HomeMy WebLinkAboutMINUTES - 11/4/2025 - BOS Comp Min PktMeeting Minutes
CONTRA COSTA COUNTY BOARD OF
SUPERVISORS
Supervisor John Gioia, District I
Supervisor Candace Andersen, District II
Supervisor Diane Burgis, District III
Supervisor Ken Carlson, District IV
Supervisor Shanelle Scales-Preston, District V
Clerk of the Board (925) 655-2000
clerkoftheboard@cob.cccounty.us
9:00 AMTuesday, November 4, 2025
1.CALL TO ORDER; ROLL CALL
District II Supervisor Candace Andersen, District III Supervisor
Diane Burgis, District I Supervisor John Gioia, District IV
Supervisor Ken Carlson, and District V Supervisor Shanelle
Scales-Preston
Present:
2.PLEDGE OF ALLEGIANCE
3.CLOSED SESSION
A.CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)
(1))
1.Christopher Vieira v. Contra Costa County, WCAB Nos. ADJ17556584; ADJ17556639
2.Vyacheslav Viner, et al. v. Contra Costa Regional Medical Center, et al.; Contra Costa County
Superior Court, Case No. C21-00187
3.Tracy Pachote v. County of Contra Costa, et al., United States District Court, Northern District of
California, Case No. 21-04097 SK
4.Contra Costa County v. Comcast Cable Communications Management LLC; Contra Costa County
Superior Court, Case No. C25-01871
B.CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation (Gov. Code, § 54956.9(d)(4)): [one potential case]
In the matter of Item B Anticipated Litigation, the Board voted 4-0 to not appeal the California
Department of Water Resources certification of consistency for the Delta Conveyance Project .
Supervisor Burgis recused herself and was not present during the deliberation .
4.Inspirational Thought-
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
"Our debt to the heroic men and valiant women in the service of our country can never be repaid. They
have earned our undying gratitude. America will never forget their sacrifices." President Harry Truman
5.CONSIDER CONSENT ITEMS (Items listed as C.1 through C.100 on the following
agenda) – Items are subject to removal from Consent Calendar by request of any
Supervisor. Items removed from the Consent Calendar will be considered with the
Discussion Items.
Motion:Carlson
BurgisSecond:
Aye:
Result:Passed
6.PRESENTATIONS
PR.1
PR.1 Presentation PowerPoint 25-4739
Attachments:State Legislative Update - Contra Costa BoS
PR.2
PR.3
PR.4
7.DISCUSSION ITEMS
D.1.HEARING to consider adoption of Resolution No. 2025-385, amending the
Department of Agriculture, and Weights and Measures fee schedule,
effective December 1, 2025. (Matt Slattengren, Agriculture
Commissioner/Weights and Measures Director)
RES
2025-385
Attachments:FeeSchedule
DeptCostAnalysis 2025
adopted
Motion:Carlson
BurgisSecond:
District IV Supervisor Carlson, District III Supervisor Burgis,
District II Supervisor Andersen, and District I Supervisor Gioia
Aye:
District IV Supervisor Carlson, District III Supervisor Burgis,
District II Supervisor Andersen, and District I Supervisor
Gioia
Aye:
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
D.2.CONSIDER adopting Resolution No. 2025-386 proclaiming a local
emergency caused by the disruption of funding for CalFresh food assistance
benefits, including the activation of County disaster service workers;
ALLOCATE up to $21,000,000 from the General Fund from the following
sources and in the following order to purchase debit cards for distribution to
CalFresh eligible households for the month of November 2025; DIRECT the
County Administrator, or designee to prepare a Budget Amendment to
effectuate the final allocation decision of the Board of Supervisors;
AUTHORIZE the distribution of debit cards to November CalFresh Eligible
Households and authorize the Employment and Human Services Director to
execute a related contract amendment; DIRECT the Employment and
Human Services Director to report to the Board of Supervisors, within 60
days, on the need for continuing the local emergency; and PROVIDE
additional direction to staff on steps to mitigate the disruption of funding for
CalFresh food assistance benefits. (Marla Stuart, Employment and Human
Services Director)
Attachments:Staff Report w/ Footnotes (PDF)
Resolution No. 2025-386
CalFresh Shutdown Impacts PowerPoint
Resolution No. 2025-386_Signed
Correspondence Rec
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
and in the following order to purchase debit cards for distribution to CalFresh
eligible households for the month of November 2025 and DIRECTED the County
Administrator, or designee to prepare a Budget Amendment to effectuate the final
allocation decision of the Board of Supervisors:
a. $8,181,373. General Fund Unassigned Fund Balance . This is the amount of
COVID-19 FEMA reimbursement revenue that was received by the County after the
FY25-26 Budget Adoption and is currently not appropriated in FY 25-26.
b. $12,818,627. Appropriation for Contingencies.
DIRECTED the County Administrator or designee to prepare Budget Amendments
as needed to effectuate the final allocation decision of the Board of Supervisors
AUTHORIZED the distribution of debit cards to November CalFresh Eligible
Households and authorized the Employment and Human Services Director to execute
a related contract amendment
DIRECTED the Employment and Human Services Director to report to the Board of
Supervisors, within 60 days, on the need for continuing the local emergency
PROVIDED additional direction to staff on steps to mitigate the disruption of funding
for CalFresh food assistance benefits, including: distributing debit cards during
weekend hours at each designated office; and loading food assistance benefits on the
debit cards in installments as needed depending on the status of federal issuance of
SNAP benefits.
Motion:Andersen
GioiaSecond:
District III Supervisor Burgis, District I Supervisor Gioia,
District IV Supervisor Carlson, District V Supervisor
Scales-Preston, and District II Supervisor Andersen
Aye:
Result:Passed
D.3.HEARING to consider adopting Ordinance No. 2025-19, adopting the 2025
California Building Standards Codes, with changes, additions, and deletions,
as recommended by the Conservation and Development Director. (Jason
Crapo, Conservation and Development Department)
25-4626
Attachments:Ordinance No. 2025-19 Adoption of 2025 Building Code
Findings - Ord. No. 2025-19
Adopted
Motion:Burgis
CarlsonSecond:
D.4.HEARING on the itemized costs of abatement for property in
unincorporated Contra Costa County, 1920 6th St., Richmond, California
(Ray James & Corinea, Owners). (Jason Crapo, Conservation and
Development Department)
25-4627
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Attachments:Itemized Abatement Costs - TMP-12643 CERV24-00048 1920 6th St.,
Richmond.pdf
Before And After Pictures - TMP- 12643 CERV24-00048 1920 6th
St., Richmond.pdf
This Discussion Item was approved.
Motion:Gioia
BurgisSecond:
D.5.HEARING on the itemized costs of abatement for property in
unincorporated Contra Costa County, 616 Grove Ave., Richmond,
California (Wilson Fanny Estate Of C /O Tracey Warren, Owner). (Jason
Crapo, Conservation and Development Department)
25-4628
Attachments:Itemized Abatement Costs - TMP- 12645 CERV24-00015 616 Grove
Ave., Richmond.pdf
Itemized Abatement Costs - TMP- 12645 CERV24-00012 616 Grove
Ave., Richmond.pdf
12645-Before and After Photos CERV24-00012 & CERV25-00015
616 Grove Ave., Richmond.pdf
This Discussion Item was approved.
Motion:Gioia
BurgisSecond:
D.6.CONSIDER approving the Contra Costa County Clean Energy Roadmap for
existing buildings, as presented to the Sustainability Committee, and making
related California Environmental Quality Act finding. (Demian
Hardman-Saldana, Conservation and Development Department)
25-4629
Attachments:Clean Energy Roadmap for Existing Buildings - Draft to Consider for
Approval
9-8-25 Sustainability Committee Clean Energy Roadmap Staff Report
11-4-2025 Clean Energy Roadmap Presentation_Final_v1
This Discussion Item was approved.
Motion:Gioia
BurgisSecond:
District II Supervisor Candace Andersen, District III Supervisor
Diane Burgis, District I Supervisor John Gioia, and District IV
Supervisor Ken Carlson
Present:
District V Supervisor Shanelle Scales-PrestonAbsent:
D.7 CONSIDER consent item previously removed.
There were no consent items removed for discussion .
D.8 PUBLIC COMMENT (2 Minutes/Speaker)
Speakers: The following nurses spoke on contract negotiations and working conditions:
Susi Polos; Jennifer Castro, RN, California Nurses Association (CNA; Yuka Johnson, CCHS;
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Cindy Fernandez, CNA; Colleen Derne, CNA; Cameron Popino, CNA; Desiree Aguilar, CNA;
Maria Sahogun, CCRMC; Mireya Diaz, CCRMC; Rocelia Rowe, CCRMC; Desiree Aguilar,
CNA; Kaitlin Messmer, CNA; Danielle Lopez, CNA; Laurinda S. Abena, CNA; Jenica Ramos,
CNA; Jessica Censoplano, CNA; Gabriel Okere.
D.9 CONSIDER reports of Board members.
There were no items reported today.
11:00 A.M. Veterans Day Celebration
8.ADJOURN in memory of Jake 'Papa' Larson, WWII Veteran and Mike Doyle, former
Danville Mayor
Adjourned today's meeting at 2:38 p.m.
9.CONSENT CALENDAR
Board Standing Committees (referred items)
CONSIDER CONSENT ITEMS
A motion was made to approve the Consent Agenda. The motion carried by the
following vote:
Aye:
Result:Passed
C.1.APPROVE and AUTHORIZE the allocation of $148,501 in Fish and
Wildlife Propagation funds to 15 eligible projects based on the Fish and
Wildlife Committee's recommendations, as recommended by the Internal
Operations Committee. (100% Fish and Wildlife Propagation Fund)
25-4624
Attachments:Fish and Wildlife Propagation Fund Allocation Recs Attachments
approved
Clerk of the Board
C.2.ADOPT Resolution No. 2025-366 declaring November as Homelessness
Awareness Month and Youth Homelessness Outreach, Prevention, and
Education (HOPE) Month in Contra Costa County; and ADOPT
Resolution No. 2025-385 declaring December 21st as Homeless
Persons’ Memorial Day in Contra Costa County, as recommended by the
Health Services Director.
Attachments:Homelessness Awareness Month Presentation_ 11.4.25
2025_HAM-Flyer-Toolkit
Outstanding Housing Provider Recognition
Outstanding Partnership Recognition
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Outstanding Volunteer Recognition
Phoenix Rising Recognition
Resolution No. 2025-366
adopted
C.3.ADOPT Resolution No. 2025-367 proclaiming November 2025 as
Adoption Awareness Month in Contra Costa County, as recommended
by the Employment & Human Services Director.
RES
2025-367
Attachments:Resolution No. 2025-367
adopted
C.4.ADOPT Resolution No. 2025-368 proclaiming November 5, 2025, as
the Contra Costa County Shelter-in-Place Education Day, as
recommended by the Health Services Director.
RES
2025-368
Attachments:2025 Shelter in Place Drill Fact Sheet
Resolution No. 2025-368
adopted
C.5.ADOPT Resolution No. 2025-369 recognizing Veterans Day and
honoring the Veterans of Contra Costa County, as recommended by
Supervisor Andersen.
RES
2025-369
Attachments:Resolution No. 2025-369
adopted
C.6.ADOPT Resolution No. 2025-370 honoring Tamara Steiner upon her
retirement from the Concord Clayton Pioneer, as recommended by
Supervisor Carlson.
RES
2025-370
Attachments:Resolution No.2025-370
adopted
C.7.APPOINT Jon Green to the At-Large Representative seat 4 on the
Juvenile Justice Coordinating Council for a term ending October 22,
2026, as recommended by the Public Protection Committee .
25-4533
Attachments:Attachment A-application
Attachment B-application
approved
C.8.APPOINT Nelson Alves to Appointee Seat 2 and Michael Walko to
Appointee Seat 3 on the Knightsen Town Advisory Council (KTAC) for
terms ending December 31, 2028, as recommended by Supervisor Burgis
25-4534
approved
C.9.APPOINT Michael Sene to the Alternate Seat on the Alamo Municipal
Advisory Council for a term ending December 31, 2028, as
recommended by Supervisor Andersen.
25-4535
approved
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
C.10
.
APPOINT Dr. Talia Moore to the community-representative alternate
seat on the Racial Justice Oversight Body for term ending December 31,
2026, as recommended by the Equity Committee.
25-4536
Attachments:Moore, Talia (RJOB) redacted application
approved
C.11
.
APPOINT, in lieu of election, Sandra Speckman Kiefer to the Board of
Trustees of Reclamation District 2117 for a four-year term ending
December 2029.
25-4537
Attachments:Reclamation District 2117 Letter 2025
approved
C.12
.
APPOINT, in lieu of election, Coleman Foley and Thomas Baldocchi, Jr .
to the Board of Trustees of Reclamation District 2065 for four-year
terms ending December 2029.
25-4538
Attachments:RD 2065 Letter 2025
approved
C.13
.
APPOINT, in lieu of election, David Bradshaw to the Board of Trustees
of Reclamation District 2026 for a four-year term ending December
2029.
25-4539
approved
C.14
.
APPOINT, in lieu of election, Russell E. Ryan to the Board of Trustees
of Reclamation District 2025 for a four-year term ending December
2029.
25-4540
approved
C.15
.
APPOINT, in lieu of election, Molly Ferrell and Emma Mendonsa to the
Board of Trustees of Reclamation District 2137 for terms ending
December 2029 and December 2027, respectively.
25-4541
Attachments:Reclamation District 2137 Letter
approved
C.16
.
APPOINT Vinoy Mereddy to the Board of Supervisors #1 seat on the
Airport Land Use Commission to complete the unexpired term ending
on May 7, 2028, as recommended by the Internal Operations Committee .
25-4542
Attachments:Mereddy, Vinoy (ALUC) 08-06-25
Airport Land Use Commission Roster 10.22.25
Seeking Airport Land Use Commission Member News Release (2025)
approved
C.17
.
APPROVE the Bylaws of the Transitional Community Advisory Body
for the African American Holistic Wellness and Resource Hub.
25-4543
Attachments:T-CAB Bylaws_11.4.25 (Final)
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
approved
C.18
.
APPROVE update to policy governing County expenditures for annual
Board of Supervisors hosted commemorative events, as recommended
by the County Administrator.
25-4544
approved
C.19
.
DECLARE a vacancy in the District 3 seat on the Emergency Medical
Care Committee for a term ending September 30, 2026, and DIRECT the
Clerk of the Board to post the vacancy, as recommended by Supervisor
Burgis.
25-4545
Attachments:Vacancy Notice
approved
C.20
.
REAPPOINT Supervisor John Gioia as the Board of Supervisors
representative and reappoint Supervisor Diane Burgis as the Board's
alternate representative on the California State Association of Counties'
Board of Directors to new terms beginning November 30, 2025 and
ending on November 29, 2026, as recommended by Supervisor
Andersen.
25-4546
approved
Clerk-Recorder/Elections
C.21
.
APPROVE and AUTHORIZE the Auditor-Controller to remit additional
payment to Konnech, Inc., increasing the payment limit by $142,592 to a
new payment limit of $250,000 with no change in the term through
February 20, 2026, for software licensing, maintenance, and support of
the poll worker scheduling and polling place procurement application, as
recommended by the Clerk-Recorder. (100% State funds)
25-4547
approved
Conservation & Development
C.22
.
ADOPT Resolution No. 2025-383 authorizing the issuance of a
multifamily housing revenue bond in one or more taxable or
tax-exempt series (“Bond”), including a tax-exempt series of the Bond
designated as “County of Contra Costa, California Multifamily
Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025
Series A” in an amount not to exceed $35,700,000, and a taxable series
of the Bond designated as “County of Contra Costa, California
Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A
South), 2025 Series B (Federally Taxable)” in an amount not to exceed
$10,000,000, to finance the acquisition and construction of a 70-unit
multifamily residential rental housing development known as El
Cerrito Plaza – Parcel A South located at 515 Richmond Street in El
Cerrito, as recommended by the Conservation and Development
Director. (100% Special Revenue funds)
RES
2025-383
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Attachments:Trust Indenture (El Cerrito Plaza - Parcel A South), 4919-3546-4294_7
Loan Agreement (El Cerrito Plaza - Parcel A South),
4897-1353-2006_7
Regulatory Agreement (ECP Parcel A South Housing Partners, L.P.),
4930-9998-4488_3
Resolution No. 2025-383
adopted
C.23
.
APPROVE and AUTHORIZE the Conservation and Development
Director, or designee, to execute legal documents and take related
actions to provide a HOME Investment Partnership Program loan in the
amount of $1,500,000, a Measure X loan in the amount of $5,000,000,
and a Permanent Local Housing Allocation loan in the amount of
$1,876,423 to ECP Parcel A South Housing Partners, L.P., for the
construction of an affordable rental housing development located at 515
Richmond Street in the City of El Cerrito, and make related findings
under the California Environmental Protection Act, as recommended by
the Conservation of Development Director. (18% Federal, 22% State,
and 60% County Measure X funds)
25-4620
Attachments:EL Cerrito Plaza A South County Loan Agreement(4072096.2)
El Cerrito Plaza A South County Loan Leasehold Deed of
Trust(4070592.2)
El Cerrito Plaza A South County Loan Promissory Note(4070963.2)
El Cerrito Plaza A South County Regulatory Agreement (HOME,
PLHA, Measure X )(4070598.3)
El Cerrito Plaza A South Intercreditor and Subordination and
Agreement with the City of El Cerrito(4070600.2)
approved
C.24
.
APPROVE the Fiscal Year 2025/26 budgets for the Congestion
Management Agency and the Regional Transportation Planning
Committees, and a total County contribution of $822,973 to these
budgets, as recommended by the Conservation and Development
Director. (100% Gas tax and Measure J funds)
25-4621
Attachments:CMA & RTPC FY25-26 Budget Report_v.2
approved
C.25
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a memorandum of understanding with the City of San Ramon,
to pay the city $20,000 as the County’s share for participating in the San
Ramon Valley Street Smarts Program during the period from July 1,
2025, through June 30, 2026, and allocate $40,000 from the Livable
Community Trust Fund to pay the County’s share of program expenses
in Fiscal Years 2025/26 and 2026/27, San Ramon area, as recommended
by Supervisor Andersen (100% District II Livable Communities Trust
Fund monies)
25-4622
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Attachments:LCT Project List 11.4.25 BOS
Street Smarts Program MOU 2025-26
approved
C.26
.
APPROVE and AUTHORIZE the Conservation and Development
Director, or designee, to execute a subordination agreement with
Berkadia Commercial Mortgage, LLC, and a subordination agreement
with the State of California - Department of Housing and Community
Development, to permit the refinancing of the senior debt associated
with an affordable housing development known as Grayson Creek
Apartments, located at 100 Chilpancingo Parkway in the City of Pleasant
Hill. (No fiscal impact)
25-4623
Attachments:Berkadia 11156 Grayson Creek - Subordination Agreement
Multi-Family Housing-subord-agrmt
approved
County Administration
C.27
.
ADOPT the 2025 Records Retention Schedule for the County
Administrator’s Office, as recommended by the County Administrator.
25-4625
Attachments:2025 Record Retention Schedule - County Administrator's Office
approved
C.28
.
APPROVE allocations of Supervisorial District IV Community Impact
Funds in an aggregate amount of $511,600, as recommended by
Supervisor Carlson. (100% General Fund)
25-4638
Attachments:Staff Report w/ Footnotes (PDF)
Attachment A - Community Impact Fund District IV
Recommendations
Speakers: Andy Dunn, Cancer Support Community; Katy Colbath, The Food
Room; Gigi Crowder.
approved
C.29
.
Acting as the governing Board of the Crockett-Carquinez Fire Protection
District, RATIFY the Fire Chief's application of grant funding from the
California Department of Forestry and Fire Protection (CAL Fire),
Volunteer Fire Capacity Grant, to receive funding in an amount up to
$18,578, and ADOPT Resolution 2025-384 to APPROVE and
AUTHORIZE the Fire Chief, or designee to execute a contract with
CAL Fire, to purchase personal protective equipment for the District .
(50% CCFPD match)
adopted
District Attorney
C.30
.
APPROVE and AUTHORIZE the Purchasing Agent or designee to
execute, on behalf of the District Attorney, a purchase order and related
25-4548
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
license agreement with JDI Ventures, LLC in an amount not to exceed
$2,840 for the Criminal Justice Information System online training
platform, for the period November 1, 2025 through October 31, 2026.
(100% General Fund)
approved
Employment & Human Services
C.31
.
ADOPT Resolution No. 2025-371 to approve and authorize the
Employment and Human Services Department Director, or designee, to
apply for, accept and execute the Continued Funding Application
including any amendments or extensions thereof pursuant to State
guidelines, with the California Department of Education, in the amount
of $22,768,087 to provide state preschool services to eligible children
and families, allowing the total funding amount to increase up to
$23,906,492 for the period July 1, 2026 through June 30, 2027. (100%
State)
RES
2025-371
adopted
C.32
.
APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract with Making Waves
Foundation, Inc., in an amount not to exceed $414,866 to provide youth
employment and job readiness services under the Youth Centers
Initiative for the period September 1, 2025 through August 31, 2027.
(100% Measure X)
25-4550
approved
C.33
.
APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract with Bay Area Legal Aid in
an amount not to exceed $94,700 to implement comprehensive benefits
counseling for the Contra Costa THRIVES Guaranteed Basic Income
Program participants for the period December 1, 2025 through June 30,
2028. (75% Measure X, 25% AB 109)
25-4551
approved
C.34
.
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to
pay stipends in an amount not to exceed $150 per Resource Family or
birth parent for the successful completion of child welfare trainings as
approved by the Employment and Human Services Department for a
total combined payment amount not to exceed $25,000 for the period
July 1, 2025 through June 30, 2027. (75% Federal, 17.5% State, 7.5%
County)
25-4552
approved
C.35
.
APPROVE and AUTHORIZE the Purchasing Agent or designee to
execute on behalf of the Employment and Human Services Director a
purchase order with SolarWinds Worldwide, LLC in an amount not to
25-4553
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
exceed $1,761 for the purchase of SolarWinds Observability
Subscription, which provides log management and analysis capability,
subject to the terms of Solar Winds’ End User License Agreement, for
the period November 30, 2025, through November 29, 2028. (54%
Federal, 38% State, 8% County)
approved
C.36
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Employment and Human Services Director, a
purchase order with TransUnion Risk and Alternative Data Solutions,
Inc., subject to TransUnion’s Subscriber Agreement Additional Terms
and Conditions, for the purchase of TransUnion’s TRADS services, in
an amount not to exceed $8,820, for the period October 1, 2025 through
September 30, 2028. (54% Federal, 38% State, 8% County)
25-4554
approved
Health Services
C.37
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Soda Health, Inc., in an amount not to exceed
$2,100,000 to provide a hosted software solution for a Medicare and
Medicaid supplemental benefits program for the distribution and
management of restricted debit cards to Contra Costa Health Plan
beneficiaries for the period November 4, 2025 through November 3,
2028, and for successive one (1) year terms thereafter until terminated .
(100% Costa Health Plan Enterprise Fund II)
25-4555
approved
C.38
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Health Services Director, a purchase order with
Sysco San Francisco, Inc. in an amount not to exceed $1,000,000 for the
purchase of food, paper products, kitchen supplies and other food service
production items for nutrition services at Contra Costa Regional Medical
Center for the period November 1, 2025 through October 31, 2028.
(100% Hospital Enterprise Fund I)
25-4556
approved
C.39
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Roche Diagnostics Corporation,
to provide additional products, reagents and supplies for the Cobas 5800
laboratory analyzer used for patient specimen testing at Contra Costa
Regional Medical Center with no change in the payment limit of
$2,577,300 or term ending February 9, 2030. (100% Hospital Enterprise
Fund I)
25-4557
approved
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BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
C.40
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
purchase on behalf of the Health Services Director, 2,000 Target gift
cards for a total amount not to exceed $50,000 to serve as incentives for
patients with a specific focus on well care visits, immunization in
children, reducing disparity in African American population, cancer
screening, and perinatal services. (100% Hospital Enterprise Fund I)
25-4558
approved
C.41
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Isaac Burns, LMFT, to increase
the payment limit by $80,000 to an amount not to exceed $280,000 to
provide additional Medi-Cal specialty mental health services to
beneficiaries in East County ages 7 years and older with no change in the
term ending June 30, 2026. (30% Federal Medi-Cal; 30% State Mental
Health Realignment; 40% Contra Costa Health Plan Enterprise Fund II)
25-4559
approved
C.42
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with AMN Healthcare Locum Tenens, Inc ., in an
amount not to exceed $10,000,000 to provide temporary locum tenens
physician services at Contra Costa Regional Medical and Health Centers
for the period November 1, 2025 through October 31, 2027. (100%
Hospital Enterprise Fund I)
25-4560
approved
C.43
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Medline Industries, LP, to include
reprocessing services for end-to-end distribution services at Contra
Costa Regional Medical Center and Health Centers with no change in
the payment limit of $4,566,950 or term ending January 31, 2029. (100%
Hospital Enterprise Fund I)
25-4561
approved
C.44
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with La Clinica De La Raza, Inc., in an amount not
to exceed $5,000,000 to provide primary care physician services,
optometry and other medical services for Contra Costa Health Plan
members and County recipients for the period July 1, 2025 through June
30, 2026. (100% Contra Costa Health Plan Enterprise Fund II)
25-4562
approved
C.45
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Sycamore Healthcare Associates (dba Legacy
Post Acute Center), in an amount not to exceed $16,000,000 to provide
skilled nursing facility services for Contra Costa Health Plan Members
and County recipients for the period September 1, 2025 through August
31, 2027. (100% Contra Costa Health Plan Enterprise Fund II)
25-4563
Page 14 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
approved
C.46
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Child Abuse Prevention Council of Contra
Costa County, in an amount not to exceed $212,041 to provide Mental
Health Services Act (MHSA) Prevention and Early Intervention (PEI)
services for the period July 1, 2025 through June 30, 2026. (76% Mental
Health Services Act Prevention and Early Intervention; 24% Mental
Health Student Services Act)
25-4564
approved
C.47
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Health Services Director, a purchase order with
Norix Group, Inc. in an amount not to exceed $2,174 and, ACCEPT the
terms and conditions for the purchase of furniture for the Contra Costa
Regional Medical Center. (100% Hospital Enterprise Fund I)
25-4565
Attachments:Norix Terms and Conditions
approved
C.48
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute, on behalf of the Health Services Director, a purchase order with
Norix Group, Inc. in an amount not to exceed $2,849, and ACCEPT the
terms and conditions for the purchase of platform space-saver beds for
the Contra Costa Regional Medical Center. (100% Hospital Enterprise
Fund I)
25-4566
Attachments:Norix Terms and Conditions
approved
C.49
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Pinnacle SJIR, P .C. (dba Naadi Healthcare
Manteca), in an amount not to exceed $300,000 to provide outpatient
vascular surgery and interventional radiology services for Contra Costa
Health Plan members and County recipients for the period October 1,
2025 through September 30, 2028. (100% Contra Costa Health Plan
Enterprise Fund II)
25-4567
approved
C.50
.
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to
pay mPulse Mobile, Inc., an amount not to exceed $98,000 for providing
a provider directory Application Programming Interface to Contra Costa
Behavioral Health for the period December 23, 2024 through October 7,
2025, as recommended by the Health Services Director. (100% Mental
Health Realignment)
25-4568
approved
C.51
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Dayana Carcamo-Molina MD Inc., in the
25-4569
Page 15 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
amount not to exceed $2,300,000 to provide specialty gastroenterology
medical services to patients at Contra Costa Regional Medical Center
and Health Centers for the period August 1, 2025 through July 31, 2028.
(100% Hospital Enterprise Fund I)
approved
C.52
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to apply for a grant and execute any necessary documents with the
California Department of Resources Recycling and Recovery, to pay the
County an amount not to exceed $500,000 to perform enforcement,
compliance and surveillance activities for the Environmental Health
Waste Tire Enforcement Program for the period June 30, 2026 through
September 30, 2027. (No County match)
25-4570
approved
C.53
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Relias LLC, in an amount not to exceed
$173,192 to provide behavioral health training software, support and
maintenance services for Contra Costa Health's Behavioral Health
Services Division for the period July 1, 2025 through June 30, 2027.
(100% Mental Health Services Act)
25-4571
approved
C.54
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Robert Buckley, M.D., in an amount not to
exceed $750,000 to provide orthopedic services at Contra Costa
Regional Medical Center and Health Centers for the period November 9,
2025 through November 8, 2028. (100% Hospital Enterprise Fund I)
25-4572
approved
C.55
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with American Red Cross, to provide
additional total blood and blood component products and associated
services for patients at the Contra Costa Regional Medical Center and
Health Centers with no change in the payment limit of $2,000,000 or
term ending June 30, 2027. (100% Hospital Enterprise Fund I)
25-4573
approved
C.56
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Peter A. Castillo, M.D., Inc., to
provide additional urogynecology services at Contra Costa Regional
Medical Center and Health Centers with no change in the payment limit
of $600,000 or term ending November 30, 2026. (100% Hospital
Enterprise Fund I)
25-4574
approved
Page 16 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
C.57
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Hill-Rom Company, Inc., to
increase the payment limit by $160,000 to an amount not to exceed
$351,884 for additional preventative maintenance and repair services for
specialty beds at Contra Costa Regional Medical Center with no change
in the term ending January 31, 2027. (100% Hospital Enterprise Fund I)
25-4575
approved
C.58
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Deann Lott, LCSW, to provide
specialized care to beneficiaries who are dually eligible for Medicare and
Medi-Cal under the Dual Eligible Special Needs Plan (D-SNP) and offer
care coordination and wrap-around services with no change in the
payment limit of $300,000 or term ending July 31, 2026. (100% Contra
Costa Health Plan Enterprise Fund II)
25-4576
approved
C.59
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Tampico Healthcare Center, LLC,
to provide specialized care to beneficiaries who are dually eligible for
Medicare and Medi-Cal under the Dual Eligible Special Needs Plan
(D-SNP) and offer care coordination and wrap-around services with no
change in the payment limit of $16,000,000 or term ending December
31, 2026. (100% Contra Costa Health Plan Enterprise Fund II)
25-4577
approved
C.60
.
RATIFY the September 24, 2024 execution of an Agreement with
Mitratech Trakstar, Inc., and APPROVE and AUTHORIZE the
Purchasing Agent, or designee, to execute an amendment with Mitratech
Trakstar, Inc., in an amount not to exceed $68,750 for a hosted
emergency medical technician and paramedic licensing software system
for the period November 15, 2024 through November 14, 2027. (100%
Measure H Funding)
25-4578
approved
C.61
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with The Regents of the University of California,
on behalf of the University of California, San Francisco, in an amount
not to exceed $600,000 to provide neonatology administrative and
on-call services at Contra Costa Regional Medical Center and Health
Centers for the period November 1, 2025 through October 31, 2028.
(100% Hospital Enterprise Fund I)
25-4579
approved
C.62
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with the City of Martinez, to pay County an amount
not to exceed $55,000 to provide homeless outreach services under the
25-4580
Page 17 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
Coordinated Outreach, Referral and Engagement Program for the City of
Martinez for the period July 1, 2025 through June 30, 2026. (No County
match)
approved
C.63
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute an amendment with Contra Costa County Fire Protection
District, to extend the term end date from December 31, 2025 to
December 31, 2027 for continuation of emergency ambulance services in
Emergency Response Areas (ERA) I, II and V. (No rate change)
25-4581
approved
C.64
.
CONTINUE the emergency action originally taken by the Board of
Supervisors on November 16, 1999, and most recently approved by the
Board on September 9, 2025 regarding the issue of homelessness in
Contra Costa County, as recommended by the Health Services Director.
(No fiscal impact)
25-4582
approved
C.65
.
RATIFY the execution of a contract amendment with Public Health
Foundation Enterprises, Inc. (dba Heluna Health), to increase the amount
payable to the County by $75,965 to an amount not to exceed $222,999
for participation in the California Emerging Infections Program for the
period September 1, 2024 through August 31, 2025, as recommended by
the Health Services Director. (No County match)
25-4584
approved
C.66
.
RATIFY the issuance of 30-day advance written notice to Noel T.D.
Chiu, M.D., A Medical Corporation (dba Diablo Dermatology), to
terminate contractual obligations for the provision of dermatology
services for Contra Costa Health Plan members and County recipients
effective at the end of business on November 9, 2025, as recommended
by the Health Services Director. (100% Contra Costa Health Plan
Enterprise Fund II)
25-4585
approved
Human Resources
C.67
.
ADOPT Position Adjustment Resolution No. 26478 to reallocate the
salary of the Chief Operations Officer - Exempt (VWD1) classification
to a five-step (5-step) salary plan with five percent (5%) increments
between steps at salary plan and grade BL8 2449 ($23,500 - $28,564) in
the Health Services Department. (Cost increase - Hospital Enterprise
Fund I and Contra Costa Health Plan Enterprise Fund II)
25-4634
Attachments:PAR 26478.pdf
Signed PAR 26478
approved
Page 18 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
C.68
.
ADOPT Position Adjustment Resolution No. 26528 to reclassify ten
(10) Eligibility Worker II (X0SA) positions and incumbents to Eligibility
Worker III (X0NA) and correct the merit step placement for six (6)
Eligibility Worker III employees within the Employment and Human
Services Department. (46% Federal, 47% State, and 6% 2011
Realignment, and 1% County)
25-4635
Attachments:Eligibility Worker Corrections 10.21.2025
PAR form for SSPA - EW IE 10.21.2025
Signed PAR 26528
approved
C.69
.
ADOPT Position Adjustment Resolution No. 26520 to add seven
Juvenile Institution Officer I (represented) positions within the Probation
Department. (71% General Fund, 29% Youthful Offender Block Grant)
25-4639
Attachments:PAR 26520_Probation_ADD 7.0 JIOs
Signed C.69 PAR 26520
approved
C.70
.
ADOPT Position Adjustment Resolution No. 26526 to add two
Librarian II (represented) positions to the Library Department. (100%
Library Fund)
25-4636
Attachments:PAR 26526 - Add Two Librarian II positions to Library
Signed PAR 26526
approved
Probation/Reentry and Justice
C.71
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
County Probation Officer, to execute a purchase order with Carahsoft
Technology Corp. in an amount not to exceed $44,000 for the annual
purchase of a Salesforce database subscription and support for Public
Safety Realignment community programs, for the period October 24,
2025 through October 23, 2026. (100% 2011 Public Safety Realignment,
AB 109)
25-4586
approved
Public Defender
C.72
.
RATIFY the Public Defender's execution of a rental agreement with
terms and conditions with Quench USA, Inc.,totaling up to $24,670 for
the period June 28, 2022 through June 28, 2026, and APPROVE and
AUTHORIZE the Purchasing Agent, or designee to execute on behalf of
the Public Defender a purchase order in an amount not to exceed $5,155
for the rental and maintenance of five (5) water dispensing machines for
employee use, for the period June 28, 2025 through June 28, 2026.
(100% General Fund)
25-4631
Page 19 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
approved
C.73
.
APPROVE and AUTHORIZE the Public Defender or designee, to
execute a contract with the Regents of the University of California, to
establish the Larsen Justice Fellowship Agreement with the Office of the
Public Defender for the period August 18, 2025 through August 17,
2026. (No fiscal impact)
25-4632
approved
C.74
.
APPROVE and AUTHORIZE the Public Defender, or designee, to
execute a contract with Bluffton University and Goshen College, to
establish a Master of Social Work Fellowship Program, for the period
August 29, 2025 through August 28, 2027. (No fiscal impact)
25-4633
approved
Public Works
C.75
.
ADOPT Resolution No. 2025-372 accepting a portion of an Offer of
Dedication for Roadway Purposes for subdivision SD69-3888 and
declaring a portion of Morgan Territory as a County Road, for a project
developed by Cal-Land Real Estate, a Partnership, as recommended by
the Public Works Director, Clayton area. (No fiscal impact)
RES
2025-372
Attachments:Recordable Resolution
Exhibit A & B
Resolution No. 2025-372
adopted
C.76
.
