HomeMy WebLinkAboutresolution.council.079-24RESOLUTION # 079
SERIES OF 2024
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
CONTRACT BETWEEN THE CITY OF ASPEN AND BURLINGTON ASSOCIATES
IN COMMUNITY DEVELOPMENT, LLC TO CONDUCT A FEASIBILITY STUDY
AND PROGRAM DEVELOPMENT FOR A COMMUNITY LAND TRUST AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OD THE CITY OF ASPEN, COLORADO
WHEREAS, in Fall 2023, the City of Aspen submitted an application to the
Department of Local Affairs (DOLA) Strong Communities Planning Grant Program and was
awarded grant funding to explore the potential of a Community Land Trust, one of DOLA's
"Suggested Best Practices"; and,
WHEREAS, the City advertised a Request for Proposal for interested parties to
explore the feasibility of and program development for a Community Land Trust in the City
of Aspen; and,
WHEREAS, the selected company, Burlington Associates in Community
Development, LLC is well known and a leading partner in the Community Land Trust
industry, having set-up Community Land Trusts across the nation and internationally; and,
WHEREAS, the specific funds amounts up to $150,000 and the contract costs are
assigned as detailed in the scopes of work; and,
WHEREAS, the project will be funded 90% by the DOLA Strong Communities
Grant and the remaining 10% required match through Community Development's Long -
Range Planning Budget and 150 Fund; and,
WHEREAS, there has been submitted to the City Council a contract for Community
Land Trust Feasibility Study and Program Development between the City of Aspen and
Burlington Associates in Community Development, LLC, a true and accurate copy of which
is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves the Contract for
professional services between the City of Aspen and Burlington Associates in Community
Development, LLC, a copy of which is annexed hereto and incorporated herein and does hereby
authorize the City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen
on the 23rd day of July 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held on the 23rd day of July 2024.
Nicole Hening, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
CITY ��R��i
City of Aspen Contract No.: 2024-090
AGREEMENT made this 18th day of June, in the year 2024.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Burlington Associates in Community
Development
c/o Jeff Washburne
PO Box 994
Burlington, VT 05401
612-619-9647
j eff(a�everlongconsulting com
For the Following Project:
Contract Amount:
Total: shall not exceed $150,000 by
October 1, 2026
If this Agreement requires the City to pay
an amount of money in excess of
$1005000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
CityCouncil Approval:
Date: July 23, 2024
Resolution No.: 2024-079
Community Land Trust Feasibility Study and Program Development
Exhibits appended and made a part of this Agreement:
Exhibit A: Proposal including Scope of Work and Fee Schedule
The City and Professional agree as set forth below.
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l . Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
October 1, 2026. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi _ ng ability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub -Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub -contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in or be construed as establishing an employment
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relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
For an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance..
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
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other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims -made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision:
(ii) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
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protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein maybe hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non -Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
dmnniscriiiin employment.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall.
(a) Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment -related decision or benefit on account of actual or perceived race,
color, religion, national. origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b) Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c) Incorporate the foregoing provisions in all subcontracts hereunder.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the City Manager of the City of Aspen (or a duly authorized official in the City
Manager's absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager's
absence) to execute the same.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon .funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
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18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
19. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon
or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or
conditions herein contained.
22. Attorneys Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney s
fees.
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23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24. Certification Re ag rdinr Debarment, Suspension, Ineli ig ty, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26. The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85401,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501 now 11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional's failure to comply with §§24-85401, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103(2.5).
27. Additional Provisions.
In addition to those provisions net forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See attached Exhibit A.
28. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
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full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF
PROFESSIONAL:
DocuSigned by:
�GUM'fUL IYCC 1 AYLO...
[Signature] [Signature
Sara �. ott Jeff washburne
By: By:
Title: City Manager Title: Partner
7/24/2024 � 1:49:47 PM PDT
Date:
Approved as to form:
DocuSigned by:
re tywe
d32F0AdQASSMD
City Attorney's Office
Date:
6/27/2024 � 10:13:51 AM MDT
JPW-6/27/2024-M:\city\cityatty\arch\ag 1-981.doc
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Burlington Associates
in Community Development
Michael Brown, Partner
Jeff Washburne, Partner
RESPONSE TO REQUEST FOR PROPOSAL (RFP)
2024-090 Community Land Trust
Feasibility Study and Program Development
Respectfully Submitted to:
city of aspen
Attention: Asal Vojdani, Procurement Officer
427 Rio Grande Place
Aspen, CO 81611
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City of Aspen
Attention: Asal Vojdani, Procurement Officer
427 Rio Grande Place
Aspen, CO 81611
June 3, 2024
Dear Ms. Vojdani,
On behalf of Burlington Associates in Community Development (Burlington Associates), I am pleased to
offer this proposal in response to the City of Aspen’s Community Land Trust Feasibility Study and
Program Development Request for Proposals (2024-090). Burlington Associates is uniquely positioned to
respond to this RFP and are genuinely excited about the prospect of the development of a community
land trust in Aspen.
As you will note in the Introduction and Qualifications sections of this proposal, Burlington Associates
has extensive experience advising and supporting over 200 Community Land Trust start-ups over the
past 40 years. Additionally, several of the Burlington Consultants have over 20 years practical
administrative experience working with some of the most successful community land trusts in the
nation implementing housing, commercial, agricultural, and open-space applications of the community
land trust approach to permanent affordability and community ownership.
We are excited about the prospect to work with the City of Aspen to develop a community land trust.
Please let us know if you have any additional questions or need any additional documentation. We look
forward to discussing our response to your request for proposals in the near future.
