families within Weld County, Colorado, and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the Allocation; and WHEREAS, the Assignor has determined that the 2013 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Assignee to issue Private Activity Bonds for the purpose of financing of rental housing projects located in Fort Collins, Larimer County, Colorado ("Revenue Bonds"), and the Assignee has expressed its willingness to attempt to issue Revenue Bonds with respect to the 2013 Allocation; and 1 ESTHER\MONICA\Assignment of Allocation PAB 2013 -City of Fort Collins HA.docx 0763 WHEREAS, the Weld County Board of Commissioners of the Assignor has determined to assign to the Assignee $7,774,135.00 of its 2013 Allocation, and the Assignee has agreed to accept such assignment, which is to be evidenced by this Assignment. NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, the parties hereto agree as follows: 1. The Assignor hereby assigns to the Assignee $7,774,135.00 of its 2013 Allocation, subject to the terms and conditions contained herein. The Assignor represents that it has received no monetary consideration for said assignment. 2. The Assignee hereby accepts the assignment to it by the Assignor of $7,774,135.00 of Assignor's 2013 Allocation, subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds, in one or more series, and to make proceeds of such Revenue Bonds available from time to time during the period of three (3) years from the end of calendar year 2013 for the financing of rental housing projects located in Fort Collins, Larimer County, Colorado, in at least the aggregate amount of $7,774,135.00. 3. The Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation for a project with a carry -forward purpose. 4. The Assignor and Assignee each agree that they will take such further action and adopt such further proceedings as may be required to implement the terms of this Assignment. 5. This Assignment is effective upon execution and is irrevocable. 2 M:\ESTHER\MONICA\Assignment of Allocation PAB 2013 -City of Fort Collins HA.docx IN WITNESS WHyRE1IF, the parties hereto have duly executed this Assignment on the date first writte Ifitii 4 I1.. [SEAL] -�(V� ATTEST: `64". By: Deputy Clerk i6 the Board [SEAL] ATTEST: By: Secreta WELD COUNTY, COLORADO William F. Garcia, Chair, Weld County Board of Commissioners SEP 0 9 2013 CITY OF FORT COLLINS HOUSING AUTHORITY By: 3 Board i Ve�ti'r' M:\ESTHER\MONICA\Assignment of Allocation PAB 2013 -City of Fort Collins HA.docx Esther Gesick From: Bruce Barker Sent: Friday, September 06, 2013 10:58 AM To: Carlton, Jacob B. (SLC); Donna Bechler; Monica Mika Cc: 'Darcy McClure'; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Attachments: Assignment of Allocation PAB 2013 -City of Fort Collins HA.docx; WS Request - Zoning Violation Lien Certifications (2).doc; Corrected Resolution - PAB - Fort Collins HA.docx; County Attorney Cert PAB 2013 -City of Fort Collins HA.docx See the attached. Made the change you requested this morning. These documents are what will be approved and signed on Monday. Esther: Please put the Corrected Resolution on Monday's agenda. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carlton, Jacob B. (SLC) [mailto:Carlton)@ballardspahr.com] Sent: Friday, September 06, 2013 8:58 AM To: Bruce Barker; Donna Bechler; Monica Mika Cc: 'Darcy McClure'; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Thanks Bruce. Attached is one additional change to the Assignment of Allocation. Once that change is made, we are signed off. Thanks. Jacob B. Carlton Ballard Spahr LLP 201 South Main Street, Suite 800 Salt Lake City, UT 84111-2221 Phone: 801-517-6821 Fax: 801-531-3001 carltonj(a� bal lardspahr. com From: Bruce Barker [mailto:bbarker@co.weldco.us] Sent: Thursday, September 05, 2013 11:38 AM To: Carlton, Jacob B. (SLC); Donna Bechler; Monica Mika Cc: 'Darcy McClure'; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Jacob: Please review the attached. I believe I have made all changes requested by you and Darcy. If they look OK, please let me know by tomorrow morning, as they will be approved and signed on Monday, September 9, 2013. