HomeMy WebLinkAbout2006-07-27 EHA MINUTES•
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I. CALL TO ORDER
ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS
Special Meeting
July 27, 2006
The Special Meeting of the Englewood Housing Authority Board of Commissioners was
called to order at 4:15 p .m. on Thursday, July 27, 2006, at 3460 South Sherman Street, Suite
203, Englewood, Colorado, 80113, by Chair, Shelley Thompson.
II. ROLL CALL
Members Present:
Members Absent:
Also Present:
Shelley Thompson, Chair
Beverly Bradshaw, Commissioner
Charles Carter, Commissioner
James Woodward, Ex Officio
C.J. Cullinan, Alternate
Rodger Hara, Vice Chair
Ernie Arterburn, Commissioner
Dawn Shepherd, ~xecutive Director
Renee Tullius, Administrative Manager
Jim Wagenlander, Attorney at Law
III. Discussion, Motions and Resolutions
A. Resolution Number 10, Series 2006, Resolution Approving the Development
Agreement Between Englewood Housing Authority and The Burgwyn Company,
LLC.
Jim Wagenlander discussed the revisions to the Development Agreement. A contract to Buy and
Sell Real Estate is also required . Commissioner Thompson questioned if budget controls were in
place to restrain cost increases. Jim Wagenlander stated that subsequent to the sale of the property,
EHA is not required to contribute funds, although EHA would be permitted to do so . Cost increases
would be borne by The Burgwyn Company. Councilmember Woodward suggested adding
"planning the project" to the fourth line of the second paragraph on page one after "The project shall
consist of."
Dawn Shepherd and Jim Wagenlander discussed Section C. Pre-Construction. The last line of the
second paragraph is changed to: "This pre-construction debt will then be paid off no later than
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EHA BOC Special Meeting
07-27-06
August 30, 2006." The sale price of the property is $740,000. In the event of non-performance the
property is not returned to EHA.
A key provision is found on page three. Henry Burgwyn, rather than an affiliate, must develop the
property and assume responsibility for financing.
Councilmember Woodward inquired into the liability of a special limited partner. Jim Wagenlander
suggested that provisions to limit liability could be inserted into the partnership agreement.
The sale price is $740,000. The property will not be returned to EHA in the event of non-
performance.
Page four, Section D. Construction, holds the developer responsible for construction rather than an
affiliate. Paragraph five of Section D. was changed so that the development fee was not front-loaded
and the specific amount of $527,075.00 was used rather than a percentage.
The first paragraph of page 5 states EHA's right of first refusal for the property following the 15-
year federal compliance period. There is a second 15-year CHAF A compliance period. Jim
W agenlander noted EHA would purchase the property at a minimum price pursuant to the tax code
with the minimum price set out in the partnership agreement.
MOTION
COMMISSIONER BRADSHAW MOVED TO APPROVE RESOLUTION NUMBER
10, SERIES 2006, RESOLUTION APPROVING THE DEVELOPMENT
AGREEMENT BETWEEN ENGLEWOOD HOUSING AUTHORITY AND THE
BURWGYN COMPANY, LLC AS AMENDED PER JULY 27, 2006.
Ayes:
Nays:
Abstained:
Absent:
Thompson, Bradshaw, Carter
None
None
Hara, Arterburn
The Chair declared the motion carried .
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~ EHA BOC Special Meeting
07-27-06
• IX. ADJOURNMENT
Chair Thompson adjourned the meeting at 5: 11 pm
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Shelley Tho on, Chair
ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS
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ENGLEWOOD HOUSING AUTHORITY
BOARD OF COMMISSIONERS