My best,
Jeff Washburne
Principal
Burlington Associates in Community Development
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Section 1: Introduction
Burlington Associates in Community Development, LLC. (Burlington Associates) is a national consulting
cooperative that is recognized as the premier provider of technical assistance to community land trusts
(CLTs) and other shared equity homeownership strategies in the United States and abroad, having
worked with over 200 CLTs since 1993. All of the firm’s five most active partners and associates have
decades of experience working with community land trusts and their public and private sector partners,
working from offices in CA, MN, MT, GA, and VT. Several have served as Executive Directors for some of
the most successful community land trusts in the country. Forty percent (40%) of the active Burlington
Associates partners and associates are women, including a multi-lingual woman of color. Burlington
Associates has worked in a diverse array of inner-city neighborhoods, suburban towns, and rural
communities - and in hot and challenged housing markets – assisting nonprofit developers of affordable
housing, municipal governments, state agencies, and community development financial institutions
throughout the USA, Puerto Rico, Canada, Australia, Belgium, and England. Additionally, Burlington
Associates has drafted some of the foundational documents, analysis tools, and other materials used by
start-up and existing community land trusts and their community partners across the country, many of
which are available for download on its website (www.burlingtonassociates.com)
Burlington Associates specializes in the development and evaluation of public policies and private
initiatives that:
• Enhance security of tenure for lower-income households by expanding access to shared equity
homeownership;
• Protect the community’s investment in affordable housing, transit-oriented development, urban
agriculture, and neighborhood commercial districts by preventing the removal of public or private
subsidies;
• Ensure the long-term stewardship of housing and other community assets – preserving affordability,
promoting sound maintenance, and preventing foreclosure; and
• Nurture a robust “third sector” of private, nonprofit organizations capable of working in concert
with government and the private sector to deliver housing, economic development and other
essential services to local neighborhoods and communities.
Michael Brown and Jeff Washburne will serve as the primary consultants associated with the City of
Aspen. Support on the proposed engagement will be provided by John Davis, Devika Goetschius, and
Heather Benham. Bios of the primary and supporting consultants are listed below. Jeff Washburne will
serve as the primary contact for this proposal. His contact information is as follows:
Jeff Washburne
Partner
Burlington Associates in Community Development
jeff@everlongconsulting.com
612-619-9647
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Primary Project Consultants
Michael Brown
Michael Brown, Partner, has over 40 years of experience in community development, housing
development, advocacy, and organizational development – particularly with community land trusts and
other shared-equity strategies. Prior to becoming a Partner in Burlington Associates, he served as the first
Executive Director of the Woodland Community Land Trust in Clairfield, Tennessee, one of the first CLTs
operating in the United States; the Associate Director of the Institute for Community Economics and the
founding Executive Director of the Housing Coalition in St. Cloud, Minnesota. He spent much of the past
25+ years traveling to and working in communities across the country, providing on-site technical
assistance to establish and build the capacity of new and existing CLTs – services ranging from feasibility
analysis and business planning to program implementation and evaluation – and to build support for CLTs
from the public and private sectors.
Jeff Washburne
Jeff Washburne, Partner, is working with several community land trusts nationally. He transitioned away
from the City of Lakes Community Land Trust (CLCLT) in June of 2023 after serving as the Executive
Director since its incorporation in November of 2002. Over his 20+ year tenure with the CLCLT, the
organization was able to assist over 490 low-income homeowners into the Community Land Trust
homeownership with over 375 homes in trust. During this time the CLCLT grew to become the largest
ownership Community Land Trust in MN and the 3rd largest nationally, creatively using the Community
Land Trust in many groundbreaking ways. The CLCLT created and spun off a Commercial Land Trust, an
Agricultural Land Trust and is currently working with partner organizations to establish the first African
American Community Land Trust in the Twin Cities.
He’s gained certificates from the Harvard Kennedy School/NeighborWorks America Achieving Excellence
and the Bank of America Neighborhood Builder Leadership Programs. Over the past 25 years in
Minneapolis, he has served on dozens of nonprofit boards in the community. He has lived in
Minneapolis since 1997.
For work in Minnesota where Jeff had pre-existing relationships, he utilizes his own consulting LLC,
Everlong Consulting. In this capacity he serves as the contract administrator for the MN CLT Coalition,
supporting the 13 community land trusts in Minnesota with advocacy, policy, technical assistance,
fundraising, and coalition building.
Supporting Project Consultants
Devika Goetschius
Devika Goetschius, Partner, is an experienced developer and operator of nonprofit community
organization programs including, currently, the Housing Land Trust of Sonoma County. Dev is a talented
presenter and community outreach representative, working with diverse clientele and is skilled at
government and private grant acquisition and administration, program development, and personnel
management. Multilingual, including fluent Spanish. Dev has served on several community boards,
which include:
• National Community Land Trust Network 2006-2012; Founding Board Director past President
2010-2011
• Committee on the Shelterless (COTS) 2005-2012 Board Vice President & Treasurer
• Housing Land Trust of Sonoma County, Founding Executive Director and Board Director 2003-
current
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• CA CLT Network, Founder, Board Vice President February 2018-2019
• Center for CLT Innovation, International CLT, Founding Board Director & Treasurer 2018-
current
• Gen H, Founding Board Director & Vice President 2019-2022
• NorCal Public Media, Community Advisory Council 2021-current
John Emmeus Davis
John Emmeus Davis, Partner, was one of the founders of Burlington Associates in 1993. He has over 40
years of experience providing technical assistance to community land trusts and other nonprofit
community development organizations throughout the United States. He previously worked as a
community organizer and nonprofit executive director in East Tennessee and served as Housing Director
and Enterprise Community Coordinator for the City of Burlington, Vermont. He has taught housing policy
and neighborhood planning at New Hampshire College and MIT. He was a co-founder of the National CLT
Academy and served from 2009 to 2012 as the Academy’s Dean; he is a founding Board Member and
current President of the Center for CLT Innovation, an international CLT organization. His publications
include Contested Ground: Collective Action and the Urban Neighborhood, The Affordable City: Toward a
Third Sector Housing Policy, Shared Equity Homeownership: The Changing Landscape of Resale-restricted,
Owner-occupied Housing, and The Community Land Trust Handbook, among other publications.