ADOPT Resolution No. 2025-373 accepting completion of
improvements for subdivision SD20-09545 and declaring the widening
of Midhill Road as a County Road, for a project developed by Civic
Heritage View, LLC, as recommended by the Public Works Director,
Martinez area. (No fiscal impact)
RES
2025-373
Attachments:Recordable Resolution
Resolution No. 2025-373
adopted
C.77
.
ADOPT Resolution No. 2025-374 approving and authorizing the Public
Works Director, or designee, to fully close a portion of Francisco Way,
from 1923 Francisco Way to 2660 Francisco Way, on November 18,
2025, from 8:30 a.m. through 4:30 p.m., for the purpose of overhead
utility work, Richmond area. (No fiscal impact)
RES
2025-374
adopted
C.78
.
ADOPT Resolution No. 2025-375 ratifying the prior decision of the
Public Works Director, or designee, to fully close a portion of Second
Avenue, between Wanda Street and Pomona Street, on October 12,
2025, from 12:00 p.m. to 5:00 p.m., for the purpose of celebrating the
4th Annual Oktoberfest Festival, Crockett area. (No fiscal impact)
RES
2025-375
Page 20 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
adopted
C.79
.
ADOPT Resolution No. 2025-381 terminating and abandoning an Offer
of Dedication of storm drain easement on 1131 Douglas Court in the
unincorporated portion of the County known as Alamo and
AUTHORIZE the Director of Public Works to execute a quitclaim deed
to release any interest the County may have in the property, as
recommended by the Public Works Director. (100% Applicant Fees)
RES
2025-381
Attachments:Termination of Offer of Dedication
Quitclaim Deed-Storm Drain Easement
Resolution No.2025-381
adopted
C.80
.
ADOPT Resolution No. 2025-376 approving and authorizing the Public
Works Director, or designee, to fully close a portion of Purdue Avenue,
between Beloit Avenue and Kenyon Avenue, on November 13, 2025,
from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility
pole, Kensington area. (No fiscal impact)
RES
2025-376
adopted
C.81
.
ADOPT Resolution No. 2025-377 approving and authorizing the Public
Works Director, or designee, to fully close a portion of Edgecroft Road,
between 81 Edgecroft Road and 27 Edgecroft Road, on November 12,
2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a
utility pole, Kensington area. (No fiscal impact)
RES
2025-377
adopted
C.82
.
ADOPT Resolution No. 2025-378 accepting completion of landscape
improvements for Subdivision Agreement (Right-of-Way Landscaping)
and release of cash deposit for Drainage Improvement Agreement
DA04-00035, for a project being developed by Shapell Homes, as
recommended by the Public Works Director, Danville area. (100%
Developer Fees)
RES
2025-378
adopted
C.83
.
ADOPT Resolution No. 2025-379 accepting as complete, the contracted
work performed by Dowdle & Sons Mechanical, Inc. for the Contra
Costa Regional Medical Center Cooling Tower Replacement Project, as
recommended by the Public Works Director, Martinez area. (No fiscal
impact)
RES
2025-379
Attachments:Recordable Resolution 2023
Resolution No.2025-379
adopted
C.84
.
RESCIND Resolution No. 2025-184 and ADOPT Resolution No.
2025-380 to summarily vacate excess right of way on Miranda Avenue
in the unincorporated portion of the County known as Alamo and
RES
2025-380
Page 21 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
AUTHORIZE the Director of Public Works to execute a quitclaim deed
to release any interest the County may have in the property, as
recommended by the Public Works Director, Alamo area. (100%
Applicant Fees)
Attachments:Quitclaim Deed
Resolution
Resolution No.2025-380
adopted
C.85
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a First Amendment to Temporary License to Use County
Property with The Watershed Project, to allow The Watershed Project to
use a portion of a County-owned parcel located on Kirker Pass Road and
identified as Assessor’s Parcel Number 117-320-001 for the purpose of
conducting monthly water quality monitoring from November 1, 2025,
through October 31, 2026, Concord area. (No fiscal impact)
25-4588
Attachments:Amendment to License Agreement
Temporary License
Notice of Exemption
approved
C.86
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a first amendment to a lease between the County and YES
Nature to Neighborhoods, a California public benefit corporation, for the
County-owned property located at 303 41st Street in Richmond, to
change the commencement date of the lease from September 1, 2025, to
a date that is not later than May 1, 2026, with no other change to the
lease, to accommodate a delay being experienced by the tenant. (No
fiscal impact)
25-4589
Attachments:First Amendment to Lease
approved
C.87
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with VistAbility to increase the
payment limit by $575,000 to a new payment limit of $1,395,000 and
extend the term through October 31, 2027, for packet fulfillment
services, Countywide. (100% User Departments)
25-4590
Attachments:Amendment Specifications
Vistability L9
approved
C.88
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute an amendment to the option agreement between the County
and Eden Housing, Inc. and Community Housing Development
Corporation – North Richmond, under which the optionee may purchase
the County-owned property located at 100 38th Street in Richmond, to
25-4591
Page 22 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
extend the term of the agreement through December 31, 2026 and
increase the quarterly option payment. (100% General Fund)
Attachments:Option Agreement Amendment
approved
C.89
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute, on behalf of the Public Works Director, a blanket purchase
order with Ennis-Flint Inc, in an amount not to exceed $750,000, for
traffic striping and pavement marking materials, for the period of
November 1, 2025, to October 31, 2028, Countywide. (100% Local
Road Funds)
25-4592
approved
C.90
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Public Works Director, a purchase order with
Eagle Business Forms in the amount of $750,000 for miscellaneous
paper products and printing-related items, effective January 1, 2026
through December 31, 2030, Countywide. (100% User Departments)
25-4593
Attachments:Notice of Intent to Award a Contract - Eagle Business Forms -
10.15.2025
approved
C.91
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute, on behalf of the County, a contract amendment with Fire
Facilities, Inc., to increase the payment limit by $6,896 to an amount not
to exceed $401,812, for a sole source patented Law Enforcement
Training Structure for the Contra Costa Office of the Sheriff for use as a
critical incident training structure for the Sheriff and other first
responder agencies at their POST certified Law Enforcement Training
Center at 11990 Marsh Creek Road, Clayton area. (100% General Fund)
25-4594
Attachments:REV Change Order_Clayton_CA_10-7-2025
approved
C.92
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute, on behalf of the Public Works Director, individual purchase
orders with: ELD Experts, LLC and Safe House Corp., each in an
amount not to exceed $3,000,000, to supply Verkada security system
parts and equipment on an as-needed basis, for the period December 1,
2025 through November 31, 2030, Countywide. (100% General Fund)
25-4595
approved
C.93
.
AUTHORIZE the Public Works Director, or designee, to solicit design
build proposals for the Sherman Recovery Center Project located at 2025
Sherman Drive, Pleasant Hill. (92% State Grants, 8% Department Funds
from Health Services Department)
25-4596
approved
Page 23 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
C.94
.
AUTHORIZE the Public Works Director, or designee, to award contract
to Vantis for the Antioch Library Electrical System Upgrades Project
located at 501 W. 18th Street, Antioch. (68% Measure X Funds, 21%
California State Library Building Forward Grant, and 11% Library
Funds).
25-4597
approved
C.95
.
Acting as the governing body of the Contra Costa County Flood Control
and Water Conservation District, APPROVE and AUTHORIZE the
Chief Engineer, or designee, to utilize Flood Control Zone 3B funds to
cover the total estimated cost of $3,282 for the "Giving Natives A
Chance" community event, scheduled for Saturday, December 6, 2025,
at Clayton Valley Drain in Concord. (100% Flood Control Zone 3B
Funds)
25-4598
Attachments:County and Non-County Sponsored Events Participation form
Signed Authorization
approved
C.96
.
Acting as the governing board of the Contra Costa County Flood Control
and Water Conservation District, APPROVE and AUTHORIZE the
conveyance of a Soundwall Maintenance Easement to TH Danville
Camino Ramon LLC across a portion of District’s access road along
APN: 218-880-027 for the purposes of accessing and maintaining a
soundwall to be located at 3020 Fostoria Way, as recommended by the
Chief Engineer, Danville area. (No fiscal impact)
25-4599
Attachments:Grant of Easement-Soundwall Maintenance
approved
Risk Management
C.97
.
DENY claims filed by Gerardo Amezcua; Yvonne Chappelone; Daniel
Favela; Lonny Guy Fisher; Dorothy Griffin; Trinity Leigh-Ann LeClear;
Gervin Gustavo Lopez Escalante; Rachel Mason; Ciriaco Leonardo
Morales; John Muir MC, Concord Campus for Alberta Johnson; Mila
Olds; Aaron Perez & Mariam Balestier; Justin Russo (2); Cielo Randa
Sambas; San Ramon Regional MC for Walter Pucci; Sheri Tachera;
Miguel Taveras; and Kimberly & Robert Young.
25-4601
approved
Sheriff
C.98
.
ADOPT Resolution No. 2025-382 authorizing the Sheriff-Coroner, or
designee, to apply for and accept grant funding in an amount not to
exceed $522,382 from the Department of Parks and Recreation, Division
of Boating and Waterways Financial Aid Program, for marine patrol and
boating regulation enforcement for the period July 1, 2026 through June
30, 2027. (100% State, No County match)
Page 24 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
adopted
C.99
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Sheriff-Coroner, to execute a purchase order with Quest Software, Inc .
in an amount not to exceed $8,824 for software updates and vendor
support services, for the period October 10, 2025 through August 9,
2026. (100% General Fund)
25-4602
approved
C.10
0.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Sheriff-Coroner, a purchase order with Thermo
Electron North America LLC in an amount not to exceed $18,052 for
maintenance, repairs, and an extended warranty for the Infrared
Spectrometer device used to examine evidence in the forensics division,
for the period November 3, 2025 through November 2, 2028. (100%
General Fund)
25-4603
approved
Page 25 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402.
Any disclosable public records related to an open session item on a regular meeting agenda and
distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than
96 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor,
Martinez, CA 94553, during normal business hours.
All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be
enacted by one motion. There will be no separate discussion of these items unless requested by a
member of the Board before the Board votes on the motion to adopt. Each member of the public will be
allowed two minutes to comment on the entire consent agenda .
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls
for public testimony. Each speaker during public testimony will be limited to two minutes. After public
testimony, the hearing is closed and the matter is subject to discussion and action by the Board .
Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors
can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar
Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us.
In the interest of facilitating the business of the Board, the total amount of time that a member of the
public may use in addressing the Board on all agenda items is 10 minutes.
Time limits for public speakers may be adjusted at the discretion of the Chair .
The County will provide reasonable accommodations for persons with disabilities planning to attend
Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925)
655-2000.
Anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda may
contact the Office of the County Administrator or Office of the Clerk of the Board, 1025 Escobar Street,
Martinez, California.
Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925)
655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where
agendas and supporting information may also be viewed: https://contra-costa.legistar.com/Calendar.aspx
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code section 84308 (the Levine Act), members of the Board of Supervisors are
disqualified and not able to participate in any agenda item involving contracts (except for contracts
exempt from the Levine Act under Government Code section 84308(a)), franchises, discretionary land
use permits and other entitlements, if the Board member received, within the previous 12 months, more
than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or
contractor, or any financially interested participant who actively supports or opposes the County’s
Page 26 of 27
BOARD OF SUPERVISORS Meeting Minutes November 4, 2025
decision on the agenda item. Members of the Board of Supervisors who have received, and applicants,
contractors or their agents who have made, campaign contributions totaling more than $500 to a Board
member within the previous 12 months are required to disclose that fact for the official record of the
subject proceeding. Disclosures must include the amount of the campaign contribution and identify the
recipient Board member, and may be made either in writing to the Clerk of the Board of Supervisors
before the subject hearing or by verbal disclosure at the time of the hearing .
BOARD OF SUPERVISORS STANDING COMMITTEES
For more information please visit the Board of Supervisors Standing Committees page here :
https://www.contracosta.ca.gov/8633/Board-of-Supervisors-Standing-Committees
Airport Committee: December 18, 2025 at 10:00 a.m.
Economic Development Committee: December 1, 2025 at 10:30 a.m.
Equity Committee: November 17, 2025 at 10:30 a.m.
Family and Human Services Committee: November 10, 2025 at 10:30 a.m.
Finance Committee: December 1, 2025 at 9:30 a.m.
Head Start Advisory Committee: November 17, 2025 at 9:00 a.m.
Internal Operations Committee: November 24, 2025 at 10:30 a.m.
Legislation Committee: November 24, 2025 Canceled
Los Medanos Healthcare Operations Committee:December 1, 2025 at 10:00 a.m.
Public Protection Committee: November 17, 2025 at 1:30 p.m.
Resilient Shoreline Committee: November 10, 2025 at 9:00 a.m.
Sustainability Committee: November 10, 2025 at 1:00 p.m.
Transportation, Water and Infrastructure Committee : November 24, 2025 at 1:00 p.m.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
Glossary of Acronyms, Abbreviations, and other Terms
Contra Costa County has a policy of making limited use of acronyms, abbreviations, and
industry-specific language in its Board of Supervisors meetings and written materials. For a list of
commonly used language that may appear in oral presentations and written materials associated with
Board meetings, please visit https://www.contracosta.ca.gov/8464/Glossary-of-Agenda-Acronyms.
Page 27 of 27
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4739 Name:
Status:Type:Consent Item Agenda Ready
File created:In control:11/10/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025
Title:PR.1 Presentation PowerPoint
Attachments:1. State Legislative Update - Contra Costa BoS
Action ByDate Action ResultVer.Tally
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:PR.1 Presentation
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
PowerPoint Presentation
FISCAL IMPACT:
None
BACKGROUND:
See attachment
CONSEQUENCE OF NEGATIVE ACTION:
None
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2
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File #:25-4739,Version:1
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State Legislative Update
Contra Costa Board of Supervisors
STATE SENATOR JESSE ARREGUÍN
NOVEMBER 4, 2025
Supporting West Contra Costa
Advancing Public Safety
◦CalVIP funding to support local violence prevention programs
◦$2.1M in state grants to support fuel reduction projects in partnership with the
East Bay Regional Parks District
Creating Local Parks
◦Continuing the work to create Point Molate Park in Richmond
◦$7.9M in state grants for creation of McNeil Park in San Pablo
Increasing Presence and Accessibility
◦Opened Richmond District Office, first Senate office in West Contra Costa since
the 1990s
Immigration
Legislation
◦SB 81: Creates nonpublic areas in healthcare facilities that cannot be
accessed without a valid judicial warrant; includes immigration status
as part of a patient’s private medical record
◦SJR 8: Renewing Immigration Provisions of the Immigration Act of
1929
◦SJR 9: Denouncing Trump Administration’s immigration raids
New Protections and Resources
◦Prohibition on immigration enforcement at schools without a valid
judicial warrant, notification of incidents to school community
◦$25M for DOJ lawsuits and $25M for immigration legal aid
◦Promotion of Know Your Rights campaign
Public Safety
Legislation
◦SB 524: Requires disclosures if AI is used in police reports
◦SB 627: “No Secret Police Act” –prohibits certain law enforcement
from concealing identity with masks during operations
◦SB 704: Regulations on firearm barrels used in ghost guns
Implementation of Prop 36
◦$100M allocated, including $50M for behavioral health and $50M
for court costs, pre-trial, and public defenders.
◦Priority to address substance abuse and behavioral health
Regional Supplemental Support from CHP
◦Crime suppression units to respond to hotspots to deter and disrupt
organized crime, support for local law enforcement
Health and Human Services
Legislation
◦SB 617: Updates to WARN Act –resources for workers impacted
by mass layoffs
◦SB 792: Clarifies qualification for childcare programs
◦SJR 3: Calls on Congress to prevent cuts to SNAP
Addressing Food Insecurity
◦Hosted hearing to discuss scope of food insecurity and solutions
to address it
Transportation
Legislation
◦SB 63: Places a regional revenue generating ballot measure to fund
Bay Area transit agencies
◦SB 105: Trailer bill to create a path forward on state short -term
financial assistance
State Infrastructure Investments
◦$1B annually through 2045 for high speed rail
◦Securing transportation funding through cap-and-invest program
◦$37M budgeted for multimodal projects across District 7
◦Installation of over 200,000 public EV chargers
Climate and Environment
Wildfire Response and Mitigation
◦$1.5B from Prop 4 and $4B from cap-and-invest to support wildfire
risk reduction and mitigation
◦$2.5B in immediate relief and recovery for the LA Fires
◦Golden State Commitment: Package of bills to address wildfire
response, recovery, safety, and mitigation
Extension of Cap-and-Invest
◦Through 2045, program will provide $63B in reductions to utility bills,
and $60-$90B for infrastructure investments including affordable
housing, transportation, and water
Housing and Homelessness
Legislation
◦SB 9: Promotes development of Accessory Dwelling Units
◦SB 489: Improvements to the Permit Streamlining Act
◦SB 786: Resolves ambiguities in Housing Element law
Prop 1 Implementation
◦$6.4B for behavioral health and homeless services
◦$21M for development of treatment facility in Oakland to open in
spring 2027
Contact Us
District Offices:
◦Oakland:
1515 Clay St, Suite #2202
510-286-1333
◦Richmond:
440 Civic Center Plaza, 2nd Floor
510-233-2903
Capitol Office:
1021 O St, Suite #6710, Sacramento
916-651-4007
Website: sd07.senate.ca.gov
Email: senator.arreguin@senate.ca.gov
Social Media
◦X (formerly Twitter): @JesseArreguin
◦Instagram: @SenatorArreguin
◦Bluesky: @jessearreguin.bsky.social
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
385
Name:
Status:Type:Discussion and Resolution Passed
File created:In control:9/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:HEARING to consider adoption of Resolution No. 2025-385, amending the Department of Agriculture,
and Weights and Measures fee schedule, effective December 1, 2025. (Matt Slattengren, Agriculture
Commissioner/Weights and Measures Director)
Attachments:1. FeeSchedule, 2. DeptCostAnalysis 2025
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass 4:0
To: Board of Supervisors
From:Matt Slattengren, Ag Commissioner/Weights & Measures Director
Report Title:HEARING to consider adoption of Resolution No. 2025-, amending the Department of
Agriculture, and Weights and Measures fee schedule, effective December 1, 2025. (Matt Slattengren,
Agriculture Commissioner/Weights and Measures Director)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.OPEN the public hearing to consider adoption of a resolution, amending the Department of Agriculture,
and Weights and Measures fee schedule; RECEIVE testimony; and CLOSE the public hearing.
2.ADOPT the resolution.
FISCAL IMPACT:
The increase in the hourly rate and the increase in various departmental fees should increase revenue by
approximately $30,000 annually to help offset increasing costs.
BACKGROUND:
Since 2022, the Department’s cost of providing services has increased as has the cost of some of the materials
used in programs. The Agricultural Commissioner has evaluated the current fees and determined an increase in
certain fees is necessary to cover the costs of the services provided by the Department. The Department is
increasing its hourly rate to be closer to the actual rate. The hourly rate has not increased in over 3 years. The
Department had not charged for services for issuing businesses a Certificate of Quarantine Compliance (CQC)
for shipping plants out of the state for several years. The Department will begin charging for CQCs to cover its
costs. The Department will also increase the fees for Farmers Market registrations and Certified Producers
Certificates to cover some of the increased costs in the program. The Department will increase other fees as set
forth in the proposed fee schedule.
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File #:RES 2025-385,Version:1
The Agriculture Department recommends amending its fee schedule to cover the increased costs of providing
services and selling items, as set forth in the attached fee schedule. The fees in the proposed fee schedule do not
exceed the amount allowable by statute or the cost incurred by the County to provide the service, sell the item,
or enforce the regulation.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to adopt this new fee schedule will result in a loss of revenue to the Department.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF Adopting an agricultural fee schedule.
WHEREAS, the Food and Agriculture Code authorizes a county to charge fees for providing certain services;
WHEREAS, the Agriculture Department has conducted a fee study and determined that in order to recover the
reasonable costs of services it provides, it is necessary and appropriate to charge and collect the fees set forth
herein;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows:
1. Authority. This resolution is enacted pursuant to the following statutes: Food and Agriculture Code sections
5202, 5204, 5852, 6027.5, 6303, 11732, 11734, 11923, 12034, 15204, 15204.5, and 47020; Labor Code section
1695; and California Code of Regulations Title 3 section 4603.
2. Notice and Hearing. This resolution was adopted pursuant to the procedures set forth in Government Code
section 66018. The required notice has been given and a hearing has been held.
3. Fee Adoption. On and after the effective date of this resolution, the fees set forth in the Contra Costa
County Department of Agriculture, Schedule of Fees and Charges 2025 (attached hereto as Attachment A and
incorporated herein) are adopted and shall be charged and collected.
4. Severability. If any fee or provision of this resolution is held invalid or unenforceable by a court of
competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or
provisions, and the Board declares that it would have adopted each fee or provision of this resolution
irrespective of the validity of any other fee or provision of this resolution.
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File #:RES 2025-385,Version:1
5. Supersede. This resolution supersedes all ordinances, resolutions, and other actions of the Board of
Supervisors that established fees for the services specified in this resolution.
6. Effective Date. This resolution becomes effective immediately upon adoption.
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Contra Costa County Department of Agriculture Fee Survey for
Proposal for Departmental Fees (Resolution)
Charges:
Listed below are our proposed fees based upon our costs and the charges as permitted by the
law.
Ground Squirrel Bait
Diphacinone .01% 50 pounds $100.00 / 50 lbs
Diphacinone .005% 50 pounds $90.00 / 50 lbs
Diphacinone .005% 10 pounds $29.00 / 10 lbs
Placebo $35.00 / 50 lbs
Gas Cartridges $4.25 each
Bait Stations $35.00 each
Ground Squirrel Bait AB Surcharge
Surcharge Diphacinone .01% 50 lbs $25.00 / 50 lbs
Surcharge Diphacinone .005% 50 lbs $25.00 / 50 lbs
Surcharge Diphacinone .005% 10 lbs $5.00 / 10 lbs
Surcharge Smoke Cartridges $0.16 each
Pest Control Registration
Farm Labor Contractor $25.00 annually
Maintenance Gardener $25.00 annually
Pest Control Advisor (In County) $10.00 annually
Pest Control Advisor (Out of County) $5.00 annually
Pest Control Pilot (In County) $10.00 annually
Pest Control Pilot (Out of County) $5.00 annually
Agricultural Pest Control Business $50.00 annually
Structural Pest Control Business $10.00 annually
Structural Fumigation Business $25.00 annually
Phytosanitary Certificates
Hourly Rate $90 per Hour
Mileage Current IRS Mileage Rate
Extra Inspections Time $90 per Hour
Extra Inspections Mileage Current IRS Mileage Rate
PQ Field Walks Time $70 per Hour
PQ Field Walks Mileage Current IRS Mileage Rate
Certificate of Quarantine Compliance
Hourly Rate $90 per Hour
Mileage Current IRS Mileage Rate
Fee waved if they bring the commodity to be certified to the office
Sealed Trucks
Hourly Rate $90 per Hour
Mileage Current IRS Mileage Rate
Farmers Markets
Market Registration and Inspection 1 ‐ 10 Certificates $100.00 annually
Market Registration and Inspection 11‐20 Certificates $250.00 annually
Market Registration and Inspection 21 or more Certificates $400.00 annually
Certified Producer’s Certificate $60.00 each
Other
CONTRA COSTA COUNTY DEPARTMENT OF AGRICULTURE
FEE SURVEY
Estimated revenue from increased fee:
The Contra Costa County Department of Agriculture will receive an annual increase of about
$35,000 from these fees totaling about $85,000 in funding. Most of the increase is due to
reinstating the cost of conducting Certificate of Quarantine Compliance Certificates followed by
the increased cost of supplies used and sold. The average hourly wage of an Inspector used in
the calculations is $90 an hour.
Cost per Transaction:
Each transaction takes about 5 minutes clerical time to process at an average of $57.65 / Hour,
totaling $4.80 per transaction which was added to all of the costs.
Hourly Rate:
The Average Productive hourly rate for employees performing this work, including benefits, is
$94.18. We plan to charge $90.00 an hour for the hourly rate on all programs that we have the
authority and need to charge by time.
Apiary Registration:
The Apiary registration is now collected by CDFA and is being removed.
Certificate of Quarantine Compliance (CQC):
We used to charge for CQC work, but it was removed from the fee schedule in an attempt to
switch over to State Phytosanitary Certificates around 2015. We were never able to fully move
over to State Phytosanitary Certificates and recently our time issuing CQCs has gone up
dramatically. The workload is causing a strain on resources, and we need to recoup some of the
cost of this work.
Farmers Markets Inspections:
The Agriculture Department spends about 400 hours per year inspecting approximately 22
Farmers Markets and issues approximately 50 Certified Producers Certificates inspecting their
growing grounds annually. It takes an average of 30 minutes to review and process a Farmer’s
Market Application. It takes an average of 15 minutes per producer’s certificate plus 15 minutes
to review the inspection with the market manager and about one (1) hour travel time to
complete an inspection at the market. Most of the markets are on the weekend requiring
overtime. The time spent issuing a Farmers Market Certificate takes on average 30 minutes,
plus inspecting the growing grounds which takes about one (1) hour. At the new fee level the
department will charge approximately $4,500, plus the department receives up to $13,923 from
a contract with CDFA for inspections, incurring a cost of over $42,000 for inspection time and
certification time. We feel the lower fees will not impact industry and allow us to continue to
provide an essential service to this industry.
Frequency of inspection: 1‐2 times per year
Average Time to complete inspection 1‐10 Certificates:
Average of 7 Certificates 3 Hours
Total Cost of inspection: $270
Average Time to complete 1 inspection 11‐20 Certificates:
Average of 16 Certificates 5.25 Hours
Total Cost of inspection: $472.50
Average Time to complete 1 inspection 21+ Certificates:
Average of 26 Certificates 7.75 Hours
Total Cost of inspection: $697.50
Average Time to issue Farmers Market Certificate and
inspect growing grounds: 1.5 Hours
Total Cost of inspection: $135.00
Ground Squirrel Control:
The Agriculture Department spends about 1,304 hours a year on the Ground Squirrel control
program. We purchase bait for sale in the offices. The bait is purchased 2 tons at a time, we
pick it up and need to break it down and unload the bait taking about 3 hours. We need to
verify the people buying the bait are licensed and qualified to use the bait. We also need to go
over the use of the bait with them to make sure it is used according to the label and the law.
We also need to load the bait for the customer. This takes on average 15 minutes per sale. Bait
Stations are made by Weed and Vertebrate Pest Control Specialists who have a lower hourly
rate than licensed inspectors at $27.32 per hour.
The surcharge for the bait is set by FAC 6027.5.
Diphacinone .01% 50 Pounds Purchase Cost $83.29
Labor, Eligibility Verification, training .12 Hours
Total Cost $100.60
Diphacinone .005% 50 pounds Purchase Cost $76.50
Labor, Eligibility Verification, training .12 Hours
Total Cost $92.10
Diphacinone .005% 10 pounds Purchase Cost $13.80
Labor, Eligibility Verification, training .12 Hours
Total Cost $29.4
Placebo Purchase Cost $20.71
Labor, Eligibility Verification, training .12 Hours
Total Cost $36.31
Gas Cartridges Purchase Cost (each) $3.55
Labor, Eligibility Verification, training .01 Hours
Total Cost $4.45
Bait Stations Materials $18.73
Labor: Manufacturing @ 27.32/Hour .16 Hours
Labor: Transportation, Eligibility Verification, training .08 Hours
Total Cost $35.10
Pest Control Registration:
The Agriculture Department spends about 9,142 hours a year on the Pesticide Regulation
program. About 1,182 hours of that are for Pest Control Business registration and headquarters
inspections.
Pest Control Operator Registration
Average Time to Verify License and process: .75 Hours
Total Cost of registration: $72.30
Maintenance Gardener Registration
Average Time to Verify License and process: .75 Hours
Total Cost of registration: $72.30
Structural Pest Control Business Registration
Average Time to Verify License and process: .5 Hours
Total Cost of registration: $49.80
Structural Fumigation Pest Control Business Registration
Average Time to Verify License and process: .5 Hours
Total Cost of registration: $49.80
Pest Control Advisor Registration
Average Time to Verify License and process: .25 Hours
Total Cost of registration: $27.30
Pest Control Pilot Registration
Average Time to Verify License and process: .25 Hours
Total Cost of registration: $27.30
Farm Labor Contractor Registration
Average Time to Verify License and process: .5 Hours
Total Cost of registration: $49.80
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
386
Name:
Status:Type:Discussion and Resolution Passed
File created:In control:10/29/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:CONSIDER adopting Resolution No. 2025-386 proclaiming a local emergency caused by the
disruption of funding for CalFresh food assistance benefits, including the activation of County disaster
service workers; ALLOCATE up to $21,000,000 from the General Fund from the following sources and
in the following order to purchase debit cards for distribution to CalFresh eligible households for the
month of November 2025; DIRECT the County Administrator, or designee to prepare a Budget
Amendment to effectuate the final allocation decision of the Board of Supervisors; AUTHORIZE the
distribution of debit cards to November CalFresh Eligible Households and authorize the Employment
and Human Services Director to execute a related contract amendment; DIRECT the Employment
and Human Services Director to report to the Board of Supervisors, within 60 days, on the need for
continuing the local emergency; and PROVIDE additional direction to staff on steps to mitigate the
disruption of funding for CalFresh food assistance benefits. (Marla Stuart, Employment and Human
Services Director)
Attachments:1. Staff Report w/ Footnotes (PDF), 2. Resolution No. 2025-386, 3. CalFresh Shutdown Impacts
PowerPoint, 4. Resolution No. 2025-386_Signed, 5. Correspondence Rec
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass 5:0
To: Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Plan to Respond to Impacts of the Federal Shutdown related to CalFresh
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.ADOPT a resolution proclaiming a local emergency caused by the disruption of funding for CalFresh
food assistance benefits, including the activation of County disaster service workers.
2.ALLOCATE up to $21,000,000 from the General Fund from the following sources and in the following
order to purchase debit cards for distribution to CalFresh eligible households for the month of
November 2025 and DIRECT the County Administrator, or designee to prepare a Budget Amendment to
effectuate the final allocation decision of the Board of Supervisors:
a.$8,181,373. General Fund Unassigned Fund Balance.This is the amount of COVID-19 FEMA
reimbursement revenue that was received by the County after the FY25-26 Budget Adoption and
is currently not appropriated in FY25-26. (4/5 Vote Required)
b.$9,729,868. Appropriation for Contingencies.This is the amount of COVID-19 FEMA
reimbursement that was deposited into the Appropriation for Contingencies during the FY25-26
Budget Adoption. (4/5 Vote Required)
c.$3,088,759. Appropriation for Contingencies.(4/5 Vote Required)
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File #:RES 2025-386,Version:1
3.AUTHORIZE the distribution of debit cards to November CalFresh Eligible Households and authorize
the Employment and Human Services Director to execute a related contract or contract amendment.
4.DIRECT the Employment and Human Services Director to report to the Board of Supervisors, within 60
days, on the need for continuing the local emergency.
5.PROVIDE additional direction to staff on steps to mitigate the disruption of funding for CalFresh food
assistance benefits.
FISCAL IMPACT:
Up to $21,000,000. 100% County General Fund.
BACKGROUND:
SNAP is a 100% federally funded benefit for households with incomes below 100% of the Federal Poverty
Level (FPL). Benefit amounts are based on income and household size. In California, SNAP is called CalFresh.
In September, 65,318 Contra Costa County households with 107,020 individuals received CalFresh for a total
benefit issuance of $21,089,996.
In past government shutdowns, the State of California has temporarily covered the federal costs of SNAP
benefits and been reimbursed upon approval of the federal budget. This time, the federal government has
prohibited states from funding the SNAP benefit amount. California has taken several steps to limit the impact,
including:
1) advancing $80 million in FY 25/26 CalFood allocations to food banks, including $2.2 million to the
Food Bank of Contra Costa and Solano;
2) authorizing California Volunteers and National Guard to provide people power and logistical support
for food banks;
3) opening the California Department of Social Servies (CDSS) Department Operations Center (DOC)
to provide coordination and support to counties and other partners; and
4) joining 19 other states in filing a Complaint for Declaratory and Injunctive Relief in the District of
Massachusetts (Case 1:25-cv-13165).
The Employment and Human Services Department has devised a plan to continue to provide CalFresh benefits.
See attached “Staff Report w/ Footnotes” for additional information.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not be able to provide CalFresh benefits during the government shutdown.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4626 Name:
Status:Type:Discussion Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:HEARING to consider adopting Ordinance No. 2025-19, adopting the 2025 California Building
Standards Codes, with changes, additions, and deletions, as recommended by the Conservation and
Development Director. (Jason Crapo, Conservation and Development Department)
Attachments:1. Ordinance No. 2025-19 Adoption of 2025 Building Code, 2. Findings - Ord. No. 2025-19
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Public Hearing to consider Ordinance No. 2025-19, adopting the 2025 California Building Standard Codes
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.OPEN the public hearing on Ordinance No. 2025-19, RECEIVE testimony, and CLOSE the public
hearing.
2.ADOPT Ordinance No. 2025-19, adopting the 2025 California Building Code, the 2025 California
Residential Code, the 2025 Electrical Code, the 2025 Mechanical Code, the 2025 Plumbing Code, the
2025 Energy Code, the 2025 Historical Building Code, the 2025 Existing Building Code, and the 2025
California Green Building Standards Code with changes, additions, and deletions.
3.ADOPT the attached findings in support of the County’s changes, additions, and deletions to the
statewide codes.
4.DIRECT the publication of the ordinance summary prepared by County Counsel and DIRECT the Clerk
of the Board of Supervisors to post a certified copy of the full text of the adopted ordinance in the office
of the Clerk of the Board, in accordance with Government Code section 25124(b).
5.DIRECT the Department of Conservation and Development, pursuant to Health and Safety Code
section 17958.7, to send a certified copy of Ordinance No. 2025-19, the attached findings, and this
Board Order to the California Department of Housing and Community Development and to the
California Building Standards Commission.
6.FIND that adoption of the ordinance is exempt from the California Environmental Quality Act pursuant
to CEQA Guidelines section 15061(b)(3).
7.DIRECT staff to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
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File #:25-4626,Version:1
None
BACKGROUND:
The California Building Standards Commission has adopted the 2025 California Building Standards Code
(CBSC), replacing the 2022 CBSC. The CBSC includes the California Building, Residential, Electrical,
Mechanical, Plumbing, Energy, Historical Building, and Existing Building and Green Building Standards
Codes. These statewide codes will be effective January 1, 2026. The Department of Conservation and
Development is responsible for enforcing the CBSC within the unincorporated area of Contra Costa County.
Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local
jurisdiction to modify or change these codes and establish more restrictive building standards if the local
jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic,
geological, topographical, or environmental conditions. The attached proposed ordinance would adopt the
statewide codes and amend them to address local conditions.
Recent changes to State law have placed additional restrictions on the authority of local jurisdictions to amend
the CBSC as it relates to the construction of new residential housing units. State budget legislation (Assembly
Bill 130) adopted at the end of June 2025, includes changes to the Health and Safety Code that limit the
authority of local jurisdictions to adopt building code amendments related to the construction of new housing,
except through several narrowly defined exceptions. These exceptions include amendments that are the same
or substantially equivalent to amendments already adopted by the local jurisdiction and in effect as of
September 30, 2025, and amendments that relate to home hardening for protection against fire risks. These
changes to local authority will remain in effect from October 1, 2025, until June 1, 2031. Accordingly, the
County may continue its current code amendments into the new code cycle, but is restricted in its authority to
adopt new code amendments to the 2025 CBSC that would affect residential construction. Local jurisdictions
retain broader discretion to adopt code amendments related to non-residential construction, subject to making
the required findings.
