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HomeMy WebLinkAbout20252465.tiffResolution Approve Declaration of the Intent of Weld County, Colorado, to Delegate Authority to the Colorado Housing and Finance Authority (CHFA) to Issue Bonds Using 2022 Private Activity Bond Volume Cap in Connection with Financing Housing Facilities for Low- and Middle -Income Families and Persons, and Authorize a Delegation Agreement in Connection Therewith, and Authorize Chair to Sign Any Necessary Documents 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, pursuant to the Private Activity Bond Ceiling Act, constituting Title 24, Article 32, Part 17, Colorado Revised Statutes (the "Allocation Act"), Weld County, Colorado (the "County") has available for use in 2025 private activity bond volume cap in the amount of $8,574,904.00 from 2022, all of which it elected to carry forward pursuant to Section 146(f) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), for "qualified residential rental projects" (the "Carryforward Allocation"), and Whereas, all of the Carryforward Allocation remains unused and is available for use in 2025, and Whereas, the Colorado Housing and Finance Authority ("CHFA") has requested that Weld County delegate to CHFA its powers to issue revenue bonds using the Carryforward Allocation to finance housing facilities for low- and middle -income families and persons, and Whereas, for purposes of Section 146 of the Tax Code, Weld County has agreed to delegate to CHFA its powers to issue revenue bonds using up to $8,574,904.00 of the Carryforward Allocation to finance housing facilities for low- and middle -income income families and persons, and Whereas, CHFA and Weld County are both authorized by law to assist in the financing of housing facilities for low- and middle -income families and persons to the end that decent, safe and sanitary dwelling accommodations for such families and persons may be provided, and to issue bonds evidencing such; and Section 18 of Article XIV of the Colorado Constitution and Part 2 of Article 1 of Title 29, Colorado Revised Statutes, authorize the County to delegate to CHFA the authority to act as the County's agent to issue bonds for such purpose, and Whereas, it is necessary to authorize the execution by the County of a Delegation Agreement between CHFA and Weld County (the "Delegation Agreement"). cc : FI(cP/ss/a /ics) c 14 (1.S/o - ) 09/.5/25 2025-2465 FI0082 Declaration of the Intent of Weld County, Colorado, to Delegate Authority to the Colorado Housing and Finance Authority (CHFA) to Issue Bonds Using 2022 Private Activity Bond Volume Cap in Connection with Financing Housing Facilities for Low- and Middle -Income Families and Persons, and Authorize a Delegation Agreement in Connection Therewith Page 2 Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that: Section 1. The County hereby authorizes the delegation of authority to CHFA to use up to $8,574,904 of the Carryforward Allocation, for use as described above. Section 2. The form, terms and provisions of the Delegation Agreement hereby are approved and the Chairperson and other appropriate officers of the County hereby are authorized and directed to execute (via manual or electronic signature) and deliver the Delegation Agreement, with such changes therein as are approved by the Chairperson or other appropriate officers of the County executing the Delegation Agreement. The execution of the Delegation Agreement shall be conclusive evidence of the approval by the County of such document in accordance with the terms hereof. Section 3. The officers of the County shall take such other steps or actions necessary or reasonably required to carry out the terms and intent of this Resolution and the Delegation Agreement, including any amendments to the Delegation Agreement not inconsistent with this Resolution. Section 4. If any section, paragraph, clause or provision of this 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 Resolution. Section 5. All action not inconsistent with the provisions of this Resolution heretofore taken by the Board and the officers of the County directed toward the Carryforward Allocation and the authorization of the Delegation Agreement hereby are ratified, approved and confirmed. Section 6. This Resolution shall be in full force and effect upon its passage and adoption. Be it further resolved, by the Board of County Commissioners of Weld County, Colorado, that the aforementioned Resolution between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Finance, and Colorado Housing and Finance Authority (CHFA), be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. 