Memorandum of Understanding
TJiis Memorandum ofUnderstandmg ("MOU") is entered into and effective as of October _tf__, 2024 ("Effective Date") by and between Richmond Police Activities League, a California public benefit corporation ("RPAL"), Tiny Village Spirit, a California public benefit corporation ("TVS"), Hope Solutions, a California public benefit corporation ("Hope Solutions") and Safe Organized Spaces—Richmond, a California public benefit corporation ("SOS Richmond") (collectively hereafter the "Parties").
1. RPAL leases that certain real property m the City of Richmond, County of Contra Costa, State of California located on the south side ofBissell Avenue between 22nd and 23rd Streets (a triangular remainder ofAPNs 514-020-001 through 514-020-015) that is described more particularly in Exhibit A (the "Property") from the City of Richmond ("City") pursuant to an Agreement to Lease dated March 8,2022 ("2022 Lease") as amended by the Fu-st Amendment to the Lease dated October 31,2023 ("First Amendment") (collectively the "Lease") a copy of which is attached as Exhibit B and is hereby incorporated by reference.
2. TVS seeks to create and operate a Tiny House Village and related structures necessary to operate the Village upon a portion of the Property to house and serve homeless youth as described in the First Amendment to the Lease. The Prqj ect shall include construction and operation of seven (7) tiny houses ("Tiny Homes") on the Property, and with City's prior written consent, another six (6) Tioy Homes as described in more detail m Exhibit D. T.he Tiny Homes shall be made available at affordable rent to unhoused youth age 18-24 and one onsife Resident Manager (the "Project"). The parties agree that TVS and its licensed contractors shall construct and create the Tiny Homes and related structures.
TVS shall own the Tiny Homes. The parties agree that upon completion of construction. Hope Solutions shall provide professional property management and homeless supportive services for the Project under contract with TVS. The Parties agree that upon completion of construction, SOS Richmond shall provide professional security services for the Project under a sub-contract with Hope Solutions, as described in more detail in Exhibit G.
3. The purpose of this MOU is to satisfy the conditions imposed m Section 9.5 of the First Amendmeut. To the extent all such conditions are satisfied and so long as TVS and entities contracted by TVS are solely and exclusively responsible and liable for all permitting, legal compliance, construction, ownership, operation, maintenance, insurance, security and supportive services regarding the Project, KPAL shall sub-lease a portion of the Properly depicted on Exhibit C (the "Project Area") to TVS so fhat TVS can create and operate the Project for the term and upon all terms stated in the First Amendment, tlus MOU and a sub-lease agreement to be executed by RPAL and TVS. TVS agrees that all of its activities related to the Project and fhis MOU shall comply with all terms oftlie Lease.
4. The Parties agree that (he sub-lease for the Project Area shall be co.oamercially reasonable and shall include the following terms:
(a) TVS's use of the Project Area shall be exclusively for Project uses. TVS shall not allow any activities that are illegal or that constitute a nuisance upon the Project Area. TVS shall not permit residential occupancy of any structure until said structm'e receives a final Certificate of Occupancy. (b) Any construction upon the Project Area shall be only as depicted in the plans and specifications in Exhibit D and only as approved and permitted by all applicable government agencies.
TVS shall protect RPAL from mechanics liens , TVS and its contractors shall obtain all required Memorandum of Understanding Page 1 of 11
workers compensation insurance as well as comprehensive construction liability insurance prior to conducting any consti'uction activities upon the Project Area, TVS shall only enter into contracts with licensed entities for any construction activity that requires a license, All work performed in relation to the Project by TVS, any entity contracted by TVS or any of their volunteers, agents, representatives, or contractors shall comply with all relevant federal, state and local laws, rules, regulations and standards, zoning and building codes, ordinances, operating certificates for facilities, or licenses for an activity, (c) Upon completion of construction and throughout the term of the sub-lease, TVS shall contract with Hope Solutions (or another professional property management and homeless supportive services provider hired by TVS, subject to approved by RPAL and the City) to manage the Program Area and the Program participants, TVS shall only enter into contracts with licensed entities for any activity that requires a license.
(d) Upon execution of the sub-lease and throughout its term, SOS Richmon.d (or a sub- contractor hu-ed by Hope Solutions, subject to approved by TVS, RPAL and the City) shall provide security services for the Project Area.
(e) TVS shall pay all expenses for utilities, maintenance, operation and insurance regarding the Project Area. RPAL shall not be responsible for any cost or expense related to the Project Area during the term of the sub-lease.
(f) TVS shall not assign the suMease without the prior written consent ofRPAL. TVS may sub-lease or sub-Ucense the residential portion of tiny houses located within the Project Area to TVS program participants without RPAL's consent.
(g) TVS shall maintain general commercial liability insurance regarding all operation, occupancy, maintenance and use of die Project Area in an amount requu-ed by Exhibit A of the Lease.
All contractors retained by TVS shall be required to purchase insurance regarding their operations with siimlar limits with TVS named as an additionally insured. (h) TVS shall indemnify and hold RPAL harmless against and from any and all claims arising from TVS's use of Project Area.
5. Upon RPAL's sub-lease of (he sub-Premises, TVS and its agents shall make The Tiny Homes available at affordable rent to unhoused youth age 18-24 and one onsite "Resident Manager".
Kitchen, bathroom facilities, and parking will be on the Property adjacent to the Tiny Homes. The Tiny Homes may remain on the Property for a period of twelve (12) months commencing upon fhe date that they are installed pursuant to City permits. With City's prior written consent, such period may be extended for one additional year. Upon City's written approval, another six (6) Tiny Homes may be placed on the Property subject to the conditions set forth in this Section 9.1 and Section 9.5 of the Pu-st Amendment.
6. TVS agrees that City's issuance of applicable permits is required prior to fhe installation of any and all sb-uctures on the Property.
7. TVS shall satisfy all of the following conditions contained in Section 9.5 of the First Amendment as follows:
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(i) TVS must correct all violations described m that certain letter dated August 23,2023 , delivered to RPALby City. These include, without limitation, the requirement to obtain applicable use permits for storage facilities and structoes and uses.
(ii) TVS must submit for City review and approval the description of the schedule, costs, responsibilities, and obligations of each party responsible for mstaUation/constmctlon and operation, management and maintenance of the Tiny Homes attached hereto as Exhibit E. (iii) TVS must create a site plan for the Project Area showing the proposed location of the Tiny Homes, and must obtain approval of such plan from the City Planning Department and City Fire Department. (RPAL shall be responsible for creatmg a site plan for the Property showing the proposed location of the Community Garden (as that term. is defined in the First Amendment), and must obtain approval of such plan from the City Planning Department and City Pire Department.) (iv) TVS must submit to City for City review and approval the fmancing plan. attached hereto as Exhibit F detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Tiny Homes. (RPAL must submit to City for City review and approval, a financing plan detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Community Garden.)
(v) TVS must submit to City for City review and approval tlie management plan for Hope Solutions regarding the Tiny Homes attached hereto as Exhibit 0. Such plan must include and a plan describing tenant selection procedures, resident services, and charges payable by residents. (vi) TVS, Hope Solutions and SOS Richmond shall provide evidence ofiasurance in compliance with tile requirements set forth in Exhibit A attached to the First Amendment to Lease.
8. Tlie parties agree that RPAL shall be solely responsible for meeting all of its obligations under its original October, 2010 Lease regarding parkmg and an amended March 2022 Lease regarding gardens.
9. The parties acknowledge and agree that the Lease requires that upon termination, the Property shall be returned in its original condition to the City of Richmond, TVS shall be solely responsible for returning the Project Area to its original condition upon termination of the Lease or the sub-Iease,
10, The parties acknowledge and agree that any final development and site use plan is subject to provisions of the State Surplus Lands Act including AB 1486.
11. RPAL and TVS agree to execute, within a reasonable time after written request, any documents required by the other party or any third party related to the Project to carry out the intent of •thisMOU.
12. . Any party may terminate this MOD for material breach of the MOU by providing written notice to the breaching party describing the breach and giving the other parties seven (7) days to cure the breach. Unless the breach is cured within the notice period, this MOD shall terminate at the expiration of the notice period, provided, however, that if the nature of breach Memorandum of Understanding Page 3 of 11
4 8,
Exhibit A
(Legal Description of Property)
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Exhibit A
(Legal Description of Property)
All that certain real property situated in the City of Richmond, County of Contra Costa, State of California, more particularly described as follows:
Parcel One:
A portion of Lots I -14 and 27-32 of Block 95, as sliown on that cenain map entitled "Map of Richmond" filed for record in the office of (lie County Recorder of Contra Costa County, State of California.
Assessor's Parcel Number (APN): 514-020-001 -4
Mailing Address: 450 Civic Center Plaza, Richmond, CA 94804-1630 Legal Descn'ption: CITY OF RICHMOND LTS 1-14 & 27-32 BLK 95 Use Type; Government
Tax Rate Area; 008-127
Lot Acres; 1,226
Lot SqFt: 53,438
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Exhibit B
(Lease and First Amendment)
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Exhibit B
(Lease and First Amendment)
AGREEMENT TO LEASE
THIS AGREEMENT TO LEASE (herein after referred to as the "Agreement") is made and entered into as of this _day ofFebruaiy 2022 to be effective as herein below set forth, by and between tlie CITY OP RICHMOND, a municipal corporation and charter city (hereinafter called "Landlord") and Richmond Police Activities League, Inc., a California nonprofit corporation (hereinafter called "Tenant"),
WITNBSSETH:
WHEREAS, LANDLORD is the owner of certain real property in the City of Richmond, County of Contra Costa, State of California, located on the south side ofBissell Avenue between 22nd and 23rd Streets, (a triangular remainder of APNs 514-020-001 through 514-020- 015), and that is described more particularly in Exhibit "A" (tlie "Property"); and
WHEREAS, Tenant seeks to construct and maintain a parking lot on the Property as an appurtenance for the Richmond Police Activities League Gymnasium located at 2200 Macdonald Avenue for the purposes permitted in Section 9 of this Agreement; and
WHEREAS, Tenant seeks to create a community garden and
conduct supportive programs; and
WHEREAS, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Property.
NOW, THEREFORE in consideration of the mutual covenants and agreements set forth herein, the parties hereto agree as follows; Section 1. Property.
1.1 Landlord is the owner of the Property.
1.2 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property for the purposes permitted in Section 9 of this Agreement.
Section 2. Term of Agreement.
2.1 Initial Term.
Tlie effective date of this Agreement shall be February _, 2022 (hereinafter called "Effective Date"). The Term of this Agreement shall be for ten (10) years Memorandum of Understanding Page 7 of 62
commencing upon tlie Effective Date and continuing through February 2031 (hereinafter called the "Term") at which time this Agreement shall automatically terminate unless Tenant exercises its two (2) successive five (5) year option periods as provided for in Section 2.2 of this Agreement,
2.2 Option Term.
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Landlord hereby grants to Tenant tlie option to extend the term of this Agreement for two (2) additional five (5) year periods commencing when the prior term expires upon eacli and all of the following terms and conditions (such periods are refenred to herein as the "Extended Term"):
2.2.1 In order to exercise an option to extend. Tenant must give written notice of such election to Landlord and Landlord must receive the same at least thirty (30) days but not more than ninety (90) days prior to the date that the option period would commence, time being of tlie essence. If proper notification oftlie exercise of an option is not given and/or received, sucli option shall automatically expire. Options may only be exercised consecutively.
2.2.2 Base. Rent for any Extended Term shall be subject to an annual adjustment as provided in Section 3.2 of tliis Agreement and shall continue at rate existing at end of initial lease period.
2.2.3 Except for tlie provisions of this Agreement granting options to extend the Term; all of the terms and conditions of this Agreement, except where specifically modified by this Section 2.2 shall apply.
2.2.4 All renewal options granted pursuant to this Section
2.2 shall be personal to Tenant, The exercise of tins option term is subject to the condition that Tenant is not in default under the temis of this Agreement.
Notwithstanding the provisions oftliis Section 2.2 otherwise, Landlord shall have the right to terminate Tenant's leasing of the Property (or an)' portion {hereof) during any Extended Term upon ninety (90) days written notice to Tenant, without cause, for any reason.