The proposed Ordinance No. 2025-19 amends the statewide codes due to local climatic, geographical,
topographical, and environmental conditions. These conditions are described in the attached Findings. The
following are the substantive changes to the 2025 California Building Standards Code:
Modifications to the 2025 California Building Code
·Require the installation of a hard-wired smoke detector in existing flat roof buildings when a
pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not
removed.
·Require more reinforcing in some building foundations to better withstand seismic forces found
in this region of California.
Modifications to the 2025 California Residential Code
·Prohibit the use of gypsum wallboard as seismic bracing.
·Restrict the use of Portland Cement Plaster as seismic bracing to single-story one- and two-
family dwellings and accessory structures.
Modifications to the 2025 California Green Building Standards Code
·Require that at least 10 percent of the total number of parking spaces for new multi-family
residential and new non-residential developments be equipped with fully operational electric vehicle
charging equipment. This is consistent with the County’s existing code amendments for electric
vehicle charging. Although statewide code requirements for electric vehicle charging have
increased in the 2025 code cycle, the County’s existing local code amendments are still necessary to
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ensure that current standards for electric vehicle charging are maintained.
·Apply construction waste management requirements in the statewide code to certain projects for
existing residential buildings, including:
o Projects that increase the total combined conditioned and unconditioned building area by
5,000 square feet or more.
o Projects that impact 5,000 square feet or more of the total combined conditioned and
unconditioned building area.
o Demolition projects when a demolition permit is required, except demolition projects
that are necessary to abate a public nuisance.
Delete the exception from construction waste management requirements for projects solely based on
their isolated location from diversion facilities. Require measuring and documentation of all
generated debris to ensure that at least 65% is diverted from landfills.
Modifications to the 2025 California Existing Building Code
The amendments to the 2025 California Existing Building Code are not substantive in nature and are limited to
administrative provisions for the use and enforcement of this Code and to be consistent with the administrative
provisions of the other statewide codes as amended.
Local amendments to the 2022 California Energy Code adopted by the Board in 2024 increasing the energy
efficiency standards beyond the minimum requirements in the statewide code are not included in this code
adoption ordinance because the energy efficiency standards in the new 2025 California Energy Code have
significantly increased and now exceed the County’s local amendments. The County’s current local
amendments will no longer be necessary after January 1, 2026 because they will be exceeded by the statewide
requirements.
CONSEQUENCE OF NEGATIVE ACTION:
If the proposed ordinance is not approved, the County will not adopt the 2025 California Building Standards
Code as amended by Ordinance No. 2025-19.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3
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FINDINGS FOR ORDINANCE NO. 2025-19
1
CONTRA COSTA COUNTY
FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS
TO STATEWIDE BUILDING STANDARDS CODE
The California Building Standards Commission has adopted and published the 2025 Building
Standards Code, which is comprised of the 2025 California Building, Residential, Electrical,
Mechanical, Plumbing, Energy, Historical Building, Existing, and Green Building Standards
Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of
the Department of Conservation and Development.
Although these codes apply statewide, Health and Safety Code sections 17958.5 and
18941.5 authorize a local jurisdiction to modify or change these codes and establish more
restrictive building standards if the jurisdiction finds that the modifications and changes are
reasonably necessary because of local climatic, geological, or topographical conditions. For
amendments to the California Green Building Standards Code, local climatic, geological, and
topographical conditions include local environmental conditions.
Ordinance No. 2025-19 adopts the statewide codes and amends them to address local conditions.
Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of
Supervisors finds that the more restrictive standards contained in Ordinance No. 2025-19 are
reasonably necessary because of the local climatic, geological, and topographic conditions that
are described below.
I. Local Conditions
A. Geological and Topographic
1. Seismicity
(a) Conditions
Contra Costa County is mapped as Seismic Design Categories D and E,
indicating very high risk for earthquakes. Buildings and other structures in these
zones can experience major seismic damage. Contra Costa County is near
numerous earthquake faults including the San Andreas Fault, and all or portions
of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults.
(b) Impact
A major earthquake could severely restrict the response of Contra Costa County
Fire Districts and their capability to control fires. When buildings not equipped
with earthquake structural support move off their foundations, gas pipes may
rupture. Fires may develop from line ruptures and spread from house to house,
causing an extreme demand for fire protection resources. The proximity of large
areas within the County to fault traces necessitates adopting stricter structural
construction standards.
FINDINGS FOR ORDINANCE NO. 2025-19
2
2. Soils
(a) Conditions
The area is replete with various soils, many of which are expansive. Many areas
have landslide prone soils, and some areas are potentially liquefiable during
severe seismic shaking.
Throughout Contra Costa County, the topography and development growth has
created a network of older, narrow roads. These roads vary from gravel to asphalt
surface and vary in percentage of slope, many exceeding 20%. Several of these
roads extend up through the winding passageways in the hills providing access to
remote housing subdivisions. Most of these roads are private with no established
maintenance program.
(b) Impact
During inclement weather, these roads are subject to rock and mudslides, as well
as downed trees, obstructing all vehicle traffic. It is anticipated that during an
earthquake, several of these roads would be unpassable preventing fire protection
resources from reaching fires caused by gas line ruptures or other sources.
3. Topographic
(a) Conditions
i. Vegetation
Highly combustible dry grass, weeds, and brush are common in the hilly
and open space areas adjacent to built-up locations 6 to 8 months of each
year. Many of these areas frequently experience wildland fires, which
threaten nearby buildings, particularly those with wood roofs, or sidings.
This condition can be found throughout Contra Costa County, especially in
those developed and developing areas of the County. Earthquake gas fires
due to gas line ruptures can ignite grasslands and stress fire district
resources.
ii. Surface Features
The arrangement and location of natural and manmade surface features,
including hills, creeks, canals, freeways, housing tracts, commercial
development, fire stations, streets, and roads, combine to limit feasible
response routes for Fire District resources in and to District areas.
iii. Buildings, Landscaping, and Terrain
Many buildings and building complexes have building access and
landscaping features and designs which preclude or greatly limit any
approach or operational access to them by Fire District vehicles. In
addition, the presence of security gates, roads of inadequate width, and
grades that are too steep for Fire District vehicles adversely affect fire
suppression efforts.
When Fire District vehicles cannot gain access to buildings involved with
fire, the potential for complete loss is realized. Access problems often
severely delay fire and smoke control efforts. In existing structures where
FINDINGS FOR ORDINANCE NO. 2025-19
3
pitched roofs have been built over an existing roof, smoke detectors should
be required to warn residents of smoke and fire before the arrival of fire
personnel.
(b) Impact
The above local geological and topographical conditions increase the
magnitude, exposure, accessibility problems, and fire hazards presented to the
County fire resources. Fire following an earthquake has the potential of
causing greater loss of life and damage than the earthquake itself. Most
earthquake fires are caused by natural gas line ruptures. Hazardous materials,
particularly toxic gases, could pose the greatest threat to the largest number,
should a significant seismic event occur.
Other variables may intensify the situation:
• The extent of damage to the water system.
• The extent of isolation due to bridge and/or freeway overpass collapse.
• The extent of roadway damage and/or amount of debris blocking the
roadways.
• Climatic condition (hot, dry weather with high winds).
• Time of day will influence the amount of traffic on roadways and could
intensify the risk to life during normal business hours.
• The availability of timely mutual aid or military assistance.
• The large portion of dwellings with wood shake or shingle coverings
(both on the roof diaphragm and sides of the dwellings) could result in
conflagrations.
• The large number of dwellings that slip off their foundations and
rupture gas lines and electrical systems resulting in further
conflagrations.
More restrictive electric vehicle charging standards, construction and
demolition waste recovery requirements, and building electrification
requirements would not impact the availability of the County’s fire or public
safety resources.
B. Climatic
1. Precipitation and Relative Humidity
(a) Conditions
Precipitation ranges from 15 to 24 inches per year with an average of
approximately 20 inches per year. 96% of precipitation falls during the months
of October through April, and 4% from May through September. May through
September is a dry 5-month period each year. Additionally, the area is subject
to occasional drought. Relative humidity remains in the middle range most of
the time. It ranges from 45 to 65% during spring, summer, and fall, and from
60 to 90% in the winter. It occasionally falls as low as 15%.
(b) Impact
Locally experienced dry periods cause extreme dryness of untreated wood shakes
and shingles on buildings and non-irrigated grass, brush and weeds, which are
FINDINGS FOR ORDINANCE NO. 2025-19
4
often near buildings with wood roofs and sidings. Such dryness causes these
materials to ignite very readily and burn rapidly and intensely. Gas fires due to
gas line ruptures can also spark and engulf a single-family residence during these
dry periods.
Because of dryness, a rapidly burning gas fire or exterior building fire can quickly
transfer to other buildings by means of radiation or flying brands, sparks or
embers. A small fire can rapidly grow to a magnitude beyond the control
capabilities of the Fire District resulting in an excessive fire loss.
2. Greenhouse Gas Emissions
(a) Conditions
The California Air Resources Board has collected information on emissions from
air pollution sources since 1969. This information is periodically compiled by
State and local air pollution control agencies to create regional and statewide
greenhouse gas emissions inventories. The California greenhouse gas emissions
inventory maintains information on various air pollution sources and identifies
“transportation” (all on-road vehicles such as automobiles and trucks, and off-
road vehicles such as trains, ships, aircraft, and farm equipment) as a primary
pollution source. According to the 2020-2022 statewide inventory (2024 Edition),
the transportation sector remains the largest source of greenhouse gas emissions,
accounting for 37.7% of the total greenhouse gas emissions. Emissions from
waste, comprising 2.2% of the total greenhouse gas emissions, have grown by
14.1% since 2000, and 96% of that amount is landfill emissions. California
adopted land use and transportation policies and mandatory recycling laws to help
reduce greenhouse gas emissions by promoting the use of renewable energy
sources and reducing landfill disposal.
On November 5, 2024, Contra Costa County adopted its 2045 General Plan and
2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). An
updated local greenhouse gas emission inventory was included as part of the 2024
CAAP. For the purpose of reducing greenhouse gas emissions, the C2024 CAAP
contains 29 climate action strategies, 11 of which directly result in greenhouse gas
emission reductions. These strategies include, among other things, actions to
support limiting the amount of waste disposal in landfills, actions to increase the
installation of electric vehicle charging stations for all vehicle types as well as
actions to increase the use of zero-emission vehicles throughout unincorporated
Contra Costa County.
(b) Impact
More restrictive electric vehicle charging standards and construction and
demolition waste recovery requirements would be consistent with the intent of
State legislation and County requirements to aggressively implement energy and
waste policies designed to ensure success in meeting their greenhouse gas
emission reduction goals.
FINDINGS FOR ORDINANCE NO. 2025-19
5
3. Temperature
(a) Conditions
Temperatures have been recorded as high as 114° F. Average summer highs are in
the 75° to 90° range, with average maximums of 105° F in some areas of
unincorporated Contra Costa County.
(b) Impact
High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby
reducing their effectiveness and ability to control large building, wildland fires,
and fires caused by gas line ruptures.
Another impact from high temperatures is that combustible building material and
non- irrigated weeds, grass and brush are preheated, thus causing these materials
to ignite more readily and burn more rapidly and intensely. Additionally, the
resultant higher temperature of the atmosphere surrounding the materials reduces
the effectiveness of the water being applied to the burning materials. This requires
that more water be applied, which in turn requires more fire resources to control a
fire on a hot day. High temperatures directly contribute to the rapid growth of
fires to an intensity and magnitude beyond the control capabilities of the Fire
Districts in Contra Costa County. The change of temperatures throughout the
County between very low and extreme highs contributes to a voltage drop in
conductors used for power pole lines. This necessitates that voltage drops be
considered.
More restrictive electric vehicle charging standards, construction and demolition
waste recovery requirements, and building electrification requirements would not
have a negative impact on the temperature conditions within the County.
4. Winds
(a) Conditions
Prevailing winds in many parts of Contra Costa County are from the north or
northwest in the afternoons. However, winds are experienced from virtually every
direction at one time or another. Velocities can reach 14 mph to 23 mph ranges,
gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds
up to 55 mph have been registered locally. During the winter half of the year,
strong, dry, gusty winds from the north move through the area for several days
creating extremely dry condition.
(b) Impact
Winds such as those experienced locally can and do exacerbate fires, both interior
and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds,
grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be
fanned to an intensity beyond the control capabilities of the fire services very
quickly even by relatively moderate winds. When such fires are not controlled,
they can extend to nearby buildings, particularly those with untreated wood
shakes or shingles.
Winds of the type experienced locally also reduce the effectiveness of exterior
FINDINGS FOR ORDINANCE NO. 2025-19
6
water streams used by all Contra Costa County Fire Districts on fires involving
large interior areas of buildings, fires which have vented through windows and
roofs due to inadequate built-in fire protection and fires involving wood shake and
shingle building exteriors. Local winds will continue to be a definite factor toward
causing major fire losses to buildings not provided with fire resistive roof and
siding materials, buildings with inadequately separated interior areas, or buildings
lacking automatic fire protection systems, proper gas shut-off devicesor proper
electrical systems. National statistics frequently cite wind conditions, such as
those experienced locally, as a major factor where conflagrations have occurred.
More restrictive electric vehicle charging standards, construction and demolition
waste recovery requirements, and building electrification requirements, would not
have a negative impact on the wind conditions within the County.
II. Necessity of More Restrictive Standards
Because of the conditions described above, the Contra Costa County Board of Supervisors
finds that there are building and fire hazards unique to Contra Costa County that require the
more restrictive fire protection, structural and design load requirements, and energy and
waste management policies set forth in Ordinance No. 2025-19.
A. The ordinance amends the 2025 California Building Code by:
1. Requiring the installation of a smoke detector in each existing flat roof building
when a pitched roof is added on top of the existing flat roof, and the solid
sheathing of the flat roof is not removed. (§ 74-4.002(b).)
2. Requiring wood shakes or shingles used for exterior wall covering to be fire
treated. (§ 74-4.002(c).)
3. Requiring special inspections for concrete compressive strength at certain
foundations to be consistent with code requirements for concrete at other
locations. (§ 74-4.002(d).)
4. Addressing the poor performance of plain concrete structural elements during
seismic events. (§ 74-4.002(e), § 74-4.002(g), and § 74-4.002(h).)
5. Prohibiting placement of reinforcement while the concrete is in a semifluid
condition thus increasing quality control during construction. Enhanced quality
control is necessary because of seismic considerations. (§ 74-4.002(f).)
6. Requiring minimum strength and construction standards for slabs-on-ground. (§
74-4.002(i).)
B. The ordinance amends the 2025 California Residential Code by:
1. Requiring the installation of a smoke detector in each existing flat roof building
when a pitched roof is added on top of the existing flat roof, and the solid
sheathing of the flat roof is not removed. (§ 74-4.004(b).)
2. Prohibiting the use of gypsum wallboard as braced wall panels in single- and two-
family dwellings and accessory structures, and by limiting the use of Portland
FINDINGS FOR ORDINANCE NO. 2025-19
7
Cement Plaster braced walls to one story single- and two-family dwellings, as
these materials have performed poorly during recent California seismic events.
(§74- 4.004(c) and §74-4.004(d).)
C. The ordinance amends the 2025 California Green Building Standards Code by:
1. Imposing more restrictive electric vehicle charging standards, as follows:
(a) For new multi-family buildings, requiring ten percent of the total number of
parking spaces be equipped with fully-operational Level 2 electric vehicle
supply equipment for all multi-family buildings. (§ 74-4.006(c).)
(b) For new non-residential buildings, other than office and retail buildings,
increasing the number of designated electric vehicle parking spaces that must
have fully functional charging equipment. (§ 74-4.006(h).)
2. Imposing more restrictive construction waste reduction, disposal, and recycling
standards consistent with those presently enforced in the County as follows:
(a) Imposing the mandatory restrictions from Chapter 4 of the 2025 CGBSC on
certain projects for existing residential buildings, including:
i. Projects that increase the total combined conditioned and unconditioned
building area by 5,000 square feet or more. (§ 74-4.006(a).)
ii. Projects that impact 5,000 square feet or more of the total combined
conditioned and unconditioned building area. (§ 74-4.006(a).)
iii. Demolition projects when a demolition permit is required, except
demolition projects that are necessary to abate a public nuisance. (§ 74-
4.006(a) and § 74-4.006(b).)
(b) Eliminating the exception from construction waste management requirements
for projects solely based on their isolated location from diversion facilities. (§
74- 4.006(d).)
(c) Requiring measuring of all generated debris to ensure that at least 65% is
diverted from landfills. (§ 74-4.006(g) and § 74-4.006(l).)
(d) Requiring more comprehensive documentation for construction waste
management be provided to the enforcing agency and making submittal of the
same a prerequisite for scheduling final inspections. (§ 74-4.006(e) and § 74-
4.006(j).)
D. The amendments to the 2025 California Existing Building Code are not substantive in
nature and are limited to administrative provisions for the use and enforcement of this
Code, and to be consistent with the administrative provisions of the statewide codes as
amended.
III. Assembly Bill 130 Findings
In addition to the requirement that modifications and changes be reasonably necessary
because of local climatic, geological, or topographical conditions, Assembly Bill 130
imposed additional limitations to modifications and changes that impact residential units.
FINDINGS FOR ORDINANCE NO. 2025-19
8
After October 1, 2025, a local jurisdiction may not make any modification or change to these
codes that is applicable to residential units, except under specifically enumerated conditions.
(Health & Saf. Code, § 17958.5(c).) The enumerated conditions that permit a local
jurisdiction to make a modification or change affecting residential units include but are not
limited to: (i) the change or modification is substantially equivalent to a change or
modification that was in effect as of September 30, 2025 (Health & Saf. Code, §
17958.5(c)(1)), and (ii) the change or modification relates to home hardening (Health & Saf.
Code, § 17958.5(c)(3)).
With one exception, each of the modifications applicable to residential units included in
Ordinance No. 2025-19 were also included in Ordinance No. 2022-35, Contra Costa
County’s adoption of the 2022 California Building Code with local amendments. The Contra
Costa County Board of Supervisors adopted Ordinance No. 2022-35 on November 8, 2022,
and the County’s adopted 2022 California Building Code with local amendments was
effective on January 1, 2023. According, the modifications applicable to residential units
included in Ordinance No. 2025-19, with one exception, are permitted under AB130 because
they are substantially similar to modifications that were in effect in Contra Costa County as
of September 30, 2025.
Ordinance No. 2025-19 modifies Section 1405.2 of the California Building Code (§ 74-
4.002(c)), to require that wood shakes or shingles used for exterior wall covering to be fire
treated. Ordinance No. 2022-35 also included this modification, but included an
exception for when the exterior wall was at least 10 feet from the property line or faced a
street. Thus, the modification in Ordinance No. 2025-19 is more restrictive than the
modification previously in effect in Contra Costa County. Nevertheless, Ordinance No.
2025-19’s modification to Section 1405.2 is permitted under AB130 because it relates to
home hardening as it further protects the subject residential unit from fire and inhibits the
spread of fire to surrounding residential units.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4627 Name:
Status:Type:Discussion Item Passed
File created:In control:9/9/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:HEARING on the itemized costs of abatement for property in unincorporated Contra Costa County,
1920 6th St., Richmond, California (Ray James & Corinea, Owners). (Jason Crapo, Conservation and
Development Department)
Attachments:1. Itemized Abatement Costs - TMP-12643 CERV24-00048 1920 6th St., Richmond.pdf, 2. Before And
After Pictures - TMP- 12643 CERV24-00048 1920 6th St., Richmond.pdf
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:HEARING on the itemized costs of abatement for property in Unincorporated Contra Costa
County, 1920 6th St., Richmond, California (Ray James & Corinea, Owner). (Jason Crapo, Conservation and
Development Department).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
OPEN hearing on the costs of abating a public nuisance on the real property located at 1920 6th St., Richmond,
California, in unincorporated Contra Costa County (APN: 409-291-008).
RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto
from the property owner or other persons with a legal interest in the property; and CLOSE the hearing.
DETERMINE the cost of all abatement work and all administrative costs to be $7,258.30.
ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors.
ORDER the costs to be specially assessed against the above-reference property and AUTHORIZE the
recordation of a Notice of Abatement Lien.
FISCAL IMPACT:
No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this
property and will be collected at the same time and in the same manner as ordinary County taxes are collected.
BACKGROUND:
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2
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File #:25-4627,Version:1
Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize
the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and
inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors.
The Notice and Order to Abate was posted on the above-referenced property for the accumulation of garbage
and debris scattered throughout the property and weeds over eighteen inches in height and was served on the
property owner and all persons known to be in possession of the property by certified mail on April 17, 2025.
The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer
abated the nuisance on June 2, 2025.
The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was
sent by first-class mail to the property owner on June 5, 2025. The property owner did not pay the bill within 45
days of the date of mailing.
Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For
proof of service, see Clerk of the Board at 1025 Escobar St., 1st Floor, Martinez, CA 94553.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County will not be able to recover costs for abatement on code violations for this property.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2
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CONTRA COSTA COUNTY DATE: September 9, 2025 TO: Clerk of the Board FROM: Department of Conservation & Development By: Andrew Gomer, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14-6.428. OWNER: Ray James & Corinea POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: June 2, 2025 ABATEMENT COMPLETED DATE: June 5, 2025 SITE ADDRESS: 1920 6th St., Richmond, CA 94801 APN#: 409-291-008 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 300.00 Site Visits (8 x $150.00 ea.) $ 1,200.00
Recording Fee $ 17.00 PIRT (Title Search) $ 175.00 Certified Letter & Regular Mailings $ 36.30 Photos $ 10.00 Contractor hired for abatement $ 5,120.00 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00
Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553.
1920 6TH ST.,
Richmond, CA 94801
Before Photos
MARCH 12, 2025
MARCH 27, 2025
1920 6TH ST.,
Richmond, CA 94801
After Photos
JUNE 2, 2025
JUNE 2, 2025
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4628 Name:
Status:Type:Discussion Item Passed
File created:In control:9/9/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:HEARING on the itemized costs of abatement for property in unincorporated Contra Costa County,
616 Grove Ave., Richmond, California (Wilson Fanny Estate Of C/O Tracey Warren, Owner). (Jason
Crapo, Conservation and Development Department)
Attachments:1. Itemized Abatement Costs - TMP- 12645 CERV24-00015 616 Grove Ave., Richmond.pdf, 2.
Itemized Abatement Costs - TMP- 12645 CERV24-00012 616 Grove Ave., Richmond.pdf, 3. 12645-
Before and After Photos CERV24-00012 & CERV25-00015 616 Grove Ave., Richmond.pdf
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Report Title:HEARING on the itemized costs of abatement for property in Unincorporated
Contra Costa County, 616 Grove Ave., Richmond, California (Wilson Fanny Estate Of C/O Tracey Warren,
Owner). (Jason Crapo, Conservation and Development Department).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
OPEN hearing on the costs of abating a public nuisance on the real property located at 616 Grove Ave.,
Richmond, California, in unincorporated Contra Costa County (APN: 409-132-002).
RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto
from the property owner or other persons with a legal interest in the property; and CLOSE the hearing.
DETERMINE the cost of all abatement work and all administrative costs to be $13,186.47 .
ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors.
ORDER the costs to be specially assessed against the above-reference property and AUTHORIZE the
recordation of a Notice of Abatement Lien.
FISCAL IMPACT:
No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this
property and will be collected at the same time and in the same manner as ordinary County taxes are collected.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2
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File #:25-4628,Version:1
BACKGROUND:
Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize
the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and
inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors.
The Notice and Order to Abate was posted on the above-referenced property for weeds over eighteen inches in
height, overgrown vegetation, trash, buckets, tires and debris, and was served on the property owner and all
persons known to be in possession of the property by certified mail on August 19, 2024 and on May 12, 2025.
The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer
conducted two separate abatements on October 16, 2024 and on June 11, 2025.
The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was
sent by first-class mail to the property owner on November 7, 2024 and June 17, 2025. The property owner did
not pay the bill within 45 days of the date of mailing.
Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For
proof of service, see Clerk of the Board at 1025 Escobar St., 1st Floor, Martinez, CA 94553.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the County will not be able to recover costs for abatement on code violations for this property.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2
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CONTRA COSTA COUNTY DATE: September 9, 2025 TO: Clerk of the Board FROM: Department of Conservation & Development By: Andrew Gomer, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14-6.428. OWNER: Wilson Fanny Estate of C/O Tracey Warren POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: August 19, 2024 ABATEMENT COMPLETED DATE: November 7, 2024 SITE ADDRESS: 616 Grove Ave., Richmond, CA 94801 APN#: 425-013-022 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 300.00 Site Visits (6 x $150.00 ea.) $ 900.00
Recording Fee $ 17.00 PIRT (Title Search) $ 175.00 Certified Letter & Regular Mailings $ 35.04 Photos $ 10.00 Contractor hired for abatement $ 1,650.00 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00
Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553.
CONTRA COSTA COUNTY DATE: September 9, 2025 TO: Clerk of the Board FROM: Department of Conservation & Development By: Andrew Gomer, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14-6.428. OWNER: Wilson Fanny Estate of C/O Tracey Warren POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: May 12, 2025 ABATEMENT COMPLETED DATE: June 17, 2025 SITE ADDRESS: 616 Grove Ave., Richmond, CA 94801 APN#: 425-013-022 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 300.00 Site Visits (6 x $150.00 ea.) $ 900.00
Recording Fee $ 29.00 PIRT (Title Search) $ 175.00 Certified Letter & Regular Mailings $ 44.43 Photos $ 10.00 Contractor hired for abatement $ 7,853.00 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00
Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553.
Before Photos
2024
616 Grove Ave.
Richmond, CA 94801
Go to:
•“Insert” on menu bar. Select “picture”.
•Go to the “Pictures (N:)” drive in the network directory.
•Select the CODE ENF folder.
•Select the folder by parcel number/APN
•Use search bar in the top of the window to type in the parcel number
•In the folder full of pictures, select the photo to be used
•Drag and drop, or double-click the picture
•It will appear on this screen
•Stretch the picture using the little hollow points on the corners, if necessary.
October 14, 2024
October 17, 2024
616 Grove Ave.
Richmond, CA 94801
After Photos
2025
616 Grove Ave
Richmon, CA 94801
Before Photos
April 22, 2025
May 12, 2025
616 Grove Ave
Richmon, CA 94801
After Photos
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:225-4629 Name:
Status:Type:Discussion Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:CONSIDER approving the Contra Costa County Clean Energy Roadmap for existing buildings, as
presented to the Sustainability Committee, and making related California Environmental Quality Act
finding. (Demian Hardman-Saldana, Conservation and Development Department)
Attachments:1. Clean Energy Roadmap for Existing Buildings - Draft to Consider for Approval, 2. 9-8-25
Sustainability Committee Clean Energy Roadmap Staff Report, 3. 11-4-2025 Clean Energy Roadmap
Presentation_Final_v1
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 2
To:Board of Supervisors
From:Sustainability Committee
Report Title:Consider Adoption of Contra Costa County Clean Energy Roadmap for Existing Buildings
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
1.CONSIDER adopting the Contra Costa County Clean Energy Roadmap for existing buildings, as
presented to the Sustainability Committee.
2.FIND that adoption of the Contra Costa County Clean Energy Roadmap for existing buildings is exempt
from the California Environmental Quality Act (CEQA) Guidelines Section 15262.
3.DIRECT staff to file a Notice of Exemption with the County Clerk and pay any required fee for the
filing.
FISCAL IMPACT:
Measure X funding is allocated to cover the staff time associated with the development and implementation of
the Clean Energy Roadmap for existing buildings (Roadmap).
If the Roadmap is adopted by the County, other funding sources will need to be identified to facilitate all-
electric building conversions.
BACKGROUND:
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On November 5, 2024, the County Board of Supervisors adopted the Contra Costa County 2045 General Plan
and Updated 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). The CAAP establishes
greenhouse gas (GHG) reduction goals to be 40% below 1990 levels by 2030, and to achieve net carbon
neutrality by 2045, consistent with the State’s goals.
CAAP Strategy BE-2, Clean and Efficient Built Environment, includes an implementation action calling for the
creation by the County of a detailed roadmap to convert existing homes and businesses to use low-carbon or
carbon-free appliances. It also states that the roadmap shall prioritize equity to minimize the risk of
displacement or significant disruptions to existing tenants.
On March 10, 2025, the Sustainability Committee (Committee) received a report on the Draft Clean Energy
Roadmap for existing buildings (Roadmap), which was released for public review on March 5, 2025. A
proposed timeline was provided by staff recommending a 30-day public comment review period with a final
draft of the Roadmap planned for consideration by the Committee later in the year for a recommendation to the
Board of Supervisors. The Committee provided feedback on the draft Roadmap, requesting it include how it
will support the Bay Area Air District (BAAD) Rules 9-4 and 9-6, which ban the purchase of nitrogen oxide
(NOx) emitting water heaters (i.e., gas water heaters) for residential buildings or standard commercial and
industrial spaces starting in 2027, ban the purchase of furnaces that emit NOx (i.e., gas burning furnaces)
starting in 2029, and ban the purchase of larger commercial water heaters that emit NOx beginning in 2031.
On September 8, 2025, the Committee considered the public comments received on the draft Roadmap,
reviewed a new draft of the Roadmap revised to address public comments and asked that it be presented for
consideration to the Board of Supervisors for adoption.
Public Outreach
Public comments on the draft Roadmap were accepted from March 25, 2025, through April 24, 2025. Staff
created a dedicated webpage with information about the draft Roadmap and how to submit public comments.
Two virtual information sessions also occurred in April for the public to attend and provide verbal comments on
the draft Roadmap. Information on how to review and submit comments on the draft Roadmap was also
included in the Spring 2025 edition of the County’s Sustainability Newsletter. Staff also presented an overview
of the draft Roadmap at the Contra Costa County All-Electric Working Group meeting in April, a quarterly
meeting that includes industry professionals, non-profit leaders and local government staff within the County
interested in transitioning buildings to be all-electric.
Summary of Public Comments Received
The main themes that emerged from the public outreach conducted included information on stakeholder
collaboration, questions around timelines and goal setting, and community engagement. The most detailed
comments were provided by 350 Contra Costa Action, who provided both written and verbal comments.
A detailed summary of the public comments received, including a summary of edits made to the draft Roadmap
in response to comments received, was provided to the Sustainability Committee at its September 8, 2025,
meeting. The report to the Committee on this topic is attached.
Clean Energy Roadmap
The Clean Energy Roadmap includes information on the benefits of all-electric buildings, including an initial
assessment of the existing landscape in California for transitioning buildings to all-electric, such as existing
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policies and plans at the local, regional, and State levels. The Roadmap includes a preliminary inventory of
residential buildings in the County, a brief overview of the cost issues around transitioning buildings to all-
electric, analyzes issues related to electric panel capacity, such as outdated wiring in the home, and discusses
the costs of adding solar panels and battery storage.
The Roadmap also provides specific recommendations and next steps based on the research and information
included in the report. This includes implementing a specific outreach and engagement strategy on the subject
of transitioning buildings to be all-electric, with a focus on gaining feedback from communities historically
marginalized; completing additional analysis to obtain more data on buildings and the costs of transitioning
existing buildings to be all-electric; working with the County’s Legislation Committee and Board of
Supervisors to develop a policy framework that calls for the County to work with regulatory agencies to
support the goal of transitioning existing buildings to all-electric. Other recommendations and next steps
include, further exploring policy options outlined in the Roadmap, working to develop a strategy to address
tenant/landlord rental property constraints, seeking solutions to improve the overall resiliency of households in
the County, such as installing solar panels and battery storage, allowing staff to seek funding that supports the
implementation of the Roadmap, and identifying opportunities for pilot projects for converting existing
buildings to be all-electric, where appropriate. The recommended Clean Energy Roadmap is attached to this
report.
Roadmap Implementation Action Plan
To implement the recommendations and next steps detailed in the Roadmap, the Roadmap calls for an
Implementation Action Plan to be completed within 12 months of when the Roadmap is adopted by the County
and specifies that the Implementation Action Plan be examined on an annual basis to allow for any adjustments,
as needed. As part of the Implementation Action Plan, a Clean Energy Roadmap webpage be maintained with
regularly updated information on the topic of converting buildings to be all-electric.
California Environmental Quality Act (CEQA)
For the purposes of compliance with CEQA, the adoption of the Clean Energy Roadmap is the project. Based
on the record before the County, staff has determined that this project is exempt from environmental review
under CEQA Guidelines Section 15262, which applies to a project that only involves feasibility and planning
studies for possible future actions which the board has not approved, adopted, or funded.
The Clean Energy Roadmap is a planning study on how to support converting existing homes and businesses to
use low-carbon or carbon-free appliances. The roadmap is an implementation action of Strategy BE-2 in the
County’s 2024 CAAP. The updated 2024 CAAP was adopted as part of the County’s 2045 General Plan
adopted in 2024.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not implement an action item in the updated 2024 CAAP, CAAP Strategy BE-2. The County
would also likely not meet its greenhouse gas emissions reduction targets included in its updated 2024 CAAP.
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Clean Energy Roadmap for Existing Buildings Page 1
Draft to Consider for Approval | November 4, 2025
County of Contra Costa, California
Clean Energy Roadmap
for Existing Buildings
Clean Energy Roadmap for Existing Buildings Page 2
Draft to Consider for Approval | November 4, 2025
Prepared By:
County of Contra Costa
Department of Conservation and Development
30 Muir Rd, Martinez, CA 94553
sustainability@dcd.cccounty.us
www.contracosta.ca.gov/dcd
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Table of Contents
Executive Summary ................................................................................................................................. 5
1.0 Introduction .................................................................................................................................. 8
2.0 Benefits of All-Electric Buildings ............................................................................................. 10
2.1 Health ......................................................................................................................... 10
2.2 Safety ......................................................................................................................... 11
2.3 Climate Resilience .................................................................................................... 12
3.0 Existing All-Electric Policies and Programs ......................................................................... 13
3.1 Statewide Policies and Plans ................................................................................... 13
3.2 Regional Programs, Plans, and Studies ................................................................... 15
3.3 California Jurisdictions with Adopted All-Electric Building Plans .......................... 16
3.4 Contra Costa County Programs and Plans ............................................................ 18
4.0 Building Inventory Analysis ..................................................................................................... 21
5.0 Cost Analysis ............................................................................................................................... 24
6.0 Funding and Financing Opportunities ................................................................................ 25
6.1 Rebate Opportunities ............................................................................................... 26
6.2 Inflation Reduction Act Rebates and Tax Credits ................................................. 29
6.3 Financing Options ..................................................................................................... 29
6.4 Existing Funding Models to Explore ......................................................................... 31
7.0 Centering Equity ....................................................................................................................... 32
7.1 Community Engagement Approach ..................................................................... 34
7.2 Workforce Development ......................................................................................... 36
8.0 Facilitating an Equitable Transition ...................................................................................... 37
9.0 Policy Options and Other Strategies ................................................................................... 42
10.0 Next Steps ................................................................................................................................... 44
10.1 Action Items and Recommendations .................................................................... 44
11.0 Roadmap Implementation Action Plan ..................................................................... 46
11.1 Implementing Action Items and Recommendations ........................................... 46
11.2 Roadmap Implementation Action Plan ................................................................. 47
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GLOSSARY
ABAG: Association of Bay Area Governments
AC: Air Conditioning
AEA: Association for Energy Affordability
BAAD: Bay Area Air District
BayREN: Bay Area Regional Energy Network
BOS: Board of Supervisors
CARB: California Air Resources Board
CAP: 2015 Climate Action Plan
CAAP: Updated 2024 Climate Action and Adaptation Plan
CAISO: California Independent System Operator
CCA: Community Choice Aggregator
CCHS: Contra Costa Health Services
CEC: California Energy Commission
CO2: Carbon Dioxide
CPUC: California Public Utilities Commission
DER: Distributed Energy Resources
EPA: Environmental Protection Agency
EV: Electric Vehicle
GHG: Greenhouse Gas
HPWH: Heat Pump Water Heater
HVAC: Heating, Ventilation, and Air Conditioning
IOU: Investor-Owned Utility
LEED: Leadership in Energy and Environmental Design
MCE: Community choice energy provider for most of Contra Costa County.