2025-2465 FI0082 Declaration of the Intent of Weld County, Colorado, to Delegate Authority to the Colorado Housing and Finance Authority (CHFA) to Issue Bonds Using 2022 Private Activity Bond Volume Cap in Connection with Financing Housing Facilities for Low- and Middle -Income Families and Persons, and Authorize a Delegation Agreement in Connection Therewith Page 3 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 3rd day of September, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-2465 FI0082 Department of Finance 1150 O Street Greeley, CO 80631 COUNTY, CO August 29, 2025 To: Board County Commissioners Re: Weld County to CHFA - 2022 PAB Delegation The Big Beautiful Bill changed the PAB threshold for low -and -middle income housing deals. We previously allocated all of our 2022 PAB cap to the Firestone Flats project (same developer that we gave all of the 2023 cap, 1/2 of the 2024 cap, and a portion of the 2025 cap). Due to the change below (50% to 25%), the developer no longer needs our 2022 cap and the developer and Colorado Housing and Finance Authority (CHFA) would like to transfer this CAP to CHFA. Reduced PAB Threshold for LIHTC Deals: For 4% Low -Income Housing Tax Credit (LIHTC) buildings financed with PABs, the OBBBA permanently reduced the required bond financing threshold from 50% to 25% on an aggregate basis. This change applies to buildings placed in service after December 31, 2025, provided that at least 5% of the aggregate basis is financed with bonds issued after December 31, 2025. This reduction is expected to facilitate more affordable housing projects. Sincerely, Cheryl Pattelli, Chief Financial Officer Director of the Department of Finance 2025-2465 9/3 ftOO 2. STATE OF COLORADO ) ) SS COUNTY OF WELD The Board of County Commissioners for Weld County, Colorado met at a public meeting held pursuant to the laws of the State of Colorado, on September 3, 2025, commencing at the hour of 9:00 a.m. There were present at the meeting, the following: Present: Chair: Perry L. Buck Other Commissioners: Scott K. James, Pro-Tem Jason S. Maxey Kevin D. Ross Lynette Peppler There was also present: Bruce Barker, County Attorney Cheryl Pattelli, Chief Financial Officer Houstan Aragon, Deputy Clerk the Board Chair Buck introduced the following resolution: 164133184.2 STATE OF COLORADO ) ) SS COUNTY OF WELD I, the undersigned Perry L. Buck, the duly appointed Chair of the Board of County Commissioners of Weld County, Colorado (the "County"), do hereby certify that the foregoing pages 1 through 3, inclusive, are a true, correct and complete copy of the record of proceedings of the Commissioners of the County, insofar as such proceedings relate to the resolution contained therein, had and taken at a lawful, public meeting of the Commissioners held on September 3, 2025, commencing at the hour of 9:00 a.m., as recorded in the regular official record of the proceedings of the County; that said proceedings were duly had and taken as therein shown; that the meeting therein shown was duly held and was open to the public at all times; and that the persons therein were present at said meeting as therein shown. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Weld County, Colorado this 3rd day of September, 2025. Perry L. IjFtick, Chair, Board of Weld County Commissioners The foregoing Resolution was acknowledged before me this 3rd of September, 2025, by Houstan Marie Aragon. Witness my hand and official eal: MalLe- U1714 Notary Public My Commission Expires: MOUSTAN MARIE ARAGON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20244035426 MY COMMISSION EXPIRES SEPTEMBER 20, 2028 Q (2OZ'% [SEAL] 164133184.2 2025-241o5 - I DELEGATION AGREEMENT This Delegation Agreement is made and entered as of September 3, 2025 between WELD COUNTY, COLORADO ("Weld County"), a public body corporate and politic of the State of Colorado (the "State"), and the COLORADO HOUSING AND FINANCE AUTHORITY ("CHFA"), a body corporate and a political subdivision of the State. 