Heather Benham
Heather Benham, Associate, joined Athens Land Trust (ALT) in Athens GA in 2002 and became its
founding Executive Director, a position she held until recently, when she became a part of Burlington
Associates’ team. While at ALT, she served as its Project Coordinator, overseeing construction on ALT’s
affordable housing program; its Housing Director, building relationships with families while helping them
achieve their dreams of homeownership; and its Director of Operations. Working closely with members
of the community, other organizations, and local officials to further its mission. ALT’s impact has grown
significantly during her tenure – increasing from three employees to 31, and the annual operating
budget has grown from $60,000 to over $2.5 million. Heather graduated from the University of Georgia
with a Masters in Historic Preservation and a Juris Doctorate.
Commitment to Sustainability
In addition to its unwavering support for sustainable development and its stubborn commitment to the
creation and preservation of permanently affordable housing and commercial properties in
communities across the country, Burlington Associates is always looks for ways to protect the
environment for a sustainable future for all of us. Accordingly, we fully support Aspen’s Sustainability
Action Plan and will structure its work with the City as best it can to support these goals and targets –
including:
• As has been the case with our work for years, we anticipate that a substantial amount of the
work with the City of Aspen can be completed through online meetings and the iterative sharing
and completion of documents and deliverables electronically.
• Michael Brown lives and works from his office in Bozeman MT and Jeff Washburne lives and
works from his office in Minneapolis MN. Roundtrip travel from BZN to ASE and from MSP to
ASE requires fewer airline miles than if flying in from either coast. When practical, Michael may
drive for site visits in Aspen – a travel option that is greener (releasing less greenhouse gas) than
airline travel.
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Section 2: Qualifications and Experience
Burlington Associates is widely recognized as the “go to” provider of technical assistance to community
land trusts (CLTs) across the United States. Our Partners have worked with over 200 CLTs, assisting many
in getting started as well as guiding many others with long-term planning for the stewardship of their
portfolios and the sustainability of their operations. The “CLT Resource Center,” which Burlington
Associates added to its website in 2005, has become the first place to which practitioners and
policymakers often turn when seeking training guides, legal documents, program evaluations, policy
research, and other technical information about CLTs. Most of these materials can be downloaded free
of charge.
More pertinent to the scope of work being proposed by the City of Aspen, Burlington Associates has
considerable experience in Colorado. In 2019, John Davis and Michael Brown conducted a
comprehensive community land trust feasibility analysis of eight Colorado mountain counties under
contract with the Colorado Health Foundation. This feasibility study was primarily focused on resort and
mountain communities – including Eagle County, Chaffee County, Routt County, and Pitkin County –
much of which is still relevant to the proposed activities requested by the City of Aspen. Additionally,
working with the Urban Land Conservancy in Denver, John and Michael also worked with the Glenville,
Swansea, and Elyria neighborhoods in Denver, establishing a community land trust presence in those
neighborhoods rapidly facing gentrification-driven displacement.
Burlington Associates has also worked with several residential community land trust exploring and
implementing commercial applications of the community land trust in various cities. Worth noting, Jeff
Washburne, in his previous role at the City of Lakes Community Land Trust in Minneapolis, initiated and
created a commercial land trust with the guidance of Burlington Associates (Michael Brown and Michael
Monte) in 2018-1019. That commercial land trust became its own nonprofit in 2020. Another Burlington
Associates Partner, Michael Monte, who also serves as the CEO of the renowned Champlain Housing
Trust, has extensive experience bringing numerous commercial properties into their CLT’s portfolio.
Burlington Associates has a long history and list of Community Land Trust clients that can be found at
www.burlingtonassociates.com. A few more relevant municipally-related consulting examples include:
Alameda County, Health Care Services Agency (Alameda, CA) Assistance with creation of a community
land trust to serve Alameda County, with a focus on creating permanently affordable housing for
individuals with special needs. Incorporated the CLT, creating tools for community education, messaging
targeted stakeholders, researching land acquisition and funding sources, and developing scenarios for
pilot projects with varying components around housing product and partnership management structure.
Provided templates for legal documents for the various stages of the project, laid out process and
procedure for the deal flow; launched the CLT hiring staff and training advisory board members and
board members as the organization was established step by step.
Asheville Buncombe Community Land Trust (Asheville, NC) Contract with the City of Asheville and
assist the City and community stakeholders to assess the feasibility of establishing and operating a local
community land trust, to develop ABCLT's bylaws and its application to the IRS seeking 501(c)(3)
charitable designation, to develop a business plan to guide its creation and initial operations, and to
assist with its implementation and the design of its homeownership program, including its ground lease
and resale formula. (www.abclt.org)
Central CA Community Land Trust (Fresno, CA) Assistance with creation of a community land trust that
expanded the availability of below-market housing to households at a variety of income levels.. Worked
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with the City of Fresno and Habitat for Humanity affiliate to create a CLT that would partner with
Habitat. Incorporated the CLT, delivered education for board of directors, developers and stakeholders,
a communication strategy for community partners, provided legal structure and template documents
between the CLT and City; also between CLT and Habitat partnership.
City of Chicago (Chicago, IL) Assistance to the City of Chicago’s Department of Housing in creating a
municipally sponsored community land trust to preserve the affordability of publicly assisted, owner-
occupied housing.
City of Fort Bragg (Fort Bragg, CA) Assistance with creation of a community land trust that allows the
Mendocino Coast community to primarily serve the workforce that is priced out of the private housing
market. Provided and created products for the education for stake holders, including a communication
strategy for community partners. The pilot project for the CLT homeownership unit was to preserve a
unit in the City’s existing housing stock: At resale the home was converted into a CLT home to keep it
affordable and stewarded in perpetuity. Developed marketing, outreach and qualifications for buyers,
designed all aspects of homeownership program from pre to post purchase. Met with partners in the
University sector, Unified Schools, Fire Dept. among other key employers to provide education on the
benefits of the CLT model.
Columbia Community Land Trust (Columbia, MO) Contract with the City of Columbia and assist the City
and its community partners to assess the feasibility of establishing and operating a municipally-
sponsored community land trust, develop a business plan to guide its creation and initial operations,
develop CCLT's bylaws and its application to the IRS seeking 501(c)(3) charitable designation, and to
assist with its implementation and the design of its CLT homeownership program, including the ground
lease and resale formula. Columbia CLT began operations in 2018 (www.comolandtrust.com).