NOx: Nitrogen Oxide
NO2: Nitrogen Dioxide
PSPS: Public Safety Power Shutoff
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Executive Summary
Contra Costa County is a leader in adopting policies and programs that improve indoor air
quality for residents. The County’s General Plan and Climate Action and Adaptation Plan
(CAAP) include a number of policies, goals, and actions on this topic.
Energy usage from existing buildings is one of the largest contributors of greenhouse gas
(GHG) emissions, responsible for approximately 30 percent of all the annual GHG
emissions in unincorporated Contra Costa County. Transitioning existing buildings to use
clean energy to reduce GHG emissions is a complex issue that requires a thoughtful,
strategic approach that will not overburden our population. The most common approach
to reducing GHG emissions in buildings is to transition buildings away from using gas as
the building’s fuel source.
The Clean Energy Roadmap for Existing Buildings (Roadmap) is an action item specified in
Strategy BE-2 of the County’s CAAP 2024 Update, adopted on November 5, 2024, by the
County Board of Supervisors. The Roadmap provides an initial assessment of the existing
landscape in California for transitioning buildings to all-electric and highlights existing all-
electric policies and plans at the local, regional, and State levels. The Roadmap also
highlights the many benefits that come with all-electric homes such as enhanced health
and safety in homes as well as improved community resilience to the impacts of climate
change. This Roadmap also outlines a strategic community engagement strategy that
centers on equity to inform our impacted communities in the County on the benefits of
buildings operating on clean energy.
Below is a summary of the research and analysis conducted as well as a summary of the
recommendations and next steps included in the County’s Clean Energy Roadmap.
INITIAL RESEARCH RESULTS
The research and analysis conducted by County staff for the Roadmap is preliminary and
serves as a framework for more comprehensive analyses in the future on the existing
building stock characteristics, the costs associated with transitioning buildings to be all-
electric, the current challenges and barriers to evaluate, and the policies that have been
deployed successfully in other jurisdictions. Each research topic summarized below
provides insight into the factors that influence the transition of existing buildings to all-
electric and supports efforts to have buildings use clean energy that reduces or eliminates
cardon dioxide emissions, therefore reducing GHG emissions and improving health.
Building Inventory – An initial building inventory was conducted for all the residential
buildings in unincorporated Contra Costa County. It identified key characteristics such as
building typology, vintage, and total square footage. The initial assessment found that 93
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percent of all the residential buildings in the County are single-family homes and that 56
percent of those homes were constructed prior to 1978.
Cost Analysis – A brief overview of the issues around the cost of transitioning a building to
all-electric is provided. This includes the factors that influence the cost of transitioning
buildings to all-electric, such new equipment, operational costs, and other unique factors. A
comprehensive study specific to the County’s region will need to be conducted to better
understand how all these variables impact the cost of transitioning a home to be all-
electric.
Facilitating an Equitable Transition –The Roadmap highlights a number of issues to resolve
to be equitable for County residents. This includes insufficient electrical panel capacity or
outdated panel compatibility, outdated wiring in the home, prohibitive costs of adding
solar panels and battery storage, and different priorities for landlords and renters, also
known as the “landlord/tenant dilemma,” for making tenant improvements.
Policy Options and Other Strategies – A brief overview of the policy options and other
approaches other jurisdictions have implemented is provided. This includes actions that
trigger, through permitting, and require an upgrade to all-electric (e.g., major renovations)
as well as a discussion on how these options through permitting are no longer feasible due
to a 2024 court ruling. Also included is a strategy on decommissioning the gas distribution
system through collaboration with investor-owned utilities (IOUs), community choice
aggregators (CCAs), and others.
RECOMMENDATIONS AND NEXT STEPS
This Roadmap includes specific recommendations and next steps based on the research
and information collected for this report. Below is a summary of the recommendations
and next steps. All recommended actions are intended to support staff in the ongoing
effort to transition existing buildings to all-electric, where feasible, so that the County can
reach the emission reduction goals outlined in its CAAP.
Outreach and Engagement
A specific outreach and engagement strategy is needed to communicate and collaborate
with the residents of Contra Costa County that ensures that historically marginalized and
unrepresented communities have a voice in planning for a clean energy transition. The
Roadmap outlines a specific framework for staff to follow to ensure that efforts around
transitioning existing buildings to all-electric extend to all unincorporated communities
throughout the County. This includes working with community-based organizations to
engage and collaborate with our communities to further develop the various strategies that
will provide better health outcomes and a more resilient future.
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Additional Analysis: Conduct additional analysis to expand on the work presented in this
Roadmap. This includes an expanded building inventory that will provide more data on the
condition of the existing building stock and more research on the costs of transitioning
existing buildings to all-electric in the County.
Regional and State Collaboration: Work with the County’s Legislation Committee and Board
of Supervisors (BOS) to develop a policy framework that allows staff to establish new
and/or expand existing relationships with regulatory agencies to support the goal of
transitioning existing buildings to all-electric. This framework would enable staff to formally
participate in public hearings, provide comments during the regulatory decision-making
process, and petition for rulemaking from regulatory agencies like the California Energy
Commission (CEC) and California Public Utilities Commission (CPUC). It also includes
collaborating with the IOUs, such as PG&E, and CCAs, such as MCE, that service our region
to gain a better understanding of the existing gas distribution system as well as explore the
process and feasibility of decommissioning gas lines at a neighborhood/community scale.
Other Actions
There are other actions included in the Roadmap that will strengthen the County’s ability to
succeed in this transition. These actions include seeking approval from the BOS to
continuously pursue funding for this effort as well as further analysis of the policy options
and issues related to facilitating an equitable transition for converting existing buildings to
all-electric. It also includes implementing pilot projects, where appropriate.
ROADMAP IMPLEMENTATION ACTION PLAN
To implement the recommendations and next steps detailed in the Roadmap, this section
includes a framework to develop and maintain an Implementation Action Plan for the
Roadmap and provides direction for the creation of a dedicated Clean Energy Roadmap
website to include relevant content in the Roadmap that is likely to change over time. The
webpage will also house information on the Roadmap Implementation Action Plan. Both
the Implementation Action Plan and clean energy webpage are to be completed within 12
months of the Roadmap’s adoption by the County Board of Supervisors.
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1.0 Introduction
Climate change is one of the greatest challenges the world faces today.1 The continued use
of fossil fuels as an energy source has caused a build-up of greenhouse gases (GHG) such
as carbon dioxide, nitrous oxide, and methane in the atmosphere. These gases and others
are altering the chemical composition of the atmosphere and leading to a rise in the overall
global temperature.
In 2015, Contra Costa County adopted its first Climate Action Plan (CAP)2 for the
unincorporated areas of the County. The 2015 CAP states that the County is expected to
experience more extreme heat events, reduced air quality, changes in sea level, less
predictable water supply, and an increase in storm severity and frequency of flood events.
Since the adoption of its first CAP, the County has actively been working to mitigate its GHG
emissions to reduce the severity of these expected impacts as well as help meet State and
County climate goals. The County has made progress in meeting the goals of the 2015 CAP.
Some major activities include providing marketing and outreach support for Bay Area
Regional Energy Network (BayREN) programs to promote energy efficiency and all-electric
retrofits, ongoing implementation of the County’s low-income Weatherization Program,
and piloting programs like the County’s Asthma Initiative that links health impacts with
energy efficiency. The County also has three LEED Gold certified County Administration
Buildings, one of which also has a Total Resource Use and Efficiency (TRUE) building
certification. In 2018, the County received grant funding through the California Strategic
Growth Council to conduct a renewable resource potential study to identify more
opportunities for renewable energy in the County and in 2020 adopted a solar overlay zone
1 www.nrdc.org/stories/what-are-effects-climate-change#weather
2 www.contracosta.ca.gov/DocumentCenter/View/39791/Contra-Costa-County-Climate-Action-Plan?bidId=
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which allows ground-mounted solar in certain areas outside of the urban limit line. In
addition, the County has installed solar and is upgrading to energy efficient lighting in
County facilities on an ongoing basis.
On September 22, 2020, the Contra Costa County BOS passed Resolution 2020/256 which
endorsed a declaration of a climate emergency in Contra Costa County, formally
addressing the need for immediate action to combat climate change. The Climate
Emergency Resolution included a range of initiatives, including that the County prioritize
the implementation of its CAP and that the County should develop policies to require all
new construction to be fully electric through the adoption of reach building codes. The
Climate Emergency Resolution also acknowledges the process of updating its General Plan,
Climate Action Plan (now the Climate Action and Adaptation Plan, or CAAP, and zoning
codes, which provide an opportunity to follow State guidance for reducing greenhouse gas
emissions for the unincorporated areas of Contra Costa County.
On November 5, 2024, the County BOS
adopted the Contra Costa County 2045 General
Plan and Contra Costa County CAAP 2024
Update. Consistent with the State’s GHG
emission reduction goals, the County’s updated
2024 CAAP includes GHG reduction goals to 40
percent below 1990 levels by 2030 and achieve
net carbon neutrality by 2045.3
The purpose of this Roadmap is to facilitate the
implementation of CAAP Strategy BE-2, which
includes an implementation action to create a
detailed County Roadmap to convert existing
homes and businesses to use low-carbon or
carbon-free appliances. It also states that the
Roadmap should include steps to support
converting buildings to rely on low-carbon or
carbon-free energy using an equitable
framework that minimizes the risk of
displacement or significant disruptions to existing tenants.
Although the goal of the Roadmap is to convert existing homes and businesses to use low-
carbon or carbon-free appliances, such as having buildings be all-electric, the initial focus
will be on residential buildings because they comprise a majority of the existing structures
3 www.contracosta.ca.gov/DocumentCenter/View/84967/Contra-Costa-County-2024-Climate-Action-and-
Adaptation-Plan-PDF?bidId=
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in the unincorporated areas of the County. This Roadmap includes an overview of the
benefits and challenges, an examination of what buildings have low-carbon or carbon-free
appliances at the local and state level, and a preliminary analysis of the costs associated
with converting existing buildings to be all-electric. It also includes ways to center equity in
all aspects of a transition to all-electric buildings and explore policy options and next steps
to meet the County’s CAAP goals for existing buildings.
2.0 Benefits of All-Electric Buildings
Existing buildings are responsible for approximately 30 percent of all the annual GHG
emissions for unincorporated Contra Costa County, 19 percent of which come from
residential buildings and 11 percent from non-residential buildings. Transitioning away
from the use of fossil fuel infrastructure, such as gas in residential, commercial, and
industrial buildings, has many health, safety, and climate resiliency benefits.
2.1 Health
The County has approximately 300,000 residents living in census tracts that rank in the
95th percentile or higher statewide for asthma-related emergency department visits;
these census tracts are located primarily along the County’s northern waterfront.4 This
is higher than any other county in California.
On average, Californians spend approximately 90 percent of their time indoors where
the air quality can be more polluted than outdoors. Gas appliances emit harmful
amounts of carbon dioxide (CO2) and nitrogen dioxide (NO2) which become trapped in
the home, causing lasting health ramifications to occupants. For example, gas stoves in
homes produce NO2 concentrations that are 50-400 percent higher than homes with
electric stoves.5 These spikes often cause indoor air quality to far exceed the standards
for outdoor air pollution. Children living in homes with gas stoves are 42 percent more
likely to suffer asthma symptoms than those living in homes with electric stoves.6
Particularly for those with moderate to severe asthma, eliminating the use of gas stoves
and other appliances that use gas in the home are known to improve health outcomes.
4 www.greenandhealthyhomes.org/publication/contra-costa-asthma-initiative/
5 www.rmi.org/press-release/health-air-quality-impacts-of-cooking-with-gas/
6 www.rmi.org/indoor-air-pollution-the-link-between-climate-and-health/
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2.2 Safety
California has one of the oldest gas distribution infrastructures in the United States. As
the system continues to age, it becomes more vulnerable to gas leaks or complete
failure. The U.S. Environmental Protection Agency (EPA) found that unplanned gas
leaks, also known as fugitive gas leaks, occur in all parts of the gas distribution
infrastructure.7 The majority of the gas lost through leakage is methane, which is 25
times more potent in its impact to the atmosphere than carbon dioxide.8 Another safety
risk associated with the gas infrastructure is accidental explosions caused during
maintenance or excavation near gas pipelines.
Contra Costa County is also located in an area at high risk for earthquakes, near
numerous earthquake faults including the San Andreas Fault, and all or portions of the
Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A study
released in 2015 by the Working Group of California Earthquake Probabilities predicts
that for the San Francisco region, the 30-year likelihood of at least one earthquake or
more measuring/ 6.7 or larger magnitude is 72 percent. Scientists, therefore, believe
that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely
to occur as to not occur in, approximately, the next 30 years. The California Seismic
Safety Commission reported that 20-50 percent of post-earthquake fires can be directly
attributed to leaks in the gas infrastructure.9 The elimination of gas infrastructure in
buildings would reduce the hazards associated with gas leaks during seismic events.
Fire is also a risk. Highly combustible dry grass, weeds, and brush are common in the
hilly and open space areas in the County for 6 to 8 months of each year. Many of these
combustible areas are adjacent to developed locations and are shown in the lates Fire
Hazard Severity Zone Maps published in April 2024 by the California Department of
Forestry and Fire Protection.10 These areas are more prone to wildland fires, which
threaten nearby buildings, particularly those with wood roofs, or sidings. This condition
can be found throughout Contra Costa County, especially in developed and developing
areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands
and stress resources to combat fires. The elimination of gas infrastructure in buildings
would also reduce fire hazards of buildings located near highly combustible dry land
areas.
7 www.epa.gov/natural-gas-star-program/primary-sources-methane-emissions
8 www.epa.gov/ghgemissions/overview-greenhouse-gases#methane
9 https://ssc.ca.gov/wp-content/uploads/sites/9/2020/08/cssc_2002-03_natural_gas_safety.pdf
10 https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-
zones
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2.3 Climate Resilience
As temperatures in Contra Costa
County increase in the coming
decades, so will our demand for
energy. Air conditioning systems will
run more frequently and for longer
periods of time. Transitioning buildings
to be all-electric will lead to an overall
increase in electricity consumption.
Increasing the level of community
resilience to the various impacts
associated with climate change is
imperative and working to identify
solutions that address multiple
problems and present multiple
benefits is a clear way to accomplish
this. Converting all appliances to
electricity enhances resiliency to
climate change through improved
health and comfort in homes. Adding
distributed energy resources (DERs),
such as battery storage and solar
panels also helps mitigate the impacts from an increased electricity load on the grid and
furthers resiliency by adding protection against loss of power and public safety power
shutoff (PSPS) events during high wildfire risk events. This is especially important for
those in the community that are medically dependent on power. A common
misconception with gas is that it serves as a redundant system during power loss
events, however many gas appliances still require electricity to power fans and
function.11 Back-up generators that operate on diesel are a convenient option during
loss of power; however, they cause more air pollution and create additional fire risk,
further exacerbating climate change.
Eliminating the use of gas in existing buildings is a key strategy to reinforce community
resiliency against climate change. Including battery storage and solar panels only serves
to add to a household’s overall resiliency. Unfortunately, many members in the
community, especially those who live in areas disproportionately burdened by
11 www.peninsulacleanenergy.com/electrification/gas-appliances-during-outage/
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pollution, don’t have adequate funding or resources to make these investments. Most
also lack the authority to initiate the transition to all-electric due to different
motivations for tenants and landlords to invest in these upgrades.12 For the purposes of
this Roadmap and consistent with the County’s General Plan, these burdened
communities will be referred to as “impacted communities.” To improve resiliency in
the unincorporated County, especially our impacted communities, focus must be given
to addressing these barriers so that these communities can experience the benefits
that come with all-electric buildings.
3.0 Existing All-Electric Policies and Programs
There are numerous policies and programs in place at the state, regional, and local levels
that are either planned or are currently being implemented that support local agencies in
adopting policies or initiatives to help convert existing buildings to all-electric. Below is an
overview of the government actions being taken throughout the State and in Contra Costa
County.
3.1 Statewide Policies and Plans
Transitioning existing buildings to all-electric is a strategy being deployed by California.
These efforts, some of which are provided below, work collectively to position the State
and the jurisdictions within it to convert our sources of electricity and the building stock
to be less carbon intensive.
Building Energy Efficiency Standards (Title 24) (1978): California’s building code
for all new construction. The energy code is updated every three years and sets the
requirements around energy efficiency and electrification. The most recent code
became effective in January 2023 with updates that include requiring new homes
installed with gas infrastructure to be electric-ready as well as standardizing electric
heat pumps for water and space heating.13 The new 2025 building code
requirements will become effective January 1, 2026 requiring even higher energy
efficiency standards making the install of heat pumps for water and space heating
12 The “split incentive” or “tenant-landlord dilemma” refers to the situation where building owners do not directly
benefit from increased comfort, better indoor air quality, and utility bill savings that can result from investments in
energy efficiency upgrades. Tenants, who would benefit, usually lack the authority and the financing to make these
investments.
13 www.dgs.ca.gov/BSC/About/History-of-the-California-Building-Code--Title-24-Part-2
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the typical baseline standard for new construction of single-family homes as well as
increasing some efficiency standards for multi-family and non-residential buildings.
Assembly Bill 130 (2025): Signed by the Governor on June 30, 2025, it reforms some
housing laws and temporarily imposes a six (6) year moratorium on new building
standards on new construction of residential buildings. In general, it prohibits local
building code amendments from being adopted that are more stringent than the
State building code for residential buildings until the 2031 Building Code is adopted
(effective January 1, 2032).
Assembly Bill 32 (2006): The California Global Warming Solutions Act of 2006
formed the basis for subsequent policy, both through executive orders and
legislation. Assembly Bill (AB) 32 required California to reduce its GHG emissions to
1990 levels by 2020. This is a reduction of 15 percent below emissions expected
under a “business as usual” scenario with reductions coming from virtually all
sectors of the economy through policies, planning, direct regulations, market
approaches, incentives, and voluntary efforts. AB 32 was a success as target
reductions across the state were achieved in 2016.14
Senate Bill 350 (2015): The Clean Energy and Pollution Reduction Act, which is
implemented by the California Energy Commission (CEC), establishes more stringent
clean energy and GHG reduction targets, including reducing GHG emissions to 40
percent below 1990 levels by 2030 and 80 percent below 1990 levels by 2050.15
Senate Bill 32 (2016): The California Global Warming Solutions Act of 2016 builds on
AB 32 by requiring the California Air Resources Board (CARB) to reduce GHG
emissions to 40 percent below the 1990 levels by 2030.16
Executive Order B-55-18 (2018): Governor Brown issued Executive Order B-55-18,
which established an additional statewide goal of achieving carbon neutrality (no
net GHG emissions) by 2045. Under this goal, any GHGs that are emitted by
California must be fully offset by other activities by 2045. Though this goal does not
yet have the force of law, it does indicate the direction in which the State is moving
and may be a reference point for future legislative action.17
Assembly Bill 3232 (2018): The Low Carbon Buildings bill directs the CEC to prepare
a Building Decarbonization Assessment in conjunction with the California Public
Utilities Commission (CPUC), CARB, and the California Independent System Operator
14 https://ww2.arb.ca.gov/resources/fact-sheets/ab-32-global-warming-solutions-act-2006
15 www.energy.ca.gov/rules-and-regulations/energy-suppliers-reporting/clean-energy-and-pollution-reduction-
act-sb-350
16 https://clear.ucdavis.edu/explainers/how-california-working-reduce-greenhouse-gas-emissions
17 www.ca.gov/archive/gov39/wp-content/uploads/2018/09/9.10.18-Executive-Order.pdf
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(CAISO). This report, which was published in August 2021, assesses the potential for
California to reduce GHG emissions from buildings by 40 percent below 1990 levels
by 2030.18
Senate Bill 100 (2018): The 100 Percent Clean Energy Act requires renewable
energy and zero-carbon resources to supply 100 percent of electric retail sales to
end-use customers by 2045. To help accomplish this, the bill updated the State’s
Renewables Portfolio Standard to ensure that at least 60 percent of California’s
electricity is renewable by 2030. The bill also established a requirement for the CEC,
CPUC, and CARB to use programs under existing laws to achieve 100 percent clean
electricity and issue a joint policy report which includes an initial assessment of
additional energy resources and resource building rates needed to achieve 100
percent clean electricity. The first report was issued in 2021, and subsequent
reports will be released every four years.19
Senate Bill 1477 (2018): The Clean Homes to Californians bill requires the CPUC to
allocate $50 million per year from cap-and-trade revenue until 2023 to support the
Building Initiative for Low-Emissions Development (BUILD) and the Technology and
Equipment for Clean Heating (TECH) pilot programs.20
3.2 Regional Programs, Plans, and Studies
The San Francisco Bay Area has always been proactive in addressing climate change.
The Bay Area Air District (BAAD), the regional authority for setting rules and planning
around air quality in the Bay Area, routinely sets regulations to improve air quality and
reduce GHG emissions. Below are some of the agency’s recent actions focused on
reducing GHG emissions.
Clean Air Plan (2017): BAAD developed the Clean Air Plan as a regional strategy to
protect public health and address climate change. The plan defines a vision for
transitioning the region to a post-carbon economy so that the region can meet
identified GHG reduction targets for 2030 and 2050. Specific to all-electric buildings,
the plan addresses ways to accelerate low carbon buildings, eliminate methane
leaks, increase building energy efficiency, and convert space and water heating in
buildings to all-electric.21
18 www.leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB3232
19 www.energy.ca.gov/sb100
20 www.nrdc.org/bio/merrian-borgeson/governor-signs-sb-1477-delivers-clean-homes-californians
21 www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-
final-cap-vol-1-pdf.pdf
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BAAD Rules 9-4 and 9-6 Amendments (March 2023): BAAD adopted amendments
to appliance rules 9-4 and 9-6 which govern nitrogen oxide (NOx) emissions from
fan type residential central furnaces and gas-fired boilers and water heaters. The 9-
4 rule changes aim to lower the NOx emission limits in central furnaces in the short
term and expand applicability of the rule to include non-residential settings. The
rule bans the purchase of NOx emitting water heaters (i.e. gas water heaters) in the
BAAD territory for residential buildings or standard commercial and industrial
spaces starting in 2027. The ruling also bans the purchase of NOx emitting furnaces
(i.e. gas burning furnaces) starting in 2029 with a ban on the purchase of NOx
emitting larger commercial water heaters beginning 2031.22
3.3 California Jurisdictions with Adopted All-Electric
Building Plans
While state and regional policies help support transitioning existing buildings to be all-
electric, local government policy actions also have a key role in shaping future State and
regional policy. This includes the adoption of local codes that either encourage or
require buildings to become all-electric as well as other actions, such as the adoption of
a local plan or initiative to reduce GHG emissions from existing buildings. Provided
below are some of the jurisdictions in California that have already adopted these types
of plans or policies that support this effort.
Alameda: The City of Alameda adopted an Equitable Building Decarbonization Plan
in January 2023. The plan presents a phased approach to shifting existing buildings
from gas to all-electric in alignment with the City’s climate, equity, and housing
efforts.23
Berkeley: The City of Berkeley adopted an Existing Building Electrification Strategy
in November 2021. This plan lays out research and recommendations to transition
gas appliances in existing buildings to all-electric alternatives to benefit all residents,
especially members of historically marginalized communities.24
22 www.baaqmd.gov/rules-and-compliance/rule-development/building-appliances
23 www.alamedaca.gov/files/assets/public/city-manager/documents/building-electrification/building-decarb-
plan_jan-2023_final.pdf
24 www.berkeleyca.gov/your-government/our-work/adopted-plans/berkeley-existing-buildings-electrification-
strategy
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Half Moon Bay: In February 2022, the City of Half Moon Bay adopted an ordinance
requiring all gas lines to be capped or decommissioned in existing buildings by
2045.25
Piedmont: In October 2021, the Piedmont City Council adopted a Reach Code
Ordinance that requires electrical panel replacement to include sufficient capacity to
allow for the transition to all-electric appliances.26
San Jose: The City of San Jose launched the Electrify San Jose: Framework for
Existing Building Electrification in May 2022. The plan includes strategies to
encourage and expand awareness of and access to existing incentive programs for
homes and businesses to become all-electric.27
San Mateo: In November 2022, the City of San Mateo adopted a Reach Code
Ordinance that includes a variety of requirements related to increased electric panel
capacity to prepare for future electrification, the installation of electric-readiness
outlets in kitchen and laundry renovations, the installation of heat pump air
conditioning and water heaters, and the prohibition of new gas infrastructure for
outdoor equipment.28
Santa Monica: The City of Santa Monica released a high-level Existing Building
Electrification Roadmap in February 2023. The plan includes a building stock
inventory, an analysis of the associated costs, and it outlines policy options to
convert existing buildings to all-electric with a focus on equity.29
25 www.half-moon-bay.ca.us/761/Building-Electrification
26 www.piedmont.ca.gov/services___departments/planning___building/about_building_/reach_code_information
27 www.sanjoseca.gov/home/showpublisheddocument/90625/638017000335100000
28 www.cityofsanmateo.org/3363/Reach-Codes
29 www.santamonica.gov/press/2023/02/27/city-of-santa-monica-releases-existing-building-electrification-
roadmap
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3.4 Contra Costa County Programs and Plans
The actions taken by the County to reduce GHG emissions started in 2005 with the
Contra Costa County Climate Protection Report, which presented the County’s first GHG
emissions inventory. In 2015, the County adopted its first CAP, laying the groundwork
for future and ongoing efforts to reduce GHG emissions in the unincorporated County.
The County’s current CAAP includes additional strategies to retrofit existing buildings
and facilities to reduce energy use for conversion to low-carbon or carbon-neutral fuels.
Below are County specific policies, programs, and plans that support this effort.
Building Ordinance Reach Codes: In January 2022, the County BOS approved an
All-Electric Buildings Ordinance (Ordinance No. 2022-02), also known as a reach
code, because it requires more stringent standards than that of the state, requiring
all new construction of residential, office, retail, and hotels to be all-electric. On
February 27, 2024, the County BOS suspended its All-Electric Buildings Ordinance
because of a decision on January 2, 2024, by the U.S. Court of Appeals 9th Circuit that
invalidated the City of Berkeley ordinance that prohibited gas infrastructure in new
buildings. The court held that the federal Energy Policy and Conservation Act
(“EPCA”), a federal statute that regulates the energy efficiency of several consumer
products including water heaters, furnaces, stoves, and heating, ventilation, and air
conditioning (HVAC) systems, precludes cities and counties from adopting
ordinances that prohibit the installation of gas plumbing in buildings.30 To ensure
the County could meet its CAAP goals, on October 1, 2024, the County BOS adopted
Ordinance 2024-17 which amends the County’s energy code to require higher
energy efficiency for new residential and commercial construction.
Contra Costa County Asthma Initiative (2019 – 2023): The Asthma Initiative was
developed through a technical assistance grant provided by Green and Health
Homes Initiative (GHHI), in coordination with Contra Costa Health Services (CCHS),
the County Weatherization Program, The Association for Energy Affordability (AEA),
BayREN, and MCE (the County’s community choice energy provider) to develop a
business plan to implement a comprehensive home-based asthma program. After
completion of the business plan in late 2019, CCHS was awarded grant funding from
the Sierra Health Foundation (on behalf of the State’s Health Division) and BAAD to
implement and administer the Contra Costa Asthma Initiative. Program services
include an assessment of the home to identify the primary asthma triggers and
establish a remediation scope, including asthma trigger remediation, and energy
efficiency and weatherization services to lower utility bill costs and improve comfort
in the home. Program grant funding for this project ended in 2023., The County is
30 https://www.contracosta.ca.gov/8536/All--Electric-Buildings
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exploring how to implement a similar program on a long-term basis through the
County’s Health Plan or other funding sources.31
Contra Costa County Weatherization Program: The County weatherization
program is a federal and state funded program designed to assist low and/or fixed
income homeowners and renters in making their homes more energy efficient. The
program provides a home evaluation and overview of potential energy efficiency
measures needed, as well as gas appliance testing, at no cost to determine whether
the test appliances are operating properly and safely. Core energy efficiency
measures offered by the program include building envelope improvements and
monitoring equipment such as programmable thermostats and carbon monoxide
detectors. Gas appliances in the home that fail inspection are either repaired or
replaced, potentially with an electric replacement.32
PeakFLEX Demand Response Program: In 2022, the Board approved participation
in MCE’s PeakFLEX Demand Response program for County facilities. The program
incentivizes building-level electric load shifting and shedding during critical times of
peak energy demand in California. The County successfully implemented a Demand
Response strategy the Summer of 2022, when the California Independent System
Operation called 9 consecutive “Flex Alert” days. By participating in the program, the
County reduced electric usage across 20 office facilities by adjusting each building’s
operating hours, which in turn provided critical relief to California’s burdened
electric grid. The County received a program incentive of $15,000 on top of an
estimated $3,000 utility bill cost reduction. The County will continue to participate in
the program and increase the number of Demand Response tactics employed.
Strategic Energy Management Program: In 2022, the BOS approved participation
in MCE’s Strategic Energy Management program. The program incentivizes any
measured or modeled energy savings resulting from County actions taken to reduce
energy use in County buildings. The County Public Works Department is working
with program implementers and County consultants, to draft a comprehensive
Strategic Energy Management (SEM) program to govern, manage, report, and
evaluate energy use from County operations. County SEM program strategies will
reflect all Board-approved energy-related plans and initiatives through proactive
management and continuous improvement.
Strategic Energy Management Plan: In January 2025, the BOS adopted the 2025-
2035 Strategic Energy Management Plan for the County. This plan serves to direct
and organize the County’s energy investments to be aligned with the newly adopted
31 www.greenandhealthyhomes.org/publication/contra-costa-asthma-initiative/
32 www.contracosta.ca.gov/4336/Weatherization
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Envision 2040 General Plan, CAAP, and other County plans, track performance
related to energy investment at County facilities and promote stakeholder
engagement both internally and externally.
Local Energy Efficiency Pilot/Rebate or Grant Programs: The County routinely
obtains outside funding from other agencies or grants to implement various small
scale energy efficiency programs throughout the County. Below is a list of the
current programs being offered/administered by the County:
• Energy Efficiency Conservation Block Grant: Federal Department of Energy
grant that allocates approximately $200,000 to provide one-time funding for
energy efficiency and all-electric building upgrades for home-based childcare
facilities in impacted communities in unincorporated County.
• Pinole Energy Enhancement Rebate Program
• Bay Point / Pittsburg Energy Enhancement Pilot Program
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4.0 Building Inventory Analysis
A comprehensive building inventory analysis is needed to enable the County to identify the
specific building types that are less complex and costly to transition to all-electric and
better understand the barriers to a cost-effective transition for all-electric buildings in the
County.
The initial building inventory analysis conducted in this report focuses on residential
buildings, which comprise a majority of building use types in unincorporated Contra Costa
County. The analysis includes the number of residential structures, residential building
vintages, and square footage of these buildings. Maps were also created to highlight the
existing makeup of home building types in the County’s most impacted communities,
referred to by the State as “disadvantaged communities” (DACs), as defined by Senate Bill
(SB) 535. The specific impacted community maps can be found in Appendix A. Below is a
summary analysis of the existing residential building landscape in unincorporated County.
For unincorporated Contra Costa County, there are approximately 51,715 residential
structures, with over 90 percent identified as single-family homes. The remaining
residences, which include smaller multifamily housing like duplexes, triplexes, and
quadplexes alongside the typical 5+ unit multi-family buildings, account for less than 10
percent of the remaining housing stock. A detailed summary of this is provided in Table 4-1
on Page 22.
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Table 4-1 Residential Building Types
Building Typologies Total Buildings
Figures 4-1, 4-2, and 4-3 below divide the age of homes built in unincorporated Contra
Costa County into the following four categories: (1) pre-1978, (2) 1978-1991, (3) 1992-2010,
and (4) 2011-present. These building age ranges were selected because they are often
used in evaluating cost-effectiveness for existing energy efficiency programs operating
throughout the State.
The year homes were built varies depending on housing type. For single-family homes, 56
percent were constructed prior to 1978, 22 percent between 1978-1991, 18 percent
between 1992-2010, and only 5 percent in 2011 or later. Like single-family homes, the
majority of duplexes, triplex, and quadplexes in the unincorporated County were
4-1 4-2
Figure 4-3
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constructed before 1978, accounting for 91 percent of all structures in this housing
category. Of the multi-family housing in the unincorporated County, only 12 percent was
built before 1978, with most of the multifamily housing, 71 percent, being built between
1978-1991. Multi-family homes built between 1992-2010 account for roughly 6 percent and
homes built after 2010 account for less than 1 percent.
Another criterion used in this preliminary building inventory is the home’s square footage,
or total living area (TLA). Figure 4-4 below shows the breakdown of single-family homes by
the TLA as well as when the homes were built and how many were constructed. For homes
that were built prior to 1978, 52 percent are 1,500 sq ft or less and 48 percent are between
1,500 sq ft and 4,999 sq ft. Homes built post-1978 generally fall in the 1,500 – 4,999 sq ft
category with homes of this size built between 1978-1991 at 71 percent, homes built
between 1992-2010 representing 82 percent, and homes built after 2011 representing 86
percent.
The year, size, and type of homes built are all important factors in determining an
approach to what types of homes should be targeted first for conversion to all-electric.
These factors help with understanding what the building requirements are based on the
age of the home, the expected electrical panel size and needs for upgrading if the home
were to be made all-electric, as well as other barriers for certain building ages that may
make it difficult for specific home configurations to make an all-electric transition.
Additional analysis is needed to determine what building configurations are best suited for
a cost-effective all-electric retrofit. A more detailed building inventory will also need to be
conducted for other building types (i.e., commercial, and industrial buildings). This is
especially important for specific impacted communities, such as North Richmond, Bay
Point, Pacheco, Rodeo, and Vine Hill.
4-4
13,639 12,839
76
3,003
8,542
423934
6,883
56859
1,847 235
0
5000
10000
15000
1-1,499 sq ft 1,500-4,999 sq ft 5,000-14,999 sq ft
Residences by Total Living Area (TLA)
TLA by Year Built Pre-1978 TLA by Year Built 1978-1991
TLA by Year Built 1992-2010 TLA by Year Built 2011-Present
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5.0 Cost Analysis
A key component in determining the feasibility of transitioning existing buildings to all-
electric is cost. There are various factors that impact cost, such as the cost of the new
equipment, operational costs, and other unique factors.
Since the mid-1900s, domestic appliances
have been commonplace in homes. These
appliances include water heaters, gas
furnaces, clothes washers, clothes dryers,
and cooking stoves. Historically, both gas
and electricity have been used as a fuel
source for home appliances with some
appliances, such as a gas furnace,
requiring both to operate. However, in
recent years, more options for all-electric appliances
have become available. To adequately prepare for this
transition, an in-depth cost analysis specific to the
County’s geographic region is needed. This will inform
the County on what resources may be needed or
could be provided to better support a cost-effective
all-electric transition that retrofits existing buildings
and facilities to reduce energy use for conversion to
low-carbon or carbon-neutral fuels. Specific
information is needed on the cost differences
between new gas and new electric appliances, the
motivation of homeowners to stay with gas appliances
or embrace all-electric appliances, and how incentive
programs influence the cost of this transition.