2.3 Reserved_Easements.
Landlord reserves to itself and tile right to grant to others in the future nonexclusive utility easements (including easements for construction, maintenance, repair, replacement and reconstruction of sucli utility easements) over, under, though, across or on the Property, provided Landlord sliall use reasonable efforts to provide that such work occurring and any easement is located sucli that it will not unreasonably interfere with Tenant's use and enjoyment of the Property. Tenant shall not be obligated to maintain or repair easement facilities unless the need for repair is caused by Tenant's negligence or other wrongful Memorandum of Understanding Page 8 of 62
conduct. Tenant shall be given reasonable notice before commencement of any work on the Property, Work occurring, shall, to the extent reasonably practicable, not prevent Tenant's use of the Property for the purposes specified in Section 9. In the event (lie installation or maintenance of such future utility lines in such easements causes any damage to the Property, or any portion thereof, including but not limited to pavement, curbs and sidewalks, the same shall be repaired by Landlord to at least the condition in existence prior to the work referred to in this Section, at its expense, if not so repaired by (lie party installing and maintaining (lie utility lines.
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Section 3. Rental Payments.
3.1 Base Rent.
During the Term Tenant shall pay to Landlord as annual rental, witliout deduction, setoff, prior notice or demand, the sum of $1.00 Dollar ($1.00) commencing on the Effective Date and continuing annually during the Tenn or any Extended Temi.
3.2 Extended Term Rent
Commencing with tlie first day of (lie Extended Term, Tenant agrees to pay to Landlord the annual rent whicli was payable by Tenant for the last month of (lie immediately preceding year.
Section 4. General Covenants.
Tenant shall commence paying rent upon the effective date of this Agreement, Upon Tenant paying the Rent for the Property as herein provided, and observing and performing all of (lie covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of tile Property for the entire Term and any Extended Term hereof subject ta (lie provisions of this Agreement.
Section 5. Acceptance ofProoertv.
Tenant's taking possession of the Property on the Effective Date shall constitute Tenant's acknowledgment that the Property are in good condition and that Tenant accepts the Property "AS IS", Tenant shall be responsible for installing and maintaining all improvements required to use the property for the puiposes set forth in Section 9,
Section 6. Taxes,
Tenant shall pay all taxes which may be levied, imposed, or Memorandum of Understanding Page 9 of 62
assessed upon or against the Property, or any possessory interest right which Tenant may have in or to the Property by reason of its use or occupancy thereof, and upon or against tlie structures, personal property and improvements located thereon. Tenant recognizes and undeistands that this Agreement may create a possessory interest subject to property taxation and that Tenant may be subject to the payment of property taxes levied on such interest. Tenant agrees to pay all taxes, assessments, and charges on goods, merchandise, appliances, equipment, and property owned by it in or about said Property,
Section 7, Safety Precautions.
Tenant agrees not to (a) employ or use ways or means, which are, dangerous on account of fire, explosions, or other hazardous risks over and above those normally associated with the type of business permitted in Section 9 of this Agreement, or (b) load or unload, handle or store in, on or around the Property any material or substance which would be dangerous because of the RPAL PARKING LOT LEASE Page 3 of 24
reasons set forth in (a) above, or would cause a cancellation of, or an increase in premiums payable under any policy of insurance maintained by Landlord in connection with the Property, if any.
Section 8. Comoliance with Laws.
8,1 Compliance Generally. Tenant shall comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations, and the orders and decrees of any courts or administrative bodies ortribunals including municipal autliorities, with respect to this Agreement, including without limitation environmental laws, employment discrimination laws, and prevailing wage laws for work that is not performed by "volunteers" as defined in California Labor Code Section 1720.4. Compliance under this provision includes compliance witli all provision_ofthe Municipal Code of the City of Richmond ("Municipal Code") including Chapter 2.28 and Chapters 2.50, 2,52, 2.56, and 2.60, if applicable, which are herein incorporated by reference. Tenant shall be responsible for paying any fines or charges which may be levied by said agencies, departments, authorities, tribunals, administrative bodies or courts for violations of said laws, orders, decrees, rules, regulations, ordinances and requirements arising out of Tenant's use and occupancy of the Property.
8.2 Compliance with Municipal Code Chapter 2.28.030.
Tenant agrees to observe the provisions of Section 2.28.030 of the Municipal Code obligating every contractor or subcontractor under a contract or subcontract with the City public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, Memorandum of Understanding Page 10 of 62
sex, sexual orientation, religious creed, national origin or ancestiy of any employee, any applicant for employment or any potential subcontractor. Said Section 2.28.030, if applicable, is, by this reference, made a part of this Agreement,
8.3 Conmliance with Municipal Code Cliaoter 2,60.
Tenant agrees to comply with all applicable requirements of the Chapter 2.60 of the Municipal Code ("Living Wage Ordinance") which is incorporated into this Agreement by tliis reference. As required under Section
2.60.070, Tenant shall, upon request, promptly provide to Landlord documents and information verifying its compliance with the Living Wage Ordinance for all work perfonned by persons otlier than "volunteers" as defined in California Labor Code Section 1720.4.. Also as required by Section 2.60.070, Tenant shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Section 9. UseoftheProGertv.
9,1 Tlie Tenant shall install and maintain the surface parking facilities and any improvements related to (lie community garden and its related programs (including all required fencing, landscaping, irrigation, lighting, and security features) on the property and shall not erect
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any pemianent structures on the property without the approval of the Landlord and following completion of the appropriate plans submitted to tlie Community Development Department and receipt of the necessary permits and financing.
Tenant sliall use the Property for surface parking and for such other uses as may be consistent with surface parking, such as temporary storage of building materials, for the Richmond Police Activities League only and for no other purpose, in all cases, subject to the terms of this Agreement. All other uses shall require the prior written approval of Landlord and sliall be conducted consistent with tlie provisions of the Agreement.
9.2 Tenant agrees it will use due diligence to require all persons entering upon the Property not to use the Property in whole or in part during the Term or any Extended Term of this Agreement for any purpose other than as hereinabove set forth, except with the prior written consent of Landlord, at its sole discretion. Tenant shall • bring, at its own cost and expense, its own machinery, equipment, fixtures, and other personal property necessary or convenient to its construction and operation of the Property.
9.3 Tenant shall not perform or permit repair work to any vehicle parked at the Property.
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9.4 Tenant shall not permit any vehicles that are not registered to the Tenant to park overnight on tiie Property, except by the express written consent of the Landlord.
Section 10. Maintenance. Alterations and Surrender ofPropertv. 10,1 Tenant shall, tliroughout the Term or any Extended Tenn of this Agreement and so long as it remains in the possession of the Property, maintain the Property in good, safe and sanitary condition and keep the Property in good repair, except as provided in Section 15 of this Agreement. Landlord shall not Iiave any responsibility to maintain the Property or to make repairs. No hazardous materials are allowed to be used or stored at the Property at any time, 10,2 Tenant shall not commit, suffer or permit any nuisance in or about (lie Property.
10,3 Tenant sliall not make any alterations and/or improvements to (lie Property without the prior written consent of Landlord, which shall not be unreasonably withheld provided tliat Tenant has received all required discretionary land use approvals. Tenant sliall apply for and exercise diligent goad faith efforts to obtain all necessary land use approvals (the "Land Use Approvals"), including but not limited to City of Richmond design review approval, as necessaiy for any alterations and/or improvements. Landlord's consent to alterations and/or improvements sliall not substitute for or guarantee grant of Land Use Approvals. 10,4 Landlord's consent to Tenant's application for alterations and/or improvements does not obligate any City of Richmond official, department, board, commission, employee or the City Council to approve such alterations and/or improvements. The City retains
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its discretion to approve or disapprove any alterations and/or improvements. Any alterations and/or improvements made shall remain on and be surrendered with the Property on expiration or tennination of (lie Term or any Extended Term, except that Landlord may elect within thirty (30) days before expiration of (he Term or any Extended Term, or within thirty (30) days after termination of the Term or any Extended Term, to require Tenant to remove any alterations and/or improvements which Tenant has made to the Property, If Landlord so elects, Tenant at its sole cost and expense shall restore the Property to the condition designated by Landlord in its election, before the last day of the Term or any Extended Term, or within sixty (60) days after notice of election is given, whichever is later.
10.5 Wliere Landlord consents to Tenant's alterations and/or improvements to the Property as provided in this Section, such alterations and/or improvements shall not be commenced until ten (10) days after Landlord has Memorandum of Understanding Page 12 of 62
received notice from Tenant stating the date the installation of the alterations and/or improvements is to commence so that Landlord can post and record an appropriate notice ofnon-responsibility.
10.6 The costs of maintenance and repair of any Tenant alterations and/or improvements and the costs of ordinary maintenance and repair of the Property shall be paid by (he Tenant. Tenant shall return the Property to Landlord in as good condition as when delivered, less ordinary wear and tear.
Section 11. Duh' to Guard Goods. Fire Equipment.
11.1 Except to the extent caused by Landlord's sole active negligence or willful misconduct. Landlord shall have no liability for any loss or damage to the goods, material, property and equipment of Tenant or third persons, upon or used in connection with the Property irrespective of the source of such loss or damage. Tenant shall provide at its own expense such security guards or alarm system as it may deem necessary for the security and protection of goods, material, property and equipment and Tenant's operations. 11,2 Tenant further agrees, at its own cost and expense, to maintain upon the Property at al! times such fire equipment as may be prescribed from time to time, including any periodic inspection and certification as may be required by the Fire Marshal of the City of Richmond, or other competent authority. Tenant shall cause all goods, materials, property and equipment to be stored in sucli a manner that any fire equipment and controls on the Property are readily accessible at all times. In the event of any danger or damage to Landlord's property caused by fire, earthquake, or like hazard, Landlord shall be immediately notified by Tenant ofsucli
danger or damage.
Section 12, Utilities.
Tenant hereby covenants and agrees to pay for all water, sewer, heat, gas, trash collection, electricity, telephone service and any other utilities which may be furnished to or used
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in or upon the Property by Tenant during the Term of this Agreement, Section 13. Indemnifioation.
13.1 To the fullest extent allowed by law, Tenant shall defend, indemnify and hold harmless tlie City of Richmond, and its elected and appointed officials, officers, employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, expert witness fees and other Memorandum of Understanding Page 13 of 62
defense costs, resulting from injury to or death sustained by any person (including Tenant's officers, employees, volunteers, agents and clients), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with this Agreement, except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of the City of Richmond, or its elected or appointed officials, officers, agents, or employees. This indemnification provision shall survive the termination of this Agreement, including any Extended Term.
13,2 In claims against any person or entity indemnified under Section 13.1 above by an employee of Tenant, anyone directly or indirectly employed by Tenant or anyone for whose acts Tenant may be liable, the indemnification obligation under Section 13.1 above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or otlier employee benefit acts.
13.3 Submission of insurance certificates, endorsements, or other proof of compliance with the insurance requirements in Section 14 below does not relieve Tenant from liability under this Section. This indemnification, hold liarmless and defense obligationsshall apply whether or not such insurance policies are applicable to any sucli damages or claims for damages.
Section 14. Insurance.
Tenant, a< its own cost and expense, shall carry and maintain the insurance coverage sel forth in Exhibit "B" attached hereto and incorporated herein by reference throughout the Term or any Extended Term of this Agreement.
Section 15. Destruction ofPropertv.
15,1 Due to Risk Covered by Insurance. Any loss, damage to or destruction of the Property covered by the insurance provided for in tliis Agreement, during (lie Term or any Extended Term of the Agreement shall have no effect upon the Term or any Extended Term, the Rent payable hereunder or any of Tenant's obligations hereunder.
15.2 Due To Risk Not Covered by Insurance. If tlie Property shall, during (lie Term or any Bxtended Term oftliis Agreement, be damaged in whole or in part by any cause of whatsoever nature arising from activities of Tenant within the Property from a risk not covered by
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the insurance provided for in this Agreement whether or not caused by the default or neglect of Tenant, its officers, employees, volunteers, agents, or clients, the Memorandum of Understanding Page 14 of 62
same shall be promptly repaired, rebuilt or replaced by Tenant at its sole cost and expense. If the existing laws do not permit the restoration, either party can terminate (his Agreement immediately by giving notice (lie other party absent any notice period prescribed otherwise in this Agreement.
15.3 New Lease Area and Relocation Benefits. If this Agreement is terminated for any reason, Landlord shall have no obligation to provide Tenant a new lease area or relocation benefits.
Section 16. Relocation Benefits.
As further and additional consideration for leasing the Property, Tenant does hereby voluntarily and knowingly release and forever discharge Landlord, and its successors and assigns, from any and all claims or demands for relocation assistance benefits which may arise by reason of Article 9 of Chapter 4 of Division 24 of the Health and Safety Code of tlie State of California, or by reason of Chapter 16 of Division 7 of Title I of the Government Code of the State of California, or by reason of the federal act entitled "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" (Public Law 91- 646), as amended, or by reason of any law or regulation of the United States of America, tlie State of California, or the City of Richmond.