Community Home Trust (Carrboro, NC) Technical support for the efforts of three town governments
and three community development corporations to establish a countywide community land trust, the
Orange Community Housing and Land Trust. OCHLT was later renamed the Community Home Trust.
Crescent City Community Land Trust (New Orleans, LA) Assistance to community stakeholders in
determining the most effective strategy for implementing a comprehensive community land trust
strategy in New Orleans. Assistance in designing and implementing CCCLT ‘central server’ organization
with three primary program areas: (1) residential; (2) commercial; and (3) vacant properties – with an
overall goal of supporting neighborhood-based CLT stewardship.
Habitat for Humanity International (Atlanta, GA) A repeat client, latest project was to develop a suite of
products for the affiliates’ portal: A Resource Center with tools, education, process, procedure, legal
documents, self-assessment and direction on next steps to learn and implement a model to create
lasting affordability in their homes through deed restrictions or the CLT ground lease. In March 2024, at
the Habitat for Humanity International Conference, several sessions were presented regarding this
material including access and use of the Resource Center by affiliates interested in learning how to
create lasting affordability and ensure long-term subsidy retention.
Houston Community Land Trust (Houston, TX) At the request of the director of the City of Houston's
Housing and Community Development Department (HCDD), assist HCDD and community stakeholders
to assess the feasibility of establishing and operating a local community land trust, to develop Houston
CLT's bylaws and its application to the IRS seeking 501(c)(3) charitable designation, to develop and refine
an operations and business plan to guide its creation and initial operations, and to assist with its
implementation and the design of its homeownership program, including its ground lease and resale
formula. Now in operation, the Houston CLT, in partnership with HCDD, has created over 200
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permanently homes and projects bringing 1,600 permanently affordable owner-occupied homes into its
portfolio in the next several years. (www.houstonclt.org)
Lexington-Fayette Urban County Government (Lexington, KY) Assistance to LFUCG and the Kentucky
Transportation Cabinet to develop a community land trust to preserve the newly developed Southend
Park Urban Village neighborhood, a mix of 100+ rental and for-sale homes, institutional and commercial
properties. This neighborhood is being completed as part of a state-funded highway extension project
in Lexington, Kentucky.
Pima County Community Land Trust (Tucson, AZ) Assistance with creation of a community land trust to
serve the City of Tucson and Pima County, with a primary focus on preserving the affordability and
condition of 70+ homes purchased and rehabbed with NSP funds, while providing assistance and
support to the low-income households that own these homes. Assistance from Burlington Associates
has included assessing CLT feasibility, developing a business plan, designing programs, and strategic
planning.
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Section 3: Approach to Project
As suggested in the City of Aspen Request for Proposals Scope of Work section, Burlington Associates
would like to propose the work in three phases that will include: 1.) Feasibility Study (and presumed
community land trust “kick-off”); 2.) Program Development and Business Plan; and 3.) Launch and
support of the community land trust through the first closing(s). A summary of each of these phases,
noting recommended variations from the proposed City of Aspen request for proposals are below:
Phase 1 – Feasibility Assessment and Initial Business Planning
The City of Aspen has a long and impressive commitment to working to address the serious housing
affordability challenges facing its essential workforce. Yet, as is the case in so many amenity-rich
communities – particularly in Rocky Mountain communities – housing affordability gaps are widening
and the availability of space for local businesses and other crucial commercial activities are shrinking
dramatically. Effective, long-term, sustainable strategies and solutions must be developed and
implemented. For this reason, we think it is both exciting and imperative that the City of Aspen is
looking seriously at the prospects of establishing and operating a successful local community land trust.
Through our years of working with dozens of start-up community land trust efforts – including many in
western mountain resort communities – we’ve learned that a number of critical issues must be
addressed before launching a community land trust, in order for it to be successful.
Feasibility Assessment
The feasibility assessment required for a community land trust in Aspen will need to address a range of
critical business planning assumptions on which the CLT would be created and managed over time. The
core business assumptions we would work to understand would include:
Corporate structure and governance
A critical component of the first phase of the proposed scope of work will be determining who will
ultimately be responsible for the ongoing operations of the CLT and managing its critical stewardship
functions. How, if at all, will it be supported by the City of Aspen? And if as a program of another entity,
how would the CLT functions be incorporated within the organization? What relationship, direct or
indirect, would the CLT have with other local housing nonprofit organizations? And for whichever
corporate structure that is selected, how would the CLT be governed? What would be the designated
composition of the CLT’s board of directors? And how would its directors be selected?
Organizational Culture
If the decision is to incorporate a CLT into another entity, what will be the proposed status of the CLT
within the established organizational culture. How will CLT principles and values mesh with the current
organization’s culture. If – and presumably when – needed change and adaptation is needed within the
organization, how and when will that occur. How will the organization anticipate and plan for potential
fallout from any organizational change?
Competition and partnerships
What are the key partnerships that would need to be forged and maintained for the CLT to be
successful? Are there other programs, municipal initiatives and/or nonprofit organizations in Pitkin
County or region that could compete with – or otherwise impede, complicate, or undercut – the CLT’s
operations?
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Portfolio development
What entity (or entities) would be responsible for developing the homes and/or commercial properties
to be brought into its portfolio? What role(s) would the CLT play in these development projects, if any?
Service area
The proposal assumes the City of Aspen will be the driver of any CLT activity. Will the CLT operate solely
within the city limits of Aspen or might the CLT have a broader service area, perhaps including all of
Pitkin County? If the latter, how will it navigate funding and support from several interested
stakeholders in the county and potential other municipalities in its growth. How will the proposed CLT
geographies overlap (or not) with the geographic service area of other initiatives and how will it
communicate this to the greater community? And how do these issues relate to the anticipated size of
the CLT’s portfolio and the long-term financial viability of the CLT’s operations?