Capital cost and operating costs of appliances also impact the overall cost of transitioning
existing buildings to all-electric. Operating costs are influenced by utility rates, the
efficiency of the appliance(s), heating and cooling loads, and resident behavior. Conducting
a comparative analysis on the utility rates for gas versus electricity (including time-of-use
rate programs) and the efficiency of the appliances would allow a better understanding of
the benefits of all-electric buildings. Insufficient building insulation and inefficient
appliances can also make it more costly to operate due to the space not retaining the
desired temperature as well as resulting in more frequent heating and cooling appliance
use.
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Capital cost considerations that are specific to transitioning a building to be all-electric are
the home’s wiring configuration, the capacity of the electrical panel, and the addition of
solar panels and battery storage. Though not all homes will require an upgraded electrical
panel and wiring, most will likely need to be replaced because most single-family homes in
the unincorporated areas of the County were constructed prior to 1978, when the building
code was first adopted. The cost of needing a panel upgrade is expected to be a substantial
barrier for transitioning buildings to be all-electric. Solar panels and battery storage
present a different challenge because these additions are not required for a home to
transition to all-electric. However, when paired with all-electric appliances, solar panels and
battery storage result in higher energy cost savings. Like electrical panel and wiring
upgrades, there are few incentives for solar and most of the available incentives are
financing programs, which are less accessible to residents of impacted communities.
It will also be important to understand whether and how locally generated clean energy
with battery storage, such as rooftop solar or community scale solar, could benefit County
residents and businesses, both in terms of reducing air pollution and stabilizing energy
costs.
To better understand how all these variables impact the cost of transitioning a home to be
all-electric, a comprehensive study will need to be conducted. A cost study will also be
needed for other types of buildings, such as commercial and industrial.
6.0 Funding and Financing Opportunities
Funding and financing opportunities will need to be leveraged to assist property owners
with the cost of upgrading gas equipment to all-electric equipment. Understanding what
funding opportunities are available to property owners, the incomes to which they are
applicable, and the type of buildings that qualify are important considerations to determine
where gaps in resources exist and where additional funding or resources need to be
prioritized.
Below is an overview of the current rebate opportunities, tax credits, and financing
mechanisms available for property owners located in unincorporated Contra Costa County
that support or assist with converting buildings to be all-electric. Using these existing
resources will be very important to determine where resources should be prioritized to
meet the County’s all-electric building(s) goals. The County may also determine if it wishes
to develop its own financing program to assist its residents.
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6.1 Rebate Opportunities
There are numerous rebate programs available that will reduce the cost of transitioning
existing buildings to all-electric. These programs come from both the State and regional
level and apply to a variety of appliance upgrades and energy efficient retrofits. This
section includes an overview of the programs that are currently available.
Bay Area Regional Energy Network (BayREN)
BayREN is a network of local governments consisting of the nine Bay Area counties that
work in collaboration to promote energy and water efficiency with the goal of reducing
greenhouse gas emissions. BayREN is funded by utility ratepayer funds through the
CPUC and led by the Association of Bay Area Governments (ABAG).
BayREN programs 33 provide the Bay Area with rebates, funding, technical assistance,
education and more. BayREN manages 10 programs spanning four sectors: residential,
cross-cutting, commercial and public sector.
TECH
The TECH Clean California 34 initiative works to accelerate the adoption of clean space
and water heating technology across California homes in order to help California meet
its goal of being carbon-neutral by 2045. TECH operates statewide and offers incentives
for HVAC systems and can be layered with other incentive programs such as BayREN.
Self-Generation Incentive Program (SGIP)
The SGIP program 35 provides incentives for customer-side battery storage installation
serving residential, small businesses, non-profit organizations, government agencies
and educational institutions. The program is regulated by the CPUC and administered
by the IOUs in California as well as the Center for Sustainable Energy (CSE), a non-profit
organization. Since its creation in 2001, the program has evolved to include provisions
that target low-income customers and disadvantaged communities as well as
communities with an elevated risk of PSPS events due to wildfires. In April 2022, the
program was expanded further to include incentives for heat pump water heater
(HPWH) installations with half of the $40 million allocated to be reserved for low-income
utility customers.36
33 www.bayren.org/how-we-work/our-programs
34 https://techcleanca.com/
35 www.cpuc.ca.gov/industries-and-topics/electrical-energy/demand-side-management/self-generation-incentive-
program
36 https://www.cpuc.ca.gov/industries-and-topics/electrical-energy/demand-side-management/self-generation-
incentive-program
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MCE
MCE became California’s first CCA
in 2010, procuring and providing
electricity produced by
renewable sources for the
County of Marin and its
jurisdictions. Since then, MCE has
expanded to Napa County, parts
of Sonoma County, and most of Contra Costa County, including 15 of the County’s 19
jurisdictions as well as the unincorporated County 37. In total, MCE provides service to
over 540,000 customers with Contra Costa County accounting for the largest portion. In
addition to serving as a clean energy provider, MCE offers a suite of customer programs
to incentivize local renewable energy development, grow the energy economy, and
support energy equity across its communities. The incentives offered through MCE
include energy efficiency and electrification retrofits for residential and commercial
properties, electric vehicles and charging, as well as workforce development programs.
MCE provides a wide range of resources 38for residential, commercial and industrial
buildings, as well as supporting workforce development and other offerings related to
the clean energy industry.
Pacific Gas and Electric (PG&E)
PG&E is the investor-owned utility that
provides gas and electricity to the San
Francisco Bay Area as well as a large
portion of northern and central California.
PG&E also provides various energy
efficiency programs and resources. Below
is a list with web links on information on
the PG&E energy efficiency program
offerings:
Energy Savings Assistance (ESA) Program 39: Free energy efficiency upgrades and appliance
replacement for low-income homeowners and renters living in a home that is at least 5
years old.
37 The City of Hercules has been approved for membership in MCE. The enrollment of Hercules is expected to occur
in spring 2025, after completion of regulatory approvals by the California Public Utilities Commission.
38 www.mcecleanenergy.org/explore-programs-and-offers/
39 www.pge.com/en/save-energy-and-money/energy-saving-programs.html
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Generator and Battery Rebate Program 40: In response to the increasing frequency of PSPS
events, PG&E has started offering a $300 rebate for the purchase of a qualifying
product (battery or generator) to prepare for power outages. An additional $200 rebate
is included if the customer participates in PG&E’s California Alternate Rates for Energy
(CARE) or Family Electric Rate Assistance (FERA) utility bill assistance programs.
Portable Battery Program 41: In response to the increasing frequency of PSPS events,
PG&E provides backup batteries for customers who rely on medical devices.
California Golden State Rebate
Program 42: The ratepayer-funded
California Golden State Rebate
program is authorized by the CPUC
and supported by the major IOUs in
California, including PG&E. The
program offers rebates (via
coupons) for HPWH and room air
conditioner installations.
40 www.pge.com/en/outages-and-safety/outage-preparedness-and-support/general-outage-resources/generator-
and-battery-rebate-program.html
41 www.pge.com/en/account/billing-and-assistance/financial-assistance/portable-battery-program.html
42 https://goldenstaterebates.com/
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6.2 Inflation Reduction Act Rebates and Tax Credits 43
The United States Government passed the Inflation Reduction Act in 2022 to curb
inflation and as one of the strategies, the legislation promotes clean energy through
rebates for energy efficiency retrofits as well as solar and EV charger installation.
However, the Federal government recently changed its priorities and intends to cancel
many or all of the rebates and tax credits listed in the table below for both single-family
and multi-family homeowners.
Measure Rebate Tax Credit
HP HVAC up to $8,000 30% of cost up to $2,000
HPWH up to $1,750 30% of cost up to $2,000
HP Clothes Dryer up to $840 N/A
Electric Stove up to $840 N/A
Building Weatherization up to $1,600 30% of cost up to $1,200
Electrical Panel Upgrade up to $4,000 30% of cost up to $600
Electrical Wiring up to $2,500 N/A
Home Energy Audit N/A 30% of cost up to $150
Battery Storage (2022-2023) N/A 30% of total cost
Solar Energy Systems (2022-2023) N/A 30% of total cost
6.3 Financing Options
For many property owners, particularly those located in Impacted Communities, it will
be a substantial financial burden to make any energy efficiency or all-electric building
retrofits. A transition to all-electric in all existing buildings will need to leverage existing
financing options as well as come up with other, more creative financing options.
Beyond the traditional lending options (i.e., home equity loan or personal loan), below
43 https://homes.rewiringamerica.org/calculator
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are additional financing options available for property owners and businesses to
transition their gas appliances to all-electric.
Tariff On-Bill Financing (TOBF)44: TOBF, or Inclusive financing, allows utilities to finance
clean energy upgrades for low- and middle-income households without dealing with
credit or income level issues. TOBF is similar to traditional on-bill financing except it
does not require the loan recipient to be approved by the utility or a third-party
financier for the loan. This enables utilities to provide capital for all-electric upgrades
and then recover their cost through a tariff added to the customer’s utility bill. The tariff
charge is tied to the service address as well as the upgrade made.
On-Bill Financing (Traditional)45: On-bill financing of retrofits enables non-residential
customers to obtain loans from their utility provider to fund the upfront costs of all-
electric and weatherization projects. The customer pays the loan back using cost
savings that result from the project. Once the loan is repaid, subsequent savings go
directly to the customer. PG&E offers on-bill financing with loans ranging between
$5,000 and $4,000,000 through its interest free loan program. PG&E also offers loans
smaller than $5,000 through the GoGreen Business Financing Program.46
GoGreen Home Energy Financing (GoGreen Home)47: The GoGreen Home program,
formerly known as the Residential Energy Efficiency Loan (REEL) program, is a statewide
loan program that provides incentives for homeowners to make home energy efficiency
improvements by offering a credit enhancement to mitigate the risk of default. These
credit enhancements essentially improve the credit risk of a borrower which in turn
improves the terms for repaying the debt. This allows participating lenders to offer
lower rates, higher loan amounts, longer payback periods, and a broader base of
borrowers. The program is available to single-family homes, condos, townhomes,
manufactured homes and duplexes, triplexes, and fourplexes. In early 2022, the Go
Green Home program partnered with the TECH initiative to expand the equipment and
associated costs that are eligible for credit enhancements through GoGreen Homes
based on fuel source. This partnership results in a streamlined pathway to all-electric
homes for California residents.
GoGreen Multifamily Energy Financing (GoGreen Multifamily)48: The GoGreen
Multifamily program provides financing options to eligible multifamily property owners
for energy efficiency upgrades. Financing types include leasing, equipment financing
44 www.aceee.org/toolkit/2017/02/bill-energy-efficiency
45 https://www.pge.com/en/save-energy-and-money/energy-saving-programs/energy-efficiency-programs-for-
businesses/energy-efficiency-financing.html
46 www.gogreenfinancing.com/smallbusiness
47 www.gogreenfinancing.com/residential
48 www.gogreenfinancing.com/multifamily
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agreements, and energy service agreements for existing properties. Eligibility is
contingent on the property having five or more units with at least 50 percent of the
units categorized as income restricted, the property must have a minimum of five years
remaining on the affordability covenant when qualified, and the property must receive
a gas or electricity bill from PG&E, or another participating utility.
Property Assessed Clean Energy (PACE)49: PACE programs are financing mechanisms
designed for residential and commercial properties to fund energy efficiency,
electrification, and renewable energy improvements. This includes, but is not limited to,
replacement and/or installation of HVAC system, solar panels, EV charging, battery
storage, as well as projects that improve seismic and wildfire resiliency. PACE is unique
from other financing mechanisms in that a PACE loan is tied to the property rather than
the individual. This means that when a home is purchased with an active PACE loan tied
to it, the new property owner is responsible for the loan payments. Contra Costa
County has approved four PACE financing providers to work with property owners in
unincorporated areas of the County.
Refundable Transfer Tax: A refundable transfer tax for converting to all-electric is a
financing mechanism that levies a refundable tax (typically run through a local
government incentive program) on the sale of a home for which the home buyer can
then be reimbursed upon the completion of a partial or full transition to all-electric.
Should the buyer decide not to make any upgrades that bring it closer to or fully
transition the home to all-electric, the home buyer will forfeit the tax refund.
Restructuring Permit Fees: The County collects permit fees for new construction,
additions, alterations, remodels, for any conversion or replacement of an electrical or
gas system, and more. An option would be to reduce the permit fees associated with
retrofits that improve energy efficiency and/or result in the replacement of a gas
appliance with an electric equivalent.
6.4 Existing Funding Models to Explore
Richmond Community Foundation (RCF) Model 50: In partnership with the City of
Richmond, the Richmond Community Foundation has developed a solution for
addressing blighted properties and barriers to home ownership through social impact
bonds from private capital to fund the rehabilitation of abandoned properties. These
properties are then advertised and sold to first time home buyers. Though this model
doesn’t directly address all-electric building retrofits, it does provide a potential
49 https://www.aceee.org/toolkit/2017/01/property-assessed-clean-energy-pace
50 https://rcfconnects.org/richmond-housing-renovation-program/
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framework for other jurisdictions to adopt and modify so that the homes that are
rehabilitated are outfitted to be all-electric. Identifying the potential impact of a
program of this nature will require an analysis to determine the frequency of property
types this program reaches in unincorporated Contra Costa County. This includes
properties that are abandoned or extremely dilapidated, properties that have
unaddressed code violations or significant tax delinquencies, and properties that have
defaulted on the mortgage.
RCF has partnered with MCE to enroll these homes in MCE’s Virtual Power Plant
program, enabling these newly renovated and all-electric homes to bolster grid
resilience as demand continues to rise.
Exploring the feasibility of implementing this financing model or others that are similar
will be important in supporting the County’s all-electric building(s) goals.
7.0 Centering Equity
Impacted communities exist throughout the County, however, the majority of the impacted
communities are concentrated along the Northern Waterfront and in East and West
County. In many cases, these communities consist of minority groups that have been
historically marginalized including Black, Latino/a/x, Asian, and Indigenous and
Communities of Color (BIPOC). Additionally, and oftentimes concurrently, the residents
living in these communities have limited income, live with a disability, are non-English
speaking, elderly, or part of the LGBTQ community.
To make our existing buildings be all-electric in unincorporated Contra Costa County we
will need to consider equity. Transitioning buildings to all-electric in these communities
presents an invaluable opportunity to improve on the inequities around housing that
persist in the County today. To address equity in this Roadmap we we will use the
Greenlining Institute’s definition of equity, which states that equity is “increasing access to
power, redistributing and providing additional resources, and eliminating barriers to
opportunitity, in order to empower low-income communities of color to thrive and reach
full potential”. This means that those living in impacted communities should have an equal
opportunity to experience the benefits of transitioning to all-electric such as health,
comfort, improved resilience, and economic benefits.
Communities in the County have varying needs and backgrounds and it will be important
to develop strategies and policies that are targeted for these varying needs. We must
determine how to integrate policies that prevent resident displacement, particularly when
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home improvments are made. This approach will consider the concept of Targeted
Universalism in the strategy and policy planning around this transition. Targeted
Universalism, as outlined in the Haas Institute Primer on Targeted Universalism 51, seeks to
establish a general policy goal while also identifying strategies to specifically address
impacted communities. This serves to ensure that both impacted communities and the
greater population stand to benefit from the established policy.
The Greenlining Institute’s Equitable Building Electrification Framework 52 outlined below,
serves as a framework to be used to engage the community on the County's all-electric
buildings approach. The Greenlining framework consists of five steps that are outlined to
serve as a guide for jurisdictions, such as the County, to ensure that community
engagement is equitable and supports the overall goal.
The Greenlining Framework
1. Step 1: Assess the Communities’ Needs.
This should include understanding the barriers preventing community members
from transitioning their homes to all-electric as well as the residents’ knowledge
around building electrification.
2. Step 2: Establish Community-Led Decision-Making.
Input and engagement from the community serves to strengthen the overall
program design quality by ensuring local buy-in and investment, and deliver
tangible local benefits rooted in the lived experiences of everyday people.
Partner with community-based organizations to develop a decision-making
process that ensures that decisions are based on community needs and
priorities.
3. Step 3: Develop Metrics and a Plan for Tracking.
Metrics should include both clean energy benefits like greenhouse gas
reductions and community benefits such as local hires and residents’ ability to
pay their energy bills without sacrificing other essential expenses.
4. Step 4: Ensure Funding and Program Leveraging.
Current low-income energy programs often fail to deliver maximum benefits to
all qualifying households due to short and unpredictable funding cycles, poor
program design that inadequately reaches qualifying customers, or lack of
coordination and integration with complementary programs.
51 https://belonging.berkeley.edu/targeted-universalism
52 www.greenlining.org/publications/equitable-building-electrification-a-framework-for-powering-resilient-
communities/
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5. Step 5: Improve Outcomes.
Using the tracking and metrics plan described above, ensure that there is a
continuous feedback loop to improve current and future programs’ reach and
impact in Environmental and Social Justice Communities. Consider adjustments
to ensure the program reaches the people it seeks to reach and delivers the
intended benefits.
7.1 Community Engagement Approach
Using the Greenlining Framework as a guide, the County should develop a strategy for
working with communities that build trust with all stakeholders who may be involved in
an all-electric transition. Community engagement efforts should be transparent and
place emphasis on co-creation throughout the process.
Preparing for Community Engagement
Understanding Community Level Data: Prior to working with the community, staff will
review information and lessons learned from recent development of the 2045 Contra
Costa General Plan to better understand the composition and geographic distribution
of all communities. This will include data on socio-economic demographics as well as
burdens faced by communities such as air quality, climate resilience, and energy costs.
Determine Key Issues: Through activities such as literature review and policy analysis, a
building inventory assessment, meeting with technical experts and community
members, and consultation of the specific community profiles developed in the
County’s Envision 2040 General Plan, the County can build its understanding of the
most pressing issues communities face as they work to make the existing building stock
all-electric.
Establish Relationships with Community-Based Organizations (CBOs): The role of CBOs
in engaging the community cannot be understated. CBOs will provide an invaluable
perspective about the communities with which they work. CBOs can help convey the
financial and economic needs, the social and human assets, and the values of the
community, providing an understanding of the power dynamics within the community.
Consider Establishing a Steering Committee: A steering committee or working group
composed of members who understand the function and capabilities of the community
engagement process can help ensure the process continuously leads to positive
outcomes.
Work With Community Stakeholders Prior to Engagement Process: It is important that
the all-electric building strategy is developed in collaboration with the community to
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develop strategy. This requires working with stakeholders to establish a mutual
understanding and metrics for assessing goals and potential strategies and establishing
recommendations. Community engagement should prioritize working with community
leaders to define as many relevant community partners and stakeholders as possible to
ensure that all community groups, especially impacted groups, have a voice in planning
the strategy.
Proposed Community Engagement Process
Engage the Community through Community-Based Organizations (CBOs): The initial
stages of community engagement will focus on educating the public on the County
plans around all-electric buildings for existing buildings. This would include an overview
of the benefits of having buildings be all-electric. CBOs would serve as a bridge between
local government and community groups and members who are best positioned to
provide input, feedback, or assist with the initial outreach efforts in coordination with
the County. CBOs can set up meetings with community leaders and other groups,
especially those representing impacted communities, to build trust. Because the County
will be requesting feedback from community members, providing compensation for
their time through use of stipends is critical to the success of the effort. County staff
should work to identify funding mechanisms to cover this cost, either through grant or
County funding.
These meetings can also serve as a place for feedback on the County’s goal to reduce
greenhouse gas emissions from existing buildings as well as provide direction on how
to reach the broader community at-large. Department of Conservation and
Development staff will work to explore partnerships with all other County departments
in developing the outreach strategy, such as the Office of Racial Equity and Social
Justice, the County Health Department, and the Employment and Human Services
Department.
As the CBOs work with the County on initial outreach to communities, the County will
connect with other stakeholders. These should include, and are not limited to, unions
such as the Electrical Workers Union (IBEW Local 302) and the Plumbers and
Steamfitters Union (Local 159), environmental organizations like 350 Contra Costa, the
East Contra Costa Community Alliance, Rising Juntos, and Rising Sun, community
colleges, faith organizations, and other similar groups.
Acknowledge and Understand Community Feedback: As communities become
informed about the benefits of all-electric buildings and trust is established between
the communities and the County, feedback will be gathered from the community on the
opinions and concerns related to this transition. In addition to receiving community
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feedback, the County will explore other options for this type of transition, including
alternative pathways for making buildings all-electric.
To help bolster widespread community comprehension and increase community
participation, the County will look at ways to host educational workshops and use focus
groups to help inform community members on all-electric technology, available
incentives, and the health and safety benefits of having buildings be all-electric.
County and Community Co-Create Draft Strategy: A co-created draft strategy should be
developed for strategically engaging with specific community groups on the barriers
and other considerations that need to be contemplated in working to transition
buildings in their community to be all-electric.
7.2 Workforce Development
Transitioning our buildings to be all-electric in the County is an opportunity to increase
the number of high-quality jobs that pay a living wage. Making buildings all-electric will
require one or more specialized tasks such as building weatherization, replacement of
appliances, electrical panel and wiring upgrades, energy efficiency upgrades, and/or
battery backup and solar photovoltaic (PV) power. This transition can lead to the
creation of more high-quality job opportunities which will in turn necessitate a trained
workforce. It will also require a focus on maintaining the existing contractor pool by
continuing to provide resources and training through programs like BayREN.
To address the eventual need for more trained contractors, coordination will be needed
with the Workforce Development Board of Contra Costa County (WDBCCC) and the
Contra Costa County Department of Conservation and Development’s Economic
Development team on outreach to local trade schools, leveraging existing relationships
with community colleges that provide information on pathways to becoming trained to
work on transitioning buildings to be all-electric. Coordinating this effort should also be
integrated into the Economic Development team’s work around the County’s Just
Transition to an economy that is less reliant on fossil fuels.
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8.0 Facilitating an Equitable Transition
Moving to all-electric buildings includes a number of issues that must be resolved if the
transition is going to be equitable for all County residents. Those issues are described
below.
Electrical Panel Capacity and Wiring: Electrical
panel capacity can be a significant barrier to cost-
effective all-electric buildings. Existing residences in
unincorporated areas vary widely by vintage and
oftentimes lack sufficient capacity to accommodate
newer all-electric appliances. Homes of average size
built in the 1980s are typically equipped with 200-
amp service, the minimum service level currently
required for new home construction. Whereas
homes built prior to the 1980s may be outfitted with
any number of panel sizes, such as 100-amp or 60-
amp service, depending on the year the home was
built or if the home has had any significant
upgrades. As shown in this report, the housing
stock in the unincorporated county, which consists
of 93 percent single-family homes, most of which
were built prior to 1978. This indicates that over half
of the existing single-family homes could require
panel upgrades.
Wiring is also a factor that presents a challenge for transitioning buildings to be all-electric.
When designing electrical systems for homes, 240-V outlets are often only located where
they’ll be needed; historically limited to clothes dryers and in some cases for electric stoves.
This has resulted in the majority of homes being insufficiently equipped to successfully
transition homes to be all-electric. For this transition, many homes will need to have
rewiring work completed to accommodate the newer appliances that require 240-V outlets.
This will increase the cost burden. As the County explores pathways for a cost-effective all-
electric building(s) transition, high priority must be given to mitigate the challenges around
electrical panel and wiring upgrades.
The cost of an electric panel upgrade and associated rewiring may be the most significant
barrier to making homes all-electric in the County. Determining how best to upgrade an
electric panel that minimizes the impact on the overall electric grid capacity needs to be
considered in evaluating the best approach to transitioning buildings to be all-electric.
Strategies for load shifting also need to be considered, such as on-site solar and battery
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storage, so energy be stored and used during peak energy demands to help reduce the
impact on the overall grid and mitigate the need for panel upgrades.
On-site Solar Photovoltaic (PV) and Battery Storage: Barriers for installing solar PV and
battery storage impact low income
and impacted communities more
than the broader community. The
largest barrier is cost, as solar PV
requires high upfront cost if paying
out of pocket or a relatively high
credit score to access financing
options. Furthermore, there is a
lack of incentives available for low-
income and impacted communities
for on-site solar PV and battery
storage. Another common barrier
is that low-income and impacted
communities often face issues
around site suitability, which also impacts cost. Roofs oftentimes require repair or
replacement before solar PV can be installed and the electrical wiring and panel of a home
may need to be upgraded, as described above. In the case of renter-occupied properties,
renters lack the decision-making authority to initiate investments in solar PV and battery
storage.
To overcome these barriers the County will need to explore creative solutions. One
approach and promising example of a creative solution is the EnergyScore risk indicator 53
developed by Stanford University, the Massachusetts Institute of Technology (MIT), and a
community solar company, Solstice, designed to provide an alternative metric to predict a
customer’s future payment behavior more accurately than the FICO credit score, which is
the current standard. Rather than focusing on a customer’s overall credit history,
EnergyScore utilizes the customer’s utility bill payment history to gauge future payment
history, thereby ensuring that potential customers with lower FICO scores are not
automatically disqualified from financing. In addition to removing the barriers to those
without exemplary credit scores, this model also could enable utility companies to
consolidate the utility bill with community solar repayment so that the customer would
only receive one bill and would be less likely to default on the financing payments for solar
PV.
53 https://www.uschamber.com/assets/documents/gei/IESRI-Report_2020_4_20_20.pdf
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Another option is facilitating community-scale solar projects with battery storage, rather
than projects on individual rooftops. Community solar projects are defined by the U.S.
Department of Energy as:
…any solar project or purchasing program, within a geographic area, in which
the benefits flow to multiple customers such as individuals, businesses,
nonprofits, and other groups. In most cases, customers benefit from energy
generated by solar panels at an off-site array.
Community solar customers typically subscribe to—or in some cases own—a
portion of the energy generated by a solar array and receive an electric bill
credit for electricity generated by their share of the community solar system.
Community solar can be a great option for people who are unable to install
solar panels on their roofs because they are renters, can’t afford solar, or
because their roofs or electrical systems aren’t suited to solar. 54
Community solar projects, paired with battery storage for backup, may be a more efficient
and cost-effective option for providing solar energy in unincorporated areas of the County.
Displacement and Tenant/Landlord Constraints: As the County creates a strategy to
transition existing buildings to all-electric, it is important to ensure that retrofits don’t
displace renters or homeowners. Any strategy or policy addressing all-electric conversion
of existing buildings should develop strategies to support housing preservation and tenant
protections. Property owners of single family and multifamily buildings encounter
numerous obstacles when transitioning buildings to be all-electric. These obstacles are
highlighted in the American Council for an Energy-Efficient Economy’s (ACEEE), Energy
Equity for Renters Toolkit 55, and include,
• Lack of awareness or knowledge
• Lack of resources
• Deferred Maintenance
• Split Incentives
Addressing these barriers is paramount in the overall effort to transition our existing
building stock to all-electric. Staff should explore strategies for addressing the
tenant/landlord dilemma that are being deployed in other jurisdictions to determine their
feasibility as a strategy in Contra Costa County.
54 https://www.energy.gov/eere/solar/community-solar-basics
55 www.aceee.org/toolkit/2022/11/energy-equity-renters-toolkit
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Ensuring Energy Reliability: With the increase of electric appliances in homes and
businesses, it is anticipated that communities in Contra Costa County will become more
dependent on the electrical grid. The California electrical grid, operated by the CALISO,
delivers over 239 million megawatt hours (MWh) per year to approximately 30 million
consumers.56 The grid operates under a delicate balance. Because electricity is difficult to
store, the grid must maintain a balance that ensures that electricity consumption matches
electricity production as closely as possible. Increasing the number of all-electric homes will
strain the grid while utility companies and energy providers work to build capacity. For this
reason, communities throughout the County and beyond will need to take steps to make
homes more energy efficient to help to reduce power disruptions.
As Contra Costa County pushes forward to transition its existing building stock to all-
electric to meet its CAAP target goal of carbon neutrality by 2045, the County must take
actions to better insulate itself from the potential of an unreliable grid. These actions will
need to focus on multiple areas including minimizing demand on the grid from our building
stock to the greatest extent feasible, enhancing the energy resilience of the building stock,
developing policies and programs that support grid stability and increase renewable
generation, as well as partnering with regulatory agencies, utility companies, and other
government agencies at the local, regional, and state level.
Minimizing demand on the grid from our building stock is necessary for maintaining grid
stability and energy reliability to residents in the County. As more buildings transition to all-
electric, energy efficiency, building envelope improvements, and load management will
become increasingly important strategies. Homes transitioning to all-electric should be
outfitted with high-efficiency appliances and building envelope improvements such as wall
and attic insulation, multi-pane windows, and air sealing to minimize energy loss. Residents
will also need to shift energy use habits to avoid drawing from the electrical grid during
peak demand periods which generally run from 4:00 p.m. to 9:00 p.m. and shift the use of
operating high energy use appliances such as clothes dryers and electric vehicle charging
during off-peak times.
Local utility companies, community choice energy providers, and others play an important
role in shifting consumer behavior by offering demand response programs like the Power
Saver Rewards Program offered by PG&E, which provides consumers with credit to their
bills for minimizing energy consumption during peak demand periods or the SmartAC
56 https://www.caiso.com/about/our-
business#:~:text=We%20identify%20regional%20grid%20reliability,yield%20economic%20benefits%20for%20cons
umers.
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device that remotely shifts air conditioning use to off-peak times to reduce strain on the
grid.57
Building resilience through DER is another strategy for maintaining overall grid stability and
improving energy reliability for residents. DER consists of small, modular, energy
generation and storage technologies that provide electric capacity such as solar panels,
battery storage, and electric vehicles.58 Installing solar panels on homes reduces the
demand on the grid during peak times and when paired with battery storage provides the
added benefit of allowing homes to maintain power, even during power loss events due to
extreme heat or weather. DER can also help to build out the infrastructure for Virtual
Power Plants (VPP) which consists of a collection of small-scale energy resources that, when
aggregated together and coordinated with grid operations, can provide added grid
reliability.59
Developing programs to support energy efficiency and DER will be necessary to realize the
full benefit of these strategies. Contra Costa County offers several programs that help
support grid reliability and energy resilience. The state and federal funded weatherization
program offers free energy efficiency improvements to low-income renters and property
owners. The County also partners with BayREN to promote energy efficiency through
rebates and no-cost technical assistance for single-family and multifamily properties. MCE,
the County’s community choice energy provider, offers similar incentive programs for
properties in its service area which includes much of Contra Costa County along with parts
of Marin, Napa, and Solano Counties. These programs will help residents in the County to
improve efficiency in their homes, however, this alone will not ensure grid reliability as the
building stock increasingly becomes more electric. The state will need to continue to
support local governments by establishing policies and programs that promote continued
energy efficiency and DER retrofits in our building stock. In 2022, California established the
Community Energy Resilience Investment (CERRI) Program to fund projects that bolster
grid reliability. One of the CERRI program goals will be to reduce the frequency and
duration of power outages as well as strengthen communities’ ability to function during
these outages.60 Grant funding is currently available for electric grid operators, electricity
storage operators, electricity generators, transmission owners or operators, distribution
providers, and fuel suppliers.
As Contra Costa County and other jurisdictions across the State continue to promote
transitioning to all-electric in their communities, ensuring that the grid has the capacity to
57 www.pge.com/en_US/residential/save-energy-money/savings-solutions-and-rebates/demand-
response/demand-response.page
58 www.nrel.gov/docs/fy02osti/31570.pdf
59 www.rmi.org/clean-energy-101-virtual-power-plants/
60 www.energy.ca.gov/programs-and-topics/programs/community-energy-resilience-investment-ceri-program
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handle the added demand is paramount. At the local level, this will require local
governments to develop and implement policies and programs that further support energy
efficiency and DER upgrades in our communities. However, ensuring a reliable grid goes
beyond local governments. The state must act as a leader in this effort by continuing to
establish higher emission reduction targets while also developing policies and programs
that help to mitigate the challenges involved, notably maintaining grid reliability.
9.0 Policy Options and Other Strategies
There are many local policies and approaches that other jurisdictions have implemented to
make or encourage buildings to transition to all-electric. Most policy actions taken include
the adoption of a local ordinance to establish mandates for all-electric retrofits based on a
specific action being taken by a property owner. This includes:
• Time of Major Renovation – Requires homeowners to replace gas appliances with
the electric equivalent when performing major home renovations.
• Time of Burnout – Requires homeowners to replace end-of-life gas appliances with
the electric equivalent.
• Point of Sale – Requires home sellers and/or buyers to retrofit the home to be all-
electric at the time of sale.
Ordinances with these types of actions have been implemented in other jurisdictions
within the San Francisco Bay Area. The most widely utilized policy adopted is an ordinance
that requires gas appliances/equipment to be replaced with all-electric equipment at the
time of major renovation, which has been successfully adopted in numerous counties and
cities in the region. This includes the City and County of San Francisco, the County of Marin,
the City of Alameda, and the City of Palo Alto.
While these policy actions have been successful with other jurisdictions, it is not
recommended that they are considered due to a decision from the U.S. Court of Appeals
9th Circuit in January 2024, that precludes cities and counties from adopting ordinances that
prohibit the installation of gas plumbing in buildings. Some jurisdictions have responded
with implementing more stringent energy efficient building code requirements instead of
mandating that gas appliances be replaced with all-electric appliances. However, similar to
what the County has done, this approach is more widely used only for new construction
projects.
Neighborhood-wide gas infrastructure decommissioning is a strategy being looked at by
local governments with their local utility. The process involves identifying sections of the
Clean Energy Roadmap for Existing Buildings Page 43
Draft to Consider for Approval | November 4, 2025
gas distribution system that are more cost-effective to remove from use. These buildings
would be converted to all-electric. The primary advantage of this approach is that it is the
most efficient method for transitioning homes to all-electric and in certain circumstances
can be very cost-effective for the utility to implement. Rather than continuing to maintain
the gas pipeline system, the utility can instead invest those funds in other ways to make the
grid more reliable.
The State in 2024 directed the investor-owned utilities to conduct up to 30 pilots statewide
that remove gas lines, rather than replace them, and instead convert those neighborhoods
to all-electric (SB 1221). The California Public Utilities Commission is in the process of
determining which neighborhoods will be eligible for potential participation in this
program, and how the program will operate (Rulemaking 24-09-012). The County is a party
to this proceeding, with a focus on monitoring opportunities for neighborhoods in Contra
Costa County to potentially participate in the SB 1221 program, coordinating with the
eligible County Supervisorial district(s), and advocating for including appropriate
neighborhoods in Contra Costa County in a manner that will benefit residents.
Coordination with the County’s local utility, PG&E, and CCA, MCE, will be necessary to
leverage all available resources to develop an approach within the County to implement
neighborhood-wide gas infrastructure decommissioning. Incentivizing Incremental
improvements to reduce reliance on gas, such as changing out specific appliances when
they wear out, is also likely to be a more realistic option for removing gas infrastructure
from existing buildings. Additional research and coordination will be needed to determine
the best feasible approaches for the County.
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10.0 Next Steps
Transitioning the existing building stock to be all-electric is a complex issue. Most of the
approaches used only address a portion of the issue. To meet our CAAP goals, the County
will need to implement additional initiatives that both align and compliment state and
regional efforts. To help support this work, below are recommended actions for staff to
either explore or implement to support the use of low-carbon or carbon-free appliances for
existing buildings.
10.1 Action Items and Recommendations
Outreach and Engagement
• Develop a thoughtful community outreach and engagement strategy that centers
equity in the process. Outreach and engagement should educate residents about
the benefits of all-electric buildings. Leverage regional programs like BayREN for
outreach and education, as appropriate. The preliminary work done in this
Roadmap should serve as a framework for engaging with impacted communities
throughout the County.
• Work with the County’s Economic Development team on outreach to local trade
schools, leveraging existing relationships with community colleges that provides
information on pathways to becoming trained to work on transitioning buildings to
be all-electric.
Additional Analysis
• Expand on the preliminary building inventory. This should include a more
comprehensive inventory that accurately reflects the distribution of homes by type
and vintage so that these can be mapped on a more specific community scale.
County staff should also work to gain a better understanding of the appliances that
currently exist in homes by analyzing the permits issued for appliance replacement.