Section 17. Waiver of Claims.
Tenant hereby waives any claims against the Landlord, its officers, agents and employees, for damage or loss caused by any suit or proceedings directly or indirectly attacking (he validity of this Agreement, or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same, or any part thereof, from being carried OUt.
Section 18. Sublease and Assienment.
18.1 Prohibition Asainstyo^^^ and
Encuiuberine. Tenant shall not voluntarily assign or encumber its interest in tliis Agreement or in the Property, or sublease all or any part of the Property, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the Property, without first obtaining Landlord's written consent of such assignment, encumbrance, sublease, occupancy, or use, at Landlord's sole discretion. Landlord's consent to assignment, encumbrance, sublease, occupancy, or use shall not be unreasonably withheld. Any assignment, encumbrance or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance or sublease shall constitute a further waiver of the provisions of this paragraph.
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Any dissolution, merger, consolidation, or otlier reorganization of Tenant shall be RPAL PARKING LOT LEASE Page 8 of 24
deemed a voluntary assignment.
Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Agreement, a!! rent from any subletting of all or a part of the Property as permitted by this Agreement, and Landlord, as assignee and as attomey-in-fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect such rent, and apply it toward Tenant's obligations under this Agreement; except that, until the occurrence of an act of default by Tenant, Tenant sliall have the right to collect sucli rent.
18.2 Involuntary Assignment, No interest of Tenant in this Agreement shall be assignable by operation of law, Eacli of the following acts shall be considered an involuntary assignment:
18.2.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment for tlw benefit of creditors, or institutes a bankruptcy proceeding in whicli Tenant is (he bankrupt party; or, if Tenant is a partnership or consists of more than one person or entity, if another partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or
makes an assignment for the benefit of creditors.
18.2.2 If a writ of attachment or execution is levied on tliis Agreement.
18.2.3 If, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Property.
An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Agreement, in which case tin's Agreement shall not be treated as an asset of Tenant. ]f a writ of attachment or execution is levied on (his Agreement, Tenant shall have ten (10) days in which to cause the attachment or execution to be removed. If any involuntary proceeding in bankruptcy is brought against Tenant, or if a receiver is appointed, Tenant shall have sixty (60) days in which to have the involuntary proceeding dismissed or the receiver removed.
Section 19, No Liens or Encumbrances.
Tenant shall keep the Property and Tenant's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions. Tenant shall have the right to contest any lien in good faith provided Tenant shall pay any judgment rendered prior to execution tliereon.
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Section 20. Events of Default.
If Tenant defaults in the performance of any of the covenants, conditions or agreements contained in this Agreement, then Tenant shall be deemed to have breached the Agreement and Landlord may re-enter and regain possession of the Property in the manner
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prescribed by California law.
Section 21. Right of Entry As Aeent.
In any case in which provision is made herein for the termination of this Agreement by the Landlord or in the case of abandonment or vacation of the Property by Tenant, Landlord in lieu of declaring a forfeiture, may enter upon the Property. To such end, Tenant liereby irrevocably appoints Landlord its agent to remove any and all persons or property on said Property and place any such property in storage for tlie account of and at expense of Tenant. Tenant further agrees to hold Landlord harmless from any loss or damage or claim arising oul of the action oftlie Landlord pursuant to this Section.
Section 22. Interest on Past Due Invoices.
Sums required to be paid to Landlord hereunder not paid within fifteen (15) days after invoice is sent by Landlord to Tenant shall bear interest at the rate often (10) percent per annum from (lie date due until paid.
Section 23, Sians.
No signs or placards of an advertising or promotional nature shall be painted, inscribed or placed in or on the Property. Tenant agrees to obtain all required City pennils before placing any signs on the property and to remove promptly and to the satisfaction of Landlord, at the cost and expense of Tenant, upon tlie expiration of the Term or any Extended Term or the earlier termination of this Agreement, any and all signs and placards placed by it upon the Property.
Section 24. Inspection ofPronertv.
Landlord or its duly authorized representative, or agents or other persons for it, may enter upon the Property at any and all reasonable times during the Term or any Extended Teim of this Agreement for the purpose of determining whether or not Tenant is complying with the temis and conditions hereof or for any other purpose incidental to rights of Landlord,
Section 25. Holdina Over.
Memorandum of Understanding Page 17 of 62
If Tenant holds over after expiration or termination of this Agreement without tlie written consent of Landlord, Tenant shall pay for each month of hold-over tenancy rent equal to one twelfth (1/12) annual fair market rental value of the Property as determined by (lie Landlord in its sole discretion, togetlier with such other amounts as may become due hereunder. No holding over by Tenant after the Term or any Extended Term shall operate to extend the Term or any Extended Term, Any holding over with the consent of Landlord in writing shall thereafter constitute a month-to-month lease, tenninable upon thirty (30) days written notice from eitlier party, at a monthly rental rate equal to tliat which Tenant was obligated to pay for the month
RPALPARKING LOT LEASE Tage 10 of24
immediately preceding the end of the Term or any Extended Term, together with such other amounts as may become due hereunder.
Section 26. Waiver,
No delay or omission in tlie exercise of any right or remedy of Landlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver.
The receipt and acceptance by Landlord of delinquent Rent sliall not constitute a waiver of any other default, riglit or remedy provided Landlord in this Agreement. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant.
Section 27. Attorneys' Fees.
Ifeitlier party commences a lawsuit against tlie other to enforce any provision of this Agreement, the prevailing party shall be entitled to such attorney's fees and costs including expert witness fees and costs, of suit as (lie court may deem reasonable,
Section 28, Nondiscrimination.
Tenant herein covenants by and for itself, its agents, employees and officers and all persons claiming under or through it that this Agreement is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, sex, sexual orientation, creed, national origin, or ancestry, in tlie leasing, subleasing, contracting, subcontracting, h-ansfemng, use, occupancy, tenure, or enjoyment oftlie Property herein leased and assigned; nor shall Tenant itself, nor any person claiming under or through it, establish or permit any such practice or practices of discrimination orsegregation with reference to the selection, location, number, use or occupancy of Tenants, lessees, sublessees, subtenants, users or vendors in the Property herein leased and Memorandum of Understanding Page 18 of 62
assigned,
Section 29. Disclosure,
Tenant understands and agrees that tlie California Public Records Act (Government Code Section 6250 et seq.) applies to tliis Agreement and any and all records, information, and materials submitted to the City of Richmond in connection with this Agreement, Accordingly, any and all such records, information and materials may be subject to public disclosure in accordance with the California Public Records Act. Tenant liereby autliorizes the City of Richmond to disclose any records, information and materials submitted to the City of Richmond in connection with this Agreement.
Section 30. lerms^Binding on Successors.
All the terms, covenants and conditions of this Agreement sliall inure to the benefit RPAL PARKING LOT LEASE ^ Page 11 of 24
of and be binding upon the successors and assigns of the parties hereto. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment or subletting hereinabove set fortl).
Section 31. Time of Essence.
Time is expressly declared to be of the essence of this Agreement.
Section 32. Termination of Prior Lease.
In (lie event there is any prior existing lease or rental agreement between tile Tenant and Landlord covering tlie Property, it is agreed and understood that this Agreement shall terminate and expire any such existing lease or rental agreement as of the Effective Date of this Agreement.
Section 33. Notices.
Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or any other person sliall be in writing and either served personally or sent by prepaid, first- class mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed as follows:
Landlord; City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
AHn; City Manager
Attn: City Attorney's Office
Memorandum of Understanding Page 19 of 62
To Tenant: Richmond Police Activities League
2200 Macdonald Avenue
Richmond, CA 94801
Attn; Executive Director
Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within three (3) days from the time of mailing if mailed as provided in this paragraph,
REST OF THE PAGE WTENTIONALLY LEFT BLANK
Section 34. Entire Aereement.
RPAL PARKING LOT LEASE Page 12 of 24
]( is understood and acknowledged that tliere are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and ali previous negotiations, arrangements, brochures, agreements and understandings, if any, between (lie parties liereto or displayed by Landlord to Tenant witli respect to the subject matter thereof, and none (hereof shall be used to interpret or construe this Agreement. This Agreement contains all of (lie terms, covenants, conditions, warranties and agreements of the parties relating in any manner to (lie rental, use and occupancy of the Property, sliall be considered to be the only agreement between the parties liereto and their representatives and agents, and none of the terms, covenants, conditions or provisions of this Agreement can be modified, deleted or added lo except in writing signed by tlie parties liereto,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, ATTEST:
.City Clerk
Approved as to Form
City Attorney
THE. CITY OF RICHMOND, a municipal
corporation and charter city
Memorandum of UnderstandingPage 20 of 62
BY; TITLE:
City Manager (NOTE: Pursuant to California Corporations Code Section 313, if Contractor is a corporation or
RICHMOND POLICE ACTIVITIES LEAGUE, a nonprofit organization, tliis Contract ( 1) must be California corporation signed by (a) the Chairperson of the Board, President BY; or Vice-President and (b) the Secretary any Assistant TITLE; Secretary, (lie Chief Financial Officer or any
BY: Assisiant Treasurer.)
Memorandum of Understanding Page 21 of 62
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (this "Amendment") is made and entered into effective as of_, 2023, by and between the City of Richmond, a municipal corporation and charter city ("Landlord") and Richmond Police ActivUies League, Inc., a California nonprofit public benefit corporation ("Tenant"). Landlord and Tenant are referred to herein as the "Parties." A, The Parties entered into that certain Agreement to Lease dated as of March 8, 2022 (the "Existing Lease") pursuant to wliich Landlord leases to Tenant certain premises (herein described and located on tlie south side ofBissell Avenue between 22aa and 23rd Streets (a triangular remainder ofAPNs 514- 020-001 through 514-020-015). Pursuant to Section 32 of the Existing Lease, that certain Agreement (o Lease dated as of October 6, 2010, executed by and between City and Tenant was terminated as of the effective date of the Existing Lease.
B. As set forth herein, the Parties desire to amend the Existing Lease to provide for an expansion of the permitted uses upon satisfaction of specified conditions.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, tlie Parties liereby agree as follows:
1. Use ofthePronertv. Section 9.1 of (lie Existing Lease is hereby deleted in its entirety and replaced with the following;
9.1 Use ofPronertv: Richmond Tiny House Villaee Fannand Garden Project, Tenant shall be permitted to install and maintain a community garden ("Community Garden") on (lie Property and related improvements including fencing, landscaping, irrigation, lighting, and security features. Upon satisfaction of (lie conditions set forth in Section 9.5, Tenant sliall be permitted to install or construct seven (7) tiny houses ("Tiny Homes") on tlie Property. The Tin}' Homes shall be made available at affordable rent to unhoused youth age 18-24 and one onsite "Resident Manager". Kitchen, bathroom facilities, and parking will be on the Property adjacent to the Tiny Homes, Notwithstanding any contrary provision of this Lease, the Tiny Homes may remain on tlie Property for a period of twelve (12) months commencing upon the dale that tliey are installed pursuant to City permits. Wrtli City's prior written consent, such period may be extended for one additional year. Upon City's written approval, another six (6) Tiny
Homes may be placed on the Property subject to the conditions set forth in this SectronJ>J_and Section 9.5. City's issuance of applicable permits is required prior to the installation of any and all structures on tlie Property, including without limitation structures related to (lie Community Garden or the Tiny Homes.
Exhibit C oftlie Existing Lease is hereby deleted in its entirety.
ws-nu-imw
Memorandum of Understanding Page 22 of 62
2, Conditions Precedent. The following Section 9.5 is hereby added to the Existing Lease;
9.5 Conditions Precedent. Prior to the installation or construction of any Tiny Home on tlie Property, and prior to the installation and construction of the Community Garden, Tenant shall satisfy all of (lie following conditions:
(i) Tenant must correct all violations described in that cenain letter dated August 23, 2023, delivered to Tenant by City.
These include, witliout limitation, the requirement to obtain applicable use permits for storage facilities and community garden structures and uses.
(ii) Tenant must submit for City review and approval, a memorandum of understanding or similar agreement addressing the schedule, costs, responsibilities, and obligations of each party responsible for instatlation/construction and operation, management and maintenance of the Tiny Homes and tile Community Garden.
Following approval by Tenant's governing Board and the City, Tenant sliall deliver to City a copy of such memorandum or similar agreement executed by Tenant and all parties responsible for sucli inslallation/constmction and operation, management and maintenance. (iii) Tenant must create a site plan for tlie Property showing tlie proposed location of the Community Garden and (lie Tiny Homes, and must obtain approval of such plan from tlie City Planning Department and City Fire Department.