Housing affordability and targeting of CLT homes
Currently, the City of Aspen’s deed restricted housing serves up to 160% of Area Median Income. Would
this be the same targeting for the proposed CLT? Who would be eligible to live in the CLT housing? What
would be the maximum income “ceiling” for eligibility – and would there be an income eligibility “floor”,
creating a range of incomes served? Would the City’s current priority targeting for priorities for rental
and for-sale housing for persons actively employed or self-employed in Pitkin County be mandated for
the CLT’s homes? How will the CLT select homebuyer households from the likely large pool of eligible
applicants? What would be the optimal price range for the for-sale homes provided by the CLT to this
target market? What happens in the event the potential entity hosting the CLT (City or other entity)
competes with the APCHA program?
Affordability Subsidies
How deeply must market-rate for-sale homes be subsidized to make it available and affordable for
households in the CLT target household income range? How must these subsidy resources be structured
and operated to ensure successful operation of the CLT? It will be important to understand how current
affordable housing subsidies are currently structured at the local and state level.
Market demand
For households in the anticipated income range to be served by the CLT, is there – or would there likely
be – demand among the target clientele for the resale-restricted owner-occupied homes that the CLT
would provide – provided the homes are high quality and energy-efficient, their location is desirable and
the initial purchase prices within their income range?
Commercial preservation
The creation and preservation of commercial properties within a community land trust involves very
different strategies and funding structures than used in residential community land trusts. What kinds of
commercial properties will be targeted for inclusion into the community land trust? And how will be the
ownership arrangements be structured – e.g., will the CLT own and lease land to owner/operators of
commercial buildings or will the CLT own commercial buildings and the land on which they are located –
or both? A complete analysis and understanding of the Aspen commercial market, challenges faced by
smaller emerging business owners, and potential funding sources will need to be evaluated to make
recommendations to the City of Aspen.
Pace and scale of portfolio development
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Given the amount of public and private subsidies that may be made available to the CLT, how big and
how fast might its residential and commercial portfolio be able to grow? How many homes – and
perhaps commercial properties – are likely to come into the CLT’s portfolio each year over the first five
(5) to ten (10) years of its operations? As will be addressed below, this is pertinent to the organizational
structure and capacity needed by the CLT to manage its operations successfully over time.
Organizational capacity and operating budget requirements
What are the ongoing stewardship obligations for which the CLT or CLT program would be responsible
on a month-to-month and year-to-year basis, essentially forever? If the CLT is to be a program of an
existing organization, could many of the stewardship functions be assumed by existing staffing
positions? What new elements would need to be built into staffing responsibilities? Based on a realistic
assessment of the critical functions that the CLT would need to manage and the anticipated pace and
scale of the growth of its portfolio of permanently affordable homes and commercial properties, what
would be the staffing – and administration and overhead – requirements for the CLT to accommodate
this build-out schedule? What are the budget requirements to cover start-up costs, if any, including legal
costs (e.g., 501(c)(3) application, ground lease, closing documents, etc.) meeting expenses and
community outreach and education? What would be the projected operating costs for the first years of
the CLT (or CLT program) operations? What are the estimated revenue requirements needed to cover
these operations and administrative costs? And what are likely sources for the operating revenue to be
required by the CLT?
Financial and funding analysis
It will be critical to initially understand the terms and performance of the existing deed restricted
portfolio. Within this, it will be necessary to conduct an analysis of the overall funding capacity of the
community to support the existing APCHA program activities as well as other housing organizations in
the community doing similar work (e.g., Habitat for Humanity). What resources – including land,
financial subsidies and governmental policies – are (or could be made) available from local townships,
cities, counties, and the state for the creation of the permanently affordable housing that would
become a part of the CLT’s portfolio? And what resources are similarly available through private sector
entities (e.g., local employers) and philanthropic sources? In what quantities – and in what amounts –
might these public and private resources be made available for enhancing the affordability of the CLT's
homes – both initially and over time?
Sustainability
If the decision is for the CLT to become a stand-alone entity or a program operated under the corporate
structure and governance of another entity, is it potentially possible to eventually become self-
sustaining, at least insofar as its stewardship functions are concerned?
Case Study Report
Burlington Associates will take its learnings from several other resort communities found in the 2019
study completed for the Colorado Health Foundation as a core component for the Case Study Report.
This report assessed the feasibility of establishing community land trusts in a number of Colorado resort
communities and contains relevant information to the feasibility of establishing a community land trust
in the City of Aspen. Burlington Associates will also plan to have updated conversations with 5-10 other
resort communities including Steamboat, CO; Provincetown, MA; Santa Fe and Taos, NM; San Juan
Islands, WA; and others collectively identified with assistance from the City of Aspen to better
understand best long-term affordable housing practices in their communities. Lastly, Burlington
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Associates will cull any additional recent affordable homeownership and commercial studies and reports
related to resort and higher-cost communities to incorporate into the Case Study Report.
Community Engagement Kick-off
We see the entirety of the proposed scope of work as community engagement. Our experience has
demonstrated that while stakeholder conversations create an opportunity to gather critical information
from the community, they also provide an opportunity to share community land trust learnings and best
practices from across the United States. Dozens of Aspen stakeholder conversations will inform the
Feasibility Study. These conversations, coupled with the Case Study Report information will allow
Burlington Associates to present the beginnings of a Business Plan as part of the Community
Engagement Kick-off. We anticipate one or more gatherings to present the findings of scope items in
Phase 1 will constitute the Engagement Kick-off. During this time, we recommend assembling an
advisory committee to guide the next phases of the scope of work assuming the City of Aspen decides to
proceed with the creation of a community land trust.
Phase 2 – Final Business Planning and Initial Design
With input from the community engagement process, along with the City’s input into and endorsement
of the completed feasibility assessment, the groundwork will have been laid for creating a local
community land trust. At this point, we would proceed with advising and assisting the incorporation and
initial operations of the CLT. Burlington Associates will utilize the framework offered in Community Land
Trusts: A Guide for Local Governments, Mechanics of Getting Started resource manual. It’s worth noting
many of the examples offered in the manual were directly supported by Burlington Associates or
formerly administered by Burlington Associates’ consultants.
While we are certainly willing to defer to your judgement and preferences here, we suggest reversing
the deliverables for Phase 2 as outlined in the RFP. Respectfully, we think it is advisable to complete =
and for the City to embrace – a business plan for the to-be-established community land trust before
drafting articles of incorporation and bylaws and proceeding with its incorporation.
