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Home My WebLink About20181825.tiffRESOLUTION RE: APPROVE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY 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 County of Weld is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing qualified residential rental projects for low- and moderate -income persons and families, and WHEREAS, the County of Weld is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of providing single-family mortgage loans to low- and moderate -income persons and families, 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 Colorado Housing and Finance 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, Weld County has an allocation of the 2018 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2018 (the "2018 Allocation"), and WHEREAS, Weld County has determined that, in order to increase the availability of adequate affordable housing for low- and moderate -income persons and families within the County of Weld and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2018 Allocation, and WHEREAS, Weld County has determined that the 2018 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of financing one or more multi -family rental housing projects for low- and moderate - income persons and families or to issue Private Activity Bonds for the purpose of providing single- family mortgage loans to low- and moderate -income persons and families ("Revenue Bonds") or for the issuance of mortgage credit certificates, and ricvi,)); -re(6&)*) `Yk,eCe-4-a-;t�`�1-u� 2018-1825 F 10067 AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT PAGE 2 WHEREAS, the Board of County Commissioners of Weld County has determined to assign $7,307,003 of its 2018 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the County of Weld and the Authority (the "Assignment of Allocation"). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County as follows: 1. The assignment to the Authority of $7,307,003 of Weld County's 2018 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 be and hereby are authorized to make such technical variations, additions or deletions in or to such Assignment of Allocation as they shall deem necessary or appropriate and not inconsistent with the approval thereof by this resolution. 3. The Board of County Commissioners of Weld County be and hereby are authorized to execute and deliver the Assignment of Allocation on behalf of Weld County and to take such other steps or actions as may be necessary, useful or convenient to affect the aforesaid assignment in accordance with the intent of this resolution. 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. 5. This resolution shall be in full force and effect upon its passage and approval. 2018-1825 F 10067 AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2018. ATTEST: w Weld County Clere y A ttorney Date of signature: //•2i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO c Steve Moreno, Chair Mike Freeman 2018-1825 FI0067 CERTIFICATE OF WELD COUNTY, COLORADO CONCERNING ASSIGNMENT OF PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION I, the undersigned, hereby certify that I am a duly chosen, qualified and 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 2018 in the amount of $7,307,003 (the "2018 Allocation"). 3. Attached hereto as Exhibit A is a true and correct copy of a resolution and the related minutes thereto (the "Resolution") authorizing the assignment to the Colorado Housing and Finance Authority (the "Authority") of all or a portion of the 2018 Allocation in an amount equal to $7,307,003 (the "Assigned Allocation"), and authorizing the execution and delivery of an Assignment of Allocation dated as of June 11, 2018 (the "Assignment of Allocation") between the County and the Authority in connection therewith, which Resolution was duly adopted by the Board of County Commissioners of the County (the "Board") at a meeting thereof held on June 11, 2018, at which meeting a quorum was present and acting throughout and which 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 June 11, 2018. 7. On or before the date hereof, counterparts of the Assignment of Allocation were officially executed by the Chair of the Board of County Commissioners and the County Clerk of the County. 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 Chair of the Board of County Commissioners and County Clerk, respectively. 2018-1825 M:\ESTHERATTORNEY\Private Activity Bond - Weld County Attorney Certificate Form.doc 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 Resolution; and to the best of my knowledge none is being circulated or planned for circulation. WITNESS my hand and the seal of the County this 11t" day of June, 2018. County Attorney SUBSCRIBED AND SWORN to before me this 11th day of June, 2018, by Esther E. Gesick. WITNESS my hand and official seal My commission expires: Notary Public ESTHER E. GESICK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19974016478 MY COMMISSION EXPIRES SEPT. 29, 2021 2 M:\ESTHER\ATTORNEY\Private Activity Bond - Weld County Attorney Certificate Form.doc 020/1--/.1.02 �/ EXHIBIT A RESOLUTION A-1 RESOLUTION RE: APPROVE AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY 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 County of Weld is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of financing qualified residential rental projects for low- and moderate -income persons and families, and WHEREAS, the County of Weld is authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of