For appliances that do not require a permit for replacement, such as stoves or
washers and dryers, staff should seek other ways to identify whether these are gas
fueled in homes or have already been swapped for the all-electric equivalent. These
actions will help enable County staff to better prioritize and more accurately target
specific areas based on home configuration and financial need. Explore the
Clean Energy Roadmap for Existing Buildings Page 45
Draft to Consider for Approval | November 4, 2025
feasibility of this work being completed in-house or determine if a consultant is
needed to assist with this work.
• Expand on the preliminary cost analysis. This Roadmap presents a high-level
overview of the costs associated with transitioning existing buildings to all-electric.
Further research is needed on the direct and indirect costs for this all-electric
transition which includes an analysis and cost breakdown of the various options for
each appliance type and the operational costs around operating all-electric
appliances. From this analysis, County staff could provide a policy or County specific
program for consideration to encourage more buildings to operate solely using
electricity.
Regional and State Collaboration
• Work with the County’s Legislation Committee and BOSto develop a policy
framework to more routinely engage with State regulatory agencies, such as the
CEC, CPUC, and CARB, to provide input on activities and actions that help support
all-electric building initiatives, or other low-carbon or carbon-free appliances for
existing buildings.
• Work with energy providers, such as PG&E, MCE, or other regulatory agencies, such
as the CEC and CPUC, to obtain information on the gas infrastructure throughout
the County to determine cost-effective opportunities where gas infrastructure could
be decommissioned. Analyze which community areas may have the best
opportunity for cost-effective gas infrastructure decommissioning and explore a
County-wide strategy for decommissioning gas infrastructure in certain parts of the
County, if feasible.
• Continue to track opportunities that assist property owners and renters in paying
for retrofits associated with transitioning buildings to all-electric. These
opportunities could include incentive programs that offer rebates or no-cost
retrofits as well as financing options that are accessible to those of all income levels.
In addition, County staff should track statewide and regional plans that address
building decarbonization so that future planning efforts are aligned with these
plans.
Clean Energy Roadmap for Existing Buildings Page 46
Draft to Consider for Approval | November 4, 2025
Other Actions
• Further explore the policy options outlined in this document to support making
buildings all-electric. This should include time of sale, time of replacement due to
burnout OR due to renovation, building performance standards, and neighborhood-
wide gas decommissioning.
• To support the transition of buildings to all-electric, work to develop a strategy to
address the tenant/landlord rental property constraints that commonly prevent
property owners from making building improvements.
• Seek solutions that make installing solar panels and battery storage accessible to all
homeowners and property owners to improve the overall resiliency of households
in unincorporated County, including community solar with battery storage. Work
with the County’s Legislation Committee and BOS to advocate through the CPUC for
additional funding support to utility companies and collaborate with PG&E to
facilitate more timely and efficient solar panel upgrades and backup battery
installations.
• Allow staff to seek and obtain funding that supports the implementation of this
Roadmap.
• Identify opportunities for pilot projects that will test the variety of strategies for
converting existing homes and other buildings to be all-electric.
11.0 Roadmap Implementation Action Plan
This section discusses how a Roadmap Implementation Action Plan will be created,
updated and maintained to ensure the County follows through on implementing the
recommended next steps and action items specified in the Roadmap.
11.1 Implementing Action Items and Recommendations
There are key action items and recommendations specified in the Roadmap that need
to be completed to determine the appropriate path forward to further develop
additional actions on an on-going basis that can provide more detail on how the County
can further support CAAP Strategy BE-2.
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These include:
• Completing a building inventory and cost analysis to expand the work presented
in the Roadmap,
• Adopting a Policy Framework for staff to engage in State Regulatory proceedings
that support the goal of transitioning existing buildings to all-electric, and
• Developing recommendation(s) to consider how to implement the equitable
outreach and engagement strategy outlined in the Roadmap
Below is an expected timeline to complete the key action items and next steps outline
in Section 10 of this Roadmap.
Timeline to Complete Key Next Steps
January 2026 Complete Building Inventory and Cost
March-June 2026 Adopt Framework to engage in State
January 2027 Develop Recommendation(s) for Equity
The Roadmap Implementation Action Plan discussed below will include updates on the completion
of these key action items.
11.2 Roadmap Implementation Action Plan
Meeting the County’s clean energy goals for existing buildings will require the
development of an Implementation Action Plan that is adaptive to changes and allows
for flexibility when needed so the County can meet its CAAP goals. This section outlines
the content that will be included in the implementation action plan as well as
information to include for the development of a clean energy webpage. Both the
implementation plan and clean energy Roadmap webpage are to be completed within
12 months of when this Roadmap is adopted by the County.
Implementation Action Plan Framework
Below is a framework that outlines what is required to be in the Roadmap
Implementation Action Plan for the County’s Clean Energy Roadmap for Existing
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Draft to Consider for Approval | November 4, 2025
Buildings. The framework is intended to specify all the required content necessary to
include in the Implementation Action Plan.
The Implementation Action Plan shall include, but not be limited to, the following
elements:
• List of all existing next steps and recommendations outlined in the Roadmap
with progress on each item to date,
• Metrics for each action item included in the Roadmap with specific goals (i.e.,
number of homes retrofitted to all-electric, partnership groups formed, and/or
information on funding for specific initiatives),
• Funding source(s) or funding options for implementing each action item,
• Specify how in Implementation Action Plan supports current State and Regional
initiatives to convert existing building to all-electric (i.e., Bay Area Air District
Rules 9-4 and 9-6 on Building Appliances),
• Include new next steps and actions items, as appropriate,
• Define the County role in implementation actions and expected roles with other
entities, where appropriate, and
• Incorporate feedback from Sustainability Committee and Sustainability
Commission on implementation plan, as appropriate.
The Implementation Action Plan will be used to implement the next steps; actions items
and recommendations specified in the Roadmap and allow for new next steps or action
items to be included in the future. The plan will be examined on an annual basis to
allow for any adjustments, as needed. Adoption of the plan and any modifications to
the plan are to be approved by the County Board of Supervisors.
Clean Energy Roadmap Webpage
The Clean Energy Roadmap provides information that is likely to change over time. As
part of the Roadmap Implementation Action Plan, a website will be created and
maintained that includes regularly updated information on the topic of converting
buildings to be all-electric. The website is expected to include the following content:
• Overview of the Clean Energy Roadmap
• Benefits of All-Electric Buildings
• Existing All-Electric Policies and Programs
• Funding and Financing Opportunities, and
• Updates on the Roadmap Implementation Action Plan
The intent of the webpage is to provide more routine updates to the relevant sections
in the Clean Energy Roadmap that are expected to change over time.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-3504 Name:
Status:Type:Discussion Item Agenda Ready
File created:In control:8/28/2025 Sustainability Committee
On agenda:Final action:9/8/2025
Title:ACCEPT public comments and CONSIDER recommending adoption of the Contra Costa County
Attachments:1. Attachment 1_Summary of Public Comments Received, 2. Attachment 2_350 Contra Costa Action
Public Comment Letter_4-21-25, 3. County Clean Energy Roadmap for Existing Buildings_FINAL
DRAFT CLEAN_9-2-25
Action ByDate Action ResultVer.Tally
SUSTAINABILITY COMMITTEE
Meeting Date:September 8, 2025
Subject:ACCEPT public comments and CONSIDER recommending adoption of the Contra Costa County
Clean Energy Roadmap for Existing Buildings to the Board of Supervisors
Submitted For:SUSTAINABILITY COMMITTE
Department:DEPARTMENT OF CONSERVATION & DEVELOPMENT
Presenter:Demian Hardman-Saldana || Principal Planner | DCD
Contact:Demian Hardman-Saldana | (925) 655-2816
Referral History:
On May 15, 2023, the Sustainability Committee directed staff to develop a roadmap for converting existing
buildings to be all-electric.
On November 5, 2024, the County Board of Supervisors adopted the Contra Costa County 2045 General Plan
and Updated 2024 Contra Costa County Climate Action and Adaptation Plan (CAAP). The CAAP establishes
greenhouse gas (GHG) reduction goals to be 40% below 1990 levels by 2030, and to achieve net carbon
neutrality by 2045, consistent with the State’s goals.
CAAP Strategy BE-2 includes an implementation action calling for the creation of a detailed County roadmap
to convert existing homes and businesses to use low-carbon or carbon-free appliances. It also states that the
roadmap shall prioritize equity to minimize the risk of displacement or significant disruptions to existing
tenants.
Referral Update:
On March 10, 2025, the Sustainability Committee received a report on the Draft Clean Energy Roadmap for
Existing Buildings (Roadmap) released for public review on March 5, 2025. A proposed timeline was provided
recommending a 30-day public comment review period with a final draft of the Roadmap planned for
consideration by the Committee later in the year for a recommendation to the Board of Supervisors. The
Committee also provided feedback on the draft Roadmap, requesting that the Roadmap include how it will
CONTRA COSTA COUNTY Printed on 10/23/2025Page 1 of 3
File #:25-3504,Version:1
support the Bay Area Air District (BAAD) Rules 9-4 and 9-6, which ban the purchase of nitrogen oxide (NOx)
emitting water heaters (i.e., gas water heaters) for residential buildings or standard commercial and industrial
spaces starting in 2027, ban the purchase of furnaces that emit NOx (i.e., gas burning furnaces) starting in 2029,
and ban the purchase of larger commercial water heaters that emit NOx beginning in 2031.
Public Outreach on Draft Roadmap
After the March 10, 2025, Sustainability Committee meeting, staff created a dedicated Clean Energy Roadmap
webpage with information about the draft Roadmap and how to submit public comments. Public comments
were received for 30 days, from March 25, 2025, through April 24, 2025, with the public able to submit written
comments via email to staff or through an online form on the Clean Energy Roadmap website.
The website also included information about two virtual information sessions available for the public to attend
via ZOOM on April 9th and April 16th. Information about how to review and submit comments on the Draft
Roadmap was also included in the Spring 2025 edition of County’s Sustainability Newsletter.
In addition, staff also presented an overview of the draft Roadmap at the Contra Costa All-Electric Working
Group meeting in April, a quarterly meeting that includes industry professionals, non-profit leaders, and local
government staff within the County interested in transitioning buildings to be all-electric.
Summary of Public Comments Received
The main themes emerging from the public outreach conducted included stakeholder collaboration, questions
around timelines and goal setting, and community engagement. 350 Contra Costa Action provided both verbal
and written comments. A full summary of public comments received is included in Attachment 1.
Edits to Draft Clean Energy Roadmap
Based on comments received the public comment review period and final review of the draft Clean Energy
Roadmap from staff, the following is a summary of the major changes made to the draft Roadmap:
1.Added a new Section, a Roadmap Implementation Action Plan Section (Section 11). This section was
added to address general comments received from the public about timelines, setting goals, and
provide more details on how the Roadmap will be implemented moving forward. It outlines a timeline
for completing some of the key next steps recommended and outlines an implementation action plan
framework to create a Roadmap Implementation Action Plan. The Implementation Action Plan also
requires, among other things, specificity on how the Roadmap will support current State and Regional
initiatives, such as BAAD rules on building appliances. Additionally, it requires that a Clean Energy
Roadmap webpage be maintained with regularly updated information on the topic of converting
buildings to be all-electric. Both the Implementation Action Plan and website are to be completed
within 12 months of when the Roadmap is adopted by the County. Furthermore, it specifies that the
Implementation Action Plan be examined on an annual basis to allow for any adjustments, as needed.
2.All Sections. Made language edits to improve accuracy and clarity, including adding images and
illustrations.
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3.Executive Summary. Added new opening paragraph, reordered recommendations and next steps
section, and added summary information on the new Section added, Roadmap Implementation Action
Plan.
4.Section 3, Existing All-Electric Policies and Programs. Updated language reflects summary of overall
changes to the State’s Building Code (Title 24), adds information about new Assembly Bill (AB 130),
related to building code standards for new residential construction and includes more information about
specific local energy efficiency pilot/rebate or grant programs being offered in the County.
5.Section 5, Cost Analysis. Added language that locally generated clean energy with battery storage could
benefit County residents and businesses.
6.Section 6, Funding and Financing Opportunities. Updated content related to various programs and
incentives being offered.
7.Section 10, Next Steps. Reordered the listed Action Items and Recommendations included in report.
Recommendation(s)/Next Step(s):
ACCEPT public comments and CONSIDER recommending adoption of the Contra Costa County Clean Energy
Roadmap for Existing Buildings to the Board of Supervisors
Fiscal Impact (if any):
Measure X funding is allocated to cover the staff time associated with the development and implementation of
the Roadmap.
If the Roadmap and its Implementation Action Plan are adopted by the County, other funding sources will also
need to be identified to facilitate all-electric building conversions.
CONTRA COSTA COUNTY Printed on 10/23/2025Page 3 of 3
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Clean Energy
Roadmap for Existing Buildings
Board of Supervisors
November 4, 2025
Demian Hardman-Saldana
Department of Conservation and Development
Contra Costa County
925-655-2816 -demian.hardman@dcd.cccounty.us
Today’s Presentation
Purpose of Clean Energy Roadmap
for Existing Buildings
Process for Development of
Roadmap
Overview of Roadmap and
Implementation Plan
2
Updated 2024 Climate Action and Adaption Plan (CAAP) adopted by
Board of Supervisors on November 4, 2024
3
BE-2: Retrofit existing buildings and facilities in the unincorporated
county, and County infrastructure, to reduce energy use and convert to
low-carbon or carbon-free fuels.
•Create a detailed County roadmap to convert existing homes and businesses to use
low-carbon or carbon-free appliances. The roadmap should include steps to support
converting buildings to rely on low-carbon or carbon-free energy using an equitable
framework that minimizes the risk of displacement or significant disruptions to
existing tenants. (COS-A14.7)
CAAP Strategy BE-2, Clean and Efficient Built Environment
Purpose of Clean Energy Roadmap for Existing Buildings
Process for Development of Clean Energy Roadmap
4
Board’s Sustainability Committee receives
report and provides direction to staff on a
proposed outline for developing a Clean
Energy Roadmap
May 15, 2023
Board’s Sustainability Committee Receives
Report on Release of Draft Clean Energy
Roadmap
March 10, 2025
30-day public review comment Period of
Clean Energy Roadmap
March 25th —April 24th, 2025
Sustainability Committee Reviews Final Draft
of Roadmap with public comments
incorporated and considers recommendation
to Board of Supervisors
September 8, 2025
Clean Energy Roadmap for Existing Buildings
(initial research focused on residential buildings)
5
Benefits of All-Electric
Buildings
Preliminary
Research/Analysis
Centering Equity
Introduction
Health, Safety and Climate Resilience Benefits
Existing All-Electric Policies and Programs
Building Inventory Analysis
Cost Analysis
Funding and Financing Opportunities
Community Engagement Approach
Workforce Development
Facilitating an Equitable Transition
Policy Options, Next Steps,
and Implementation
Action Plan
Local policies and approaches of other jurisdictions
Next Steps, Action Items and Recommendations
Implementation Action Plan
Roadmap Next Steps and Action Items
Outreach and Engagement
•Develop a specific outreach and engagement strategy on the subject of transitioning buildings to be all -electric
focused on gaining feedback from communities historically marginalized
Additional Analysis
•Obtain more data on buildings and the costs of transitioning existing buildings to be all -electric in the County
Regional and State Collaboration
•Work with County’s Legislation Committee and Board of Supervisors to develop a policy framework that call for
the County to work with regulatory agencies to support the goal of transitioning existing buildings to all -electric
Other Actions
•Further exploring policy options outlined in the Roadmap
•Working to develop a strategy to address tenant/landlord rental property constraints
•Seeking solutions to improve the overall resiliency of households in the County, like solar and battery storage
•Allowing staff to seek funding that supports the Roadmap, including pilot projects to convert existing buildings
to all-electric
6
Roadmap Implementation Action Plan
Calls for a Roadmap Implementation
Action Plan be adopted within 12
months of when the Clean Energy
Roadmap is approved and be examined
annually to allow for any adjustments to
be made.
Create and maintain a County Clean
Energy Roadmap webpage/website
to provide regularly updated
information on converting buildings
to be all-electric.
7
Questions?
8
Contact:
Demian Hardman-Saldana
Principal Planner
demian.hardman@dcd.cccounty.us
P: 925-655-2816
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4624 Name:
Status:Type:Consent Item Passed
File created:In control:10/27/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the allocation of $148,501 in Fish and Wildlife Propagation funds to 15
eligible projects based on the Fish and Wildlife Committee's recommendations, as recommended by
the Internal Operations Committee. (100% Fish and Wildlife Propagation Fund)
Attachments:1. Fish and Wildlife Propagation Fund Allocation Recs Attachments
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Internal Operations Committee
Report Title:RECOMMENDATIONS FOR ALLOCATIONS OF FISH AND WILDLIFE PROPAGATION
FUNDS
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
1.APPROVE and AUTHORIZE the allocation of $148,500.08 in Fish and Wildlife Propagation funds to
15 eligible projects based on the Fish and Wildlife Committee's recommendations.
2.STIPULATE that within a year of grant funding approval or within one month of project completion,
whichever comes sooner, recipients must submit a final project report that includes invoices and receipts
documenting how funds were spent and the results of the project.
3.AUTHORIZE the Fish and Wildlife Committee or the Conservation and Development Director or
designee to approve written grantee requests for modifications to the budget allocations described in
their grant applications.
FISCAL IMPACT:
As of October 19, 2025, the Fund's balance was $579,517.99. Requested funds totaled $281,662.08, with
recommended allocations reducing the fund by $148,500.08.
BACKGROUND:
The Contra Costa County Fish and Wildlife Committee (FWC) reviewed 20 grant applications for the 2026
Fish and Wildlife Propagation Fund, recommending full or partial funding for 15 of them. In 2010, the Board of
Supervisors directed the Internal Operations Committee (IOC) to review FWC’s annual grant recommendations
before the Board's final approval. On October 27, 2025, the IOC endorsed the funding recommendations. This
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report outlines the grant program, FWC’s review process, and the recommended grants.
I. Background
Fish and Wildlife Propagation Fund
The Fish and Wildlife Propagation Fund, established under California Fish and Game Code 13100, collects
fines for certain fish and game violations. Most fines, ranging from $25 to $150, come from Contra Costa
County Superior Courts and involve hunting, fishing, or illegal dumping offenses. Some larger fines from
activities like streambed alteration, illegal species take, and water pollution also contribute to the Fund. In
2022, a $497,500 deposit was made following the Kinder Morgan pipeline spill settlement. As of October 19,
2025, the Fund's balance was $579,517.99.
FWC Grant Program
The Board has tasked the FWC with managing fine money for the protection, conservation, and preservation of
fish and wildlife [Fish and Game Code 13100]. Since 1996, the FWC has used a structured process to review
funding requests. The attached grant application packet includes a cover letter detailing the grant process and
funding priorities, an application to gather project information, and expenditure criteria as per California law
for the Fish and Wildlife Propagation Fund.
Public Outreach to Advertise the Grant Program
The application packet was disseminated during the week of May 25 to the Fish and Wildlife Committee and
Contra Costa Watershed Forum mailing lists, all Contra Costa County school districts, and local colleges and
universities including Contra Costa College, Diablo Valley College, Los Medanos College, UC Berkeley, Cal
State East Bay, UC Agriculture and Natural Resources, and Saint Mary’s College. Additionally, the CCC Office
of Communications and Media issued a press release to both local and regional media outlets announcing the
availability of the grant application packet. County Supervisors included the announcement in their email
newsletters. The information was also posted as a newsflash on the Department of Conservation and
Development website and shared via its social media accounts (Facebook, Instagram, and X). Furthermore, the
packet was made accessible on the Committee’s website and available upon request.
FWC Review Process for 2026 Grant Awards
The Fish and Wildlife Committee reviewed 20 grant applications totaling $281,662.08 during their August and
September meetings. Several applicants attended to answer questions about their proposals.
II. Recommendation of Funding on Grants for 2025
At its September 17, 2025 meeting, the FWC recommended funding 15 projects for the year 2026, totaling
$148,500.08, across the county. Detailed grant recommendations are in the attached chart, with specific votes
on Pages 2-5. Voting members were Nicole Balbas, Courtney Coon, Tim Fares, Roni Gehlke, Susan Heckly,
Brett Morris, Olivia Ortega, and Jamin Pursell.
Unless stated otherwise, the recommendations are for full project funding.
Grant Allocations
Boise State University
Allocate $4,245.00 for the “Assessing the demography of a threatened Golden Eagle population in California”
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project. This project aims to provide valuable data on golden eagle demography within the Altamont Pass Wind
Resource Area and assess the impact of wind turbines on these populations. The findings will support informed
management decisions to enhance the conservation of golden eagles and other wildlife affected by wind
turbines. Funding is recommended for laboratory supplies.
Contra Costa Resource Conservation District (CCRCD)
Allocate $19,196.00 for the “Tracking Western Pond Turtle Upland Traversal with GPS Loggers” project. This project will build
capacity and join the Western Pond Turtle Research Collaborative to develop management considerations for their habitats across
Alameda and Contra Costa counties. The project will track upland habitat movement and dispersal of Western Pond Turtles in Contra
Costa County. Funding is recommended for GPS trackers and other monitoring equipment.
Lindsay Wildlife Experience
Allocate $24,390.00 for the “Wildlife Intensive Care Unit” project. This unit will provide needed therapy for injured wildlife and
increase their odds of recovery. Funding is recommended for the purchase of the intensive care unit.
Cal State East Bay, Concord Center
Allocate $7,456.92 for the “Establishing Pollinator Habitat at Cal State East Bay Concord Center” project. This project will establish
native plant hedgerows and patches across approximately three acres to provide pollinator habitat. Funding is recommended for native
plants and necessary tools and materials.
International Bird Rescue
Allocate $20,719.92 for the “Ethically and Effectively Resolving Human/Wildlife Interaction Issues in Contra Costa County Through
Temporary Emergency Treatment and Care of Injured and Orphaned Wildlife” project. This project will enhance the welfare of
injured and orphaned aquatic birds by providing rehabilitation and promoting biodiversity. Full funding is recommended for surgical
and rehabilitation equipment.
John Muir Land Trust
Allocate $7,886.00 for the “Pacheco Marsh Outdoor Education” project. This project fosters environmental awareness and
stewardship among youth through meaningful outdoor learning experiences. Partial funding is recommended for transportation and
necessary supplies.
Save Mount Diablo
Allocate $5,680.24 for the “Tracking Kestrel Re-Population on Mount Diablo, Year 2” project. This project aims to support kestrel
population recovery and evaluate potential impacts of avian influenza. Funding is recommended for research interns and necessary
equipment.
KIDS for the BAY
Allocate $8,400.00 for the “Watershed Action Program” project. This project will help students learn about their local watershed and
wildlife through hands-on activities. Funding is recommended for field trip transportation.
Mira Vista Field Stewardship Committee
Allocate $11,960.00 for the “Mira Vista Field Restoration Project”. This project aims to restore neighborhood serpentine grassland
open space, protect native plant species and wildlife, and improve wildfire resilience. Partial funding is recommended for restoration
tools and materials.
Mt. View Sanitary District
Allocate $9,461.00 for the “Moorhen Marsh & the MVSD Wetlands Education Program” project. This program provides hands-on
experiences for elementary students, including exploring Marsh and learning about water treatment and pollution prevention. Partial
funding is recommended for educational materials and supplies.
The Watershed Project
Allocate $12,205.00 for the “Steelhead Trout Protection Research Project”. This project will monitor water temperature and
connectivity, assess fish barriers, conduct trash cleanups, and provide public education. Partial funding is recommended for
assessment and monitoring equipment.
John Muir Chapter of Trout Unlimited
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Allocate $5,755.00 for the “Upper Wildcat Creek Habitat and Fish Passage Barrier Study” project. This project aims to improve
spawning and rearing conditions for anadromous fish species and support fish passage improvements. Funding is recommended for
research equipment.
Wildcat Canyon Community School
Allocate $5,250.00 for the “Habitat Restoration and Ecological Education for Future Generations” project. This project will restore
native wildlife habitat and engage students and community volunteers in environmental stewardship. Funding is recommended for
native plant materials and necessary tools.
Worth a Dam
Allocate $895.00 for “The Water Guardians/Aqua Squad” project. This project teaches children about the role of beavers in
maintaining healthy waterways through interactive exhibits. Funding is recommended for materials and artist supplies.
Earth Team
Allocate $5,000.00 for the “Water Quality Monitoring in Contra Costa Watersheds” project. This project will engage high school
interns in research, data collection, and native vegetation work at watershed sites. Funding is recommended for water quality
equipment and supplies.
Fish and Wildlife Committee Vote 8-0 (Ayes: Balbas, Coon, Fares, Gehlke, Heckly, Morris, Ortega, and Pursell; Noes: None; Abstain:
None; Absent: Jennings and Pellegrini).
CONSEQUENCE OF NEGATIVE ACTION:
Should the recommendations not be approved, Fish and Game funds will not be allocated to worthy projects that either fully fund or
supplement important conservation programs.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 4 of 4
powered by Legistar™
Contra
Costa
County
May 23, 2025
Dear Fish and Wildlife Propagation Fund Grant Applicants:
The Contra Costa County Fish and Wildlife Committee is pleased to announce that completed funding applications are
now being accepted for consideration for the Contra Costa County Fish and Wildlife Propagation Fund (Fund). All
application materials and guidelines are attached. Proposals must be received by 5:00 p.m. on Friday, August 1, 2025 (a
postmark of August 1, 2025, does not satisfy the submission deadline). Proposals may be emailed or mailed. Any
applications that are received after the due date or without a signature will not be considered. Staff will acknowledge
receipt of each grant application. If you do not receive a confirmation of receipt contact Maureen Parkes at 925-655-2909
prior to the deadline. The recommendations of the Fish and Wildlife Committee will be forwarded to the Contra Costa
County Board of Supervisors, which maintains final decision-making authority for expenditures from the Fund.
The Contra Costa County Fish and Wildlife Propagation Fund is entirely supported by fine revenues resulting from
violations of the Fish and Game Code and Title 14 of the California Code of Regulations in Contra Costa County
(County). Projects awarded from the Fund must benefit the fish and wildlife resources of the County and must meet the
requirements of Section 13103 of the Fish and Game Code (attached). If your project is eligible under Section 13103 (d),
(h), (i), or (m) please send a copy of your draft proposal to Maureen Parkes at maureen.parkes@dcd.cccounty.us by June
27, 2025. Maureen Parkes will coordinate with the California Department of Fish and Wildlife to confirm the project’s
eligibility to receive funds. See Instructions for more details. All applications that satisfy the requirements listed in the
funding application instructions will be considered.
The Fish and Wildlife Committee strongly encourages applications related to:
• improving habitat
• scientific research
• public education
• threatened and endangered species
• resolving human/wildlife interaction issues
In addition to the above areas of interest, the Fish and Wildlife Committee wishes to fund one or more projects that
increase collaboration with law enforcement agencies and community cultural organizations on enforcement issues and
education focusing on communities that may be unaware of local fish and game laws. Projects that provide multilingual
signage and educational materials are encouraged.
Note on Preferred Projects: The Fish and Wildlife Committee considers grant awards for prospective expenditures from
non-profit organizations, schools, and government agencies. The Committee generally recommends funding projects that
avoid operating costs and overhead - such as staff salaries, benefits, or utilities - and that minimize expenses dedicated to
management of awarded projects. Recommendations for funding will be given to service-oriented and educational
projects, or those involving the direct purchase of goods and materials that do not require installation or labor on public
land or facilities.
John Kopchik
Director
Jason Crapo
Deputy Director
Deidra Dingman
Deputy Director
Ruben Hernandez
Deputy Director
Gabriel Lemus
Deputy Director
Department of
Conservation and
Development
30 Muir Road
Martinez, CA 94553
Phone:1-855-323-2626
Page 2
Note on construction and related projects: Projects that qualify as “public works” under California law, such as
construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of
public funds may trigger requirements including prevailing wage, public bidding, and contractor registration. Applicants
proposing such activities will be required to demonstrate full legal compliance. For more information go to the California
Department of Industrial Relations Public Works webpage: https://www.dir.ca.gov/public-works/publicworks.html.
The Committee expects to recommend awards to several applicants. However, it is possible that a particularly excellent
proposal will be recommended to receive a large portion of the total available funds. Generally, the Committee will only
recommend one project per organization. During the 2025 grant cycle a total of $80,910.50 was awarded to 12 projects.
The awards ranged from $582 to $19,449.66. Available funds vary from year to year and the Fish and Wildlife Committee
cannot commit to multi-year or recurring funding. The Board of Supervisors will make the final decision on the grant
awards and successful applicants may anticipate receiving notification by January 2026. Project expenditures eligible for
reimbursement must be made subsequent to Board of Supervisors approval of grant funding.
The grant award funds will be disbursed on a cost reimbursement basis.* (See below for exceptions.) Within a year
of grant funding approval, or within one month of project completion, whichever comes sooner, recipients must submit
a final project report which includes invoices and receipts documenting how funds were spent and the results of the
project. Grant awardees may request a budget modification to address any proposed changes to the project costs. This
request must be made in writing prior to incurring the unapproved expenses. Unapproved expenses will not be
reimbursable. Fish and Wildlife Propagation fund grants will be disbursed after receipt and approval of the final project
report. Details will be outlined in the grant award letter that is sent to all successful applicants.
*Exception For Non-Profit Organizations That Can Demonstrate Financial Hardship: Private, non-profit entities
that can demonstrate that providing Fish and Wildlife Propagation grant funding on a cost reimbursement basis will
create a financial hardship and be detrimental to the operation of the program will be eligible to receive up to ½ of the
grant amount after the grant is awarded. The remaining amount of the grant will be disbursed after the entity has
submitted information including invoices and receipts documenting how the initial disbursement was spent. Within a year
of initial notification of the grant funding award (January 2027), or within one month of project completion, whichever
comes sooner, the entity will be required to submit information including invoices and receipts documenting how the
second disbursement was spent, and provide a final project report documenting the results of the project.
*Exception For Small Projects Under $1,000: Grant funding may be disbursed to private, non-profit entities prior to
the beginning of the project if the award is under $1,000 and the entity has provided documentation that the project
could only be initiated with advance funding. Within a year of grant funding, or within one month of project completion,
whichever comes sooner, recipients must submit a final project report which includes invoices and receipts documenting
how funds were spent and the results of the project.
The Committee appreciates your interest in this opportunity to improve the fish and wildlife resources in Contra Costa
County. Should you have any questions about the Fish and Wildlife Committee or this funding program, please contact
me at 925-655-2909 or maureen.parkes@dcd.cccounty.us.
Sincerely,
Maureen Parkes
Fish and Wildlife Committee Staff
Page 1 of 2
INSTRUCTIONS
What Must Be Included in Your Proposal (not to exceed 4 pages):
1) Signed Application Cover Page – See attached.
(PDFs and e-signatures are acceptable)
2) Description of the project for which funding is requested. Please include an explanation of:
• how this project will benefit the fish and wildlife of Contra Costa County
• how this project meets the requirements of Section 13103 of the Fish & Game Code (attached) which
defines the eligibility requirements for projects requesting funding from the Fish and Wildlife Propagation
Fund. Indicate which letter(s) of the Section 13103 is/are satisfied.
If your proposal is eligible under Section 13103 (d), (h), (i)*, or (m), a copy of your draft proposal must
be sent to the attention of Maureen Parkes at maureen.parkes@dcd.cccounty.us or at the address listed
on Page 2 and received by June 27, 2025 Staff will coordinate with the California Department of Fish
and Wildlife to confirm the project’s eligibility to receive funds.
*If your project is eligible under Section 13103 (i), and a scientific collection permit is required and
issued by the California Department of Fish and Wildlife, this will indicate that the project is eligible
to receive Fish and Wildlife Propagation funds. Please send the scientific collection permit along
with your grant application by the August 1, 2025 - 5:00 P.M. grant submission deadline. Scientific
collection permits are not included in the grant application page limit.
The Fish and Wildlife Committee wishes to be acknowledged for its financial support of the project. FWC
or staff review may be required prior to printing any written materials that receive funding. Please refer to
the guidelines listed below:
• Grant recipients agree to obtain advance written approval from the FWC of any communication/written
material that may reasonably be understood to represent the views of the FWC and to provide the FWC with
reasonable opportunity to review, comment and approve the communication/written material.
Grant recipients may use the following standard language in making attributions for funding by the FWC:
• Attribution for full Grant funding: “This (research, publication, project, web site, report, etc.) was funded by
the Contra Costa County Fish and Wildlife Committee.”
• Attribution for partial Grant funding: “This (research, publication, project, web site, report, etc.) is funded in
part by the Contra Costa County Fish and Wildlife Committee.”
3) Project schedule - The project must be completed within a year from the date you receive notification of funding
(by January 2026).
4) Project budget (itemized). The Fish and Wildlife Committee generally does not recommend funding for
operating costs and overhead. Examples for these include staff salaries, health insurance, and operation costs
such as electricity to run an office. If an hourly rate is listed, overhead costs need to be itemized separately. The
Committee generally recommends funding material expenses (e.g. purchase of equipment and materials).
5) Annual budget for the applying organization (not itemized).
6) Statement describing the applying organization, listing the Board of Directors and officers of the organization,
and listing all affiliated organizations.
7) Statement describing the qualifications of the sponsoring organization and participating individuals for
completing the project.
8) List of individuals responsible for performing project and of individuals responsible for overseeing project.
9) Statement describing the status of permit approvals necessary to perform project (if applicable).
10) Request for an exception to the grant funding cost reimbursement requirement due to financial hardship or an
exception for a small project under $1,000. (This request does not count toward your page limit and is only
required if requesting an exception.)
Page 2 of 2
Format:
• Your proposal packet, including cover sheet and any attachments must not exceed four single-sided pages
or two double-sided pages, 8.5 by 11 inches in size. Electronic submittals are preferred. Please use 11
point font or larger and ½ inch margins or larger on your pages. If you submit more than 3 pages plus
required cover sheet, your proposal may be disqualified without review.
• If your project is eligible under Section 13103 (d), (h), (i), or (m) a copy of your draft proposal must be
sent to the attention of Maureen Parkes at maureen.parkes@dcd.cccounty.us and received by June 27,
2025. (See exception for Section 13103 (i) on Page 1.)
• Do not attach an additional cover letter, brochures, posters, publications, CDs, DVDs, large maps or
yellow-sticky paper (e.g. Post-ItTM).
• Your complete application packet including signature must arrive by 5:00 p.m. on Friday, August 1,
2025 (Pacific Daylight Time) to be considered for funding. (Please note: A postmark of August 1, 2025
does not satisfy the submission deadline. If submitted after the deadline, your proposal will be
disqualified).*
Your complete application should be:
Emailed: maureen.parkes@dcd.cccounty.us
or
Mailed or Hand Delivered: Contra County Fish & Wildlife Committee
c/o Contra Costa County Dept. of Conservation and Development
30 Muir Road
Martinez, CA 94553-4601
Attn: Maureen Parkes
*Staff will acknowledge receipt of each grant application. If you do not receive an email confirmation of
receipt, contact Maureen Parkes prior to the deadline by calling 925-655-2909.
Final Checklist Before You Submit Your Proposal:
Please note that your proposal will not be considered if you provide more materials than required below:
• Signed Cover page (your proposal will be disqualified if it does not have your original signature on the
cover page).
• 3 pages or less on your project description (any extra attachments such as a map and an organization
budget will be counted as one of the three page limit.)
• If your project qualifies under Section 13013 (i) and you have been issued a scientific collection permit
from the California Department of Fish and Wildlife please include it. (This is not a part of the page
limit listed above.)
• Request for an exception to the grant funding cost reimbursement requirement due to financial hardship
or an exception for a small project under $1,000. (This is not a part of the page limit listed above and is
only required if requesting an exception).
If you have questions regarding the Contra Costa County Fish and Wildlife Propagation Fund grant process,
please contact Maureen Parkes: maureen.parkes@dcd.cccounty.us / (925) 655-2909.
