HomeMy WebLinkAbout2000-079-06/06/2000-AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AGREEMENT WITH THE CITY OF LOVELAND AND ACCEPTANCE OF AN RESOLUTION 2000-79
OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AGREEMENT WITH
THE CITY OF LOVELAND AND ACCEPTANCE OF
AN ASSIGNMENT OF ALLOCATION
WHEREAS,representatives of National Healthcare Associates,Inc. (the"Company")have
met with officials of the City of Fort Collins, Colorado (the "City"), and have advised the City of
the Company's interest in acquiring, constructing, and equipping a multifamily housing assisted
living project (the "Project") to be located on approximately 3.02 acres of land east of Wheaton
Drive and south of the Comfort Suites in the Oakridge Business Park in Fort Collins, Colorado,
subject to the City's financing of the Project by the issuance of multifamily housing revenue bonds,
pursuant to the Colorado County and Municipality Development Revenue Bond Act, constituting
Article 3, Title 29, Colorado Revised Statutes, as amended (the"Act"); and
WHEREAS,the Council on February 15,2000,adopted Resolution 2000-32, Setting Forth
the Intention of the City to Issue Multi-Family Housing Revenue Bonds for the National Healthcare
Associates Residence at Oakridge Assisted Living Project and Authorizing the Execution of an
Assignment Agreement and a Delegation Agreement with Latimer County; and
WHEREAS, in accordance therewith, the County has assigned to the City its allocation of
the private activity bond volume cap for the State and its issuing authorities pursuant to the Colorado
Private Activity Bond Ceiling Allocation Act,constituting Part 17 of Article 32 of Title 24,Colorado
Revised Statutes, as amended (the "Allocation Act"); and
WHEREAS,the Project has also received an allocation of$800,000 from the Colorado 2000
state-wide balance of private activity bond allocation; and
WHEREAS, the City of Loveland ("Loveland") is authorized under the Act to finance
projects as defined in the Act,including housing facilities for low-and middle-income persons and
families; and
WHEREAS, Loveland has been awarded an allocation for the year 2000 of the private
activity bond volume cap for the State and its issuing authorities pursuant to the Allocation Act and
is willing to assign a portion of that allocation, in the amount of $1,178,750, (the "Assigned
Allocation")to the City in orderto assist with the financing of the Project,provided that Fort Collins
assigns a like portion of its allocation to Loveland for its use in 2001; and
WHEREAS,the Council believes that this reciprocal assignment of allocations is in the best
interests of the City; and
WHEREAS, it is necessary to evidence such assignments by the execution and delivery of
Assignment Agreements by and between the City and Loveland in substantially the form attached
hereto as Exhibits "A" and "B" and incorporated herein by this reference (the "Assignment
Agreements"); and
WHEREAS, the City is authorized to enter into intergovernmental agreements to provide
any function,service or facility,such as a grant agreement,under Article II,Section 16 of the Charter
of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, COLORADO that, for the purpose of financing the Project, the Mayor is hereby
authorized to execute the above-referenced Assignment Agreements,in the forms shown on Exhibits
"A" and "B", subject to such modifications thereto in form or substance as the City Manager, in
consultation with the City Attorney,may deem necessary to effectuate the purposes set forth herein.
Passed and adopted at a regular meeting of the City Council held this 6th day of June, A.D.