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Delegation Agreement are the following: (a) Weld County and CHFA are authorized by law to assist in the financing of housing facilities for low- and middle -income families and persons, and to issue bonds for such purpose. (b) Section 18 of Article XIV of the Colorado Constitution and Part 22 of Article 1 of Title 29, Colorado Revised Statutes, authorize Weld County to delegate to CHFA the authority to act as Weld County's agent to issue bonds for such purpose. (c) For purposes of Section 146 of the Internal Revenue Cod& of 1986, as amended (the "Tax Code"), Weld County has remaining available for use in 2025 private activity bond volume cap remaining from 2022 in the amount of at least $8,574,904, all of which Weld County elected to carry forward pursuant to Section 146(f) of the Internal Revenue Code of 1986, as amended, for "qualified residential rental projects" (the "Carryforward Allocation"), all of which remains unused. (d) Weld County desires to delegate to CHFA its powers to issue one or more series of revenue bonds, notes or other obligations (the "Bonds") using up to $8,574,904 of such Carryforward Allocation (the "Delegated Cap") to be used to finance qualified residential rental projects. (e) CHFA desires to accept such delegation. (f) Neither the execution and delivery of this Delegation Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Delegation Agreement conflicts with or results in a breach of any of the terms, conditions or provisions of any legal restriction or any agreement or instrument to which Weld County or CHFA is now a party or by which Weld County or CHFA is bound, or 4onstitutes a default under any of the foregoing. 161133170.2 -1- LII,UblylI CI IVCIUpe IU. MOOr Jr OJ-O/r/-YCU/-OWOlYO/1/OVVJYVYOJ (Signature page to Delegation Agreement) IN WITNESS WHEREOF, the parties hereto have entered into this Delegation Agreement as of the day and year first above written. WELD COUNTY, COLORADO By `eaks, Natnliftiry L. Buck SP 0 3 2025 Title: Chair, Board of Weld County Commissioners Attest: "JCL ; By: Esthert"ti s`Tck, Clerk % ttie $o Deputy Clerk to the Boa COLORADO HOUSING AND FINANCE AUTHORITY By: 164133170.2 r -Signed by: Name: Steve Johnson Title: Chief Operating Officer 2025 2LI(05 -z CERTIFICATE OF WELD COUNTY, COLORADO CONCERNING PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION I, the undersigned, hereby certify as of this September 3, 2025 on behalf of Weld County, Colorado ("Weld County"), that: 1. Weld County is a public body corporate and politic of the State of Colorado. 2. 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"), Weld County has available for use in 2025 private activity bond volume cap remaining from 2022 in the amount of at least $8,574,904, all of which Weld County elected to carry forward pursuant to Section 146(f) of the Internal Revenue Code of 1986, as amended, for "qualified residential rental projects" (the "Carryforward Allocation"), all of which remains unused. Attached as Exhibit A is a true and correct copy of IRS Form 8328 (Carryforward Election of Unused Private Activity Bond Volume Cap) with respect to the Carryforward Allocation. 3. Attached hereto as Exhibit B is a true and correct copy of Resolution No. 2025- (the "Resolution") authorizing Weld County to enter into delegation arrangements with the Colorado Housing and Finance Authority ("CHFA") for the purpose of preserving and utilizing Weld County's private activity bond volume cap, such as the Delegation Agreement dated as of September 3, 2025 (the "Delegation Agreement") between Weld County and CHFA, delegating to CHFA Weld County's powers to issue revenue bonds using up to $8,574,904.00 of the Carryforward Allocation to finance qualified residential rental projects. The Resolution was duly adopted by the Board of County Commissioners of Weld County (the "Board") at meetings thereof held on September 3, 2025, at which meeting a quorum was present and acting throughout and which Resolution has not been revoked, rescinded, repealed, amended or modified and are in full force and effect on the date hereof. 4. With respect to the Carryforward Allocation, Weld County has not heretofore: (a) issued private activity bonds; (b) assigned the Carryforward Allocation to another "issuing authority," as defined in the Allocation Act; or (c) delegated to any other party its powers to issue revenue bonds using the Carryforward Allocation. 5. On or before the date hereof, counterparts of the Delegation Agreement were officially executed by an authorized officer of Weld County. On the date of such signing, such person was the duly sworn, qualified and acting officer or employee of Weld County authorized to execute the Delegation Agreement and holding such office. 