IGA; Boulder Housing Partners; predevelopment funding 2630 30th street; Exp 1/25/2020 1/2 512 01 9 Contract Tracking>Thank You
OFFICE OF THE CITY ATTORNEY
JAN 2 5 2019
STANDARD TO:
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Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20190125-5088
Originating Dept Housing
Contact Person Cori Marin Phone Number 3034414041
Project Manager / Contract Kate Masingale E-mail masingalek@bouldercolorado.gov
Administrator
Counter Parties Boulder Housing Partners
Contract Title / Type Predevelopment Funding Agreement
Number
Description Please find attached a predevelopment funding agreement between the city and BHP for
predevelopment costs associated with the development of 30Pearl. This has been reviewed by Erin
Poe.
Special Instructions Once executed, please email and interoffice a copy to the attention of Kate Masingale. Thanks,
Amount 2,850,000 lExpenseType OUTGOING
Dept. Head Signature 4
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PROJECT PREDEVELOPMENT FUNDING AGREEMENT
THIS AGREEMENT is made to be effective as of this_X day of January, 2019,by and
between the City of Boulder, a Colorado home-rule city, P. O. Box 791, Boulder, CO 80306 (the
"City"), and the Housing Authority of the City of Boulder d/b/a Boulder Housing Partners (the
"Agency"). The City and the Agency are collectively referred to hereinafter as the "Parties" or
.Party."
RECITALS
A. The City owns certain real property consisting of approximately 4.63 acres located at
2630 30'x' Street in Boulder, Colorado (the "Site"). The Agency is redeveloping the
property located at 2630 30`x' Street in Boulder, Colorado (the "Project") with a legal
description of:
LOT 3 BOULDER TRANSIT VILLAGE SUBDIVISION REPLA TA, situated in
the City and County of Boulder, Colorado, LESS AND EXCEPT the northeast
portion containing approximately 0.75 acres to be retained by the City of
Boulder and used for a Boulder City park as such Property,shall be replatted
in accordance with the terms of the Joint Development Agreement in
accordance with the terms thereof.
B. The City and the Agency are parties to an Intergovernmental Agreement dated
November 26,2018,which provides that the Agency will bring the city-owned
Site through the entitlement process, install infrastructure for the entire Project
Site and provide permanently affordable rental housing to persons at 60
percent Area Median Income ("AMI") and below for 120 units in Quadrants 2
and 4B of the Site, as shown on the attached map.
C. The City has determined to use an allocation of up to $3,150,000 from the Affordable
Housing Fund ("Funds") to assist the Agency in paying for predevelopment costs
associated with the Project (`Project Costs"), at the times and for the services more
fully described in the Agreement.
D. The City is of the opinion that the Agency provides a valuable service to the community
and desires to provide funding for Project Costs. The City finds that the Project protects
and enhances the health, safety and welfare of its citizens.
AGREEMENT
NOW THEREFORE, in consideration of the premises; promises and obligations set forth,
the Parties agree as follows:
1. Funds Award. The City will provide the Agency with up to $3,150,000 from the City's Funds
to assist the Agency in paying for the eligible Project Costs. Prior to execution of this Agreement,
the City provided $300,000 to the Agency. The remaining $2,850,000 of the Funds will be
distributed to the Agency in tranches on the following schedule.
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a. $1,025,000.00 by January 31, 2019
b. $975,000 on or before April 1, 2019
c. $850,000 on or before August 1, 2019.
The Funds will be used for architectural design, including site planning, entitlement and technical
documents, schematic and design development for the entire Site. Funds will also be used for
landscape, civil, survey, traffic, geotechnical, structural, mechanical, and energy engineers and for
contract administration and related entitlement and predevelopment consultants and costs. In
addition, for Quadrants 2 and 4B, where the Agency is developing affordable housing, the Funds
will be used for construction documents.
2. Payment by the City. The City shall reimburse the Agency upon execution of this
Agreement for the eligible costs under the terms of this Agreement within seven business days of
the dates set forth in the schedule provided in Paragraph 1. The City may inspect the work or
request further verification of expenditures under this Agreement. The Agency agrees that it will
return to the City any unexpended Funds provided by the City under this Agreement.
3. Repayment of the Loan. The Funds will be used for entitling the entire Site, which will
contain the Agency's affordable housing development of 120 units as well as market rate
development. The portion of the Funds to be used for the affordable housing entitlements is
estimated at $2,000,000. The Agency agrees to repay the principal sum of $2,000,000 at the
closing of the permanent financing for the 30Pearl development. The City of Boulder will
designate $1,150,000 from the proceeds of the sales of the market rate parcels for the Affordable
Housing Fund, as an offset for the remainder of the Funds fronted by the Agency to pay
entitlements for the market rate infrastructure.