2000.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
ASSIGNMENT AGREEMENT
This ASSIGNMENT AGREEMENT (the "Assignment") dated the day of June,
2000,is by and between the CITY OF LOVELAND,COLORADO,a body corporate and politic(the
"Assignor") and the CITY OF FORT COLLINS, COLORADO, a body corporate and politic (the
"Assignee");
RECITALS:
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 multi-
family rental housing projects for 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 rental housing 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 available for assignment to Assignee a portion its allocation of the 2000 State Ceiling
for the issuance of a specified principal amount of Private Activity Bonds prior to September 15,
2000, in the amount of$1,178,750 (the "Loveland Allocation"); and
WHEREAS, the Assignor has determined that, in order to increase the availability of
adequate affordable housing by low- and moderate-income persons and families in the local area,
it is necessary or desirable to provide for the utilization of all or a portion of the Loveland Allocation
as set forth herein; and
WHEREAS,the Assignor has determined that the Loveland Allocation can be utilized most
efficiently by assigning it to the Assignee to issue Private Activity Bonds for the purpose of
financing one or more multi-family housing projects for low- and moderate-income persons and
families, and the Assignee has expressed its willingness to attempt to issue such Private Activity
Bonds with respect to the Loveland Allocation; and
WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to
assign and transfer to the Assignee, and the Assignee desires to accept, the assignment of the
Loveland Allocation in an amount equal to $1,178,750, which the Assignor and Assignee agree to
commit and reserve for the issuance of such private activity bonds; and
WHEREAS,the private activity bonds will be issued by the Assignee pursuant to the County
and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado
Revised Statutes,as amended(the"Act'),and such bonds will be used for a purpose which qualifies
as a"project"as described in the Act;
NOW,THEREFORE, in exchange for the agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. In accordance with action taken by the governing body of the Assignor on June 6,
2000, the Assignor hereby assigns and transfers to the Assignee, a portion of the Assignor's 2000
Allocation from the State Ceiling for private activity bonds in an amount equal to $1,178,750 (the
"Assigned Allocation"). In addition,the Assignor hereby consents to the election by the Assignee,
if the Assignee in its discretion so decides, to treat the Assigned Allocation as an allocation for a
project with a carryforward purpose and/or to make a mortgage credit certification election, thus
avoiding reversion of the Assigned Allocation to the statewide balance under the Allocation Act.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
3. The Assignee hereby:
(a) Accepts the assignment of the Assigned Allocation from the State Ceiling
described above;
(b) Agrees to use reasonable efforts to use the Assigned Allocation to finance the
multifamily assisted living project to be located east of Wheaton Drive and south of the Comfort
Suites in the Oakridge Business Park in Fort Collins, Colorado, and to be known as The
Residence at Oakridge(the"Project"),subject to the terms and conditions set forth herein. In the
event Assignee is unable to finance the Project on or prior to September 15, 2000, Assignee
agrees to use its best efforts to use an amount equal to the 2000 Allocation hereby assigned in
connection with the issuance of Private Activity Bonds to finance one or more other multi-family
housing projects located within Assignee's boundaries; and
(c) Agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of the Assigned Allocation.
4. The parties acknowledge that nothing contained in this Assignment shall obligate the
Assignee to finance the Project or to use the Assigned Amount to finance any other multi-family
housing project located in the City of Fort Collins, and that the issuance of Private Activity Bonds
for the benefit of the Project is subject to due compliance with all requirements of law, and
contingent upon the determination by the State that a portion of the Statewide Balance of the State
Ceiling shall be used to issue such bonds, and a determination by the Assignee that the allocation
of authority available for the issuance of such bonds is sufficient, and further contingent upon the
authorization of the issuance of such bonds and execution of such documents and agreements as may
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be necessary to accomplish the same, by ordinance of the Assignee's City Council, in its sole
discretion.
5. This Assignment is effective upon execution and is irrevocable.
IN WITNESS WHEREOF,the Assignor and the Assignee have caused this instrument to be
executed to be effective as of the date and year first written above.