California Fish and Game Code Section 13103.
Expenditures from the fish and wildlife propagation fund of any county may be made only
for the following purposes:
(a) Public education relating to the scientific principles of fish and wildlife conservation, consisting of
supervised formal instruction carried out pursuant to a planned curriculum and aids to education
such as literature, audio and video recordings, training models, and nature study facilities.
(b) Temporary emergency treatment and care of injured or orphaned wildlife.
(c) Temporary treatment and care of wildlife confiscated by the department as evidence.
(d) Breeding, raising, purchasing, or releasing fish or wildlife which are to be released upon approval
of the department pursuant to Sections 6400 and 6401 onto land or into waters of local, state, or
federal agencies or onto land or into waters open to the public.
(e) Improvement of fish and wildlife habitat, including, but not limited to, construction of fish screens,
weirs, and ladders; drainage or other watershed improvements; gravel and rock removal or
placement; construction of irrigation and water distribution systems; earthwork and grading;
fencing; planting trees and other vegetation management; and removal of barriers to the migration
of fish and wildlife.
(f) Construction, maintenance, and operation of public hatchery facilities.
(g) Purchase and maintain materials, supplies, or equipment for either the department's ownership and
use or the department's use in the normal performance of the department's responsibilities.
(h) Predator control actions for the benefit of fish or wildlife following certification in writing by the
department that the proposed actions will significantly benefit a particular wildlife species.
(i) Scientific fish and wildlife research conducted by institutions of higher learning, qualified
researchers, or governmental agencies, if approved by the department.
(j) Reasonable administrative costs, excluding the costs of audits required by Section 13104, for
secretarial service, travel, and postage by the county fish and wildlife commission when authorized
by the county board of supervisors. For purposes of this subdivision, "reasonable cost" means an
amount which does not exceed 3 percent of the average amount received by the fund during the
previous three-year period, or three thousand dollars ($3,000) annually, whichever is greater,
excluding any funds carried over from a previous fiscal year.
(k) Contributions to a secret witness program for the purpose of facilitating enforcement of this code
and regulations adopted pursuant to this code.
(l) Costs incurred by the district attorney or city attorney in investigating and prosecuting civil and
criminal actions for violations of this code, as approved by the department.
(m) Costs incurred by a county counsel in investigating and prosecuting an action for civil penalties,
injunctive relief, or civil penalties and injunctive relief pursuant to Section 5650.1 resulting from
unlicensed cannabis cultivation.
(n) Other expenditures, approved by the department, for the purpose of protecting, conserving,
propagating, and preserving fish and wildlife.
A scientific collection permit, if required and issued by the California Department of Fish and Wildlife,
indicates that the project is eligible to receive Fish and Wildlife Propagation funds.
California Fish and Game Code Section 711.2. (a)
"For purposes of this code, unless the context otherwise requires, "wildlife" means and includes all wild
animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat
upon which the wildlife depends for its continued viability ..."
Office Use Only: Contra Costa County
2026 Fish and Wildlife Propagation Fund
Application Cover Page
Project title:
Organization/Individual applying:
(Organization type: please check one – government, non-profit, school, other (explain)
Address:
Telephone: Fax:
E-mail:
Name and title of contact person:
One sentence summary of proposal:
Requested grant:
Proposal prepared by (name & title):
Signature (Typing your name does not count as a signature. If this section is empty, your proposal will not be considered):
________________________________________________ Signed on _______________
I understand that projects that qualify as “public works” under California law, such as construction,
alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of
public funds may trigger requirements including prevailing wage, public bidding, and contractor registration.
Applicants proposing such activities will be required to demonstrate full legal compliance. (For more
information go to the California Department of Industrial Relations Public Works webpage: https://
www.dir.ca.gov/public-works/publicworks.html.)
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
A Boise State
University school
Assessing the
demography of a
threatened Golden
California
(i) scientific research
*CDFW has
confirmed this
project is eligible to
receive funds under
FGC Section 13103 (i)
Countywide $4,245.00 $4,245.00
This is a request for funds for a project that
uses non-invasive genetic sampling of molted
feathers to estimate survival and population
size of golden eagles in the Atlamont Pass
Wind Area of California. Grant funds will be
used for Qiagen DNeasy Blood & Tissue Kit,
envelopes, razor blades, pipette tips and
indirect costs.
Project Schedule: All lab work,
including DNA extractions and genetic
analyses are expected to be complete by
August 2026. Lab supplies will
be needed continuously throughout the
lab work, analyses on data collected will be
conducted.
This project meets the requirements of
Section 13103 (i) scientific research. The study will
provide valuable data on golden eagle demography
within the Altamont Pass Wind Resource Area
(APWRA) and assess how wind turbines may affect
these populations. The findings will directly benefit
Contra Costa County by supporting informed
management decisions that enhance the
conservation of golden eagles within the region.
Improved management practices may also benefit
other wildlife including other raptors and bird
species that experience similar disturbances from
wind turbines. Full funding is recommended for
laboratory supplies, including Qiagen DNeasy Blood
& Tissue Kits, envelopes, razor blades, pipette tips,
and indirect costs.
B
CA State Parks -
Diablo Range
District
government
Developing a
Grazing
Management
Framework at
Marsh Creek SP
(e) habitat
improvement
(i) scientific research
*CDFW has
confirmed this
project is eligible to
receive funds under
FGC Section 13103
(e) and (i)
East County $25,800.00 $0.00
This is a request for funds to assess current
grazing practices, infrastructure, and
vegetation conditions to develop a
conservation-oriented framework for a
grazing management plan at Marsh Creek
State Park. Grant funds will be used for a
consultant, contract administration and
project implementation.
Project Schedule:
A start date was not provided.
Estimated duration of project is one year.
Although a valuable project, the Committee does not
recommend funding because the request was for
funding to pay a consultant, contract administration,
and project implementation, and the Committee
prefers to fund material expenses.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
C
Contra Costa
Resource
Conservation
District
government
Tracking Western
Traversal with GPS
Loggers
(i) scientific research
*CDFW has
confirmed this
project is eligible to
receive funds under
FGC Section 13103 (i)
East County $19,196.00 $19,196.00
This is a request for funds to track Western
Pond Turtle upland habitat traversal and
dispersal to inform habitat management
strategies. Grant funds will be used to
purchase GPS trackers, trap nets,
miscellaneous monitoring equipment and full
chest waders.
Project Schedule:
January 2026 - September 2026
This project meets the requirements of Section
13103(i) scientific research. The Contra Costa
Resource Conservation District (CCRCD) seeks to
build capacity and join the Western Pond Turtle
Research Collaborative, a regional group of
researchers from multiple organizations studying
Western Pond Turtles to develop management
considerations for their upland and aquatic habitats
across Alameda and Contra Costa counties. The
project will track upland habitat movement and
dispersal of Western Pond Turtles in Contra Costa
County. Full funding is recommended for GPS
trackers, trap nets, miscellaneous monitoring
equipment, and full chest waders.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
D Lindsay Wildlife
Experience non-profit Wildlife Intensive
Care Unit
(b)temporary
emergency
treatment and care
of injured or
orphaned wildlife.
Countywide $24,390.00 $24,390.00
This is a request for funds to purchase an
intensive care unit to supply regulated
oxygen and heat therapy for injured and
debilitated wildlife.
Project Schedule:
receipt of funding notice and be completed
within 30 days of order placement.
This project meets the requirements of Section
13103(b) temporary emergency treatment of injured
and orphaned wildlife. The intensive care unit will
provide needed therapy for injured wildlife brought
to the hospital and increase their odds for recovery.
Full funding is recommended for the purchase of the
intensive care unit.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
E
California
Invasive Plant
Council (Cal-IPC)
non-profit
Training a new
workforce to
improve riparian
habitat in Contra
Costa County
(a) education
(e) habitat
improvement
Central
County $16,606.00 $0.00
This is a request for funds to train Pittsburg
Civicorps crews on Arundo donax’s impacts,
removal techniques, and best management
practices (BMPs) for controlling invasive
plants, in order to build local capacity to
address this invasive species within the
Alhambra Creek Watershed. Grant funds will
cover wages for the science program
manager (oversight, field training),
conservation specialist (curriculum
development, partner meetings, coordinating
and planning, classroom and field training
delivery), grants & contracts manager
(invoicing, contracting, social media), and
Civicorps crews (classroom and field training
for up to ten Corpsmembers and one
supervisor), as well as travel mileage (one
round trip to Civicorps Pittsburg for
classroom training and two round trips to
Martinez for field days).
Project Schedule:
February 2026 - December 2026
Although a valuable project, the Committee does not
recommend funding because the request was for
funding to cover staff wages, training, and travel
expenses, and the Committee prefers to fund
material expenses.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
F
Cal State East
Bay, Concord
Center
school
Establishing
Pollinator Habitat
at Cal State East
Bay Concord
Center
(e) habitat
improvement
Central
County $7,456.92 $7,456.92
This is a request for funds to establish native
plant hedgerows and patches to provide
pollinator habitat on approximately three
acres within a large meadow at the entrance
to the Cal State East Bay Concord Center.
Grant funds will be used to purchase native
plants, colored flags, hoes, a utility cart, two
root slayers, and signage.
Proposed Schedule:
Project will start in early 2026.
An end date was not provided.
This project meets the requirements of Section
13103(e) habitat improvement. The project will
establish native plant hedgerows and patches across
approximately three acres at the Cal State East Bay
Concord Center to provide pollinator habitat. Plants
that are native to the East Bay will be selected based
on their low-water needs, size at maturity,
attractiveness to pollinators, and availability. Full
funding is recommended for native plants, colored
flags, hoes, a utility cart, two root slayers, and
signage.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
G
Contra Costa
Resource
Conservation
District
government
Marsh Creek
Steelhead Trout
Spawning and
Breeding Habitat
Enhancement
(e) habitat
improvement East County $19,622.00 $0.00
with the Marsh Creek Watershed Council, to
restore Steelhead trout spawning habitat in
Marsh Creek through gravel addition,
volunteer engagement, redd monitoring, and
fostering long-term community stewardship
used to purchase gravel, rubber boots, work
gloves, 5-gallon buckets, rakes, bobcat rental,
gravel delivery, streambed alteration permit,
waste discharge permit, and a biological
monitor contractor.
Project Schedule:
January 2026 - February 2027
Although a valuable project, the Committee does not
recommend funding because the applicant did not
provide enough detail or planning to fully support
project implementation. The Committee encourages
them to consider providing additional details in a
future grant application, such as more information
on project locations, permits, technical planning, and
site conditions, to help clarify and strengthen their
proposal.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
H International
Bird Rescue non-profit
Ethically and
Effectively
Resolving
Human/Wildlife
Interaction Issues
in Contra Costa
County Through
Temporary
Emergency
Treatment and
Orphaned Wildlife
(a) public education
(b)temporary
emergency
treatment and care
of injured or
orphaned wildlife.
(c) temporary
treatment and care
of wildlife
confiscated by the
department as
evidence.
(i) scientific research
* CDFW confirmed
in 2023 that IBR
projects are
additionally eligible
to receive funds
under FGC Section
13103 (c) and (i)
Countywide $20,719.92 $20,719.92
This is a request for funds to replace obsolete
and inoperable equipment and materials
essential for rehabilitating injured and
orphaned wildlife in Contra Costa, including
herons, egrets, and “Birds of Conservation
Concern” such as California Gull, Western
in the Coastal California Bird Conservation
Region. Grant funds will be used to purchase
the following items: Bovie MI-750 LED
Surgical Light; Bovie MI-550 Exam Station
Lights; Raypak 106 105,000 BTU Propane Gas
Warm Water Pool Heater; Disinfectant
Station; OSHA-compliant Fortress Aluminum
4-Riser Stair Systems; Brinsea TLC-50
Advance Series II ICU/Recovery Incubators;
Vitamix Commercial-grade Blenders with
Ophthalmoscope; and a Frigidaire 28”
Freezer Refrigerator.
Project Schedule:
This project can begin within 30 days of grant
approval, and be completed within nine
months.
This project meets the requirements of Section
13103 (a) public education, (b) temporary
emergency treatment and care of injured or
orphaned wildlife, and (c) temporary treatment and
care of wildlife confiscated by the department as
evidence, and (i) scientific research. This project will
birds in Contra Costa County by providing
rehabilitation for them and will promote biodiversity
by returning rehabilitated birds to their natural
750 LED Surgical Light; two Bovie MI-550 Exam
Station Lights; Raypak 106 105,000 BTU Propane Gas
Warm Water Pool Heater; Disinfectant Station; two
OSHA-compliant Fortress Aluminum 4-Riser Stair
Systems; two Brinsea TLC-50 Advance Series II
ICU/Recovery Incubators; two Vitamix Commercial-
grade Blenders with Trian Containers; Welch Allyn
Veterinary 3.5V Ophthalmoscope; and a Frigidaire
28” Freezer Refrigerator.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
I John Muir Land
Trust non-profit Pacheco Marsh
Outdoor Education (a) public education Central
County $14,636.00 $7,886.00
This is a request for funds to support school
field trips to Pacheco Marsh, where students
will engage in hands-on learning about
wetland ecology, native species, and the
importance of conservation. Grant funds will
be used for bus transportation, binoculars,
spotting scope, miscellaneous supplies, and a
stewardship manager.
Project Schedule:
Planning: Winter - Spring 2026
Programming: Spring - Summer 2026
This project meets the requirements of Section
13103(a) public education. The project fosters
environmental awareness and stewardship among
youth and provides meaningful outdoor learning
experiences for local students, helping them
understand wetland ecology, native species, and
habitat restoration at Pacheco Marsh. Partial funding
is recommended and may only be used for bus
transportation, binoculars, a spotting scope, and
miscellaneous supplies, and may not be used to fund
a stewardship manager.
J Save Mount
Diablo non-profit Population on
2
(e) habitat
improvement
(i) scientific research
(n) other
expenditures,
approved by the
department
**CDFW confirmed
in 2025 that this
project is eligible to
receive funds under
FGC Sections 13103
(e), (i) and (n).
Countywide $5,680.24 $5,680.24
This is a request for funds to continue the
project that began in 2025 with a grant from
the CCC Fish and Wildlife Propagation Fund
to expand nest box location and data
to further expand the nest box area, in three
new and/or expanded sites, to support more
population expansion, to further evaluate
overall nest box usage and best locations for
boxes, and to also evaluate for possible
impacts of avian influenza. Grant funds will
be used for two research interns, additional
WIFI bluetooth trail cameras for Curry
Canyon, Schwendel Ranch and Youngs
Canyon, lithium batteries, SD cards and
materials for nest boxes.
Project Schedule:
A schedule was not provided.
This project meets the requirements of Sections
13103(e) habitat improvement, (i) scientific research
and (n) other expenditures, approved by the
department. Building on prior success, the project
will expand nest box installation and data collection
to support kestrel population recovery and evaluate
potential impacts of avian influenza. Full funding is
recommended for two research interns, additional
WiFi Bluetooth trail cameras for Curry Canyon,
Schwendel Ranch and Youngs Canyon, lithium
batteries, SD cards, and materials for nest boxes.
Page 8 of 19 10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
K KIDS for the BAY non-profit Watershed Action
Program
(a) public education
(e) habitat
improvement
West County
66%
East County
34 %
$8,400.00 $8,400.00
This is a request for funds to support their
Watershed Action Program to engage eight
elementary school classes, including 200
resourced schools in Contra Costa County, in
hands-on watershed education and
stewardship. Grant funds will be used for
field trip bus transportation.
Project Schedule:
Funds will be used during the 2025–2026
school year and spent by May 2026.
The project meets the requirements of Section
13103 (a) public education and (e) habitat
improvement. Students will discover wildlife in
unique aquatic environments, explore and
investigate like scientists, and make personal
connections with nature. Students will learn about
their local watershed and wildlife through hands-on
activities that encourage curiosity, environmental
awareness, and responsible actions in their daily
lives. Full funding is recommended for field trip bus
transportation.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
L
Mira Vista Field
Stewardship
Committee
The Watershed
Project
non-profit Mira Vista Field (e) habitat
improvement West County $12,740.00 $11,960.00
Field Stewardship Committee, in partnership
with The Watershed Project, to restore Mira
Vista Field, an 8-acre site in urban West
County, to native serpentine grassland. Grant
funds will be used for restoration tools,
updated plans, and public outreach to
enhance ongoing efforts and provide nature
study opportunities for local students. Items
to be purchased include hand tools, string
trimmers, mowers, stakes, flagging, exclusion
fencing, “habitat restoration area” signs,
bobcat rental, refurbishing a bulletin board,
installing entrance signage, website hosting,
printing postcard handouts and an updated
restoration guide, as well as food and
beverages for a public outreach and
volunteer appreciation event.
Project Schedule:
The project would be completed within one
year of grant approval.
This project meets the requirements of Section
13103(e) habitat improvement. The project will
restore neighborhood serpentine grassland open
space, including localized seeps and springs, protect
native plant species and wildlife, and improve
wildfire resilience in an area adjoining a high-risk
zone. The project provides educational opportunities
for schoolchildren, educates the public about the
importance of wildland spaces within urbanized
areas, and promotes community connections and
involvement. Partial funding is recommended as
outlined in their expanded budget, provided on
August 21, 2025, which includes hand tools, string
trimmers, mowers, stakes, flagging, exclusion
fencing, “habitat restoration area” signs, bobcat
rental, refurbishing a bulletin board, installing
entrance signage, website hosting, printing postcard
handouts, an updated restoration guide, and food
and beverages for a public outreach and volunteer
appreciation event; and may not be used for sign
design.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
M Marine Science
Institute non-profit
2026 Delta
Discovery Voyage
Program
(a) public education
Central
County 48%
East County
52%
$5,096.00 $0.00
This is a request for funds to support the
2026 Delta Discovery Voyage program, which
provides hands-on, Next Generation Science
Standards (NGSS) - aligned science education
to approximately 3,700 Contra Costa County
5th graders aboard MSI's research vessel.
The program fosters student understanding
of the Sacramento-San Joaquin River Delta
ecosystem, promotes environmental
curriculum and resources. Grant funds will be
used for supplies (buckets, fish keys, vinyl
posters, otter trawl net, hand nets, net
plankton, and vials), vessel and vehicle fuel,
and marina fees.
Project Schedule:
January 2026 - May 2026
**MSI requests that if the final approval of
this grant takes place in 2026, that they may
be reimbursed retroactively to allow them to
purchase supplies in December, before the
voyages begin in January.
Although a valuable project, the Committee does not
recommend funding because the grant applicant has
already received multiple grants to support the
operation of this program. The Committee prefers
not to provide funding for ongoing program
expenses in order to avoid creating dependence on
grant funds.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
N Mt. View Sanitary
District government
Moorhen Marsh &
the MVSD
Wetlands
Education Program
(a) public education
(e) habitat
improvement
Central
County $53,769.00 $9,461.00
This is a request for funds for a water
circulation improvement project in Moorhen
Marsh and a wetlands educational program.
booklets, animal specimens (otter, beaver,
mallard, muskrat), field trip supplies (dip
nets, water quality testing, etc.), stainless
steel LTC fine bubble aeration discs with
compressors, solar generator and power
station, and aeration supplies (tubing, cables,
etc.)
Project Schedule:
January 2026 - December 2026
This project meets the requirements of Section
13103(a) public education and Section 13103(e)
habitat improvement. The Wetlands Education
Program provides hands-on experiences for Contra
Costa County elementary students, including
exploring Moorhen Marsh, dip-netting aquatic
animals, touring MVSD’s treatment plant to learn
about water treatment and pollution prevention,
observing wildlife, and studying ethically sourced
animal specimens. Partial funding is recommended
for wetlands student booklets, animal specimens
(otter, beaver, mallard, muskrat), and field trip
supplies such as dip nets and water quality testing
equipment; and may not be used for the water
circulation improvement project, including stainless
steel LTC fine bubble aeration discs with
compressors, the solar generator and power station,
or aeration supplies (tubing, cables, etc.).
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
O The Watershed
Project non-profit
Steelhead Trout
Protection
Research Project
(a) public education
(e) habitat
improvement
West County $13,405.00 $12,205.00
This is a request for funds from The
Watershed Project (TWP). They will partner
with the John Muir Chapter of Trout
Unlimited (JMTU), who also submitted an
Assessment in Wildcat Creek, identifying
barriers that limit trout migration and
steelhead access to lower watershed habitat.
TWP will lead work in the lower watershed,
monitoring water temperature and
connectivity, conducting trash cleanups, and
providing public education. Grant funds for
this application will support fish barrier
assessment, lab fees, water connectivity, WQ
monitoring, trash cleanup items, trash
monitoring items, public education materials,
safety items, accounting services, and liability
insurance.
Project Schedule:
February 2026 - January 2027
This project meets the requirements of Section
13103(a) public education and Section 13103(e)
habitat improvement. The project led by The
Watershed Project in partnership with the John Muir
Chapter of Trout Unlimited will monitor water
temperature and connectivity, assess fish barriers,
in the lower watershed of Wildcat Creek. Partial
funding is recommended for fish barrier assessment,
lab fees, water connectivity monitoring, water
quality monitoring, trash cleanup and monitoring
items, public education materials, and safety items,
as listed in the grant application and supplemented
with the additional itemized breakdown of water
connectivity and WQ monitoring provided on August
29, 2025; and may not be used for accounting
services or liability insurance.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
P
John Muir
Unlimited
non-profit
Upper Wildcat
Creek Habitat and
Fish Passage
Barrier Study
(e) habitat
improvement West County $5,755.00 $5,755.00
Chapter of Trout Unlimited (JMTU). They will
partner with The Watershed Project (TWP),
who also submitted an application (see
above) on a 2026 Fish Barrier Assessment in
Wildcat Creek, identifying barriers that limit
trout migration and steelhead access to
upper watershed habitat. JMTU will lead
work in the upper watershed, conducting fish
passage evaluations and monitoring water
temperature and dissolved oxygen, while
collaborating with TWP to standardize
methods, equipment, training, and data
documentation. Grant funds will support
barrier assessment work and water quality
monitoring in the upper watershed and will
be used to purchase Onset DO Sensor Caps,
Densiometer, a laser level, a staff gauge, and
measuring tapes.
Project Schedule:
March/April 2026 - December 2026
**The applicant requests an exception to the
grant funding cost reimbursement
requirement due to financial hardship. Please
refer to the grant application for the
applicant's statement of financial hardship.
This project meets the requirements of Section
13103(e) habitat improvement. The project, led by
the John Muir Chapter of Trout Unlimited in
partnership with The Watershed Project, will provide
direct benefits to anadromous fish species by
improving understanding of spawning and rearing
conditions and identifying necessary interventions to
support fish passage improvements. Short-term
benefits include restoring the range of the upper
Wildcat resident trout population, while longer-term
benefits aim to restore historic steelhead runs. Full
funding is recommended for Onset DO Sensor Caps,
Onset DO Sensor Batteries, a Spherical Crown
Densiometer, a laser level, a staff gauge, and
measuring tapes.
The Committee also recommends approval of the
applicant’s request for an exception to the grant
funding cost reimbursement requirement due to
financial hardship.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
Q
Wildcat Canyon
Community
School
school
Habitat Restoration
and Ecological
Education for Future
Generations
(a) public education
(e) habitat
improvement
West County $5,250.00 $5,250.00
This is a request for funds to continue
restoring native habitat on their 91-acre
campus and expand a native ecosystem
work funded by a previous Fish and Wildlife
Propagation Fund grant, this project will add
resilient native trees and wildflowers,
protected from gophers and deer. Students
from preschool to 8th grade will engage in
hands-on restoration and outdoor learning.
Grant funds will be used for native trees,
native wildlflower seeds, gopher cages,
welded wire fencing, t-posts and plant
labeling materials.
Project Schedule:
January 2026 - December 2026
**The applicant requests an exception to the
grant funding cost reimbursement
requirement due to financial hardship. Please
refer to the grant application for the
applicant's statement of financial hardship.
This project meets the requirements of Section
13103(a) public education and (e) habitat
improvement. The project will continue the
restoration of native wildlife habitat on the 91-acre
Wildcat Canyon Community School campus, which
borders Wildcat Canyon Regional Park and supports
diverse wildlife including deer, coyotes, rabbits, and
hawks. The project will engage students and
and creating a native ecosystem teaching garden,
fostering environmental stewardship and
understanding of the benefits of native plants. Full
funding is recommended for native trees, native
t-posts, and plant labeling materials.
The Committee also recommends approval of the
applicant’s request for an exception to the grant
funding cost reimbursement requirement due to
financial hardship.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
R Worth a Dam non-profit
The Water
Guardians/Aqua
Squad
(a) public education Central
County $895.00 $895.00
This is a request for funds to support an
educational activity that teaches children
about the critical role beavers play in
maintaining healthy waterways. Through
interactive exhibits, children learn how
beaver dams improve water quality, reduce
erosion, and recharge groundwater.
Participants collect stickers at four stations to
a quiz to reinforce learning. The program
includes a large chalk mural illustrating
beaver benefits, created by a local artist.
Grant funds will be used for materials to
support the activity and artist supplies which
include water attributes cards, small sticker
books, location map festival brochures,
attribute graphics, mini glass bottles w/eye
and cork, beaver charms, cotton waxed cord
and chalk pastels.
Project Schedule:
The event date is to be determined.
This project meets the requirements of Section
13103(a) public education. The activity teaches
children about the vital role of beavers in
maintaining healthy waterways. Through interactive
exhibits, participants learn how beaver dams
improve water quality, reduce erosion, and recharge
groundwater showing the importance of species that
encourages environmental awareness and
stewardship in a creative, hands-on way. Full funding
is recommended for materials and artist supplies,
including water attribute cards, small sticker books,
location map festival brochures, attribute graphics,
mini glass bottles with eye and cork, beaver charms,
cotton waxed cord, and chalk pastels.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
S
Sierra Club
Delta Group of
the Sierra Club
SF Bay Chapter
non-profit
Marsh Creek
Stewards:
Education,
Engagement, and
Habitat Action
(a) public education
(d) Breeding, raising,
purchasing, or
releasing fish
(n) other
expenditures,
approved by the
department *
*CDFW has
confirmed this
project is eligible to
receive funds under
FGC Section 13103
(a), (d) and (n)
East County $13,000.00 $0.00
This is a request for funds for a locally
focused pilot project to improve native
Creek through habitat restoration, classroom
salmon-rearing programs, educational
signage, and volunteer creek monitoring.
Grant funds will be used for aquarium kits,
signage, cleanup gear, youth waders, printed
materials, engagement tools, and interns.
Project Schedule:
Project will begin upon funding approval.
Full completion by January 2027.
**The applicant requests an exception to the
grant funding cost reimbursement
requirement due to financial hardship. Please
refer to the grant application for the
applicant's statement of financial hardship.
This application was received approximately
one hour after the deadline due to laptop
issues.
The application was withdrawn.
10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Organization Type of Org Project Title Type of Project Location of
Project
Requested
Funding
Amount
Recommended
Funding
Amount
Staff Summary of Request FWC Rationale for Recommendation
T Earth Team non-profit
Water Quality
Monitoring in
Contra Costa
Watersheds
(a) public education
(e) habitat
improvement
East County
50%
West County
50%
$5,000.00 $5,000.00
This is a request for funds to acquire
dedicated water quality monitoring
equipment to support Earth Teams' ongoing
high school internship programs across
multiple Contra Costa County watersheds. 56
paid interns at Antioch, Pittsburg, Richmond,
and Pinole high schools will conduct water
quality and benthic macroinvertebrate
surveys, invasive species removal, and native
plant restoration at sites in 2025-26. Grant
funds will be used to purchase water quality
equipment and supplies including: YSI
EcoSense meters, Vernier Go Direct sensors,
calibration solutions, backup probes and
cases.
Project Schedule:
September 2025 - May 2026
This application was originally received prior
to the deadline. The applicant explained that
formatting and PDF conversion issues caused
the application to exceed the page limit, so
they resubmitted a revised version the
following business day to comply with
requirements.
This project meets the requirements of Section
13103(a) public education and (e) habitat
improvement. The project will engage high school
interns in hands-on research, data collection, and
native vegetation work at sites across multiple
Contra Costa County watersheds. Acquiring
dedicated equipment will support fieldwork and
reduce logistical challenges. Full funding is
recommended to purchase water quality equipment
and supplies, including YSI EcoSense handheld
meters, Vernier Go Direct sensors, calibration
solutions, backup probes, and cases, as further
detailed in their supplemental Spending Plan
provided on September 8, 2025.
Total $281,662.08 $148,500.08
$579,995.18
Remainder $298,333.10 $431,495.10
Total Available Funds as of August 13, 2025
Page 18 of 19 10/19/2025
Grant Applications and Fish and Wildlife Committee Recommendations 2026
Page 19 of 19 10/19/2025
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
366
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-366 declaring November as Homelessness Awareness Month and Youth
Homelessness Outreach, Prevention, and Education (HOPE) Month in Contra Costa County; and
ADOPT Resolution No. 2025-385 declaring December 21st as Homeless Persons’ Memorial Day in
Contra Costa County, as recommended by the Health Services Director.
Attachments:1. Homelessness Awareness Month Presentation_ 11.4.pdf, 2. 2025_HAM-Flyer-Toolkit, 3.
Outstanding Housing Provider Recognition, 4. Outstanding Partnership Recognition, 5. Outstanding
Volunteer Recognition, 6. Phoenix Rising Recognition, 7. Resolution No. 2025-366
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Grant Colfax, Health Services Director
Report Title:Council on Homelessness “Homelessness Awareness Month” Presentation
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ACCEPT presentation recognizing November 2025 as Homeless Awareness Month by the Chair and Vice Chair
of the Council on Homelessness; ADOPT a resolution declaring November as Homelessness Awareness Month,
and Youth Homelessness Outreach, Prevention, and Education (HOPE) Month in Contra Costa County; and
ADOPT a resolution declaring December 21st as Homeless Persons’ Memorial Day in Contra Costa County.
FISCAL IMPACT:
There is no fical impact for this action.
BACKGROUND:
November is National Homelessness Awareness month and Youth Homelessness Outreach, Prevention, and
Education (HOPE) month. The Council on Homelessness will join the national effort to highlight the various
housing and homelessness issues in our community and showcase the myriad efforts within the homeless
Continuum of Care that is making a real impact on reducing homelessness.
In Contra Costa, we are marking this month in a number of ways including;
1)A Homelessness Awareness Toolkit to support engagement on the issue of homelessness through
education, advocacy, and service (
<https://drive.google.com/drive/folders/1f_x2447DMe8VybeqfuozY6gspKLX3UC1?usp=drive_link>)
2)Recognizing and hosting a reception on 11/4 to celebrate nearly 100 people, projects and businesses
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 6
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File #:RES 2025-366,Version:1
who have made an impact on the lives of people facing homelessness (Register for the event at
<https://forms.office.com/g/xQMNUsYVdx>. See full slate of recognized parties attached to the packet)
3)A training on Adultism presented by the Youth Action Board on 11/10 (Register:
<https://homebaseccc.zoom.us/meeting/register/tZMpf-Crqj0vG9T2WvrbPE_50eD1xJZArPV4>)
4)Cohosting a Homeless Persons’ Memorial Day event with Contra Costa Crisis Center, NAMI Contra
Costa and SoS Richmond on Friday, December 19th (Register for event here:
<https://forms.gle/xUwFRUoLefe8L7y76>)
5)Asking the Board of Supervisors to adopt two resolutions naming a) November as Homelessness
Awareness Month and Youth Homelessness Outreach, Prevention, and Education (HOPE) Month and b)
December 21st as Homeless Persons’ Memorial Day.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not taken, there will not be a much public awareness regarding the issue of homelessness in
Contra Costa County.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 6
powered by Legistar™
File #:RES 2025-366,Version:1
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF declaring November Homelessness Awareness and Youth Homelessness Outreach,
Prevention, and Education (HOPE) Month
WHEREAS, November is recognized nationally as Homelessness Awareness Month, and Youth Homelessness
Outreach, Prevention, and Education (HOPE) Month, a time to acknowledge the challenges faced by adults,
youth and young adults, and families experiencing homelessness and to mobilize community-wide efforts
toward lasting solutions; and
WHEREAS, 14,245 individuals accessed homeless services in Contra Costa County in 2024-an increase of
40% from 2020, underscoring systemic housing challenges; and
WHEREAS, homelessness in Contra Costa County is driven primarily by the lack of affordable housing, with
32,296 low-income renter households in Contra Costa County not having access to an affordable home in 2024;
and
WHEREAS, according to The Opportunity to Change: A Community Needs Assessment for Youth and Young
Adult Homelessness, an estimated 13,506 young people are experiencing homelessness in Contra Costa
County, driven by factors such as aging out of foster care, family conflict, a lack of affordable housing, and
systemic disparities including racism, homophobia, and transphobia; and
WHEREAS, renters needing to earn $45.50per hour-more than 2.5 times the City of Richmond’s minimum
wage-to afford the average monthly rent of $2,366; and
WHEREAS, in 2025 in Contra Costa County, there were only 3,787 temporary and permanent housing beds for
persons experiencing homelessness, a stark shortfall compared to the scale of need across our communities; and
WHEREAS, Contra Costa County’s 34% increase in temporary and permanent housing beds over the past two
years reflects a sustained commitment to expanding shelter and housing solutions; and
WHEREAS, racial disparities persist, with Black/African American/African households and people with
Multiple Races were over-represented in the CoC relative to the county population (4x and 3x, respectively);
and
WHEREAS 63% of unsheltered people surveyed as part of Contra Costa’s 2025 Point in Time Count
experienced being made to move by city workers or law enforcement within the past year; and
CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 6
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WHEREAS research shows that criminalizing homelessness worsens the crisis and deepens existing racial
inequities and
WHEREAS, since 2020, Contra Costa has seen an 79% increase in households with minor children, a 69%
increase in seniors aged 65+, and a 53% increase in Transition Aged Youth (ages 18-24) accessing homeless
services; and
WHEREAS, the Contra Costa Continuum of Care unites over 50 organizations, jurisdictions, and individuals
committed to preventing and ending homelessness through coordinated housing, health, and support services;
and
WHEREAS, Contra Costa Continuum of Care is committed to promoting evidence-based practices like Harm
Reduction and Housing First to achieve permanent housing outcomes for the most vulnerable in our
community;and
WHEREAS, the Youth Action Board, composed of youth and young adults (YYA) with lived experience of
homelessness in Contra Costa County, is actively leading and amplifying the voices of YYA, informing the
Contra Costa Continuum of Care, and providing leadership and guidance in collaboration with community
stakeholders to end YYA homelessness; and
WHEREAS, the Council on Homelessness, staffed by Contra Costa Health, serves as both an advisory body to
the Board of Supervisors and the planning entity for the Continuum of Care, welcoming public engagement and
collaboration.
NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby
proclaims November 2025 as Homelessness Awareness Month and Youth Homelessness Outreach, Prevention,
and Education (HOPE) Month in Contra Costa County.
BE IT FURTHER RESOLVED that the Board affirms its commitment to building and sustaining a well-
resourced, coordinated, and equity-driven Continuum of Care that meets the complex needs of people
experiencing homelessness.
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF naming December 21, 2025 National Homeless Persons’ Memorial Day
CONTRA COSTA COUNTY Printed on 1/2/2026Page 4 of 6
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File #:RES 2025-366,Version:1
In recognition of the lives lost and the ongoing crisis of homelessness, the Contra Costa Board of Supervisors
seeks to honor the memory of those who died without housing and to recommit to lasting solutions that affirm
dignity, health, and housing for all.