Accordingly (unless you instruct us otherwise), we would proceed with completing this initial 5-year
(2026-2030) business plan. Key elements of this business plan – to completed by December 31, 2025 –
would include (but not be limited to):
• Projected pace and scale at which the CLT’s portfolio of homes – and possibly commercial
properties – is expected to grow over the first five years of its operations.
• The nature and scale of the capital needed by the CLT to subsidize the initial availability and
affordability of this portfolio.
• The technical and organizational capacity the CLT will need – in terms of paid, professional
staffing; skill sets needed on its governing board; and critical community partnerships to be
forged and maintained – in order to create and steward this portfolio.
• The role(s) the CLT itself will play in developing this residential and commercial portfolio.
• The critical stewardship functions that will need to be managed consistently and diligently for
these properties and their beneficiaries.
This narrative will be accompanied by a preliminary set of annual operating budget projections –
including costs for paid professional staffing – for the CLT’s first five years of operations (2026-2030),
along with annual revenue requirements and potential sources for this funding.
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At this point, once again, the City of Aspen will have the opportunity to determine whether to proceed
with creating the CLT and launching its operations. Assuming the City green lights the CLT, we would
work with a planning committee comprised of local community leaders and residents and
representatives of the City to begin establishing the community land trust. Organizational
establishment steps to be completed by December 31, 2025, would include:
• Assist designated legal counsel to draft Articles of Incorporation for the to-be-named CLT.
• Assist the planning committee to develop bylaws for the community land trust – based on
“model” CLT bylaws – tailoring the organization to local needs and preferences. These bylaws
can then be adopted once an initial board of directors is seated.
• Assist the planning committee and designated legal counsel to draft IRS Form 1023 application,
seeking charitable, tax-exempt designation for the CLT in accordance with §501(c)(3) of the
Internal Revenue Code.
Many of the Phase 2 and Phase 3 deliverables noted in the City of Aspen’s RFP and in this proposal are
often fluid with decisions on one particular deliverable requiring the discussion of another deliverable. A
good example of this is an advisory committee’s work on the bylaws often necessitating more
information on how ground lease and resale formula would operate in a community. For this reason, the
proposal identifies finalizing drafts of the organizational formation documents and beginning the drafts
of the community land trust specific documents. Also embedded toward the end of Phase 2 and
beginning of Phase 3 will be the City-identified deliverables of a Community Engagement Memo and any
necessary ongoing financial reporting to the City of Aspen. The consultant hours to achieve all of these
items are split out between Phases 2 and 3 of the proposal and budget.
Acknowledging this, Burlington Associates would work with the planning committee and/or newly-
formed board of directors to determine the key components of the ground lease that would be used for
the community land trust. Through this work the resale formula and other key decision points, which are
critical components of the ground lease, will be determined by the newly formed board of directors. It is
anticipated that the following associated community land trust policies and procedures would support
the approval of the ground lease in this phase of the scope of work:
Qualified Capital Improvements Policy
A key supporting component to the ground lease is the Qualified Capital Improvements Policy for
owner-occupied CLT homes. This policy provides transparency and guidance to households on if/how
they would be financially recognized for qualified capital improvements made to their home during their
homeownership tenure. Policies vary by community and type of ground lease used. Burlington
Associates would work with the board of directors to develop policies and procedures for qualified
capital improvements.
Program Specific Policies and Process Documents
Depending on information gathered in the feasibility phase, Burlington Associates would work with the
board of directors to determine the appropriate programs and/or projects that would best align with
opportunities and needs in the City of Aspen. Burlington Associates would assist in crafting policies and
procedures for any of the following types of community land trust uses:
• Buyer-Initiated Program
• Developer Partnership Program
• Homeowner Assisted Program
• Seller-Leveraged Program
• Rent-to-Own or Contract for Deed-to-Own Program
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Homebuyer Process and Procedures
Through the development of the ground lease, Burlington Associates will gain a better understanding of
the values and goals of the board of directors. This information will provide guidance to the creation of a
draft homebuyer policy and procedures document. Burlington Associates will work with the board of
directors to finalize the documents and processes.
Stewardship Program Manual
Through the development of the ground lease, Burlington Associates will gain a better understanding of
the values and goals of the board of directors. This information will provide guidance to the creation of a
post-purchase stewardship manual. Burlington Associates will work with the board of directors to
finalize the manual.
Resale Policy and Process Documents
Through the development of the ground lease, Burlington Associates will gain a better understanding of
the values and goals of the board of directors. This information will provide guidance to the creation of a
draft resale policy and procedures document. Burlington Associates will work with the board of directors
to finalize the documents and processes.
Phase 3: Launch of the Community Land Trust and Implementation
For Phase 3 we would continue working with the City and the planning committee and their community
partners to prepare the new community land trust entity for its initial operations. Our work in this
phase, beginning in early 2026, would include:
• If not already completed in Phase 2, recommend skill sets and perspectives to be represented
on the CLT’s initial board of directors – which, hopefully, will include at least some of the
members of the CLT planning committee.
• Assist the initial governing board, once seated, to design the CLT’s homeownership program,
including:
– Finalizing the terms and conditions of the ground lease agreement, including a resale
formula, to be executed with CLT homebuyers.
– Orienting local mortgage lenders that need to be educated about the benefits and
requirements of leasehold mortgage financing for qualified buyers of CLT homes.
– Developing a homebuyer selection policy that articulates threshold eligibility
requirements for CLT homeownership and a process for selecting homebuyers.
– Designing policies and procedures need to be adopted and implemented to guide the
management of the CLT’s essential stewardship functions.
• Assist the initial governing board to design the CLT’s commercial stewardship program, including
– Finalizing the terms and conditions of the commercial lease documents and/or ground
lease agreement, including a resale formula that would be utilized with the business
owner.
– Identifying the primary approaches and/or projects for which a commercial land trust
would be utilized in the City of Aspen.
– Developing a framework by which businesses and properties would be brought into the
commercial land trust.