CITY OF LOVELAND, COLORADO
[SEAL]
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
CITY OF FORT COLLINS, COLORADO
[SEAL]
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
Assistant City Attorney
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EXHIBIT "B"
ASSIGNMENT AGREEMENT
This ASSIGNMENT AGREEMENT(the"Assignment")dated the day of ,
is by and between the CITY OF FORT COLLINS,COLORADO, a body corporate and politic(the
"Assignor") and the CITY OF LOVELAND, COLORADO, a body corporate and politic (the
"Assignee");
RECITALS:
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 multi-
family rental housing projects for 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 rental housing 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 available for assignment to Assignee a portion its allocation of the 2001 State Ceiling
for the issuance of a specified principal amount of Private Activity Bonds prior to September 15,
2001, in the amount of$1,178,750 (the "Fort Collins Allocation"); and
WHEREAS, the Assignor has determined that, in order to increase the availability of
adequate affordable housing by low- and moderate-income persons and families in the local area,
it is necessary or desirable to provide for the utilization of all or a portion of the Fort Collins
Allocation as set forth herein; and
WHEREAS, the Assignor has determined that the Fort Collins Allocation can be utilized
most efficiently by assigning it to the Assignee to issue Private Activity Bonds for the purpose of
financing one or more multi-family housing projects for low- and moderate-income persons and
families, and the Assignee has expressed its willingness to attempt to issue such Private Activity
Bonds with respect to the Fort Collins Allocation; and
WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to
assign and transfer to the Assignee, and the Assignee desires to accept, the assignment of the Fort
Collins Allocation in an amount equal to $1,178,750, which the Assignor and Assignee agree to
commit and reserve for the issuance of such private activity bonds; and
WHEREAS,the private activity bonds will be issued by the Assignee pursuant to the County
and Municipality Development Revenue Bond Act, constituting Article 3 of Title 29, Colorado
Revised Statutes,as amended(the"Act"),and such bonds will be used for a purpose which qualifies
as a"project" as described in the Act;
NOW,THEREFORE,in exchange for the agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. In accordance with action taken by the governing body of the Assignor on, June 6,
2000, the Assignor hereby assigns and transfers to the Assignee, a portion of the Assignor's 2001
Allocation from the State Ceiling for private activity bonds in an amount equal to $1,178,750 (the
"Assigned Allocation"). In addition,the Assignor hereby consents to the election by the Assignee,
if the Assignee in its discretion so decides, to treat the Assigned Allocation as an allocation for a
project with a carryforward purpose and/or to make a mortgage credit certification election, thus
avoiding reversion of the Assigned Allocation to the statewide balance under the Allocation Act.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
3. The Assignee hereby:
(a) Accepts the assignment of the Assigned Allocation from the State Ceiling
described above;
(b) Agrees to use reasonable efforts to use the Assigned Allocation to finance a
project to be sponsored by the Loveland Housing Authority(the"Project"), subject to the terms
and conditions set forth herein. In the event Assignee is unable to finance the Project on or prior
to September 15,2001,Assignee agrees to use its best efforts to use an amount equal to the 2001
Allocation hereby assigned in connection with the issuance of Private Activity Bonds to finance
one or more other multi-family housing projects located within Assignee's boundaries; and
(c) Agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of the Assigned Allocation.
4. The parties acknowledge that nothing contained in this Assignment shall obligate the
Assignee to finance the Project or to use the Assigned Amount to finance any other multi-family
housing project located in the City of Loveland, and that the issuance of Private Activity Bonds for
the benefit of the Project is subject to due compliance with all requirements of law, and contingent
upon the determination by the State that a portion of the Statewide Balance of the State Ceiling shall
be used to issue such bonds, and a determination by the Assignee that the allocation of authority
available for the issuance of such bonds is sufficient, and further contingent upon the authorization
of the issuance of such bonds and execution of such documents and agreements as may be necessary
to accomplish the same, by ordinance of the Assignee's City Council, in its sole discretion.
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5. This Assignment is effective upon execution and is irrevocable.
IN WITNESS WHEREOF,the Assignor and the Assignee have caused this instrument to be
executed to be effective as of the date and year first written above.
CITY OF FORT COLLINS, COLORADO
[SEAL]
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
Assistant City Attorney
CITY OF LOVELAND, COLORADO
[SEAL]
By
Mayor
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
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