6. Weld County has authorized the execution, delivery and due performance of the Delegation Agreement, and the execution and delivery of the Delegation Agreement and the compliance by Weld County with the provisions thereof, will not, to the best of my knowledge, conflict with or constitute on the part of Weld County a breach of or a default under any existing Colorado law, Authority resolution, court or administrative regulation, decree or 164133138.2 order or any agreement or other instrument to which Weld County is subject or by which it is bound. 7. To the best of my knowledge, without investigation, there does not exist any action, suit, proceeding or investigation pending, or threatened against Weld County, contesting (a) the corporate existence of Weld 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 Delegation Agreement, (d) the Carryforward Allocation, or (e) the power of Weld County to execute, deliver or perform the Delegation Agreement. (Signature page to follow) 164133138.2 WITNESS my hand as of the date first written above. WELD COUNTY, COLORADO By:� Name: Perry . Buck 0 3 2025 Title: Chair, Board of County Commissioners Attest: Esther E. Gesick, Clerk to the Board By: Deputy Clerk to the Board 164133138.2 2 075-24tc5 -3 EXHIBIT A IRS FORM 8328 (2022) KUTAK ROCK February 10, 2023 VIA ELECTRONIC MAIL EMAIL RECEIPT REQUESTED Mr. Andrew Paredes Mr. Wayne McClary Colorado Department of Local Affairs Division of Housing 1313 Sherman Street, Room 320 Denver, CO 80203 Kutak Rock LIP 1801 California Street, Suite 3000, Denver, CO 80202-2652 office 303.297.2400 John A. Henry 303.297.2400 John.Henry@kutakrock.com Re: IRS Form 8328 for Weld County, Colorado (EIN: 84-6000813) Dear Andrew and Wayne: Enclosed for filing is a copy of IRS Form 8328, Carryforward Election of Unused Private Activity Bond Volume Cap letter package that was mailed to the IRS. In lieu of mailing an acknowledgement copy back to me, please acknowledge receipt via email to John.Henry@KutakRock.com. Thank you for your prompt attention to this matter. enclosure 4871-0478-3952.2 KUTAKROCK Ratak Rock LLP 1801 California Street, Suite 3000, Denver, Co 80202-2652 office 303.297.2400 John A. Henry 303.297.2400 John.Henry@kutakrock.com February 10, 2023 VIA CERTIFIED MAIL #7021 0950 0000 2666 5250 RETURN RECEIPT REQUESTED Department of the Treasury Internal Revenue Service Center Ogden, UT 84201 Re: IRS Form 8328 for Weld County, Colorado (EIN: 84-6000813) Ladies and Gentlemen: Enclosed for filing are the original and one acknowledgement copy of IRS Form 8328, Carryforward Election of Unused Private Activity Bond Volume Cap. Please return the acknowledgement copy stamped "Filed" in the enclosed self-addressed, stamped envelope. Thank you for your prompt assistance in this matter. Sincerely yours, John A. Henry enclosures 4871-0478-3952.2 For, 8328 Carryforward Election of Unused (Rev. August 2022) Private Activity Bond Volume Cap Department of the Treasury (Under Sections 146(f) and 142(k)) Internal Revenue Service Go to www.lrs.gov/Form8328 for the latest information. OMB No. 1545-0047 Enter the calendar year for which the election is made: 2022 MI Reporting Authority State name for qualifying public educational facility bond or issuer's name for all other bonds Weld County, Colorado Number, street (or P.O. box if mail is not delivered to street address) Reporting Authority's EIN 8 4 i 6 0 0 0 8 1 PO Box 758, 1150 O Street City or town, state, and ZIP code Greeley, Colorado 80632 Room/suite Report number (For RS Use Only) 9nnn Caution: Part II is only for section 1460 filers. Part Ill is only for qualifying public educational facility bond filers. • Unused Volume Cap and Carryforward Under Section 146(f) Computation of Unused Volume Cap 1 Total volume cap of the issuer for the calendar year $8,574,004 2 Aggregate amount of private activity bonds issued to date that are taken into account under section 146. See instructions 2 $0 3 Total amount of volume cap exchanged for authority to issue mortgage credit certificates. See instructions 4 Total amount of volume cap allocated to private activity portion of governmental bonds. See instructions 5 Add lines 2 through 4 5 $0 6 Unused volume cap (subtract line 5 from line 1) 6 $8,574,904 Purpose and Amount of Each Carryforward 7 Qualified student loan bonds 8 Qualified mortgage bonds or mortgage credit certificates 9 Qualified redevelopment bonds 10 Exempt facility bonds: a Mass commuting facilities (section 142(a((3)) b