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RESOLUTION NO._____
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AND
BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY
OF RICHMOND (RHA) ADOPTING THE HOUSING AUTHORITY AMENDED FISCAL YEAR 2021-2022 OPERATING BUDGET WITH PROPOSED REV ENUES IN THE AMOUNT OF $4,763,120, TOTAL PROPOSED EXPENDITURES OF $4,763,120, AND AN AMENDMENT TO DECREASE THE RHA SUBSIDY FROM THE CITY OF RICHMOND GENERAL FUND FROM $1,141,828 TO $770,372, AND
APPROVING AND AUTHORIZ ING EXECUTION OF A REPAYMENT
AGREEMENT BY THE RHA EXECUTIVE DIRECTOR AND CITY MANAGER
WHEREAS, the Richmond Housing Authority (RHA) is a public entity chartered by the City of Richmond, California, as a separate legal entity under the provisions of the U.S. Housing Act of 1937; and
WHEREAS, RHA’s programs are funded by the federal government, subject to the rules and guidelines of the United States Department of Housing and Urban Development (HUD); and
WHEREAS, RHA’s mission is to provide decent, safe and sanitary affordable housing and coordinate supportive services for low-income residents and program participants of the City of Richmond; and
WHEREAS, RHA administers the Low Rent Public Housing Program, and administers the Capital Fund Grant Modernization Program to fund rehabilitation activity on its existing public housing stock; and
WHEREAS, the RHA’s main goals and objectives for FY 2021-2022, in addition to the administration of its core public housing programs, will be to continue the repositioning of RHA assets ; and
WHEREAS , on February 28, 2021, CVR Associates, Inc. (“C VR”) prepared and submitted to RHA, the City of Richmond, and HUD a report entitled “Report of Recommendations – Debts Owed Write Off/Repayment” addressing the scope of, and recommendations regarding, re payment of funds advanced by the City for the benefit of RHA; and
WHEREAS, on December 23,2021, the CVR report was updated and indicates that the net amount payable by RHA to the City after conveyance of the Administration Building is $531,473 (plus any r ecovered du plicate HCV payments) which is reflected i n the Repayment Agreement attached as Exhibit A .
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE
HOUSING AUTHORITY OF THE CITY OF RICHMOND AND THE MEMBERS OF
THE RICHMOND CITY COUNCIL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, THAT: the FY 2021-2022 amended operating budget for the Richmond Housing Authority in the amount of $4,763,120 in estimated revenues, and with total proposed expenditures of $4,763,120 and reflecting a reduction i n the RHA sub sidy from the City of Richmond General Fun d from $1,141,828 to $770,372 is hereby approved and adopted, and the execution by the RHA Executive Director and City Manager of the Repayment Agreement in the form attached hereto is hereby approved.
BE IT FURTHER RESOLVED THAT t he Executive Director is authorized to take all actions necessary to implement the foregoing resolution.
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I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmon d and the Richmond Housing Board of Commissioners at a joint meeting thereof held on January , by the following vote:
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AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
ATTEST:
Secretary
Approved as to form:
Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. , finally passed and adopted at a joint City Council and Housing Authority Meeting held on January .
CLERK OF THE HOUSING AUTHORITY
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Exhibit A
REPAYMENT AGREEMENT
THIS REPAYMENT AGREEMENT (“Agreement”) is entered into effective as of ______________, 2022 (“Effective Date”) by and between the Housing Auth ority of the City of Richmond, a p ublic body, corporate and politic (“ RHA”) and the City of Richmond, a municipal corporation and charter city (“City”). RHA and City are referred to herein as the “Parties.”
WHEREAS, the City has advanced certain funds fo r the benefit of RHA ( “City Advances”);
WHEREAS, CVR Associates, Inc. (“CVR”) prepared and submitted to RHA, City , and the U.S. Department of Housing and Urban Development ( “HUD”) that certain report entitled “Report of Recommendations – Debts Owed Write Off/Repayment” dated February 28, 2021 addressing the scope of, and recommendations regarding, repayment of the City Advan ces (the “ Original CVR Report”);
WHEREAS, CVR prepared an update to the Original CVR Report in the form of a Memorandum submitted to RHA, City and HUD, dated December 23, 202 1, attached to this Agreement as Exhibit A (the “CVR Update”);
WHEREAS, the Part ies desire to set forth their agreement regarding RHA’s repayment of the City Advances.
NOW THEREFORE, for good and valuable consider ation, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows.
