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Home My WebLink About06/19/2001HOUSING AUTHORITY MEETING June 19, 2001 LOBBY CONFERENCE ROOM 7:00 P.M. A. Caff Meeting to Order B. Roll CaD H. Other I. Adjournment - to July 25, 2001 5. PUBLIC FORUM There were three citizens present who attended the meeting to gain information on housing assistance. 7. NEW BUSINESS Housing Authority Page - I May 9, 200 1 6. I # 11 1 1 p the Housing Authority pass on the Reed Street property. The motion passed 3-0 with Mary 31 Cavarra and Cheryl Brungardt absent. f -1 � pqIIIIIII 11111 11111111111111 �illillili lilt - : !I %�Jll 111 1 !I i i I: - j&II 1 1 11 1 1 -1, ojil 1 11111111111111111111: 1 • Alan Feinstein reported that he was working on an application for matching funds with the Division of Housing. A public hearing on the application will be held on June 1. • Alan Feinstein will encourage Cornerstone Realty to aggressively seek possible properties for purchase by the Housing Authority. Housing Authofity Page 2 May 9, 2001 ti r r r • r • : r ' am s mlval to Housing Authority 'age 3 May 9, 200 } City of Wheat Ridge Wheat Ridee Housiniz Authoritv • Memorandum TO: Wheat Ridge Housing Authority . a 1 11 SUBJECT: Purchase of Property DATE: June 12, 2001 The Wheat Ridge Housing Authority, along with Alan Feinstein, Larry Nelson from Cornerstone Realty, and Jim Bifls from Vectra Bank toured property located at 3335 Benton Street. After reviewing the property, it was the consensus of the Housing Authority to review a contract for purchase. %=?TrT'fflr:ToTr is a propswo 07 Corner to purcnase real estate. If it is the consensus of the Housing Authority to purchase the property located at 3335 Benton Street, I recommend that you entertain the following motion: 11MIM110:174 "1 4 •1 CAMyRe0ousng authority\motion to purchase 3335 benton.wpd EMMOW Al OMW PYOO dWWIY Xot. F W2-81); L.. .d P*kW Vl*c m aP t lid: 06/11/2001 14:29 3039671434 Prepared by LArvy Nelson, Owner. U10049inil Bfvkwlr DUO of yip WWO 841w Cal L. Jw"W► Da" Of 50"*W* saw. Im.-I 3~0 Fm W, US= Inwals only or PaNty tsuyw or Sever) who muntmw or "*04ad offer t P l M, Y M "Actual loss, damage or cost" is covered. The previous draft included indemnification from any "damage, liability or cost." Attorneys' fees and costs of defense are specifically excluded from the scope of coverage in the new paragraph. They were included in M draft. The Authorities will indemnify and hold each other harmless for costs arising from each Authority's own "reckless or intentional acts." The previous draft included more broad coverage for `# i° acts, errors or omissions." We are comfortable with the new paragraph in terms of the legal protection it offers the WRHA. We therefore request that the new Agreement be ,2pproved. ATTOKNEys AT LAW TowEp 1. SUM 1000 1515 ARAPAHOE STREET DENVER, COLORADO 80202 TELEPHONE (303) 376-5000 F, (3 3) 370.i001 CAKMEN N. BEERY DIRECT DIAL; (303) 376-5004 email: cbeery@gorsuch,com As you know, I have been negotiating an indemnification clause for inclusion in the WREA-JCHA IGA with Lee Applegate, the JCHA's attorney. After many discussions, we have arrived at mutually acceptable language. Please find enclosed a copy of the IGA with this agreed upon language at paragraph 4, Article III, "Mutual Obligations." This new indemnification clause is limited to g!Lt� loss and damage and excludes legal costs and attorneys' fees. Jerry Dahl and I are comfortable with this language from a legal perspective. Z7 Discussion of the Agreement and this new language should be set as an action item at the next regular Housing Authority meeting. I have also prepared and enclosed with this letter a cover memorandum for the Housing Authority regarding the IGA. This can be included in Authority memberspackets together with the new draft Agreement. As always, feel free to call me with questions or concerns. ZBEEM ATTORNEys AT LAW Town 1, SUITE 1000 1515 ARAPAHO STREET DENVER. COLORADO 80202 , TaEPHONE (303) 376-5000 FACSIMILE (3039 376-5001 CARMEN N. BEERY DIRECT DIAL: Q03) 376 email; cbeery@aorsuch,com t� a IM11 Lee A. Applegate, Esq. 3951 Evergreen Parkway, Suite 2 Evergreen, CO 80439 1 U " a 10mgm I am in receipt of your fax of May 24 and your proposed indemnification paragraph language. Thank you for participating in the drafting process on this issue. Jerry and I have reviewed the proposed language and are comfortable including