Water furnishing facilities (section 142(a((4)) c Sewage facilities (section 142(a((5)) d Solid waste disposal facilities (section 142(a((6)) e Qualified residential rental projects (section 142(a((7)) 10e 68,574,904 f Facilities for the local furnishing of electric energy or gas (section 142(a)(8)) g Local district heating or cooling facilities (section 142(a((9)) h Qualified hazardous waste facilities (section 142(a((10)) i High-speed intercity rail facilities (section 142(a((11)) j Qualified enterprise zone facility bonds (section 1394(a) -(e)) k Qualified broadband projects (section 142(a)(16)) I Qualified carbon dioxide capture facilities (section 142(a((17)) 11 Total carryforward amount (add lines 7 through loll (not to exceed line 6) 11 08,574,904 map Unused Volume Cap and Carryforward Under Section 142(k) (Qualifying Public Educational Facility Bonds) 12 Total volume cap for the calendar year 13 Total amount of bonds issued under section 142(k) for the calendar year 14 Unused volume cap available for carryforward (subtract line 13 from line 12) 15 Amount elected to carryforward (not to exceed line 14) Under penalties of perjury, I declare that I h. ve examined this return, including accompanying schedules and statements, and to the best of my knowledge and Sign belie I is true, correc Here 1 . J �I �� ,OR Cheryl Pattelli, Chief Financial Officer 3 4 Sig Mc official Date $0 $0 7 8 9 10a 10b 100 10d 10f 10g 10h 10i 10j 10k 101 12 13 14 15 Type or print name and title. Direct Allocation: $8,574, • e4 For Paperwork Reduction Act Notice, see instructions on back. Cat. No. 139001 Form 8328 (Rev. 8-2022) COLORADO Department of Local Affairs Division of Housing Private Activity Bond Direct Allocations - 2O22 Statewide Population in 2021: 5,812,069 Private Activity Bond Cap available in 2022: $639,327,590 Per Capita Multiplier: $110 Table 1: Allocations to Designated Local Issuing Authorities Local Issuer Population Population as PAB Cap % of State Population Denver 717,632 12.41% $39,668,757 Colorado Springs 479,257 8.29% $26,492,032 Aurora 386,913 6.69% $21,387,505 Douglas County 221,207 3.88% $12,393,560 El Paso County 222,539 3.85% $12,301,358 Jefferson County 205,167 3.55% $11,341,079 Fort Collins 169,968 2.94% $9,395,372 Lakewood 156,195 2.70% $8,634,038 Weld County 155,125 2.68% $8,574,904 Thornton 142,118 2.46% $7,855,899 Arapahoe County 134,261 2.32% $7,421,591 Arvada 124,367 2.15% $6,874,672 Westminster 116,072 2.01% $6,416,147 Adams County 115,530 2.00% $6,386,188 Pueblo 111,893 1.93% $6,185,143 Greeley 109,084 1.89% $6,029,869 Boulder 108,154 1.87% $5,978,461 Centennial 108,152 1.87% $5,978,351 Larimer County 105,553 1.83% $5,834,687 Longmont 99,129 1.71% $5,479,584 Mesa County 90,120 1.56% $4,981,591 Loveland 76,341 1.32% $4,219,925 Broomfield 74,470 1.29% $4,116,501 Castle Rock 73,746 1.28% $4,076,480 Grand Junction 65,790 1.14% $3,636,694 Commerce City 62,699 1.08% $3,465,832 Garfield County 61,722.1 1.07% $3,411,829 Boulder County 60,534 1.05% $3,346,158 Parker 58,804 1.02% $3,250,527 Pueblo County 56,541 0.98% $3,125,435 Eagle County 55,624 0.96% $3,074,747 Fremont County 48,885 0.85% $2,702,234 Littleton 45,533 0.79% $2,516,942 Brighton 40,303 0.70% $2,227,841 Northglenn 38,007 0.66% $2,100,925 COLORADO Department of Local Affairs Division of Housing Table 1: Allocations to Designated Local Issuing Authorities (continued) Local Issuer Population Population as PAB Cap % of State Population La Plata County Englewood Windsor 36,573 33,657 33,311 32,365 31,160 31,013 30,405 30,377 29,845 29,106 26,188 25,853 24,840 24,779 22,446 22,204 21,408 21,171 20,364 20,226 0.63% 0.58% 0.58% Wheat Ridge Delta County Summit County Erie 0.56% 0.54% 0.54% 0.53% Lafayette Fountain Morgan County Elbert County Montezuma County Routt County Teller County Montrose County Evans 0.53% 0.52% 0.50% 0.45% 0.45% 0.43% 0.43% 0.39% Logan County Louisville 0.38% 0.37% 0.37% Montrose 0.35% Golden Chaffee County Durango Otero County Total -19,515 0.35% 0.34% 19,078s 18,679 5,505,000 0.33% 0.32% 95.19% $2,021,659 $1,860,468 $1,841,343 $1,789,050 $1,722,444 $1,714,318 $1,680,707 $1,679,159 $1,649,751 $1,608,905 $1,447,604 $1,429,086 $1,373,091 $1,369,719 $1,240,756 $1,227,378 $1,183,380 $1,170,276 $1,125,667 $1,118,039 $1,078,738 $1,054,581 $1,032,528 $304,301,505 These calculations for municipalities and counties utilize population estimates from 2020, as these are the most recent year for which these estimates are available. The population