(iv) Tenant must submit to City for City review and
approval, a financing plan detailing a development budget, an operating budget, and identifying all sources and uses for development, operation and management of the Community Garden and the Tiny Homes.
(v) Tenant must submit to City for City review and
approval a management plan and proposed property manager for the Tiny Homes. Such plan must include identification of the proposed manager, and a plan describing tenant selection procedures, resident services, and charges payable by residents.
(vi) Tenant and all contractors and licensees, including without limitation, the entities responsible for installation/construction and management, maintenance, and operation of the Community Garden and/or the Tiny Homes, must provide evidence of insurance in compliance with the requirements set forth in Exhibit A attached to (lie First Amendment to Lease.
4895-7732-2319 v2
Memorandum of Understanding Page 23 of 62
(vii) Tenant must obtain all required entitlements and permits from the City Planning Department, City Building Department, and City Fire Department, and all other applicable departments and agencies.
3. Taxes. Section 6 of the Existing Lease is hereby modified to add the following sentence; Notwithstanding the foregoing, Tenant may require the
operator/manager of the Community Garden and the Tiny Homes to pay applicable taxes and assessments, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such taxes and assessments are timely paid.
4. Utilities. Section 12 of the Existing Lease is hereby modified to add the following sentence;
Notwithstanding the foregoing, Tenant may require (lie
operator/managerofthe Community Garden and the Tiny Homes to pay applicable utility charges, but this shall not relieve Tenant of its ultimate responsibility to ensure that all such utility charges are timely paid.
5. Insurance. Section 14 of the Existing Lease is hereby modified to read as follows; Section 14. Insurance. Tenant, at its own cost and expense, sliall carry and maintain the insurance coverage set forth in Bxliibit A to tlie First Amendment to Lease throughout the Term and any Extended Term or other extension of the Tenn oftlie Lease, Tenant shall
provide evidence of such insurance to City prior to the effective date oftlie First Amendment to Lease and annually thereafter, Tenant sliatl ensure that all contractors, subcontractors, and licensees, including without limitation, (lie entities responsible for installation/construction and management, maintenance, and operation of the Community
Garden and/or (lie Tiny Homes obtain and maintain all applicable insurance set forth in Exhibit A to the First Amendment to Lease, and shall ensure that evidence ofsucli insurance is delivered to City prior to the commencement of any work on the Property, and annually
thereafter.
6. Existing Lease Remains in Effect. Except as modified by this Amendment, all provisions of the Existing Lease shall remain unchanged and in full force and effect.
7. Counterparts. Tliis Amendment may be executed in counterparts, eacli of which sliall be an original and all of which taken together sliall constitute one and (lie same instrument. •489M782-I319v2
W WITNESS WHEREOF, the Parties have executed this First Amendment to Lease effective as of the date first written above,
Memorandum of Understanding Page 24 of 62
LANDLORD: TENANT:
CITY OF RICHNOND, a California
municipal corporation and charter city
By:_
Kinshasa Curl, City Manager
Attest:
By:_
City Clerk
Approved as to form;
By:_
City Attorney
RICHMOND POLICE ACTFVITIES
LEAGUB, INC., a California nonprofit
public benefit corporation
By;_
Print
Name:
Tit1e:_
Memorandum of UnderstandingPage 25 of 62
Exhibit C
(Site Map Showing Project Area)
Memorandum of Understandmg Page 7 of 11
Exliibit C
(Site Map Showing Project Area)
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; ,,,.-7°n'^4^1!svii|jrij i [! !i^ '' - '"a'^5&:^..^.^y yiiif|i: !j j L I W\ 7//JT:-"s:^sy^F<^
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Memorandum of UnderstandingPage 26 of 62
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li
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s
5 ,••' "'\ffw-[^'; '<
^ y^A;l. ..,4!' '^-\
Memorandum of Understanding
Exhibit D
(Plans and Specifications for Tiny Houses)
Memorandum ofUnderstandmg Page 8 of 11
Exhibit D
(Plans and Specifications for Tiny Houses)
lull1
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illEN!
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Memorandum of UnderstandingPage 28 of 62
Exhibit E
(Description of die schedule, costs, responsibilities, and obligations of each party responsible for installatiojtt/consh'uction and operation, management and maintenance of the Tiny Houses) Memorandum of Understanding Page 9 of 11
Exhibit E
(Description of the schedule, costs, responsibilities, and obligations of each party responsible for installation/construction and operation, management and maintenance of the Tiny Houses) Tiny Village Spirit Richmond Construction
Schedule
07/17/24
V= Volunteer- 6 hours = 1 person workday
HC= House Captain 7 hours= 1 person workday
C= Paid Consultant or Contractor
MOU and Lease Finaliza9on
Submit Work Plan to RPAL
Submit Budget to RPAL
Submit Consullant Proposals to RPAL
MOU Final Draft to RPAL
Submit MOD to RPAL for board approval
Meeting with RPAL and TVS to finalize Lease
RPAL & WS Sign MOU and Lease
TVS to issue check for Insurance Policy
Site Advance Prep AceviOes
Painting Fence Planks
Planting Fruit Trees
Week of
Start
06/17/24
06/17/24
06/17/24
06/17/24
07/01/24
07/16/24
07/18/24
07/15/24
07/29/24
01/01/24
01/01/24
02/05/2-)
Week of
Finish
07/29/24
06/24/24
06/24/24
06/24/24
07/08/24
07/15/24
07/18/24
07/29/24
07/29/24
04/15/24
02/26/24
04/16/24
Memorandum of UnderstandingPage 29 of 62
Permits
Submit site plan, plans, elevs for Planning Approval
Site survey verify pl & fence plan
Mechanical Engineer
Structural Engineer Yurts
Elactrical & plumbing engineers
Building permit submission
Pay Permit Fees
Clly approval (5 weeks)
Permit Approval
Phase 1 Tiny homes- 7 total
Finish construction tiny homes on site
On Site Security- Ceorge Bervin move In
Surface electrica/data distribution to homes
Water hookup to Tiny Homes
Utilities
01/15/24
01/15/24
06/05/24
06/05/24
06/05/24
06/05/24
06/05/24
07/17/24
07/17/24
08/26/24
08/28/24
08/26/24
09/30/24
09/30/24
09/30/24
01/15/24
08/26/24
06/05/24
06/24/24
06/17/24
07/01/24
06/24/24
07/15/24
07/17/24
08/2G/24
OS/26/2'1
10/11/24
09/30/24
09/30/24
10/11V24
10/11/24
09/30/24
USA Ueiity locaeon
PG&E- appllcaQon veriflcaQon
PG&E appllcaeon fee paid
TBD
01/15/24
02/12/24
,16
07/01/24
02/12/24
Memorandum of UnderstandingPage 30 of 62
P6&E design comple6on deadline
PG&E Agency/Pennlt approvals
PG&E Work Completed
site layout
re-check camera at sewer connecQons
Submit ApplicaOon EBMUD- Review psrlod
ApplicaSon Approved- Cost Proposal Issued by EBMUD
Payment of fee deadline for 2024 Pricing
Encroachment permit from City (by EBMUD)
Water trench and meter installaQon by EBMUD
bids/ pricing electrical
temporary water and power (T8D)
order sewer & water mils
sewer- trench
etectrical trench
lelephone/ciata/SBCurlty trench
Fence
wood fencs
finalize design approval City and RPAL
order materials
fence construc9on weekends
Gate and Slgnage Installed
04/29/24
05/06/24
05/06/24
08/05/24
08/05/24
01/23/24
06/19/24
06/28/24
07/08/24
08/08/24
08/05/24
TBD
09/02/24
09/16/24
09/16/24
09/16/24
07/15/24
07/15/24
07/15/24
07/22/24
07/22/24
09/01/24
04/29/24
07/15/24
09/15/24
08/05/24
08/05/24
06/19/24
06/19/24
06/28/24
07/22/24
09/16/24
08/19/24
09/16/24
09/30/24
09/30/24
09/30/24
09/15124
09/01/24
07/15/24
07/22/2-)
08/22/24
09/15/24
Memorandum of UnderstandingPage31of62
Yurts
Order Yurt
Dig foundaSons (2 weeks)
FoundaQon forms and reinforcing (2 weeks)
FoundaSon pour (1 week)
Yurt delivery
Assembly of yurt
Build out Yurts - floor, walls and MEP (8 weeks)
Install mechanical and water heater
Install equipment and appliances
Other sheds (TBD)
07/29/24
07/29/24
08/26/24
09/09/24
09/23/24
09/30/24
10/07/24
10/21/24
12/16/24
12/16/24
TBD
01/05/25
08/04/24
09/08/24
09/22/24
09/29/24
10/06/24
10/20/24
12/15/24
01/05/26
01/05/25
Toilet, Shower & Laundry Trailers
Order & pay
FabricaQon of trailers and delivery (16 weeks)
Hookup Trailer (2 weeks)
Build plarprms (2 weeks)
Build Laundry (4 weeks
Site Improvements
Walkways and ramps
07/29/24
07/29/24
08/05/24
11/25/24
12/16/24
01/06/26
10/11/24
10/11/24
02/02/24
08/04/21
11/24/24
12/15/24
01/05/25
02/02/25
01/01/26
11/01/24
Memorandum of UnderstandingPage 32 of 62
Plan9ng and Landscaping
2 donated cabins delivered-security & office
Paving on Parking Lot
Final InspecQon Richmond Fire
Paint Murals on Qny homes
Furniture and Room Set up
Village furniture donaSons
Matresses ordered from Matress Firm
Murphy beds Installed
Adopt a house installa©on by congrega@ons
Yurt furnishings delivered- WS
MOVE IN DAY
Grand Opening- move in early March 2025
11/01/24
12/01/24
11/01/24
11/15/24
11/01/24
01/01/25
01/01/25
01/01/25
1//6/25
02/02/25
02/02/25
12/01/24
12/01/24
11/15/24
11/30/24
01/01/25
03/01/25
03/01/24
01/01/25
01/06/25
03/01/25
03/01/25
Memorandum of UnderstandingPage 33 of 62
Exhibit F
(Financing plan including development budget, operating budget, identifying all sources and uses for development, operation aud management oftfae Tiny Homes) Memorandum of Understanding Page 10 of 11
Exhibit F
(Financing plan including development budget, operating budget, identifying all sources and uses for development, operation and management of (lie Tiny Homes) Operating Budget
Tiny Spirit Village- Richmond
EXPENSES
Personnel
subtotal salaries
taxes/benefits (23%)
subtotal personnel
Program Expenses
youth program Incentives
case management expenses
subtotal program
Operating Expenses
Site security trainees stipends sub (@$18*24hours*365)
Site security supervision contract (@$25/hr x 500 hours +23% fringe)
cleaning and sanitizlng
Site maintenance and stability
security deposit
Tialntenance/repalrs
fouth work stipends (@$18/hr x6 x3hrs/wk x46weeks)
nsurance
subtotal operating
\dminstratlve/0verhead (10%)
!^OB^s»5^/5:^:J^w/^ ^..:^
SOURCES
rental subsidies at $800 per unit (from ERF grant)
?FCY (40%) (Will apply late Summer 2024)
FY25(6
mo)
64,62!
14,86-
79,48!