it in the Agreement as is. I have enclosed with this letter a copy of the Agreement with this latest change. Please pass this along to the JCHA for consideration as soon as practical. I know both Authorities would like to see this Agreement in place, as we are looking to begin purchasing properties in the near future. Thanks again for your input and cooperation. We appreciate your willingness to work out this issue. As always, feel free to call me with questions or concerns. ME= Carr e� e cc: J. DiTullio, Chair of Wheat Ridge Housing Authority J. Hurst, City Manager G. Dahl, City Attorney INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE HOUSING AUTHORITY AND THE JEFFERSON COUNTY HOUSING AUTHORITY RELATING TO THE PROVISION OF AFFORDABLE HOUSING WITHIN THE CITY OF WHEAT RIDGE. RECITALS WHEREAS, governments may cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of the contracting or cooperating units, including the sharing of costs, the imposition of taxes or the incurring of debts pursuant to C.R.S. § 29-1-201, et seq.; and WHEREAS, the WRHA and the JCHA recognize that it would benefit both Authorities to cooperate in the performance of those powers granted to the WRHA by the Colorado Housing Authorities Law and that such cooperation would be the best means by which to promote affordable housing within the City of Wheat Ridge. NOW, THEREFORE, in consideration of the covenants herein provided, it is agreed by and between the Authorities as follows: The JCHA hereby recognizes and affirms its obligations under this Agreement to: 1 Provide labor and expertise to the WRHA in the area of housing authority operation and administration within reasonable limits and to the extent such labor and expertise can be coordinated with JCHA's operation and administration. 4. Obtain all services and requirements necessary for closing when purchasing property, such as surveys and appraisals. 5. Design and contract for the repair and/or refurbishment of properties acquired by the WRHA. 8. Assist the WRHA in developing guidelines for the designation of low and moderate income buyers within the City of Wheat Ridge. GED\530271373414.04 2 The WRHA hereby recognizes and affirms its obligations under this Agreement to: 1 Pay the JCHA for services rendered pursuant to this Agreement, under such terms as the Authorities may establish in writing from time to time. GED\53027\373414,04 :3 1 The term for this Agreement shall be an initial period of two (2) years and shall be automatically renewed for an additional two (2) year term unless either the WRHA or JCHA gives notice to the other of election not to renew the Agreement at least sixty (60) days before the end of the initial term • any subsequent terms. 2. This Agreement can be terminated at any time by either Authority by providing written notice of termination to the other Authority at least sixty (•0) days before the proposed termination date. 4. If, for any reason, this Agreement is not renewed or otherwise terminated, any contracts entered into by one Authority pursuant to this Agreement within the jurisdiction of the other Authority will remain in effect for the duration • the said contracts. GED\53027\373414,04 4 5. The terms and provisions of this intergovernmental cooperation agreement apply only to the provision • low income housing within the City of Wheat Ridge as authorized by the Colorado Housing Authorities Law and to no other programs or projects of either the JCHA or WRHA. IN WITNESS WHEREOF, the Authorities have hereunto set their hands and seals ♦ the day and year first above written. CITY OF WHEAT RIDGE HOUSING AUTHORITY Jerry DiTullio, Chairperson City Attorney JEFFERSON COUNTY HOUSING AUTHORITY Chairperson FTAVM GED\53027\373414.04 5 TO: Wheat Ridge Housing Authority Board of Commissioners FROM: Alan M. Feinstein, JCHA DATE: June 11, 2001 SUBL: Colo. Div. of Housing Application completed ail application to the Colorado Division of Housing. The application was in the amount of $500,000. The application would provide for additional acquisition funding for properties in Wheat Ridge. It will undergo two staff review meetings in June. On July I O at 9: 00 a.m. it is anticipated that there will be a presentation to the Colorado Division of Housing Board for their consideration of this application. Ann Watts, of the Division of Housing suggested that in addition to me, two Board members should be in attendance.