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carlton, Jacob B. (SLC) [mailto:Carlton]@ballardspahr.com] Sent: Thursday, September 05, 2013 10:03 AM To: Donna Bechler; Monica Mika; Bruce Barker Cc: 'Darcy McClure'; Warburton, Ryan (SLC) Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Please find attached our comments to the resolution and assignment documents. Feel free to contact us with any questions or concerns. Thanks. Jacob B. Carlton Ballard Spahr LLP 201 South Main Street, Suite 800 Salt Lake City, UT 84111-2221 Phone: 801-517-6821 Fax: 801-531-3001 carltoniballardspahr.com From: Darcy McClure [mailto:dmcclure@fcgov.com] Sent: Wednesday, September 04, 2013 1:32 PM To: 'Donna Bechler' Cc: Monica Mika; 'bbarker@co.weld.co.us'; Carlton, Jacob B. (SLC) Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Donna , Monica, and Bruce, 2 Thank you for sending the documents over. We'd like to request that some of the language in the resolution and the assignment agreement be changed to correctly reflect our intent for the bond cap. FCHA will not be issuing bonds for single family mortgages as indicated in the Weld County documents. FCHA intends to issue bonds for the purpose of financing the acquisition and rehabilitation of qualified affordable rental housing. Without the language change, we will not be able to utilize the bond cap for our project. Would it be possible to change the language to accurately reflect our intent? We're working with Jacob Carlton at Ballard Spahr LLP and I've asked him to review the documents and make corrections as needed. His contact information is carltoni@ballardspahr.com 801-517-6821. I'm wondering if a revised resolution will need to be considered by the board of commissioners? If so, let's discuss timing as the state's deadline is September 15th Thank You for your consideration, Darcy McClure Project Manager Fort Collins Housing Authority 1715 W. Mountain Ave Ft. Collins, CO 80525 970.416.2839 Direct 970.412.2400 Mobile From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Wednesday, September 04, 2013 11:23 AM To: Darcy McClure Cc: Monica Mika Subject: Fort Collins Housing Authority - Private Activity Bond Allocation Ms. McClure, I am e -mailing you a copy of the Resolution and Assignment of Allocation that was approved by the Board of Weld County Commissioners on August 28, 2013. This morning I sent 2 hardcopies of the Assignment of Allocation in the mail, along with the certified copy of the resolution. We would ask that you return one (1) signed original back to our department after getting the other signatures. You can send it to the address listed below. Let me know if there is anything else I can help you with. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 Donna Bechler From: Sent: To: Cc: Subject: Monica, Esther Gesick Monday, September 09, 2013 3:03 PM Monica Mika Donna Bechier FW: Fort Coffins Housing Authority - Private Activity Bond Allocation Donna pulled the Resolution to send around for signing and we just have to wait for Bruce to return to sign the Attorney's Certification, then she can send everything off to Darcy again. Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O Street) P.O. Box 758/ Greeley, CO 80632 tel: (970) 336-7215 X4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Darcy McClure [mailto:dmcclure@fcgov.com] Sent: Monday, September 09, 2013 2:16 PM To: Bruce Barker; Carlton, Jacob B. (SLC); Donna Bechier; Monica Mika Cc: Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Jacob, The Weld County Board of Commissioners approved the amended documents this morning. Once the signed documents are prepared and sent to me, we will send a copy to you for the opinion letter. I'm still shooting for sending all docs to the state this week to meet the deadline of September 15th Thank You Darcy McClure Project Manager Fort Collins Housing Authority 1715 W. Mountain Ave Ft. Collins, CO 80525 970.416.2839 Direct 970.412.2400 Mobile recalk - ® OW - I® ®®ILa . ae FCH FORT COLLINS HOUSING AUTHORITY _Erom.:ruce Barker [mailto:bbarker@co.weld.co.us] Sent: Friday, September 06, 2013 10:58 AM To: Carlton, Jacob B. (SLC); Donna Bechler; Monica Mika Cc: Darcy McClure; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Darcy McClure Project.Monager dmcclure@fcgov.com 970.416.2839 Direct 970.416.2910 Main 970.221.0821 Fax 1715 W. Mountain Ave. Fort Collins, CO 80521 1 See the attached. Made the change you requested this morning. These documents are what will be approved and signed on Monday. Esther: Please put the Corrected Resolution on Monday's agenda. Thanks! Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carlton, Jacob B. (SLC) [mailto:CarltonJ©ballardspahr.com] Sent: Friday, September 06, 2013 8:58 AM To: Bruce Barker; Donna Bechler; Monica Mika Cc: 'Darcy McClure'; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Thanks Bruce. Attached is one additional change to the Assignment of Allocation. Once that change is made, we are signed off. Thanks. Jacob B. Carlton Ballard Spahr LLP 201 South Main Street, Suite 800 Salt Lake City, UT 84111-2221 Phone: 801-517-6821 Fax: 801-531-3001 carltonj@ballardspahr.com From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Thursday, September 05, 2013 11:38 AM To: Carlton, Jacob B. (SLC); Donna Bechler; Monica Mika Cc: 'Darcy McClure'; Warburton, Ryan (SLC); CTB Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Jacob: Please review the attached. I believe I have made all changes requested by you and Darcy. If they look OK, please let me know by tomorrow morning, as they will be approved and signed on Monday, September 9, 2013. Bruce T. Barker, Esq. Weld County Attorney 2 P.O. Box 758 1150 "0" Street Greeley, CO 80632 (970) 356-4000, ext. 4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carlton, Jacob B. (SLC) [mailto:Carlton]@ballardsoahr.com] Sent: Thursday, September 05, 2013 10:03 AM To: Donna Bechler; Monica Mika; Bruce Barker Cc: 'Darcy McClure'; Warburton, Ryan (SLC) Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Please find attached our comments to the resolution and assignment documents. Feel free to contact us with any questions or concerns. Thanks. Jacob B. Carlton Ballard Spahr LLP 201 South Main Street, Suite 800 Salt Lake City, UT 84111-2221 Phone: 801-517-6821 Fax: 801-531-3001 carltonjnballardspahr.com From: Darcy McClure [mailto:dmcclure@fcgov.com] Sent: Wednesday, September 04, 2013 1:32 PM To: 'Donna Bechler' Cc: Monica Mika; 'bbarker@co.weld.co.us'; Carlton, Jacob B. (SLC) Subject: RE: Fort Collins Housing Authority - Private Activity Bond Allocation Donna , Monica, and Bruce, Thank you for sending the documents over. We'd like to request that some of the language in the resolution and the assignment agreement be changed to correctly reflect our intent for the bond cap. FCHA will not be issuing bonds for single family mortgages as indicated in the Weld County documents. FCHA intends to issue bonds for the purpose of financing the acquisition and rehabilitation of qualified affordable rental housing. Without the language change, we will not be able to utilize the bond cap for our project. Would it be possible to change the language to accurately reflect our intent? We're working with Jacob Carlton at Ballard Spahr LLP and I've asked him to review the documents and make corrections as needed. His contact information is carltonj@ballardspahr.com 801-517-6821. 3 I'm wondering if a revised resolution will need to be considered by the board of commissioners? If so, let's discuss timing as the state's deadline is September 15`n Thank You for your consideration, Darcy McClure Project Manager Fort Collins Housing Authority 1715 W. Mountain Ave Ft. Collins, CO 80525 970.416.2839 Direct 970.412.2400 Mobile From: Donna Bechler[mailto:dbechler(Tco.weld.co.us] Sent: Wednesday, September 04, 2013 11:23 AM To: Darcy McClure Cc: Monica Mika Subject: Fort Collins Housing Authority - Private Activity Bond Allocation Ms. McClure, I am e -mailing you a copy of the Resolution and Assignment of Allocation that was approved by the Board of Weld County Commissioners on August 28, 2013. This morning I sent 2 hardcopies of the Assignment of Allocation in the mail, along with the certified copy of the resolution. We would ask that you return one (1) signed original back to our department after getting the other signatures. You can send it to the address listed below. Let me know if there is anything else I can help you with. Sincerely, Donna Bechler Deputy Clerk to the Board 1150 O Street P.O. Box 758 Greeley, Colorado 80632 970-336-7215 Ext 4227 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 Hello