1,801
4,50(
6,301
78,84(
7,62;
4,42(
12.50C
3,00(
e.ooc
7,45;
4,75(
124,581
21,03£
:.^3V}92
28,80C
92.56E
FY26
134,421
30,9r
165,33;
1,85'
9,27(
12,97i
162,41 (
15.70E
9,10;
25,75(
6.18C
12,36C
29,80£
9,78i
271,106
44,942
WSM
115.20C
179.76S
FY27
139,79'
32,15;
171,95(
1,91(
9,54;
13,361
167,28;
ie,i7£
9,37(
26,52;
6,36E
12,731
29.80E
10,07E
278.34E
46,36C
•lesieel
115.20C
185,46S
Three
year total
338,842
77,934
416,775
5,564
23,318
32,645
''108,533
39,511
22,904
64,773
15,545
31,091
67,068
24,614
674,038
112,346
m^^
259,200
457,799
Fo Be Raised 110,048 -154,452 162,997 427,498
JI ~^^^^^^^^^^^^^^^ I
Memorandum of UnderstandingPage 34 of 62
Opportunities
Encampment Resolution Fund- ERF- to pay for security
stipends
ERF- pay for rental assistance
ECIF - Greenhouse gas grant possibly for stipends
Capital Budget & Sources of Funds
Capital Budget*
Contractual Services and Fees (secures site/tests/contracts/policies) SJteWork/Utilitles/Electricity/lnfrastructure
Parking Lot (Village Section—7 spaces)
Kitchen Build Out/Appliances
Construction Materials (13 tiny houses, including RA house) Fence (includes mural paint and supplies)
Common Room Buildings/Yurts (including hook ups)
Landscaping/Artistic Elements
Pathways (wheelchair accessible)
Gateway/Entrances (including signage)
Restroom Trailer (Inc. hook ups and wheelchair ramp)
Security System
Murals/Art Work
Murphy Beds and Furnishings (not including in-kind donations) Donated Security Cabin (hook ups and improvements)
Project Management/Community Organizing
Total Development Costs
Contingency (@ 8%)
Subtotal
Administration/Bookkeeping (@ 10%)
TOTAL
•Assumes Founding, does not include In-Kind Volunteer Labor $ 30,000
$127,000
$ 28,000
$ 30,000
$205,000
$ 30,000
55,000
20,000
40,000
7,000
70.000
20,000
$ 15,000
$ 10,000
$ 5,000
$132,000
$824,000
$ 65,920
$889,920
$ 88,992
$978,912
Memorandum of UnderstandingPage 35 of 62
Exhibit G
(Management Plan for Hope Solutions
iacludmg a plan describing tenant selection procedures, resident services, and charges payable by residents)
Memorandum of Understanding Page 11 of 11
Exhibit G
(Management Plan for Hope Solutions
including a plan describing tenant selection procedures, resident services, and charges payable by residents)
Cam and
support
RICHMOND TINY HOUSE VIU.AGE
STAFF WORKFIOW
: Property »nd
program
; mansgemcnl
.CaseManasar.
Meet with ceildenk 1-on'l regulariy
Help reildmit identity and work toward career,
education, and financial goals; cofiniMit to personal and profcirional resources
Help rcsldonti work toward pcmunent houilng
Work with VM to screen, proceis, and (ntervfew new
residents and »taff
Work with VM to determine respomei (i.c., Tter Ifivet) to Behavior Vlotations
hclUtate RJ circles
Report CM outcomes to relevant stakchotdors
CM npcnrftBi and
ffrtnton iinldml
lud.n.
.RAind.Youth Council
• Leadctimmunrty
meetings
* Ovcnee chore groupt
Plan events
» Manage loadcrship
election?
» Advocate for rosldonls
• Gather retources
• 5St In on staff intor/tews
wllhCMandVM
• Pirtlclpale In Rl cliclci
VfUagc Manager
RESIDENT
SUPPORT,
EMPOWERMENT
AND GROWTH)
OvorsM pr&grommattc opBraUons
Interface with community piirlners and stakcholdcM
Most weekly itsK chock-ln mootingi
Collect program tees (rom alt residents
Work with CM to icreen, process, and (ntcnlcw new
residents and staff
Work with CM to dotcrmlnis nspDnies (l.e., Tlrr lcvd)
to Behavior Violations AND uphold raiponies
Participate In RJ clrclei
Manage grants and report overall outcomes to ffctcvant
itskcholdftft
I
Volunlews
OIfcr fun "clubi/ progr,imi, iictfvlttcs, and
opporlunltlci to residents
Provide support with gardening and construct i&n
Arc only pfcscftt on Village ground); wlthJn
certain hours
SM managoi and
ovtiwtftwufhy
t«wn.
Secufity team
Stall Ironl desk
Monitor who enters and exlta;;
chftcks In guests
Direct volunteers and vliftan
Perform bcdbug intake for
new residents
Respond to emergency
iltuatlons, including brca^.lni
Memorandum of UnderstandingPage 36 of 62
RICHMOND TINY HOUSE VILLAGE
RESIDENT INTAKE PROCEDURE AND MEETING STRUCTURE
Following the Inleivlsw and icmenlng procesi, VM wni schrduln th» nw* Umc lor the IIBW retldenf.
Security staff will moat tho new resident wtwn they arrive to procw their Items for bcdbug ycmnlng.
CM will mwtwlththftnew nsklwit logo ov«r and sign the
Covenant (within the Resident PfogramTMatedaU).
VM wilt meet with the new reifdant to.go over •nd tlgn tha Homing Agn»ment (within the Reildanl Program Maierlati). ; CM nfl» wtth nsiamim l«»t «vry 2 w»«lu> for r»gut»r
chack-Ini. VMmeeli with resident* each month to complete a S Certlfic»tioriof Income l<nn,»n<f as naadedlorBii'hivtbr i VtoUtlcuu.
CM »fid VM mtelweU.y to r»vlewtt»luji and progress of each mkient, ravlow IUUM, ate. VM aoct lucurity l»amTwve a
! (ttpante waldy mwyng, as do CM and rtfsldont teada».
^broader steering commttteB of Mope SoUrttom staff, T1py stAfCaikt community partnon will m*at at loatt
i .twice per month for the Village's first yesr*
Memorandum of UnderstandingPage 37 of 62
Covenant
Fundamental Belief; The fundamental belief of the Richmond Tiny House Village (RTHV) is that all young people are capable of achieving a stable and sustainable life that is healthy, meaningful, and economically secure with long-term employment and stable housing. All youth are capable of healing through a process of support, setf-underetandlng, learning, and reconciliation.
Part I: Covenant
Section I: 10 Commitments for Communal Living
Section tl; Richmond Tiny House Village Program Model
Section III: Restorative Justice Practices
Section IV; Behavior Violations
Appendix I: Community Chore Wheel Guide
Part II: Housing Agreement
Memorandum of UnderstandingPage 38 of 62
Section I
10 Commitments for Communal Living (example)
1. Practice gratitude for what you have and generosity toward those around you,
2. Treat others like they would like to be treated,
3. Assume the good intentions of others. Step back when appropriate.
4. Participate In the activities and life of the Richmond Tiny House Village and the practices of restorative justice,
5. Commit to personal growth.
6, Respect trauma. Recognize that all expressions of pain are valid.
7. Be accountable. Listen to the truth about your actions.
8. Honor the privacy of fellow participants.
9. Be inclusive.
10. Respect the physical space around your house and In the Village.
Section I fcont.)
Memorandum of Understanding Page 39 of 62
10 Commitments for Communal Living (example)
1. Practice gratitude for what you have and generosity toward those around you. a. Give back by investing your energy and ideas into the community.
2. Treat others like they would like to be treated.
a. Shape your behavior to be relevant to the person and the situation. Remember, your solutions are not other peoples' solutions; we all need Individual responses because we each have our own history, experiences, and personality. b. Hold space for sympathy, empathy, and compassion.
c. Meet others where they are In the moment.
3. Assume the good intentions of others. Step back when appropriate,
4. Participate in the activities and life of the Richmond Tiny House Village and the practices of restorative justice,
a. Encourage others to live a healthy and positive life. Be neighborly. Check In with others and ask how they are doing. Listen.
b. Work hard to learn and benefit from the programming of the RTHV and the guidance of staff and mentors.
c. Utilize the rasources and staff available at the RTHV. Be proactive; ask for help.
Don't avoid, procrastinate, or hang back,
5. Commit to personal growth.
a. Live a healthy and meaningful life for yourself and others. b. Create a personal growth plan; commit to regular assessment of progress.
6. Respect trauma. Recognize that all expressions of pain are valid. a. Recognize the pain, hurt, and impact of trauma on yourself and on fellow participants.
b. Be accepting as others go through the ups and downs of the process of healing, c. Listen and acknowledge. You don't have (o fix the problem; trust your fellow participant to find their own solutions,
d. Be aware of the confusing impacts of your trauma on your own behavior. Be sensitive to denial, minimizatlon, and defense mechanisms.
7. Be accountable. Listen to the truth about your actions. a. Listen to and accept the consequences of your actions and their effects on others when this is explained to you,even when It is painful to hear and acknowledge. b. Be responsible for what you should be responsible for. Don't wait for someone to tell you. Be proactive and do the right thing.
Memorandum of Understanding Page 40 of 62
8. Honor the privacy of fellow participants.
a. Respect fellow participants' mood of the moment. For example, if someone wants to be alone, let them have their space. Ask permission before borrowing clothes, etc.
9. Be inclusive.
a. Acknowledge and respect everyone's individual identities. Remember that we all share a common humanity,
b. Check your assumptions,
c. Ask for and use every person's pronouns. Be respectful of all identities at the Village, including transgender, nonbhary, and genderqueer identities. d. Acknowledge the privilege that you bring Into the space. e. Be willing 'to learn about cultures and traditions other than your own.
10. Respect the physical space around your house and in the Village. a. Remember that your and your peers' perception of messy and/or dirty may not be the same.
Memorandum of Understanding Page 41 of 62
Section II
Richmond Tiny House Village Program Model
Goal/Vision:
The Richmond Tiny House Village will holistically enable unhoused transltlonal-aged youth (ages 18-25) to achieve their career, housing, and personal goals through community support and stable housing. Through a youth-designed program, the Village environment will support and nurture Village participants while providing access to critical resources. The Richmond Tiny House Village is a transitional program where residents may stay for up to 18 months.
Outcomes:
The primary purpose of the Richmond Tiny House Village Is to foster participants' wellness and self- sustalnablllty by providing space to rest and recover, opportunities for growth, and access to resources. All participants living at the Tiny House Village have the option to enroll In local programs, where they may engage In workshops around job skills, art modallfles, healthy interpersona! relationships, restorative Justice, and more. An additional goal of the Richmond Tiny House Village is for residents to develop responsibility to the community at large, achieved through connections to local social justice projects.
Program Requirements:
All participants living at the Richmond Tiny House Village are required to do the following:
1. Meet regularly with your assigned Case Manager;
a. Demonstrate consistent and regular effort toward reaching personal development goals;
2. Participate In weekly community meetings;
3. Practice community care to maintain common spaces.
All participants also have the option to participate in voluntary clubs and other programming, participate in weekly community meals, and become a member of the Youth Leadership Council.
1. Meet regularly with your assigned Case Manager.
Participants are required to meet regularly with their assigned Case Manager to work on their personal, educational, and vocational goals. The Case Manager will; • Determine a plan for meeting at least once every 2 weeks, depending on each individual resident's goals, needs, schedule, and abilities;
• Help connect youth with resources, including other local agencies; • Help youth Identify career and educational goals to create a plan for financial Independence; • Help youth develop and work toward a plan for maintaining a stable financial situation, and permanent housing;
• Counsel youth with a harm-reduction model on issues of mental health, healthy sexuality, family planning, and interpersonal relationships;
Memorandum of Understanding Page42 of 62
• Monitor youth progress toward and achievement of goals on a quarterly schedule; • Hold summary assessment conferences with other members of the case management team and other relevant figures in the resident's life such as therapists, peer evaluators, community mentors, academic advisors, and others as appropriate.
With the support of their Case Manager, each resident will develop S.M.A.R.T. goals and a service plan that will lay out concrete steps for reaching each goal. Residents must demonstrate consistent and regular effort toward reaching their personal development goals. For example, this could look like: attending a job training program three days a week, attending weekly therapy groups, enrolling In evening college or trade school classes, working a Job, and so on,
2. Participate in weekly community meetings.
Participants are required to attend community meetings once a week in the spirit of cooperative living. Participants will take turns facilitating the meeting and taking notes. Participants may change and amend the format as needed, covering the following topics; • An opening question and time for participants to check in; • An opportunity to share personal and communal successes and challenges from the previous week;
• Management and care of communal resources like space and food; • Events and "fun stuff' participants choose to host for each other or the larger community, It may be helpful to set aside time at the end of each community meeting for residents to meet with just each other, without staff present.
3. Practice community care to maintain common spaces.
Participants will collaboratively create a chore wheel that will rotate weekly (see (he attached guide in Appendix I as a resource for designing the chore wheel). Participants will also create a public sheet where each chore can be Initialed when complete. All participants must engage in community care - Ie., completing chores - for a minimum of two hours per week each (or, about 15 minutes each day).
Youth Leadership Council:
A Youth Leadership Council of at least two residents, the Resident Assistant, and other relevant Village staff such as the Case Manager and Program Manager will meet eveiy two weeks to help manage the needs of the Village. Every three months, Village staff and residents will elect new Council members. Members of the Youth Leadership Council will be responsible for the following:
Ensure facilitation of weekly community meetings;
Oversee weekly chore groups. Account and report weekly chores to ths Program Manager; Alongside staff, participate in interviews with new residents and offer feedback; Advocate on behalf of the RTHV residents to the Program Manager and other staff as needed. Act as a liaison between the Village residents and staff; Participate in restorative justice circles when appropriate; Plan and advertise Village events;
Check in about the functioning of the Village regarding chores, cleanliness, and more; Memorandum of Understanding Page 43 of 62
Manage quarterly Leader Council election process;
Mobilize resources and opportunities for the Village's communal growth.