1. Amounts Payab le to City. The Parties agree that as set forth in the CVR Update, the adjusted amount payable by RHA to the City as of the Effectiv e Date equals the sum of One Million, Two Hundred Sixty-Eight Thousand, Five Hundred Thirty-Eight Dollars ($1,268,538) (the “Adjusted Amount Payable ”). The Parties agree that the Adjusted Amount Payable will be addressed as follows:
(a) The Adjusted Amount Payable will be reduced by the sum of Three Hundred Seven Thousand, Six Hundred Forty -Nine Dollars ($30 7,649) upon RHA ’s conveyance of the RHA Administration Building to the City.
(b) RHA will repay to the City the sum of Five Hundred Thirty -One Thousand, Four Hundred Seventy-Three Dollars ($531,473).
(c) The CVR Update identifies the sum of Four Hundred Twenty -Nine Thousand, Four Hundred Sixteen Dollars ($429,416) in duplicate payments to Housing Choice V oucher landlords (“Duplicate HCV Payments”) . RHA will repay to the City tha t portion of the Duplicate HCV Payments that RHA is reasonably able to recover. The Par ties agree that City will write off any unrecoverable portion of the Duplicate HCV Payments, and the Adjusted Amount Payable will be reduced by the amount of any such w rite-off. The Parties agree to cooperate in attempts to recover Duplicate HCD Payments.
2. HUD Approval; Compliance with HUD Requirements . This Agreement is subject to any approval that RHA may be required to obtain from HUD. Furthermore, the Partie s acknowledge that all RHA payments to City pursuant to this Agreement will only be made from unrestricted sources of funds available to RHA and approved by HUD. Without limiting the generality of the foregoing, the Part ies acknowledge that RHA is requir ed to use public housing revenue to operate and maintain RHA’s public housing properties until such time as such assets are repositioned.
3. General Provisions.
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3.1 Actions by the Parties. Whenever this Agreement call s for or permits the approval, con sent, authorization or waiver of RHA, the approval, consent, authorization, or waiver of RHA’s Executive Director shall constitute the approval, consent, authorization or waiver of RHA without further action of the Commission. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of City, the approval, consent, authorization, or waiver of City’s City Manager or designee shall constitute the approval, consent, authorization or waiver of City without further action of the City Council.
3.2 Governing Law; Venue. This Agreement shall be governed and const rued in accordance with the laws of the State of California, excluding principles of conflicts of law. Any litigation arising under t his Agreement shall be prosecuted i n the Superior Court of California, County of Contra Costa, and all parties waive their respective rights to change venue pursuant to Section 394 of the Code of Civil Procedure.
3.3 Entire Agreement. This Agreement, tog ether with Exhibit A attached heret o and incorporated herein by reference, constitutes the entire agreement between the Par ties with respect to the subject matter hereof, and supersedes all prior oral or written agreements pertaining thereto.
3.4 Amendments; Waivers. This Agreement may n ot be amended or modified except by a written instrument signed by both Parties. No wai ver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of a ny obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension sh all be valid unless in writing and executed by the waiving party.
3.5 Headings; Interpretation. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. Any reference to a particular section of this Agreement shall mean a reference to all subsections thereof. The Parties acknowledge that this Agreement is th e product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.
3.6 Severability. Each provision of this Agreement shall be considered severable, and if any provision of this Agreement is determined to be invalid or cont rary to any existing or future law, such invalidity shall not impair the remainder of this Agreement provided that the remainder of the Agreement can, absent the excise d portion, be reasonably interpreted to give effect to the intentions of the Parties.
3.7 No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be deemed to confer upon any person other than th e Parties any legal or equitable ri ght, remedy or claim under or by reason of this Agreement.
3.8 Authority. Each person executing this Agreement on behalf of a Party represents that they are duly authorized to sign and deliver this Agreement on behal f of such Party, and that this Agreement is binding on such Party in accordance with its terms.
3.9 Counterparts; PDF and Facsimile Transmissions. This Agreement may be executed and delivered in any number of counterparts, each of which when so executed and delivered will be deemed an or iginal, and all of which together shall constitute one and the same agreement.
Signatures transmitted by telecopy or as emailed PDF copies shall be binding as originals, and each Party hereby waive any defenses to the e nforcement of the terms of this Agr eement or any document sent by emailed PDF, based upon the manner of transmission or for m of signature (electronic, facsimile or "ink original").
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IN WITNESS WHEREOF, the Parties have executed this Agre ement effective as of the date first written above.
RHA:
CITY:
HOUSING AUTHORITY OF THE CITY
OF RICHMOND, a public body, corporate
and politic
By:_____________________________
Nannette J. Beacham,
Executive Director
CITY OF RICHMOND, a California
municipal corporation and charter city
By:_____________________________
Name:__________________________
Title:___________________________
Attest:
By:______________________________
Approved as to form:
By:______________________________
Attest:
By:______________________________
Approved as to form:
By:______________________________
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Exhibit A
CVR MEMORANDUM DATED DECEMBER 23, 2021
(Attach Memorandum.)
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