of the state in that year was 5,782,913. Total cap available to the Statewide Balance: $15,362,290 Total cap available to designated local issuing authorities and the statewide balance: $319,663,795 Table 2: Allocations to State Issuing Authorities State Issuing Authority Colorado Housing and Finance Authority Colorado Agricultural Development Authority Total PAB Cap $312,663,795 $7,000,000 $319,663,795 Total cap allocated to all issuing authorities (not including the Statewide Balance): $623,965,300 2 FEDERAL TAX EXEMPTION CERTIFICATE WELD COUNTY, COLORADO The undersigned representative of Weld County, Colorado ("Weld County") hereby certifies as of September 3, 2025, on behalf of Weld County as to the following facts, estimates and circumstances: Section 1. The Colorado Housing and Finance Authority ("CHFA") 'is delivering, simultaneously with the delivery of this certificate, certain of its Multifamily Housing Revenue Bonds, Series 2025 in support of the Project, in the original aggregate principal amount of $ Section 2. The undersigned is one of the officials of Weld County delegated responsibility for the issuance of bonds on behalf of Weld County. Section 3. In the Delegation Agreement between Weld County and CHFA dated as of September 3, 2025 (the "Delegation Agreement"), Weld County delegated to CHFA its powers under applicable law to issue bonds to finance properties for low- and middle -income families and persons to the end that decent, safe and sanitary dwelling accommodations for such families and persons may be provided. The Delegation Agreement recognized, however, that Weld County would be the "issuer" for federal income tax law purposes of such portion of the Bonds being issued for such purpose (the "Weld County portion of the Bonds"), and Weld County agreed in the Delegation Agreement to take certain further action in connection therewith, including executing this Federal Tax Exemption Certificate. Section 4. The purpose of this certificate is to certify reasonable expectations as of this date regarding the amount and use of the gross proceeds of Weld County portion of the Bonds in the principal amount of up to $8,574,904.00 (the "Expectations") of Weld County pursuant to the Internal Revenue Code of 1986, as amended, and to the regulations promulgated thereunder (the "Regulations"), as specifically required by Regulation § 1.148-2(b)(2). Section 5. Based solely upon and in reliance on the representations of CHFA as to CHFA's Expectations which are contained in the Federal Tax Exemption Certificate of CHFA (the "CHFA Certificate") dated as of this date, Weld County hereby certifies that with respect to the Weld County portion of the Bonds, Weld County's Expectations are the same as CHFA's Expectations. Section 6. Weld County knows of no reason to question the Expectations contained in CHFA's Certificate. 164133123.2 (Signature page to Federal Tax Exemption Certificate) Dated as of the first date written above. WELD COUNTY, COLORADO B Name: Perry/. Buck SEP 0 3 2025 Title: Chair, Board of County Commissioners Attest: -.4:thAll a.' "' Esther E. Gesick, Clerk to the Board By: Deputy Clerk to the Bo 164133123.2 Z025-24bS-�I Houstan Aragon From: Sent: To: Cc: Subject: Approved. Thank you! Get Outlook for Android Cheryl Pattelli Friday, August 29, 2025 10:04 AM Houstan Aragon; Bruce Barker; Karin McDougal; Matthew Conroy; Byron Howell; Adria Schiel; Will Grumet Rusty Williams; CTB Re: SIGNATURE REVIEW: Declaration of the Intent of Weld County, Colorado, to Delegate Authority to the Colorado Housing and Finance Authority (CHFA) From: Houstan Aragon <haragon@weld.gov> Sent: Friday, August 29, 2025 10:00:54 AM To: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Matthew Conroy <mconroy@weld.gov>; Byron Howell <bhowell@weld.gov>; Adria Schiel <aschiel@weld.gov>; Will Grumet <wgrumet@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Cc: Rusty Williams <rwilliams@weld.gov>; CTB <CTB@co.weld.co.us> Subject: SIGNATURE REVIEW: Declaration of the Intent of Weld County, Colorado, to Delegate Authority to the Colorado Housing and Finance Authority (CHFA) Good morning, Please review and advise as to placement on the Wednesday, September 3, 2025, Agenda. Please also remember to reply -all to this email. Thank you, COUNTY, CO Houstan Aragon Deputy Clerk to the Board Desk: 970-400-4224 P.O. Box 758, 1150 O St., Greeley, CO 80632 0,11000 Join Our Team IMPORTANT: 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. Hello