providing single-family mortgage loans to low- and moderate -income persons and families, 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 Colorado Housing and Finance 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, Weld County has an allocation of the 2018 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2018 (the "2018 Allocation"), and WHEREAS, Weld County has determined that, in order to increase the availability of adequate affordable housing for low- and moderate -income persons and families within the County of Weld and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2018 Allocation, and WHEREAS, Weld County has determined that the 2018 Allocation, or a portion thereof, can be utilized most efficiently by assigning it to the Authority to issue Private Activity Bonds for the purpose of financing one or more multi -family rental housing projects for low- and moderate - income persons and families or to issue Private Activity Bonds for the purpose of providing single- family mortgage loans to low- and moderate -income persons and families ("Revenue Bonds") or for the issuance of mortgage credit certificates, and 2018-1825 F 10067 AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT PAGE 2 WHEREAS, the Board of County Commissioners of Weld County has determined to assign $7,307,003 of its 2018 Allocation to the Authority, which assignment is to be evidenced by an Assignment of Allocation between the County of Weld and the Authority (the "Assignment of Allocation"). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County as follows: 1. The assignment to the Authority of $7,307,003 of Weld County's 2018 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 be and hereby are authorized to make such technical variations, additions or deletions in or to such Assignment of Allocation as they shall deem necessary or appropriate and not inconsistent with the approval thereof by this resolution. 3. The Board of County Commissioners of Weld County be and hereby are authorized to execute and deliver the Assignment of Allocation on behalf of Weld County and to take such other steps or actions as may be necessary, useful or convenient to affect the aforesaid assignment in accordance with the intent of this resolution. 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. 5. This resolution shall be in full force and effect upon its passage and approval. 2018-1825 FI0067 AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF WELD COUNTY PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of June, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: , leavy Weld County Clerk AP Deputy y Attorney Date of signature: /12/ Mike Freeman Sean P. C nway C leZ; Julie A. Cozad 2018-1825 F 10067 EXHIBIT B ASSIGNMENT OF ALLOCATION B-1 chfa. assignment of allocation - county Multifamily Housing Facility Bonds/Single Family Mortgage Revenue Bonds This Assignment of Allocation (the "Assignment"), dated this 11th day of June 2018, is between the County of Weld Colorado (the "Assignor" or the "Jurisdiction") and Colorado Housing and Finance 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 revenue bonds for the purpose of financing qualified residential rental projects for low- and moderate -income persons and families; and WHEREAS, the Assignor and the Assignee are authorized and empowered under the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of providing single- family mortgage loans to low- and moderate -income persons and families; 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 finance such projects and for certain other purposes (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, the Assignor has an allocation of the 2018 State Ceiling for the issuance of a specified principal amount of Private Activity Bonds prior to September 15, 2018, (the "2018 Allocation"); and WHEREAS, the Assignor has determined that, in order to increase the availability of adequate affordable rental housing for low- and moderate -income persons and families within the Jurisdiction, Colorado and elsewhere in the State, it is necessary or desirable to provide for the utilization of all or a portion of the 2018 Allocation; and WHEREAS, the Assignor has determined that the 2018 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 one or more multifamily rental housing projects for low- and moderate - income persons and families or to issue Private Activity Bonds for the purpose of providing single-family mortgage loans to low- and moderate -income persons and families ("Revenue Bonds"), and the Assignee has expressed its willingness to attempt to issue Revenue Bonds with respect to the 2018 Allocation assigned herein; and WHEREAS, the Board of County Commissioners of the Assignor has determined to assign to the Assignee all or a portion of its 2018 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 $ 7.307.003.00 of its 2018 Allocation [the "Assigned 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 the Assigned Allocation, subject to the terms and conditions contained herein. The Assignee agrees to use its best efforts to issue and sell Revenue Bonds in an aggregate principal amount equal to or greater than the Assigned Allocation, in one or more series, and to make proceeds of such Revenue Bonds available from time to time for a period of two (2) years from the date of this Assignment to finance multifamily rental housing projects located in the Jurisdiction, or to issue Revenue Bonds for the purpose of providing single-family mortgage loans to low- and moderate income persons and families in the Jurisdiction. 