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– Designing policies and procedures need to be adopted and implemented to guide the
management of the CLT’s essential stewardship functions.
• Assist the CLT’s board of directors in the soliciting and hiring of its first staffing. The business
plan will have already identified the growth plan for staffing, but it is assumed a key staff
position will be hired in Phase 3 to accomplish the organization’s early goals and bring the first
properties into the community land trust. Steps that Burlington Associates would support in
these efforts include:
– Outreach and commitments from local lenders, realtors, title companies and other
industry stakeholders to ensure they are aligned with the work of the CLT prior the first
buyer closing.
– Creation of necessary CLT documents, including buyer acknowledgments, purchase
agreement addendums, homebuyer information manual, buyer orientations, and other
supporting materials.
– Support in developing the back-room data collection and filing systems that will be
necessary to operate a CLT.
• Develop the necessary organizational policies and procedures for the newly-formed CLT. These
items would include:
– Personnel Policy
– Financial Procedures Manual
– Disaster and Emergency Manual
• Ultimately, prepare the final report to City of Aspen, along with other deliverables, no later than
September 1, 2026.
Given the successes of its affordable deed restriction programs to date as well as the continued
affordability challenges faced by the City of Aspen, Burlington Associates will continue to work with the
CLT’s board of directors and staff to think through the long-term implications of starting and stewarding
a community land trust. In particular, Burlington Associates will continue to support the organization
through Phase 3 on the following items:
Stewardship
Based on our extensive experience with community land trusts over the past several decades, we know
and embrace the critical importance of ongoing stewardship of CLT homes and their owners and
tenants. For CLTs with portfolios of below-market owner-occupied homes, these non-negotiable
responsibilities include orienting interested, potential homebuyers regarding the benefits and
responsibilities of buying, owning, and selling a CLT home; monitoring (and enforcing, when required)
each homeowner’s compliance with the terms of the lease agreements they signed; providing or
arranging for supplemental assistance that may be needed by homeowners to help them remain
successful as homeowners; and, at resale, managing the transfer of ownership from the outgoing seller
to the new, incoming homebuyer. All of these essential functions must be managed by the CLT, with
dedicated resources, on a day-to-day and month-to-month basis during the 99-year terms of the
inheritable, renewable lease agreements.
Portfolio expansion
Related to issues around these stewardship commitments is the matter of whether these any of these
existing deed-restricted units may be able to be brought into the CLT’s permanently affordable portfolio.
And, if so, when and how might this happen – in order to prevent the eventual loss of these homes
critically needed for members of the workforce in Aspen and Pitkin County.
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Partnerships and collaborations
In addition to the affordable housing programs operated by City of Aspen, the Aspen Pitkin County
Housing Authority – operating through an intergovernmental agreement between the City and the
County – also works in the local community development and affordable housing space in Pitkin County.
In order to minimize confusion and the potential for conflict, as well as to maximize efficiencies and
economies of scale – and to enhance the prospects for the ongoing success of any CLT to be developed –
attention will need to be paid to assessing and determining the community land trust’s working
relationship not only with the City of Aspen but also with Pitkin County and APCHA.
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Section 4: References
CheqBUILT, Inc. – Ashland and Bayfield Counties, WI
Kellie Peterson, Board Chair
kellie.pederson@wisc.edu
715-292-5582
Jeff Washburne worked with advisory committee to develop an operational community land trust serving
Ashland and Bayfield Counties in Northern Wisconsin. These counties are increasingly vacation and
retirement communities located on Lake Superior. Developed organizational documents, community land
trust documents, and business plan for operations from September 2023 to May 2024.
Detroit Justice Center – Detroit, MI
Mark Bennett, Esq., Staff Attorney
mbennett@detroitjustice.org
248-672-1944
Under contract with the Detroit Justice Center, Jeff Washburne is working with five separate
neighborhood organizations in Detroit to establish operational Community Land Trusts serving their
unique communities. Scope of work for each organization varies depending on structure, implementation
strategy, and neighborhood conditions. The first project began in January 2024 and consulting is ongoing
with the various neighborhood community land trusts.
Madison Area Community Land Trust – Madison, WI
Olivia Williams, Executive Director
olivia@maclt.org
904-305-0750
The Madison Area Community Land Trust (MACLT) is one of the older community land trusts in the
nation, incorporated in the 1980’s with approximately 100 homes in trust. Jeff Washburne assisted the
MACLT convert their 25% appraisal-based resale formula to a 1% simple, fixed-rate resale formula and
developed a model qualified capital improvements policy specifically to be used with a fixed-rate resale
formula. This work was conducted from March 2023-December 2023.
Headwaters Community Housing Trust – Bozeman, MT
Carson Taylor, Former Mayor, former President – and current director on HCHT’s board of directors
carsongtaylor@gmail.com
406-579-6423
The City of Bozeman is the fastest growing micropolitan area in the United States – and the city and
surrounding Gallatin Valley is a very expensive housing market that continues to appreciate rapidly.
Michael Brown assisted and advised the creation of Headwaters Community Housing Trust and served as
its Executive Director for the first two years of its operations. Incorporated in 2020, HCHT’s mission is to
create and steward permanently affordable for-sale homes for local working families and individuals
with incomes between 100%-160% of local median income. In its first development, HCHT designed and
completed the mixed-income Bridger View neighborhood, which includes 62, highly energy-energy
efficient, sustainably-built homes in northeast Bozeman. 31 of the 1BR, 2BR, and 3BR homes were sold
fee simple at market-rate prices. The other 31 homes, identical to the market-rate homes mixed
throughout the neighborhood, were priced initially at just under one-half of their market values, sold on
HCHT-leased land, and will be kept affordable forever for local working households otherwise priced out
of the Bozeman market.
Kaniksu Land Trust – Sand Point, ID
Katie Eglund Cox, Executive Director
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katie@kaniksu.org
208-263-9471
Kaniksu Land Trust is a conversation land trust operating in a 3-county service area in northern Idaho.
