Agenda

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C. 61

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	May 5, 2015

Contra

Costa

County

Subject:

Approval of Amendment to HOPWA Legal Documents for the Riley Court Apartments Project in Concord

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/05/2015

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:

Kristin Sherk, (925) 674-7887

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 5, 2015
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute amended and restated loan agreement providing $530,000 in Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds to Resources for Community Development (RCD), a California nonprofit public benefit corporation, for the Riley Court Apartments project in Concord.

FISCAL IMPACT:

No General Fund Impact. HOPWA funds are provided to the County on a formula basis through the City of Oakland.


CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA NUMBER):

FISCAL IMPACT: (CONT'D)

Housing Opportunities for Persons with HIV/AIDS (HOPWA) Program - 14.241

BACKGROUND:

On January 11, 2011, the Board of Supervisors allocated $530,000 in HOPWA funds to Resources for Community Development (RCD) for the Riley Court Apartments project in Concord. The purpose of the Riley Court Apartments project is to improve 48 units of rental housing affordable to and occupied by lower income families, including those with HIV/AIDS in Concord and Central County. The project involves the rehabilitation of 41-one bedroom units and 7-two bedroom units. Five of the one bedroom units will be designated for persons living with HIV/AIDS. In accordance with HOPWA regulations, RCD has contracted with County Health Services Department's AIDS Program to be the lead service agency and direct provider of services to residents of Riley Court. RCD acquired the property in 1997 with financing from the Contra Costa County HOME program, the City of Concord, and other sources.

The project is being rehabilitated in two phases. The County and RCD entered into legal documents for $191,000 on HOPWA funds in October 2011, for the first phase of rehabilitation. Phase 1 rehabilitation was completed December 2011. Phase 1 provided two HOPWA units.

To finance the second, and final phase of rehabilitation, RCD is borrowing the remaining $339,000 of HOPWA funds for a total of $530,000. To evidence both phases as a single loan, the County and RCD are amending and restating the original HOPWA Loan Agreement, amending and restating the original Regulatory Agreement, amending and restating the original Deed of Trust, and amending and restating the original Promissory Note.

On March 25, 2014, the Board approved the legal documents, including the amended and restated HOPWA Loan Agreement, for this project. RCD was delayed in closing the loan and beginning the rehabilitation. RCD and County staff wish to revise the amended and restated HOPWA Loan Agreement to modify the dates by which RCD must pull building permits, commence rehabilitation, and complete rehabilitation. Article 3 of the HOPWA Loan Agreement allows the County to approve in writing later dates.

The requested date changes are as follows:
Obtain all Permits and Approvals: Change from October 1, 2014, to May 15, 2015.
Commencement of Rehabilitation: Change from October 1, 2014, to May 15, 2015.
Completion of Rehabilitation: Change from December 31, 2014, to June 30, 2015.

CONSEQUENCE OF NEGATIVE ACTION:

If the requested changes to the document are not made, then RCD will be in default under the loan agreement.

CHILDREN'S IMPACT STATEMENT:

Riley Court Apartments supports Children Reports Card Indicator #4: families are safe, stable, and nurturing.