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 Assigned Allocation as an allocation for a project with a carryforward purpose or to make a mortgage credit certificate election, in lieu of issuing Revenue Bonds. 4. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Assignment. 5. Nothing contained in this Assignment shall obligate the Assignee to finance any particular multi -family rental housing project located in the Jurisdiction or elsewhere or to finance single- family mortgage loans in any particular amount or at any particular interest rate or to use any particular percentage of the proceeds of its Revenue Bonds to provide mortgage loans or mortgage credit certificates to finance single-family housing facilities in the Jurisdiction, provided that any Revenue Bond proceeds attributable to the Assigned Allocation shall be subject to paragraph 2 above. 6. This Assignment is effective upon execution and is irrevocable. 2 IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the date first written above. [SEAL] ATTEST: By: Name: Esther E. Gesick Title: Clerk to the Board �.�` ��op•snd 1*1' t,"., _~ 14a, RPO . om z ea • A ESEAI.1 o: . SEAL ;:;o ATTEST',, Co • ' •..... ' `�.�� do By: Assistant Secretary County of Weld , Colorado i&e.a2-Plip—x-e. Name: Steve Moreno Title: Chair, Board of Commissioners COLORADO HOUSING AND FINANCE AUTHORITY 3 JUN 11 2018 aoil-/ga a chfam denver 1981 Blake Street Denver, CO 80202 303.297.chfa (2432) 800.877.chfa (2432) NOTIFICATION OF ASSIGNMENT OF PRIVATE ACTIVITY BOND CEILING CAP Via Email June 18, 2018 Ms. Ann Watts Colorado Department of Local Affairs Division of Housing 1313 Sherman Street, Room 320 Denver, Colorado 80203 Dear Ms. Watts: PO Box 60 Denver, CO 80201 800.659.2656 tdd www.chfainfo.com western slope 348 Main Street Grand function, CO 81501 970.241.2341 800.877.8450 Pursuant to Section 24-32-1706(2) of the Colorado Private Activity Bond Ceiling Allocation Act, the Colorado Housing and Finance Authority ("Authority") and Weld County ("County") hereby notify you of the County's assignment to the Authority of $7,307,003 of its 2018 allocation of the State's private activity bond ceiling. Enclosed for your records is a copy of the executed Assignment of Allocation (the "Assignment"). The Assignment includes the County's representation that it received no monetary consideration for the assignment and its consent to the Authority's allocation of all or any portion of the assigned amount to a project with a carryforward purpose. Sincerely, Melissa Nuccio Paralegal cc: Cheryl Hoffman, Weld County (Via E-mail and U.S. Mail) Stanley M. Raine, Esq., Sherman & Howard, L.L.C. (Via E-mail) Cory G. Kalanick, Esq., Sherman & Howard, L.L.C. (Via E-mail) Charles K. Knight, CHFA (Via E-mail) Enclosure Cheryl Hoffman From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Esther Gesick Monday, June 11, 2018 4:07 PM Cheryl Hoffman FW: Documents for PAB Assignment Weld County Attorney Certificate Form.doc; Weld County 2018 Assignment Resolution Ordinance form.doc; 2018 Weld County Assignment of Allocation-County.pdf Follow up Flagged Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 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: Don Warden Sent: Wednesday, May 16, 2018 2:27 PM To: Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: FW: Documents for PAB Assignment I will talk to the two of you about this. Donald D. Warden Director of Finance and Administration Finance and Administration PO Box 758 1150 O Street Greeley, CO 80632 tel: 970-356-4000 Extension 4218 email: dwarden@co.weld.co.us 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 1 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: Karen Harkin [mailto:kharkin@chfainfo.com] Sent: Wednesday, May 16, 2018 12:23 PM To: Don Warden <dwarden@weldgov.com> Subject: Documents for PAB Assignment Hi Don, Attached are the three documents needed to assign Weld County's PAB cap to CHFA on behalf of Pine View Estates. As a reminder, the documents do not name the specific project for which the cap is being assigned. Internally, CHFA tracks the cap and the applicable project. This is much easier than trying to correct documents with DOLA and the IRS should the project not come to fruition. And if the project does not transpire, CHFA will use the cap for another project likely on the front range. The documents are essentially the same as in previous years, except for the date changes. Please review them and let me know if you have any questions or concerns. After the documents are executed, please email them to me. CHFA and DOLA do not require live signatures on any of the documents, however if you would like a fully executed copy for your records, we'd be happy to do that. Thanks again for the speedy reply. I appreciate the partnership that CHFA has with the County. Regards, Karen Karen S. Harkin Community Relationship Manager -Western Slope Colorado Housing and Finance Authority 348 Main Street Grand Junction, CO 81503 PO Box 60 Denver, CO 80201 970.812.1150 direct 303.489.9487 cell 800.877.chfa (2432) toll free www.chfainfo.com financing the places where people live and work CONFIDENTIALITY. This email and any attachments are confidential, except where the email states it can be disclosed; it may also be privileged. If received in error, please do not disclose the contents to anyone, but notify the sender by return email and delete this email (and any attachments) from your system. 2 Hello