Memorandum of Understanding Page 44 of 62
Section III
Restorative Justice Practices
The following summary and highlights of restorative justice practices are citations taken from Teaching Restorative Practices with Classroom Circles, by Amos Clifford (from the Center for Restorative Process, developed for the San Francisco Unified School District). We recognize that restorative Justice practices and Ideologies have roots in cultures indigenous to the Americas and other regions, and we are Indebted to these communities for their wisdom.
Restorative justice is a framework for strengthening the Richmond Tiny House Village community culture. Restorative justice practices are not designed solely for responding to harmful behavior.
Rather, restorative justice (RJ) Is first and foremost a comprehensive set of practices and values that build a supportive community culture. All community members can benefit from continually practicing the principles of RJ in daily life.
Restorative justice practices are a framework for two fundamental purposes:
1. Building community;
2, Responding to challenging behavior, coming to an understanding through authentic dialogue, and making things right.
Restorative practices cultivate an environment In which everyone feels that they belong, They build a strong sense of community in which every member - including residents, professional staff, community volunteers, partner agencies, and others - feel that they are seen, heard, respected, and valued.
Restorative justice goals for the residential community; • The residential community will have established agreements about how to participate in restorative circles.
• Community members will share a sense of responsibility for maintaining agreements.
Members will do so proactlvely during circle time, and during their day-to-day life in the community.
• The community will identify specific issues to address and will have honest, authentic discussions about these issues.
• Procedures will be established for calling attention to Issues and conflicts, and for requesting help In navigating these.
• Procedures will be established for engaging In restorative dialogues around issues and conflicts.
* It will be emotionally, psychologically, and physically safe for residents to share concerns about conflicts, issues, and behaviors that are affecting them. • There will be active participation by residents in circle dialogues, with little or no passive behavior.
Restorative practices and the skills of circle-keeping:
Memorandum of Understanding Page 45 of 62
When people come together for restorative interactions, they sit in circles. Holding circles is a fundamental element of restorative dialogue, When we sit In a circle, we experience a stronger sense of community. In RJ circles, a talking piece is often used to encourage thoughtful and active listening; this is an object that is passed around the circle and is held by whomever is speaking at the moment. Every person in the circle shares responsibility for its functioning. Circle culture is more "yes-and" than "either-or." Each person takes the lead each time It Is their turn to speak. While some guidelines are given, the group makes its own agreements. Decisions are made by consensus of the whole group; sometimes (his means decisions come slowly or take unexpected forms.
Thus, one of the main purposes of circle dialogue is building community. Another purpose is to support the kinds of honest, authentic conversation that is necessary to effectively respond to challenging behavior and circumstances. These two Intentions for circles take shape as two different types of circles: community-building circles and responsive circles. A premise that runs throughout this manual is that responsive circles (for responding to harmful behavior) work best in settings where a foundation has bean developed through communlty-building circles.
Respecting each person's experience - the principle of non-interference:
The principle of non-interference means that we simply welcome what people say without trying to influence them. If someone Is in pain, we listen and allow simple listening to be a comfort; we do not try to iake away their pain. If someone is confused, we simply listen and trust that in its own way the circle will provide clarificafion. If someone is angry, we honor their anger. We don't Indulge in psychological maneuvers. We don't directly correct, try to counsel, heal, or "fix" anyone's experience in any way. We simply listen.
This principle, so very important in building a community where people feel safe to express themselves, also applies to restorative dialogue. When we ask questions and move conversations in restorative ways, we are not trying to force an outcome. We are simply giving a structure to the circle so that each person's voice can be heard. When a1) voices are in the center, the circle has a way of surfacing what is true, what is needed, and what to do next.
Restorative circle guidelines:
There are standards for behavior In circles. One of the primary tasks of a circle leader is to teach, reinforce, and act as guardian of these standards, From long experience with many types of circles in many settings, the community of circle keepers has settled on four core guidelines;
1. Speak from the heart: This means speaking for yourself and talking about what Is true for you based on your own experiences. When we speak from the heart we are aiming for eloquence, and are choosing words that accurately communicate what we hold to be important,
2. Listen from the heart: We are used to judging other people. Sometimes we will make assumptions about another person without knowing anything about them. These assumptions can keep us from really hearing what they have to say. So, when we listen from the heart, we are trying to set aside any judgements or preconcelved notions we may hold about the person. This opens up the possibility of making wonderful discoveries about, and surprising connections with, each other.
3, No need to rehearse: In circles, we discover that we can trust that we will know what to say when it is our turn to speak. We don't have to mentally rehearse while we are waiting for the talking piece to come our way. Whsn we find that we are rehearsing (as everyone does) we Memorandum of Understanding Page 46 of 62
gently remind ourselves that there is no need to rehearse and bring our attention back to the person who is speaking. This guideline is sometimes referred to simply as "be sponlaneous,"
4. Without feeling rushed, say just enough: Keep in mind the limits of time and make room for everyone to speak. This Intention is also called "lean expression." It is related lo "speak from the heart" because we often find that when we speak carefully, we can express ourselves with fewer words than we would normally use, and that when we do, our words often have more impact. One way to think about this Is to ask yourself, when you are considering what to say, "will my words serve this circle in a good way?" Memorandum of Understanding Page 47 of 62
SectionlV
Behavior Violations
As the severity of the following behavior Violations may be arbitrary and open to Interpretation, the Tier under which a Violation falls and the appropriate response will always depend on the level of harm caused and perceived severity as determined by RTHV staff. These behaviors constitute a Violation whether they occur at the Richmond Tiny House Village, at a partner program, or off-slte If they cause harm to another resident or staff member.
Tier 1
Tier 1 Violations:
Behaviors that fall under this Tier Include but are not limited to the following. These behaviors are only considered a Violation If they are repeated and the participant is not open to redirection. • Failing to complete program requirements 2 and 3 (as described In Section II) for at least two weeks in a row.
• Not meeting unit cleanliness standards and other standards of behavior as described in the Housing Agreement.
Raising your voice at another participant.
Threatening or trying to provoke violence.
Intentionally misgendering other residents (i.e., using incorrect pronouns).
Ignoring "one-mlc" reminders (i.e., talking over others).
Not cleaning up properly in common spaces,
Being disruptively loud.
Having an attitude toward staff or other participants.
Dominating conversations without making space for others to speak.
Cell phone usage during workshops or community meetings (if being on the phone is necessary and urgent, please communicate that with the group and quietly step ou(side).
Inappropriate public displays of affection, levels of nudity, or lack of clothing.
Any act resulting In the destruction, defacement, damage, impairment, or removal of any part of the property, including walls, ceilings, and floor coverings, and the furniture, fixtures, and furnishings of the property.
• Being noticeably intoxicated In a common space, or not adhering to the guidelines set forth in the Substance Policy (see Housing Agreement),
Tier 1 Repercussions:
These Violations will be addressed through a communlty-based restorative justlce-style circle of peers with any other residents that were harmed by this resident's actions in order to work toward healing any harm that was caused, facilitated by at least one staff member. This conversation may gh/e rise to other suggested consequences and supports, such as doing community service (l.e., helping out with extra chores), attending support groups, etc. If three Tier 1 Violations are accrued, a Tier 2 Violation should be incurred In place of the third Tier 1 Violation. In this way, Violations "stack" upon each other.
Memorandum of Understanding Page 48 of 62
When exhibited for the first time, any of these behaviors may be grounds for a warning rather than a formal Violation, depending on the level of harm caused and perceived severity as determined by RTHV staff.
Tier 2
Tier 2 Violations:
Behaviors that fall under this Tier include but are not limited to the following. • Not maintaining the perceived and actual physical safety of others. Everyone has a right to move freely through the space and feel safe from serious physical altercations, Altereations that would constitute a Tier 2 Violation include but are not limited to; fistfighting, wrestling, headbuttlng, slapping, blocking, pushing, shoving, and throwing things. Violations also include bringing a weapon to a common space, Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff,
• Not maintaining the perceived and actual psychological safety of others. Everyone has the right to feel that their ideas will be respected. Behaviors that would constitute a Tier 2 Violation include but are not limited to: using discriminatory or offensive language regarding someone's identity, coercion, manipulation, bullying, or forcing someone to do something they're not comfortable with.
• Stealing money or property from other participants, staff, or visitors. • Sexual harassment, including but not limited to unwanted romantic and sexual advances.
Whether this Violation falls under Tier 2 or Tier 3 depends on ths level of harm caused and perceived severity as determined by RTHV staff,
Tier 2 Repercussions:
These Violations will be addressed through a community-based restorative justice-style circle of peers with any other residents that were harmed by this resident's actions In order to work toward healing any harm that was caused, facilitated by program staff. This conversation would be more serious than a circle resulting from a Tier 1 Violation and would include the resident's Case Manager, the Program Manager, and any additional people from the resident's support team. This conversation may give rise to other suggested consequences and supports, such as doing community service (l.e., helping out with extra chores), attending support groups, etc. If three Tier 2 Violations are accrued, a Tier 3 Violation should be incurred in place of the third Tier 2 Violation; this is considered grounds for exit from the program.
Tier3
Tier 3 Violations:
Behaviors that fall under this Tier Include but are not limited to the following. • Sexual violence including but not limited to: any form of sexual assault, including but not limited to touching, grabbing, or groping someone's private areas; unwanted kissing; Memorandum of Understanding Page 49 of 62
exposing yourself; and making vulgar verbal propositions, Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff.
• Serious physical violence and altercations. Whether this Violation falls under Tier 2 or Tier 3 depends on the level of harm caused and perceived severity as determined by RTHV staff, • Using any weapons on another resident, staff member, or visitor.
Tier 3 Repercussions:
These Violations are considered grounds for exit from the program.
Please sign below to confirm that you have read and understand the terms and agreements laid out in this Covenant.
Participant Signature:
Date:
Appendix I
Community Chore Wheel Guide (example)
Daily Chores:
• Bathrooms:
o Wipe down the mirror and sink in bathroom 1 .
o Sweep the floor in bathroom 1.
o Wipe down the mirror and sink In bathroom 2.
Memorandum of Understanding Page 50 of 62
o Sweep the floor in bathroom 2.
• Kitchen/dining area:
o Wipe down all surfaces, including the stovetop, sink, counters, and eating surfaces. o Sweep the kitchen floor.
• Living room/maker space:
o Sweep the floor In the living room/maker space.
o Straighten up books and other items stored in the living room/maker space. • Common outdoor spaces:
o Sweep the house walkways in quadrant 1.
o Sweep the house walkways in quadrant 2.
o Sweep the house walkways in quadrant 3.
o Sweep the house walkways In quadrant 4.
» Miscellaneous:
o Water the plants in quadrant 1.
o Water the plants in quadrant 2.
o Water the plants in quadrant 3.
o Water the plants in quadrant 4.
o Water the plants In ths center of the Village; this includes the plants on the trellls, and those that surround the two yurts.
Weekly Chores:
• Bathrooms;
o Scrub the toilet in bathroom 1. Wipe down all surfaces of the toilet. o Mop the floor in bathroom 1,
o Scrub the toilet in bathroom 2. Wipe down all surfaces of the toilet, o Mop the floor In bathroom 2.
• Kitchen/dlning area:
o Mop the kitchen floor.
o Organize the fridge; dispose of visibly bad, rotting, or over-expired perishable food, o Wipe down the shelves and drawers inside the fridge.
o Roll frash and recycling cans out to the dumpster enclosure and empty them. • Living room/maker space;
o Mop the floor In the living room/maker space.
o Vacuum the couches in the living room/maker space.
• Common outdoor spaces;
o Sweep the labyrinth with the Industrial broom.
Housing Agreement
The overall goal of the Richmond Tiny House Village Is to support participants in developing a stable foundation to work toward building a healthy, meaningful, and economically secure lifestyle, As a core component of this program, participants work closely with their Case Managers and other staff to develop an individual plan to find housing, develop good credit history, gain or increase their income, improve or maintain health and mental health, and move toward self-sufficiency and independent living.
The length of your stay is determined by your engagement In the process of working with staff to find permanent housing and increase your resources.
Memorandum of Understanding Page 51 of 62
Participants in the program are partners in a shared living environment designed to foster cooperation and mutual support among unhoused young adults working to transform their lives. The Richmond Tiny House Village is committed to creating and maintaining a healthy, safe, and constructive living environment for all participants.