4. Intellectual Property and Work Product. The City will have a right to inspect and copy any
work product or intellectual property created or obtained, in whole or in part, with the funds
provided under this Agreement, subject to consent from third party consultants who may own such
work product or intellectual property.
5. Security - Promissory Note. The Agency's obligation to repay the Funds to the City shall
be secured by a promissory note (the "Note") that will be executed by the Agency.
6. Livability Criteria and Building Design. The Project shall meet the requirements of the
City's Livability Standards for permanently affordable units found in Section 9-13-5, B.R.C.,
1981.
7. Records. The Agency shall maintain reasonable records of its performance under this
Agreement, as follows:
a. The Agency shall retain complete records for the most recent five-year period for
the activities funded in whole or part with the Funds.
b. The documentation retained shall be sufficient to support the information provided
by the Agency to the City.
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C. The Agency will allow access to these records by the City at any time during normal
business hours. These records will be kept in the Agency's local office.
8. Reporting Requirements. The Agency shall submit quarterly reports as required by the
City. The Agency must submit all reports on forms provided by the City prior to the report due
date. Quarterly progress reports shall be due January 31, April 30, July 31 and October 31 until
the Funds are fully expended.
9. Compliance with Laws. The Agency shall comply with all applicable laws and regulations
of the United States, State of Colorado, and the City.
10. Environmental Review, The City will complete an environmental review by April 1,
2019.
11. Suspension and Termination. This Agreement shall expire 12 months from the date of this
Agreement. This Agreement may be suspended or terminated in accordance with 24 CFR 85.43
if the Agency materially fails to comply with any terms of this Agreement. Additionally, this
Agreement may be terminated for convenience in accordance with 24 CFR 85.44.
12. Reversion of Assets. Upon the expiration or termination of this Agreement, the Agency
agrees that it will transfer to the City any of the Funds on hand at that time and any accounts
receivable attributable to the use of the Funds.
13. Indemnification. To the extent permitted by law, the Parties shall defend, indemnify and
hold each other harmless y from and against any and all claims arising out of another Party's
negligent performance of this Agreement. Any loss or liability to third parties or agencies resulting
from negligent acts, errors, or omissions of a Party to this Agreement, while acting within the
scope of their authority under this Agreement, shall be borne by the Party exclusively. Nothing in
this Agreement shall be construed in any way to be a waiver by either Party of any governmental
immunity protection which may be available under the Colorado Governmental Immunity Act,
C.R.S. 24-10-101, et.seq, as amended.
14. Relationship of the Parties. Nothing in this Agreement shall be deemed to create an agency,
partnership or employment relationship between the City and the Agency.
15. Notice. Any notice required by this Agreement shall be in writing, made by hand-delivery
or first-class mail, postage prepaid, or fax, and addressed to the following:
Agency: Executive Director
Boulder Housing Partners
4800 Broadway
Boulder, Colorado 80304
Com: City Manager with copy to:
Deputy Director of Housing and Human Services
City of Boulder
Boulder Municipal Building, P.O. Box 791
Boulder, Colorado 80306
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16. No Guarantee of Future Funding. The allocation of funds from the Funds in no way
guarantees the Agency that it will receive additional assistance from the City.
17. Complete Agreement. This document represents the complete agreement between the City
and the Agency. Neither Party shall assign, sublet or transfer its interest in the Agreement without
the written consent of the other. No amendments or modifications shall be made to this Agreement
unless it is in writing and signed by both Parties.
The Parties have executed this Agreement as of the date first set forth above.
[SIGNATURE PAGE FOLLOWS1
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Housing Authority of the City of Boulder
d/b/a Boulder Housing Partners,
a Colorado Housing Authority
AvA 1 4Ints
STATE OF COLORADO ) l
) ss. W
COUNTY OF BOULDER ) y7VW �k�
The foregoing instrument was acknowledged before
Jeremy Durham as Executive Director of the Hous
Boulder Housing Partners. r�►�p /q �+-
Witness my hand and official seal. l/Y �"w`` ` � '
My Commission expires:
Notary Public
(SEAL)
CITY OF BOULDER,
a Colorado home-rule city
Jane Brautigam,
City Manager
ATTEST:
Lynn tte eck,
City Clerk
APPROVEp AS TO FORM:
Date:
City Attorney's Office
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