Driven by ever-escalating land and housing values in the amenity-rich region in which it operates – and
with the encouragement of local policymakers and community leaders – KLT contracted with Michael
Brown to assist a community-based planning committee to develop a business plan for a to-be-
established local community land trust sponsored by KLT. The target clientele for the CLT, as with
Headwaters, are the “missing middle” – i.e., local working households who earn too much to qualify for
any available federal or state housing affordability assistance (>80% AMI) but are rapidly being displaced
from the communities in which they work, due to escalating housing values. Work continues – with
outcomes completed to date that include: finalizing the ground lease and resale formula; developing a
homebuyer selection policy; and initial work on stewardship policies and procedures.
West Side Community Land Trust – Charlotte, NC
Charis Blackmon, Executive Director
cblackmon@westsideclt.org
980-999-1342
In 2016, Michael Brown assisted the founders of the West Side CLT to determine the feasibility of
establishing and operating a community land trust and to develop a business plan that could guide its
formation and initiatives during its first five years of operations. In 2024, after successfully achieving
many of the objectives articulated in the initial business plan, the WSCLT board and staff asked Michael
to assist them in developing an updated business plan for the next five years. This planning process –
beginning on April 6 in a full-day planning retreat with the board of director and staff and continuing
through September of this year – emphasizes continuing WSCLT’s current activities, expanding its
geographic service area, and diversifying its portfolio to include commercial properties, mixed-use
properties, and new mixed-income neighborhoods.
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Section 5: Fee Proposal and Schedule
Burlington Associates has acknowledged the proposed schedule outlined in the RFP and is in a position
to complete the project timeline as presented with a few recommended modifications. Burlington
Associates would recommend the creation of the Governing Board to correspond with the approval of
the bylaws and submission of the form 1023 501(c)(3) application to the IRS and be completed in Phase
2 of the Scope of Work. The hourly rate for Bulington Associates partners is $250/hour and all three
scopes of work associated with this RFP are estimated to be 464 total hours. The anticipated payment
schedule linked to project milestones are described below:
Phase 1: Feasibility Study and Community Engagement Kick-off
• Feasibility Study
• Case Study Report
• Stakeholder Conversations and Engagement
• Community Engagement Kick-off
• Recommendation to (or not to) create a Community Land Trust
Anticipates a total of three in-person visits. Two during the fall of 2024 (2 days/1 night) for the kick-off of
stakeholder conversations and another in the spring of 2025 (2 days/1 night) for presentation of the
Feasibility Study and Case Study Report.
Timeframe: September 1, 2024 - March 31, 2025
Estimated Professional Services Cost (Hours): $41,000 (164 hours)
Estimated Travel and Meeting Costs: $4,200
Phase 2: Program Development and Business Plan Outline
• Development of 5-year Operational Business Plan
• Continued Stakeholder Conversations and Engagement
• Recruitment and Seating of a Community Land Trust Advisory Committee
• Development of Draft Organizational and Legal Documents, including formation of the CLT
Board of Directors, incorporation as a Colorado nonprofit organization, and application for
501c3 status with the IRS.
Anticipates two in-person visits. One during early summer 2025 (2 days/1 night) to work through
organizational bylaws considerations and another in late summer 2025 (2 days/1 night) to present the
final business plan and kick-off of phase 3.
Timeframe: April 1, 2025 - December 31, 2025
Estimated Professional Services Cost (Hours): $34,000 (136 hours)
Estimated Travel and Meeting Costs: $1,900
Phase 3: Launch of the Community Land Trust
• Development of Community Land Trust Ground Lease and Resale Formula
• Creation of Community Land Trust Policies and Procedures
• Continued Stakeholder Conversations and Engagement
• Work with board to identify initial funding sources for staffing, operations, and necessary Gap
funding for Community Land Trust homes
• Hiring of initial staff
• Work with Community Land Trust through first Community Land Trust closing(s).
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Anticipates two in-person visits (2 days/1 night) during Phase 3.
Timeframe: January 1, 2026 - October 31, 2026
Estimated Professional Services Cost (Hours): $41,000 (164 hours)
Estimated Travel and Meeting Costs: $2,000
Travel time is included in the professional hours billed, to a maximum of eight (8) hours per day. Travel
costs (airfare, ground transportation, overnight lodging, and per diem have been estimated but will be
billed for reimbursement at their actual cost.
Professional services provided by Burlington Associates shall be billed at the rate of two hundred fifty
dollars ($250.00) per hour, with a maximum budget for professional services not to exceed $116,000.
Should the City of Aspen request additional services beyond the scope of work outlined above, this work
would be billed at a rate of $250.00/hour and would be in addition to the estimated budget included in
this proposal. The budget for Burlington Associates’ consulting services does not include any legal fees or
filing fees to be incurred by the City of Aspen related to the proposed development or creation and
operation of a Community Land Trust. At the request of the City of Aspen, these legal and filing fees could
be estimated for the City of Aspen.
In addition to compensation for professional services, Burlington Associates will be reimbursed by at cost
for documented expenses paid by Burlington Associates in carrying out the Services to be Provided by the
Consultant are specified, including copying, postage, food, lodging, plane, travel, ground transportation
and costs associated with on-site meetings and event. A break-down of those anticipated costs and overall
total project budget is listed below:
Phase Budget Item Notes Professional
Services
Anticipated
Reimbursement
1
Professional Services 164 hours $41,000
Site Visit: Kick-off for community
engagement (Jeff Washburne)
One (1) 2-
day visits
$900
Site Visit: Kick-off for community
engagement (Michael Brown)
One (1) 2-
day visits
$900
Site Visit: Present Phase 1 & Kick-off
Phase 2
One (1) 2-
day visits
$900
Anticipated kick-off meeting costs $1,500
2
Professional Services 136 hours $34,000
Site Visit: Community Conversations &
Public Engagement
One (1) 2-
day visits
$950
Site Visit: Community Conversations &
Public Engagement
One (1) 2-
day visits
$950
3
Professional Services 164 hours $41,000
Site Visit: Board and staff
implementation support
One (1) 2-
day visits
$1,000
Site Visit: Board and staff
implementation support
One (1) 2-
day visits
$1,000
Total Estimated Fee/Reimbursement $116,000 $8,100
TOTAL $124,100
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