. (your name), referred to throughout this document as
"participant," agrees to the following terms and conditions upon being accepted into the Richmond Tiny House Village program. For purposes of this Housing Agreement, the term "participant" also shall include any guest of said participant.
RENTAL UNIT: The Housing Agreement is entered Into on _ (date), by and between Hope Solutions ("program provider") and _ ("participant"), hereinafter referred to as the "parties." This Housing Agreement is made under the declarations made and the terms set forth below.
The program provider agrees to assign unit number_ ("unit") to the participant In the Richmond Tiny House Village property located at 175 23rd St. Richmond, CA 94804 in Contra Costa County ("property"). Nothing in this Housing Agreement will give the participant rights to the following parts of the property: other participants' tiny house units, other particlpanls' storage, and separate rooms or storage areas labeled "staff'. The program provider shall separately assign other participants' units.
The participant shall Jointly occupy the property with fellow partia'pants.
TERM; This Agreement will begin on _ (date), and will continue on a month-to- month basis until terminated by either the participant or the program provider for any Justifiable reason outlined In this Agreement. The term will continue no longer than _ (date).
The prorated program fee for the first month will be $ _, which was calculated on a per-day basis, using _ days per month.
The term shall not commence until the following conditions have been satisfied:
a. The participant shall have satisfied the security deposit requirements (see "Security Deposit" below).
b. The tiny house unit shall have been vacated by the previous occupant. The program provider hereby represents to the participant that to the best of the program provider's knowledge the unit will be vacant on the date set forth In this section of the Housing Agreement, In addition, the program provider shall diligently seek to cause the unit to be vacant as of the date set forth in this section. However, if despite the program provider's diligent efforts the previous occupant has not moved out of the unit by the date set forth, then the program provider shall not be in default under this Agreement, but the participant shall have no obligation to pay rent until the unit Is vacant and made available to the participant.
Memorandum of Understanding Page 52 of 62
LENGTH OF TENANCY: The participant is granted a month-to-month tenancy to dwell in the property at the following address: 175 23rd St. Richmond, CA 94804, unit _. The overall property, including the tiny houses, living room and kitchen yurts, storage areas, and bathrooms are referred to as the "property." The living room and kitchen yurt, storage areas, and bathrooms on the property, henceforth referred to as "community areas," are common areas to be used by other program participants residing on the property as well as Richmond Tiny House Village staff conducting program business. Participants do not have exclusive use or right of possession of these common areas.
Participants understand that the Richmond Tiny House Village Is a transitional - not permanent - housing program.
PROGRAM FEE; Program fees are due on the first day of each and every month. Per this Housing Agreement, the program fee is set at $ _ per month, beginning on _ and made payable to Hope Solutions. Payments may be delivered to the drop box located at the property, or may be hand-delfvered or sent by U.S. mall to: 175 23rd St, Richmond, CA 94804.
CHANGES IN PROGRAM FEE; The participant Is obligated to immediately report all increases in income, and the participant's program fee may be increased pursuant to the Certification of Income by Tenant/Household attached to this Housing Agreement, In addition, the participant may report any decrease in income and the program provider may decrease the program fee due from the participant in accordance with the standards set forth in the Certification of Income by Tenant/Household and in this section. The participant's reporting of any decrease In income shall be made in writing to the Program Manager.
Within 30 days following notice by the participant to the program provider of a decrease in the participant's income, the program provider shall verify such decrease in accordance with standard program fee verification procedures,
If the program provider has verified such decrease and the program provider has reasonably determined that such decrease In Income will last for more than two months, the program provider shall reduce the participant's program fee (and. such reduction shall commence as of the date that the participant provided written notice of the actual decrease in the their Income). If the participant's income will be fully restored within two months, the program provider may not make any changes to the participant's rent.
SECURITY DEPOSIT: The participant shall pay a security deposit In the amount of $100.00 to the program provider prior to occupying the assigned unit. If the participant is unable to pay the total amount of the security deposit upon execution of this Housing Agreement, the program provider may work with the participant to set up a payment plan.
Within three weeks or 21 days from final move-out by the participant, after the end of the term, the program provider shall return the security deposit to the participant, less any amounts that the program provider is entitled to retain (together with an Itemized statement of such amounts, as required by California Civil Code Section 1950.5). The program provider will request that the participant participate Memorandum of Understanding Page 53 of 62
In a move-out inspection at a time that is convenient and reasonable for both parties, and the program provider recommends that the participant Is present for such inspection.
NON-SUFFICIENT FUNDS CHARGE; If any personal check paid by the participant Is, for any reason whatsoever, returned unpaid by the bank, the participant shall pay the program provider $15.00 for each dishonored bank check and the program provider may require that all subsequent payments for the participant's occupancy of the unit (Including the payment necessary to replace the dishonored check) be in the form of a cashier's check or money order for the nexl year of participation.
LATE CHARGE: Rent Is considered late If paid any time later than the tenth day of any month during tenancy. This ten-day period is not a grace or cure period, and the program provider is entitled to make a written demand for any unpaid rent on the first day after the due date. The participant shall pay the program provider $10.00 for each late rent payment.
COMPLIANCE WITH HOUSE RULES AND REGULATIONS; The participant shall comply with this Housing Agreement, with the attached Covenant, and any changes to the Housing Agreement that the program provider may adopt with written notice of 30 days. The participant shall be responsible for the actions of their guests or visitors to the property at any time they are on the property.
COMPLIANCE WITH LAWS; The participant shall comply with all state, local, and federal laws and all governmental requirements relating to the use of the property. The participant shall not use the property In such a manner as to violate any governmental requirement, including laws prohibiting the use, possession, or sale of illegal drugs. The participant shall not commit waste or cause or permit any nuisance In or around the property.
OCCUPANTS: The participant shall use the property exclusively as the primary residence of the participant and shall continuously occupy the unit as their sole and primary residence. The unit will be occupied only by the participant. The participant shall not assign or sublet any portion of the property to anyone. The participant shall not give accommodation to any roomers or lodgers. The participant may have guests at the property only in accordance with the Guest Policy In this Housing Agreement.
QUIET HOURS; All participants shall observe quiet hours between ths hours of 10:00 pm and 8:00 am, During these hours, participants may come and go from the property and common areas as they please, but shall make a concertsd effort to do so quietly, without disturbing the rest of other participants.
GUEST AND OVERNIGHT PASS POLICY: Daily visiting hours are from 10;00 am - 8:00 pm. Guests are not allowed until the participant has been engaged in the program for a minimum of four weeks. All guests must sign in and obtain a guest badge from the on-duty staff person upon entering the Richmond Tiny House Village, and must sign out when they leave. Upon first visit, all guests must read and sign a Guest Community Covenant. Guests need to be accompanied by their host resident at all times.
Richmond Tiny House Village staff reserve the right to ask any guest behaving In an unsafe or harmful manner to leave the property immediately. Children or minors visiting the property must be supervised Memorandum of Understanding Page 54 of 62
at all times by an adult. The participant Is responsible for any damages caused by their guests. The participant shall be responsible for repair charges, If any.
There may be up to six total guests on the property at any time on a first-come, first-served basis.
Residents must give the Village Manager 24-hour notice before guests arrive and indicate their Intended length of stay so that staff can ensure that there will not be more than six guests on-site at a time. Overnight guests are not allowed to stay longer than one night per week and not more than four nights total within a one-month period. One may be considered a consistent guest if they have visited the Village at least eight times over a two-monfh period. Village staff may give written permission for such a guest to stay up to two nights per week and not more than eight nights within a one-month period. Village staff reserve the right to limit the number of guests or deny overnight guests.
If a participant brings a guest and fails to have that guest sign in or deliberately has them stay more nights than the allowable limit, that participant will lose guest privileges for a minimum of one month from the date of the incident. The participant shall be fully responsible for the conduct of their guests and invitees. If a guest violates any term of this agreement, It is up to the discretion of the Program Manager to determine an appropriate means of addressing the situation, which may Include that guest being prohibited from returning to the Village.
Residents may request an overnight pass from the Program Manager to stay elsewhere overnight.
Residents may not be granted more than one overnight pass per week, and no more than four overnight passes total within a one-month period. At staff discretion, exceptions may be made for special occasions and holidays.
SECURITY/ACCESS; Key codes are for use by participants only. The participant must not give their key code to guests or make copies of any keys to on-slte spaces without written approval from the program provider. The participant must not leave property entrances propped open or ajar, or otherwise give access to anyone not authorized to enter the property. The participant must always lock the front door to their unit when leaving the premises.
For emergency and inspection purposes, the program provider will retain the key code to the property and each of the units. If Village staff are required to respond to a participant lock-out after hours, there will be a $5.00 lookout charge. There will be no charge for the first lock-out during standard business hours, but thereafter a $5.00 lookout charge will apply.
The participant shall not change, alter, or re-key the key codes or locks of any door or gate at the property or to their assigned unit. The participant shall not install any burglar alarm or other security device at the property or In their unit without the prior written permission of the program provider, Participants must meet their guests at the front gate of the property. Participants are not pennitted to give key codes to guests. Common doors and gates shall be closed after entering or leaving the building or property. Unit doors shall remain closed and locked when not occupied, SECURITV CAMERAS AND VIDEO RECORDING: In order to help maintain the safety of the Village residents, security cameras are mounted on the outside of the Village gates, and within the Village in Memorandum of Understanding Page 55 of 62
community areas, including the Farm and Garden. There is constant video recording of activity that happens oulslde the Village gate, including people entering and leaving the front door, and within the Village, Including activity within the community areas and pathways to and from them. Participant consents to limited use of thetr images for security purposes only.
MAINTENANCE: On the first day of the term, the parties shall complete and sign the Move-tn/Move- Out Inspection Form attached to this Housing Agreement. The completed Move-ln/Move-Out Inspection Form shall contain a complete list of all components included in each unit as of the flrst day of the term.
The parties shall ensure that all componsnts included on the Move-ln Inspection Form are clean and in good working order and repair as of the first day of the tenn.
The program provider is responsible for keeping the property habllabie, safe, sanitary, and in compliance with ad state and local housing, building, and health requirements. Furthermore, the program provider is responsible for maintaining mechanical equipment and utilities In good operating condition.
The participant shall keep the community areas and their unit, Including all components and appliances, clean and sanitary, aside from wear and tear caused by normal use. The participant shall be jointly responsible for the upkeep of the community areas. The participant shall use all program-provided components and appliances only in the manner intended by the manufacturer. For example, the participant shall not use the stove for heating, or use the refrigerator for cooling.
The participant shall not make any alterations or modifications to the unit or the property without written prior approval from the program provider. The participant shall not paint, paper, or otherwise redecorate or make any alterations to the unit or the property without prior written approval from the program provider. The participant shall not commit any act resulting in the destruction, defacement, damage, impairment, or removal of any part of the property, including walls, ceilings, and floor coverings, and the furniture, fixtures, and furnishings of the property (nor allow a guest to do so), or do any other act defined In California Civil Code Section 1941.2.
The participant shall promptly notify the program provider if they become aware of any maintenance problem or repair needed in the unit, community areas, or any other part of the property, The participant shall be responsible for the cost of any maintenance of the unit or the property where the need for the maintenance, repair, or replacement is caused by the negligence, wrongful act, or omission of the participant or the participant's guests. If a participant or Village staff member has concerns about the maintenance or safety of the unit, a repair person will be contacted, and 24-hour notice will be given for a repair person's entrance.
The participant agrees to leave their assigned unit, including all components and appliances, in the same condition as on the first day of the term, aside from normal wear and tear. The participant shall be responsible for damages to the property and any equipment or furnishings contained therein that were caused by the participant's negligence or wrongful act, or that of the participant's guests. The participant will receive a Participant Repair Receipt for the cost associated with repairs that are needed.
This outlines costs that the participant will need to pay In full. If the participant is unable to pay said Memorandum of Understanding Page 56 of 62
costs at the time of notice, the program provider may work with the participant to set up a payment plan.
ANIMAL POLICY; Participant must provide proof of registry as an Emotional Support Animal (ESA) or therapy/sen/lce animal for any animal residing at the Richmond Tiny House Village. All animals must be registered with Village staff at the time of move-in using the Animal Registry Form, and all new animals that the participant obtains during their tenancy must be approved and registered before they are Introduced to the space. Animals are the sole responsibility of the participant and participants are expected to ensure that their animals are adequately trained for community living. All animals must also have records of up-to-date shots and must be spayed or neutered. There may be a total of three dogs and five cats altogether living on-slte at a given time. Each participant may have up to one dog or one cat maximum at a given time, as long as the total number of animals on-slte does not exceed the aforementioned amount (pets will be allowed in on a first-come, first-served basis). All cats must be outdoor-friendly, and litter boxes must be stored underneath the cat owner's unit. All dogs must be leashed when outside their owner's home, The fire road behind the property may be utilized as a space to let dogs off-leash, and as an area for animals to relieve themselves. Any animal waste inside the property and on the fire road must be scooped and disposed of immediately. Participants cannot leave their dog(s) unattended in thetr tiny house for longer than two hours. If a participant plans on leaving their unit or the property for longer than two hours and is unable to bring their dog with them, they must arrange for either another participant or a Resident Assistant to periodically let their dog outside to relieve themselves while they are gone.
If any dog hurts another participant, staff, guest, or participant's pet, those Involved may request that Village staff hold a mediation with the affected parties, which may Include the larger Village community if a serious Incident occurs. If the dog Is deemed unsafe to continue living in the Village, the program provider has the authority to require (he dog to leave the Village. As required by law, Village staff may notify Animal Control of any Incident Involving serious injury.
APPLIANCES: Participants may not keep or use any electrical appliances that are heat-generating in their unit. This includes but is not limited to; mini fridges, microwaves, coffee makers, electric tea kettles, hot plates, and induction burners. Additionally, participants may not smoke, burn candles, or bum Incense (including sage or cedar) in their unit as it poses a firs hazard, All lights must be turned off when participants are not in their homes, for energy use responsibility and Ore safety.
SELF-DEFENSE TOOLS: Participants who own self-defense tools are required to hand these to Village staff upon entering the Village property; these will be stored in a lock-box In the staff office, and will be given to participants upon request when leaving the property. Self-defense tools that are approved to store on-site are pocket knives with blades less than 7 inches in length, mace,or any keychain self-defense tool. All self-defense tools must be approved by Village staff before they are allowed on-site.
FOOD; Participants are expected to eat all meals either outside their house or In one of the communal spaces. Participants are allowed to eat snacks in their unit as long as food is stored properly and food waste Is managed appropriately. Village staff have discretion to determine whether an individual resident's food management within their unit does or does not meet program expectations.
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PEST CONTROL: Participants shall Immediately report any and all pest problems in their unit or at the property to the program provider, Participants shall allow the program provider's pest control service provider to inspect and apply pest control treatment inside the unit upon receiving 24-hour notice, UTILITIES: The program provider shall be responsible for arranging and paying for the following utilities: electricity, water, sewer, Internet, and trash services for the property. Cable TV satellites and wiring individual units for cable and Internet are prohibited.
RIGHT OF ENTRY AND INSPECTION: To protect the safety of all participants, the property's community areas, and the integrity of the program, Richmond Tiny House Village staff retain the ultimate right of control and access to the property. Village staff may enter the property's common areas at any time to conduct program business. The program provider shall have the right to enter the participant's unit with 24-hour advance notice for the following purposes:
a, To make necessary and agreed-upon repairs, alterations, or improvements; b. To conduct an Initial inspection prior to participant's move-out date; c. To conduct inspections as required by funders or regulatory agencies; d, To show the property to a prospective participant after the participant currently occupying the unit has delivered to the program provider a notice of termination of this Housing Agreement; e, If the program provider believes that the participant has abandoned or surrendered the unit; f. If the program provider Is acting pursuant to a court order.
If a participant Is present and consents to the program provider's entry at the time of entry, or in cases of emergency situations - ie., if the program provider believes that a participant's health, safety, or welfare is Immlnently at risk, or has reasonable suspicion of the possession of any weapons or drugs that are illegal for that participant - the program provider shall have the right to enter the property or the unit without advance notice to the participant and such entry will not be in default of this Housing Agreement.
The program provider shall have the right to enter the property and unit with advance notice of 72 hours to conduct a standard quarterly cleanliness and maintenance inspection of the unit. This is to ensure that the unit meets program cleanliness standards (ie., no pests, no rotting or pest-attracting food, no mold, no human or animal wastes, etc.). If the unit does not meet these cleanliness standards during a unit check, the participant will be issued a warning. Failure to meet these standards after an Initial warning will be considered a Behavior Violation and will be met with the appropriate consequences (see Section IV of the Covenant). More frequent inspections may be scheduled by Village staff on an as-needed basis. Village staff and participants may agree orally to staffs immsdiate entry, or entiy at a specific date and time in the future, to make agreed-upon repairs or supply services, in which case no written notice will be required.
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WELLNESS CHECKS; Village staff may make daily wellness checks, which would Involve knocking on participant doors and performing a verbal wellness confirmation. If It Is noted by on-site staff that a participant is on-site and not in any common spaces, and has not responded to wellness check knocks for two days, this may result in Village staff unlocking the door and looking inside without entering to make sure the resident Is safe.
SUBSTANCE POLICY: At the Richmond Tiny House Village, we are committed to respecting each resident's personal choices around substance use. We acknowledge the need to balance both the importance of individual autonomy and responsibility to one's community. Residents are to be especially mindful of other residents that are committed to sobriety and abstinence from substance use.
When illegal substances are used In a community setting, there are often negative impacts that extend beyond the individual using them. There is not only greater potential for harm In the community, there Is greater likelihood for police intervention and increased liability for the program and its funding sources.
At the Richmond Tiny House Village, residents who are over 21 years of age and therefore legally allowed to use tobacco or cannabis products may use them in the property's designated smoking area or off-site at least 25 feet away from the property perimeter. Residents under 21 years of age are not permitted to use or store substances of any kind (Ie., cannabis, alcohol, tobacco) on-site, as it presents a liability issue. Residents who are over 21 years of age may store cannabls and tobacco in their unit, but they are NOT allowed to use these substances anywhere on-slte other than designated smoking areas. Residents of any age may not store or use alcohol on-slte, including In the designated smoking area. No cannabls or alcohol use Is permitted in the parking lots, on the fire road, or within 25 feet of the Village perimeter. Residents may not share tobacco, cannabls, or alcohol with any resident or guest who is under the age of 21.
When residents return to (he Village after having used substances, they are to be mindful of the Impact that their substance use has on other residents, particularly residents that are trying to stay sober. In these circumstances, residents are strongly encouraged to remove themselves from a public space if other residents feel that their presence there is harmful.
Residents may store and use their own prescription medications (as prescribed) on-site. No residents may store and use prescription medications that are not prescribed to them on-slte.
Drugs (such as cannabis) may not be grown on-site.
No drugs that are illegal for everyone or considered "hard" substances are allowed to be stored or used on-site. The use of these substances puts residents and the community at greater risk of harm, and our community goal is to cultivate an environment that's safe for everyone. While we cannot meet everyone's individual needs around substance use, we are committed to creating a self-empowered community environment that Is as safe and healthy for everyone as possible, DEFAULT OR TERMINATION: A participant may terminate this agreement by providing 30 days written notice to Richmond Tiny House Village staff. Such notice Indicates that the participant agrees to Memorandum of Understanding Page 59 of 62
vacate the unit no later than 30 days after such notice, remove all personal property, and leave the unit clean and In good condition.
Richmond Tiny House Village staff may terminate this Housing Agreement and a participant's tenancy if the participant violates the terms of this Agreement, the accompanying Covenant, or any amendments to this Agreement (see Section IV of the Covenant).
If a participant violates any terms of this Agreement, the accompanying rules and regulations, or any amendments to this Agreement, their actions will be addressed by Village staff. If appropriate, the participant will be given the opportunity to resolve the issue by participating in a restorative process (see Section IV of the Covenant). If the harmful behavior Is non-negotlable (see Tier 3 of Section IV of the Covenant for a list of non-negotiabte behaviors), or If a satisfying conclusion Is not reached through a restorative process, the participant shall permanently leave the property and remove all of their belongings within 30 days. If the participant does not leave the property by the end of the 30-day notice period, the program provider will file and pursue an Unlawful Retainer action against the participant to regain possession of the unit and property.
SERVICE OF NOTICES: Any notice to Richmond Tiny House Village staff must be In writing and either sent by U.S. mail to 175 23rd St. Richmond, CA 94804 or personally served to the Program Manager.
ABANDONMENT OF UNIT: If a participant is staying off-site for more nights than allowed in the Overnight Pass Policy, the participant will receive a Tier 1 Violation, In accordance with Section IV of the Covenant. If a participant is found to have not been on-site for more than 24 hours with no pass and no notice of an emergency situation (such as hospltallzation or incarceration), Village staff will attempt to contact the participant and emergency contacts Immediately. If It Is found that the participant is consistently staying in a different location, staff will work with the participant to address barriers to living at the Richmond Tiny House Village. If arrangements cannot be made to make it feasible for the participant to stay at the Village for six nights a week at minimum (as laid out in the Overnight Pass Policy), alternate housing services may be sought by Village staff. If a participant fails to communicate with staff but is consistently staying elsewhere, their unit may be considered "abandoned" and will be turned over by staff; the participant in this case would be considered exited from the program.
ABANDONED PROPERTY; The participant is responsible for removing all of their belongings from the unit and property immediately upon termination of this Agreement. If a participant moves out of the property but leaves personal belongings behind, Village staff will make reasonable efforts to give the participant a notice that includes a list of what property was left behind and the date by which the property must be picked up, It is the participant's responsibility to leave a forwarding address with Village staff. If the participant does not reclaim the property within 30 days of service of the notice, Village staff will sell the abandoned property at a public auction unless the property Is worth less than $300.00, Village staff may deduct the costs of storage, advertising costs of the public auction, and the costs for the auction itself from the proceeds of the auction. All remaining proceeds will be deposited with the County Treasurer for the participant to claim within one year. If the property is worth less than $300.00, Village staff may dispose of the property.
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COMPLIANCE WITH FUNDING REQUIREMENTS: The participant's household composition, eligibility, and Income shall be certified by the participant and verified by the program provider at initial occupancy and annually thereafter during the term of this Housing Agreement. The participant shall execute such documents and provide such documentation as requested by the program provider to certify the participant's household income,
In addition, the participant shall notify the program provider Immediately if any of the following changes occur:
a. The participant obtains employment when the status on the most recent recertification was reported as "unemployed";
b. The participant's income cumulatlvely increases by $200,00 or more per month.
Any misrepresentation of the participant's household Income or household size, or failure to comply with the reasonable requests of the program provider regarding verification of the participant's household income, Is a violation of this Housing Agreement and constitutes a participant default under this Housing Agreement.
INDEMNIFICATION: The participant shall indemnify and hold harmless the program provider (and the program provider's agents and their employees) from and against any claims against the program provider arising out of; the occupancy of the property by the participant; activities at the property undertaken by the participant or their guests, family, pets, or any other person entering the property by their doing; and issues with any goods or equipment, unless the damage is the direct result of the program provider's gross negligence or willful misconduct of the Richmond Tiny House Village program.
The program provider (and the program provider's agents and their employees) shall not be liable to the participant or any of their guests, family, or any other person entering the property by their doing for any injury to their person or property occurring at the Village property. The program provider recommends that the participant obtain renter's insurance. The program provider carries insurance on the property only, which will not cover any of the participant's personal or other property located on or about the Village property. The participant shall be responsible for paying for and carrying their own Insurance for personal belongings.
NON-DISCRIMINATION: In order to ensure equal access to the Richmond Tiny House Village's programs by all Individuals, the Richmond Tiny House Village does not discriminate based upon race, ethnicity, color, creed, rellgfon, gender, assigned or assumed sex, age, marital status, familial status, source of income, sexual orientation, national origin or ancestry, disability, or any other protected classification under state and federal law, In the use, occupancy, transferring, or enjoyment of the property herein Housing Agreement.
Any persons with questions or concerns about any type of discrimination or who feel that they have been or are being discriminated against by a Richmond Tiny House Village employee should first Memorandum of Understanding Page 61 of 62
contact the Program Manager. If a satisfactory response is not received within 24 hours, they may follow the Grievance Procedure as outlined in the Housing Agreement, GRIEVANCE PROCEDURE: If a participant feels that any Richmond Tiny House Village staff has not adhered to the standards set forth In this Housing Agreement, they are entitled to file a grievance. The Resident Grievance Procedure must be provided by any staff member upon request.
WAIVERS: No failure of the program provider to enforce any term of this Agreement In any specific instance, including any of the Commitments for Communal Living stated In the Covenanti shall be deemed a waiver, nor shall such failure prevent the program provider's right to enforce the terms of any and all provisions of this Agreement in the future. No indulgence, waiver, election, or non- election by the program provider under this Agreement shall affect the participant's duties and liabilities hereunder.
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EXHIBIT G
Richmond Tiny House Village Supportive Services Agreement 26