WHEREAS, December 21, 2025 marks the first day of winter and the longest night of the year, symbolizing the
hardships faced by individuals living without shelter; and
WHEREAS, the National Coalition for the Homeless and the National Health Care for the Homeless Council
have designated December 21, 2025 as National Homeless Persons’ Memorial Day; and
WHEREAS, 14,245 individuals accessed homeless services in Contra Costa County in 2024-an increase of
40% from 2020, underscoring systemic housing challenges; and
WHEREAS, homelessness increases risk of illness, injury, and premature death, with non-elderly homeless
individuals facing a mortality rate 3.5 times higher than their housed peers-comparable to housed individuals
two decades older in age; and
WHEREAS, in 2024, the Contra Costa Coroner reported 76 people experiencing homelessness who died during
calendar year 2024, a 33% decrease from 2023; and
WHEREAS, drug and alcohol-related accidental deaths represented the highest cause of mortality in this group,
followed by natural causes and other accidents; and
WHEREAS, cuts to Medicaid will disproportionately impact people experiencing homelessness, making it
more difficult to access the broad range of care needed to maintain their health, engage in employment, and
achieve housing; and
WHEREAS, Contra Costa County calls on government agencies, faith communities, business leaders, nonprofit
organizations, and residents to recognize the urgent need to address homelessness through sustained
collaboration, compassion, and advocacy; and
WHEREAS 63% of unsheltered people surveyed as part of Contra Costa’s 2025 Point in Time Count
experienced being made to move by city workers or law enforcement within the past year; and
WHEREAS, the Council on Homelessness, serving as both an advisory board to the Board of Supervisors and
the planning body for the Continuum of Care, coordinates the county’s strategy toward ending homelessness
and encourages active community participation; and
WHEREAS, the Health, Housing, and Homeless Services Division of Contra Costa Health is committed to
making homelessness rare, brief, and non-recurring through an integrated system of housing and support; and
WHEREAS, a ’Homeless Persons Memorial <https://forms.gle/yLVppZ6pvMEqvFzH9> event will be held on Friday,
December 19, 2025 coordinated by Contra Costa Council on Homelessness, NAMI Contra Costa and Safe
Organized Spaces Richmond, offering space to honor lives lost; and
CONTRA COSTA COUNTY Printed on 1/2/2026Page 5 of 6
powered by Legistar™
File #:RES 2025-366,Version:1
WHEREAS, by gathering in remembrance and solidarity, the community can affirm its commitment to
meaningful change and honor the humanity of every neighbor lost to homelessness;
NOW, THEREFORE, BE IT RESOLVED That the Contra Costa Board of Supervisors hereby declares
December 21, 2025 as National Homeless Persons’ Memorial Day in Contra Costa County-to honor those who
have died without shelter, to encourage collective reflection and engagement, and to strengthen our
commitment to housing solutions rooted in dignity, equity, and hope.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 6 of 6
powered by Legistar™
HOMELESSNESS AWARENESS MONTH
AND
YOUTH HOMELESSNESS OUTREACH, PREVENTION, AND EDUCATION
(HOPE) MONTH
2025
INTRODUCTIONS
Nicole Green, Chair & Reentry Representative
Juno Hedrick, Vice Chair & Lived Experience Advisor
Leon Saelee, Youth Action Board Lead
HOMELESSNESS
AWARENESS MONTH
VIDEO
HIGHLIGHTS
TOOLKIT RECOGNITIONS RESOLUTIONS
TOOLKIT
LEARN
ACT
CELEBRATE
RECOGNITIONS
Outstanding Volunteer (16)
Outstanding Housing Provider (13)
Outstanding Partnership (45)
Phoenix Rising (17)
•Tuesday, 11/4 from Noon –1:30 pm
Honoree Reception
•Monday, November 10th, 10 am -Noon
Youth Action Board Training on Adultism
•Friday, 12/19 from 11:00 am –1 pm
•HYBRID: Antioch
Homeless Person’s Memorial Event
Check Toolkit for more!
EVENTS
Register for event
Submit names to be read
Register
RESOLUTIONS
Homelessness Awareness Month and Youth
Homelessness Outreach, Prevention, and
Education (HOPE) Month
(November)
Homeless Persons’ Memorial Day (December 21st)
HAM RESOLUTION
•November is nationally designated month
•40% increase in people accessing homeless services
•53% increase in Transition Aged Youth (ages 18–24)
•Reason for ask
•Lack of affordable housing and shelter
•Racial inequities
•Criminalization of homelessness
•Challenges
•34% increase in temporary and permanent housing beds
•Active Youth Action Board
•Strong network of 50+ partners
•Successes
MEMORIAL RESOLUTION
•December 21st is national Homeless Persons’ Memorial Day
•Reason for ask
•Homelessness increases risk of illness, injury, and premature death
•Coroner reported 76 people experiencing homelessness died in 2024
•Cuts to safety net put more people at risk
•Issue
•33% decrease in deaths from 2023 to 2024.
•Community-led memorial event
•Successes
THANK YOU!
Homeless Awareness Month Toolkit
L E A R N
This November, join the Contra Costa Council on Homelessness and Contra Costa Health in
recognizing Homelessness Awareness Month.
Explore our easy-to-use toolkit to:
Download the toolkit
2 0 2 5 H O M E L E S S N E S S AWA R E N E S S M O N T H
A C T
2 0 2 5 H O M E L E S S N E S S AWA R E N E S S M O N T H
L E A R N
A C T
C E L E B R AT E
Learn about homelessness in Contra Costa County
Act by attending events, volunteering or donating
Celebrate the people and projects making a difference
C E L E B R AT E
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Outstanding Housing Provider Recognitions
As part of Homelessness Awareness Month (November), the Contra Costa Council on
Homelessness wants to recognize those landlords, property management companies, and
other housing operators that create permanent housing opportunities for people at risk of
or experiencing homelessness in Contra Costa County through the Outstanding Housing
Provider category. Outstanding efforts towards providing permanent housing opportunities
for people at risk of or experiencing homelessness can be demonstrated in a number of
ways including length of time involved in providing units/rooms; Number of units/rooms;
and/or; quality of units/rooms rented Person or company must rent units/rooms in Contra
Costa County to people at risk of or experiencing homelessness. This may include shared
housing, sober living environments, recovery housing, board and cares, halfway houses
and transitional housing.
Nominees
1. Joyce Lao
2. Joyce Lao
3. Joyce Lao
4. Joyce Lao
5. Joyce Lao
6. Joyce Jingjing Lao
7. Jyoti & Sumer Desai
8. Mei Lei and John
Sommer
9. Robert Linhart
10. Ryan Domingue (all
Oxford House House
Managers) and
Rachel Domingue
11. Shah (Shahrooz)
Wadpey
12. Stephanie Bergin
13. Tiffany Powell
The following pages contain descriptions of each nominee as provided by the person (s)
who nominated them
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Lao
Nominated by: Kevin Keow, Renter
Supervisorial District of Nominee: District 1
Reason for nomination:
I have been in this program twice now and I have got to say that programs like
this does help out a lot to homeless people.me as for myself it has lifted my
spirit and hope up in many ways and I'm a second affender to this
program.from the streets that I came from it took me time to adjust my way
back to a normal living environment I wasn't used to having a room nor to
mention a roof over my head with out no supervision watch.i have to thank
God for making this happen and my landlord for given me a second chance to
start a new life sober.
There's a big difference from the time that I was homeless I felt like I was
worthless and couldn't fit in with society like a normal person could that
people wouldn't talk to or approach me and the feeling of being single out
because it I was homeless in the streets label as the dirty filthy bad guy
straggling around lost in the streets but when I seemed for help I Started to see
the light and cleaned myself up ate better, slept better, dressed better and
start to self a different person in the mirror and fitted right back into society
and a normal person and meet new people and got hired for a job and got my
life back on track
I appreciate these programs very much and I hope that they would expand and
have more program for us it also help us from staying off the streets.we all
have good in us but some time when the tough times come up some tend to
fall down and just give up and never get back up again.so I thank u guy so very
much and God bless u all in the organization
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Lao
Nominated by: joyce jingjing lao, self
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Since November 2024, Joyce Jingjing Lao, through Nova Vita LLC, has provided
a safe and supportive housing environment for nearly 70 individuals seeking
stability and change. Over the past 9 months, her program has offered 22
clean, stable, and well-managed rooms to individuals and families facing
homelessness in Contra Costa County. While her organization is still less than
a year old, Joyce’s impact has been substantial. She not only provides
physical shelter but also creates a supportive, structured community where
people can rebuild their lives. Her emphasis on quality housing, clear rules,
and a respectful, person-centered approach ensures that residents feel both
supported and accountable. Even during late pregnancy and shortly after
giving birth, Joyce continued to personally visit the houses at least three times
per week, speaking with residents, listening to their concerns, and offering
encouragement.
Joyce’s work goes beyond simply providing rooms—she builds a community
where residents can experience dignity, accountability, and belonging. She
often tells them: “This is my house, but it is your home. I want you to feel at
home here. At the same time, because this is my house, everyone needs to
follow the rules.” She also reminds residents that making mistakes is
understandable, as long as they are willing to learn and change. What she
encourages them to avoid is repeating the same mistake over and over—
“Don’t keep falling in the same place,” she often tells them. This message has
given many residents the courage to keep trying, to take responsibility, and to
believe that change is possible. Since November 2024, nearly 70 residents
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
have lived at Nova Vita homes. Some have moved on to higher levels of care,
others have successfully found employment and moved out, and some, after
finding work, have chosen to stay because they value the supportive family-
like environment. Today, about 30 residents continue to live in Nova Vita
housing, actively working on personal change and stability.
Joyce Jingjing Lao demonstrates extraordinary commitment to her residents
and to the community. She creates housing that is not just shelter but a true
home—a place where individuals can recover, grow, and prepare for long-term
stability.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Lao
Nominated by: Kelly Deegan, Tenant
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Joyce has a special way about her, she not only connects with each of her
tenants personally, she provides a safe and secure home for her tenants. By
doing so it creates positive foundations for successful futures! I was able to
LOVE myself again! There are not enough hours in a day for me now where as
before there were too many! Thank you Joyce for providing what I needed to
become the woman I so longed to be!
What separates Joyce blouse homes from the rest of Contra Costas program
housing is that she genuinely cares about the homeless community
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Lao
Nominated by: Maria V Cortes, Tenant
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
She goes above and beyond to help and make sure people who meet the
criteria our able to be helped in her units or houses in a safe manner.
I feel speaking for myself and family that is very grateful for opening her doors
to her sober living homes . For being able to feel safe and living clean and
sober having a place of my own to utilize and stay positive it’s a Blessing
I ‘m thankful today for making the right choices in life and staying focused and
motivated to achieve my goals and dreams. With the Grace of my higher
power having a place of my own couldn’t do it with a second chance thanks to
Joyce Lao
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Lao
Nominated by: Lance Johnson, Tenant
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Joyce is quick to respond to requests and is a pleasure to engage with.
In our household we all highly value Joyce as she is considerate of each of our
needs and able to take that information and have us all work together.
I highly recommend Joyce to anyone that is in need of housing placement. Her
housing environment is safe, clean and nurturing.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Joyce Jingjing Lao
Nominated by: Wilanda Hughes
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Nova Vista LLC - has provided 14 transitional housing beds and 3 permanent
housing for justice-impacted individuals since February 2025, who were facing
homelessness. The individual participant values the work of the nominee by
having a safe residence to call home.
Nova Vista LLC’s commitment to accessibility is one of the cornerstones of
our housing programs. Nova Vista has established a network of housing
locations throughout Contra Costa and Solano counties, enabling us to offer
immediate and same-day placement for those in need. At times, being able to
secure transitional housing within 24 hours of release is highly valued by
justice-impacted individuals, as it provides a critical bridge to stability and
safety.
Clients have expressed a strong sense of security and belonging while residing
at Nova Vista LLC.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Jyoti & Sumer Desai
Nominated by: Marjorie Oliver, Partner
Supervisorial District of Nominee: District 3
Reason for nomination:
Jyoti and Sumer Desai, owners of the Executive Inn, have made an
extraordinary contribution to ending homelessness in Antioch by offering their
property to house unhoused residents through the City’s Opportunity Village
program. Their current commitment provides temporary housing for 37
individuals and 23 canine companions from the Devpar Encampment for a
two-year period.
This marks their second time partnering with the City. Their first effort lasted
three years and led to remarkable outcomes—many residents transitioned
into permanent housing, employment, and greater stability. The Executive Inn
is not only functional but welcoming, with its vibrant bougainvillea and inviting
atmosphere offering a true sense of home.
The Desais’ sustained generosity and commitment have created a vital bridge
from homelessness to hope, making them invaluable partners in the region’s
housing solutions.
The Executive Inn, through the Opportunity Village program, has transformed
the lives of unhoused residents from the Antioch Devpar Encampment by
offering safe, dignified temporary housing and a pathway to permanent
stability. Residents now have a beautiful space to call home—where they can
sleep, shower, and live with their pets—while receiving meals, laundry access,
transportation to medical appointments, and critical support services.
Thanks to the generosity of Jyoti and Sumer Desai, owners of the Executive
Inn, and the collaboration of partners like the Housing Consortium of the East
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Bay (HCEB), Hope Solutions, Loaves and Fishes, White Pony Express, and the
CORE Team, residents are connected to case management, rapid rehousing,
and daily nourishment. This collective effort has restored hope not only to the
individuals served but also to the broader community, who see this as a model
of compassion and impact.
The Desais’ commitment is deeply valued by service providers, city leaders,
and community members alike, who recognize that their work is not just about
shelter—it’s about dignity, opportunity, and lasting change.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Mei Lei and John Sommer
Nominated by: Brittany Grenier, Work with this provider in the community!
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
The JMS recovery homes provides our reentry parolees a place to come home.
Thy are treated with dignity and respect. It’s a beautiful home were the men
feel confident .
They understand through there own lived experience what it feels like to come
home from being in prison and allow the men to make this place a home, not
just a halfway house.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Robert Linhart
Nominated by: Jim Becker, Colleague
Supervisorial District of Nominee: District 1
Reason for nomination:
RCF Connects would like to recognize landlord Robert Linhart for his
partnership with our Housing First and ERF2 programs. He has provided
housing for formerly unhoused residents since 2023. The housing units are of
good quality, and he rents one two and three bedroom apartments and single
family homes. He currently provides 27 housing untis for individuals and
families.
Robert Linhart actively works with us to make sure that residents take up key
services to help them move forward. He maintains strong communication
with us so that we can address issues and celebrate successes. He also
participates in our Stand on Your Feet and other events with his residents to
help them feel supported.
He continues to add the housing units to the available pool so that more
people can be served.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Ryan Domingue ( all
Oxford House House
Managers) and Rachel
Domingue
Nominated by: Wilanda Hughes, none
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Oxford House has provided transitional and permanent housing to
participants to decrease homelessness affecting participants battling
substance abuse through recovery. The last three years we have worked with
several Oxford Houses such as - Summer, The Pond, Remedy, and Cinelli
providing transitional and permanent housing to about 10-12 participants on
average in a calendar year.
The Oxford House program goes beyond simply treating addiction by
recognizing that a stable living environment is essential for long-term recovery.
Their work to provides a safe, sober, and supportive residential setting to help
remove barriers to recovery and provide a foundation in which other issues
can be addressed.
By creating an environment where participants can connect with others on a
similar journey, they have helped to reduce the isolation and stigma often
associated with both homelessness and addiction.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Shah (Shahrooz) Wadpey
Nominated by: Bill Jones, Tenant (Hope Solutions) in master leased PSH units
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Shah Wadpey has master leased units to Hope Solutions' permanent
supportive housing programs since 2016. He leases a total of 10 units that
house 17 Hope Solutions clients who were chronically homeless and face a
range of disabling conditions. Shah is a landlord who provides high quality,
well-maintained units to his tenants/subtenants. He also treats Hope
Solutions clients and staff with consistent kindness and respect, maintaining
a willingness and openness to all clients that is commendable. When he has
had work opportunities for which Hope Solutions clients may be eligible, he
has also freely offered those opportunities.
Shah has maintained a steady partnership with Hope Solutions through a
range of challenges our clients have faced while living in his units. He is
consistently willing to roll up his own sleeves to partner with us when
maintenance issues arise, and he demonstrates a responsiveness to Hope
Solutions clients that shows he understands their challenges while respecting
their strengths. Our clients who have had occasion to interact with him have
told us they view him as a good and kind person, and they like the units in
which they make their homes. For clients in permanent housing situations,
being able to live long-term in a quality unit has a direct positive impact on
their quality of life and stability.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Stephanie Bergin
Nominated by: Latanya Johnson, Housing provider who has and continues to
work with Caminar clients
Supervisorial District of Nominee: District 4
Reason for nomination:
Stephanie, a landlord in Contra Costa, has provided housing to 4 families
through the county's Bringing Families Home program run by Caminar and is
committed to working with the program to house more clients. She also works
with the City of Concord Rapid Rehousing program and clients working with
GROW Concord.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Tiffany Powell
Nominated by: Tanya Jacobs, Collaborating Agency
Supervisorial District of Nominee: District 1
Reason for nomination:
Glo's Independent Living, LLC continues to bridge the gap with the
underserved communities who experience minimal supports while in their
needs of transitions. They have provided affordable and supportive housing
resources to community members to ensure they have a safe and stable
housing environment.
Glo's leadership team is passionate, patient and consistent with providing
care to their community members. Their residents values their work and
supports the efforts to continue to main stream a safe, living environment.
The leadership team is resilent and lived experience of providing care to their
community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Outstanding Partnerships Recognitions
As part of Homelessness Awareness Month (November), the Contra Costa Council on
Homelessness wants to recognize partnerships that support people at risk of or
experiencing homelessness through the Outstanding Partnership category. Partnerships
can be with/between government agencies, nonprofits/CBOs, advocacy groups, faith
organizations, individuals (including those facing homelessness), and businesses. The
partnership must support people facing homelessness in Contra Costa County in some
way, but does not have to only serve people experiencing homelessness.
Nominees
1. C4SI - Capitalists for Shared Income Project: C4SI - Capitalists for Shared Income
and Trinity Center
2. Community Supports Program: Staff at Contra Costa Public Health Community
Supports Program
3. CCH: CORE Mobile Outreach Community-wide Partnership: Kenneth Humphrey,
CCH’s CORE mobile outreach program, City of Concord, Contra Costa Public
Works, CCH: Health Care for the Homeless, CalAIM providers, and local shelters
4. CCH: CORE Mobile Outreach/SOS Richmond Partnership: Tanya Ruscigno,
O’Neill Fernandez, CORE Mobile Outreach and SOS Richmond
5. City of Antioch/CCH: CORE Mobile Outreach Partnership: Rebecca Sanders,
CCH’s CORE mobile outreach program and the City of Antioch
6. City of Antioch/Facing Homelessness Partnership: Nichole Gardner, Facing
Homelessness and the City of Antioch
7. City of Antioch/SHARE Community Partnership: Ricka Davis-Sheard, SHARE
Community and The City of Antioch
8. Data Improvement Project: Contra Costa Health Divisions - Business Intelligence,
Contra Costa Health Plan and Health, Housing, and Homeless services
9. Delta Landing Partnership: Loaves and Fishes of Contra Costa and BACS at Delta
Landing
10. El Portal Place: Housing Authority of CC, CCH, Hope Solutions, Overa
11. Furnishing For The Future: Make it Home and Continuum of Care
12. GROW Community: GROW Community
13. Homeless Workforce Integration Network (H-WIN): Homeless Workforce
Integration Network (H-WIN) is a collaboration between Contra Costa Health: H3
(Health, Housing & Homeless Services), the Contra Costa Workforce Development
Board (WDBCC), and a wide network of community-based organizations
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
14. Homelessness 101 Series: Albert Garcia, Contra Costa County Library, Contra
Costa Health: Health, Housing, and Homeless Services, Cities of Antioch and
Walnut Creek and White Pony Express
15. Hope Solutions Teamwork: Hope Solutions’ Housing Works Rapid Rehousing and
Eviction Prevention Program
16. Lao Family Community Development/ Oxford House Partnership: Lao Family
Community Development - Housing For Strong Reentry and Oxford House
17. Laundry Love with Grace: Grace Episcopal Church, Martinez; City of Martinez;
Episcopal Impact Fund; First Congregational Church, Martinez; Laundry Love
(national); Episcopal Impact Fund; Martinez Community Foundation.
18. Leave No One Behind: NAMI Contra Costa, City of Concord, Minar, Hope Solutions,
Opportunity Village. Contra Costa Crisis Center, SOS Richmond, Loaves and
Fishes, Facing Homelessness in Antioch, Place of Peace Outreach, Delta Sigma and
various faith centers across the county
19. Loaves and Fishes of Contra Costa Partnership/ Opportunity Junction
Partnership: Opportunity Junction and Loaves and Fishes of Contra Costa
20. Loaves and Fishes of Contra Costa/ Trinity Center Partnership #1: Trinity Center
and Loaves & Fishes Contra Costa
21. Loaves and Fishes of Contra Costa/ Trinity Center Partnership #2: Trinty Center
and Loaves and Fishes of Contra Costa
22. Navigating Home: Contra Costa County Employment & Human Services Navigators
23. Pet Support for People Experiencing Homeless #1: Joybound People & Pets,
Contra Costa Animal Services and Contra Costa Health
24. Pet Support for People Experiencing Homeless #2: Joybound and CCH’s CORE
mobile outreach program
25. Point in Time Count GIS Project: The Contra Costa Department of IT (DoIT)
Geographic Information System (GIS) team and CCH: Health, Housing and
Homeless Servces (H3)
26. Prevention Screening Tool Project: Contra Costa Crisis Center, CCH: H3
Coordinated Entry Team and Prevention Providers
27. Recovery Services for Latinos Experiencing Homelessness: Pueblos Del Sol,
Support4Recovery and Contra Costa Health
28. Reentry Housing Partnership : Nova Vita LLC and LFCD Housing for Strong Reentry
Program
29. Reentry Services Collaboration: CCH’s CORE mobile outreach program, Contra
Costa County Public Defender’s Office, CCH: Detention Health Services, the Office
of Reentry and Justice (ORJ), and the Community Advisory Board (CAB)
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
30. Support for Families in WCCUSD #1: WCCUSD Families in Transition Team and
Community Education Partnerships
31. Support for Families in WCCUSD #2: West Contra Costa Unified School District
(WCCUSD) and Community Education Partnerships (CEP)
32. Supporting Children in Shelters: Bay Area Rescue Mission and Community
Education Partnerships
33. Supporting Immigrant Workers: Hijas del Campo and Loaves and Fishes of Contra
Costa
34. Supporting Pregnant and Parenting Clients: Violet Barton and her team of case
managers at Contra Costa Health: Family, Maternal and Child Health
35. Supporting Wellness in Shelters: The Fountain Project and Bay Area Rescue
36. Supporting Wellness in West County: The Fountain Project SOS Richmond and
GRIP
37. TAY Support: Community College Basic Needs Partnership: Hope Dixon, Contra
Costa Community College District, Basic Needs Programs and Youth Action Board
38. TAY Support: Community College Welcome Week: Sherina Criswell, CCH’s CORE
mobile outreach Transition Aged Youth (TAY) Education Team; Youth Action Board
(YAB) and Contra Costa Community Colleges
39. TAY Support: DVC Partnership: CCH’s CORE mobile outreach program and Diablo
Valley College
40. TAY Support: FYI Vouchers: Contra Costa Employment and Human Services
(ESHD) Children and Family Services Bureau, Hope Solutions and Housing Authority
of Contra Costa County
41. TAY Support: TAY By Name List Case Conference Partnership: Contra Costa
Coordinated Entry Team; CCH’s CORE mobile outreach TAY, Education Team &
Family Teams; CCH's Contra Costa Youth Continuum of Services (CCYCS) Team;
Hope Solutions TAY Programs Team; and Trinity Center.
42. TAY Support: Youth Action Board: RYSE Center, CCH: Health, Housing, and
Homeless Services (H3) and the Continuum of Care (CoC)
43. Teaming Up For Success: Nola Wright, ECM Case Manager, Contra Costa Health
and Ms. Roman Smith, client
44. Trinity Center/ St. Mary's Partnership: Trinity Center and St. Mary's congregation
with St. Vincent de Paul network
45. Unsheltered Veterans Surge Event: VA Homeless Program, CCH’s CORE mobile
outreach program, CCH's Coordinated Entry Team, Insight Housing, Shelter Inc's
SSVF program and Veterans Accession House
The following pages contain descriptions of each nominee as provided by the person (s) who
nominated them
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
C4SI - Capitalists for Shared
Income Project
Key Partners: C4SI - Capitalists for Shared Income and Trinity Center
Nominated by: Leticia Wiesner, Trinity Center
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: The partnership between C4SI Capitalists and Trinity
Center directly supports people facing homelessness in Contra Costa County
by providing $58 credit cards that help meet immediate and practical needs.
These funds empower individuals to purchase essentials—such as clothing,
personal care items, or transportation—that are critical to getting back on
their feet. This support, combined with Trinity Center’s programs in housing
navigation, workforce development, and community services, helps members
overcome barriers, restore dignity, and take meaningful steps toward stability
and independence. By addressing both urgent needs and long-term goals, the
partnership plays a vital role in reducing homelessness and strengthening the
community safety net in Contra Costa County. This support, combined with
Trinity Center’s programs in housing navigation, workforce development, and
community services, helps members overcome barriers, restore dignity, and
take meaningful steps toward stability and independence. By addressing both
urgent needs and long-term goals, the partnership plays a vital role in reducing
homelessness and strengthening the community safety net in Contra Costa
County.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
CCH: Community Supports
Program
Key Partners: Staff at Contra Costa Public Health Community Supports
Program
Nominated by: Gabrielle Fowler, CCH: Public Health: ECM
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Housing navigators with the CCH: Public Health
Community Support Program help Medi-Cal Members who are homeless or
at-risk find temporary/permanent shelter or housing These Housing Navigator
case manage clients referred from the Public Health ECM program. Housing
navigators provide in-person housing navigation and tenancy sustaining
services through case management. In addition to assisting clients with
housing searches & application submissions, these housing navigators
sometimes go beyond to network with landlords and property managers,
assist client with measure to increase their income and searching for
opportunities to get their clients support for deposits and move-in cost
assistance. The Contra Costa Public Health Community Support Housing
Navigators are a small but mighty team. They are a team of 4 covering West,
Central, East & Far East County.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
CCH: CORE Mobile Outreach
Community-wide Partnership
Key Partners: CCH’s CORE mobile outreach program, City of Concord,
Contra Costa Public Works, CCH: Health Care for the Homeless, CalAIM
providers, and local shelters
Nominated by: Lisa Thomas, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: District 4
Reason for nomination: As CARE Coordinator for CCH’s CORE mobile
outreach program, Kenneth Humphrey collaborates with the City of Concord,
Concord Police Department, Public Works, Health Care for the Homeless,
CalAIM providers, and local shelters to create a coordinated response. These
partnerships not only address immediate needs but also support long-term
housing and health stability. Engagement of People with Lived Experience:
Kenneth prioritizes including people with lived experience of homelessness
through peer specialists who help guide services, build trust, and ensure
outreach remains client-centered and trauma-informed.The partnership
supports people facing homelessness in Contra Costa County by connecting
them to basic needs, health care, CalAIM services, shelters, and housing
navigation. By working closely with local agencies and including peer
specialists with lived experience, Kenneth Humphrey and CORE mobile
outreach build trust and help clients engage in long-term stability resources.
Staff says, "We open the door for many client encountering issues with
addiction and homelessness" and "we help clients with their recovery"
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
CCH: CORE Mobile Outreach/SOS
Richmond Partnership
Key Partners: CORE Mobile Outreach and SOS Richmond both have a lot of
people with lived experience on the teams which really helps clients feel
comfortable.
Nominated by: Carmen Francois, CCH: Public Health: ECM
Supervisorial District of Nominee: District 1
Reason for nomination: Together they assist clients with housing, referrals,
hygiene, snacks. SOS Richmond offers a safe place to rest.
Tanya Ruscigno from CORE Mobile Outreach and O’Neil from SOS Richmond
are amazing
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
City of Antioch/CCH: CORE
Mobile Outreach Partnership
Key Partners: CCH’s CORE mobile outreach program and the City of Antioch
Nominated by: Marjorie Oliver, City of Antioch
Supervisorial District of Nominee: District 3
Reason for nomination: Antioch funds a CORE mobile outreach team to
support people experiencing homelessness in Antioch. Every day the CORE
mobile outreach team is out in the field connecting one-on-one with the
unhoused of Antioch, providing survival supplies, connecting people to
resources and completing applications for housing and other resources. They
work alongside Antioch’s Police, Public Works and Code Enforcement to
provide support to the residents when the city abates homeless
encampments. I especially want to recognize Rebecca Sanders, a CORE
mobile outreach Program Coordinator, who goes all in for our unhoused
residents. She really loves her job and it is evident in all she does. The City of
Antioch is truly blessed to have Rebecca and CORE mobile outreach out on
the streets caring for our unhoused community members.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
City of Antioch/Facing
Homelessness Partnership
Key Partners: Facing Homelessness and the City of Antioch
Nominated by: Marjorie Oliver, City of Antioch
Supervisorial District of Nominee: District 3
Reason for nomination: Nichole Gardner and her non-profit, Facing
Homelessness offeri resources to our local unhoused residents. in the city of
AntiochThe City of Antioch helps fund and support this amazing partnership.
Together these partners collaborate on how to support the work of Facing
Homelessness, including how to best assist the unhoused and promote their
resources to those who need it. Nichole is the boots-on-the-ground advocate
for the City of Antioch’s Unhoused Residents. She fights for their rights by
attending City Council Meetings and any other meetings she can find,
speaking up for them, calling for solutions and challenging the status quo. She
drives around town in her bus offering food, water, and resources while
offering a listening ear, words of encouragement and a compassionate
heart.Nichole has a Facing Homelessness in Antioch Facebook page that is
informative, collaborative and encouraging for all community members.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
City of Antioch/SHARE
Community Partnership
Key Partners: The SHARE Community and The City of Antioch
Nominated by: Marjorie Oliver, City of Antioch
Supervisorial District of Nominee: District 3
Reason for nomination: The SHARE Community brings showers and toilets
on wheels to the street to help our unhoused neighbors - delivered with an
unexpected level of care they call RADICAL HOSPITALITY® .When the City of
Antioch receives calls or a walk-in requesting for basic services such as food,
clothing, showers, etc, a resource we often share with our unhoused
residents is the shower program through The SHARE Community. The City of
Antioch helps fund and support this amazing partnership. The City sends
clothing donations, financial resources, youth and adult volunteers, and
promoting their resources. The SHARE Community provides showers, toilets,
clean clothes and shoes, a grooming station, and beverages and snacks to
local guests on Tuesdays and Thursdays. As the unhoused community
members arrive, they are welcomed with smiles, hugs and a whole lot of love.
The location where The SHARE Community provides their offerings, tables and
chairs are set up for eating, playing games, and connecting with friends, old
and new. This location also has a medical mobile unit and is a place where
Loaves and Fishes provides lunch. The SHARE Community's mission is to
share hope, abundance, resources and encouragement by creating ways for
people to work together toward positive change.
Ms. Ricka Davis-Sheard, Founder and Executive Director of the SHARE
Community offers the unhoused a bit of normalcy on every Tuesday and
Thursday with hot showers for the unhoused community. While they are in the
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
"in between" stages. Ms. Ricka and the SHARE Community not only offer hot
showers to the unhoused community they also offer clean clothes, new under
garments, shoes, breakfast, hot coffee/water & they share resources. Ms.
Ricka and the SHARE Community give so freely of their time, energy, and an
overflowing abundance of love, joy, patience, and steadfast commitment to
the unhoused. It’s a calling that can only be carried out with hearts as
generous and compassionate as theirs. [submitted by Ms. Evon Ufland]
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Data Improvement Project
Key Partners: Contra Costa Health Divisions - Business Intelligence, Contra
Costa Health Plan and Health, Housing, and Homeless services
Nominated by: Jamie Schecter, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Streamlining data to better support participants
experiencing homelessness. Through this partnership, Contra Costa Health
brings together multiple divisions to better serve people experiencing
homelessness. Key activities have included:
- developing a high risk flag notification so Contra Costa staff can better
support participants who may experience things like emergency department
admission. This increased coordination ensures staff are less likely to lose
track of particpants experincing a crisis
- partnering to streamline CalAIM claiming and billing to increase community
support services
- partnering to utilize health data to improve the Continuum of Care's Housing
Needs Assessment and reduce data collection burden on staff and
participants seeking housing
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Delta Landing Partnership
Key Partners: Loaves and Fishes of Contra Costa and BACS at Delta Landing
Nominated by: Janette Kennedy, Loaves and Fishes of Contra Costa County
Supervisorial District of Nominee: District 5
Reason for nomination: The two organizations work to help the homeless
community by providing services, such as a hot and nourishing meal at Delta
Landing, an interim housing facility that provides basic healthcare, housing
navigation, and case management provided on-site to help residents recover
from homelessness and find permanent housing.
Loaves and Fishes and BACS have worked together for the last 3 years and
have provided many people with hope. Lived experience staff and board
members help advise the work Loaves and Fishes of Contra Costa does
everyday.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
El Portal Place
Key Partners: Housing Authority of CC, CCH, Hope Solutions, Overa
Nominated by: Schecter xx, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: District 1
Reason for nomination: In partnership we were able to successfully house 54
chronically homeless individuals in record time. All partners worked together
to ensure processes were efficient and residents were able to move into a
welcoming and inclusive environment.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Furnishing For The Future
Key Partners: Make it Home and Continuum of Care
Nominated by: Shelby Ferguson, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Make it Home - Make it Home has been partnering
with many local homeless service providers in the Contra Costa Continuum of
Care to provide furniture for participants moving into housing at a very low
cost to providers. Make it Home has fully furnished countless participants
homes who are moving into housing on their own, many for the first time.
This partnership ensures that households moving into housing do so with
dignity. Having furniture contributes to long term success in maintaining
housing and helps participants feel a sense of pride and ownership over their
new home.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
GROW Community
Key Partners: GROW Community project in Concord
Nominated by: Ronda Deplazes, Community Member
Supervisorial District of Nominee: District 4
Reason for nomination: GROW Community project in Concord pulls together
amazing people and volunteers to provide clothing, showers, food,
acceptance and encouragement for people experiencing homelessness.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Homeless Workforce Integration
Network (H-WIN)
Key Partners: Homeless Workforce Integration Network (H-WIN) is a
collaboration between Contra Costa Health: H3 (Health, Housing & Homeless
Services), the Contra Costa Workforce Development Board (WDBCC), and a
wide network of community-based organizations including ad
Nominated by: Morgan Perkins, Hope Solutions
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: HWIN’s mission is to close the gaps between
housing and workforce by bringing together professionals in the community
whose job it is to support people experiencing homelessness. The goals is to
better connect county residents to the resources that enable them to have
stable housing, to earn a livable wage, and to thrive. Quarterly network
meetings bring together providers and administrators to learn, share
resources, problem solve, network and make referrals. Past programming has
featured presentations from Sparkpoint, HealthRIGHT 360, and the
Department of Child Support Services. More recently the H-WIN network has
taken field trips to sites like America’s Job Center of California (AJCC), Greater
Richmond Interfaith Program (GRIP), and Lao Family Community
Development (LFCD). These cooperative actions improve warm hand-offs,
strengthen communication, and build service pathways to help participants
access training, education, and employment opportunities.
Now in its fourth year, H-WIN has grown from an idea for the 2020 Workforce
Accelerator Fund (WAF-8) project into a countywide network and trusted
space for collaboration. Service providers from all sectors come together to
make our programs work better for our participants.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Homelessness 101 Series
Key Partners: Contra Costa County Library, Contra Costa Health: Health,
Housing, and Homeless Services, Cities of Antioch and Walnut Creek and
White Pony Express
Nominated by: Jaime Jenett, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: The Homelessness 101 series is a collaborative
educational initiative designed to increase public understanding of
homelessness in Contra Costa County. This partnership brings together public
agencies, nonprofits, and community members to create an accessible,
engaging space for learning and dialogue. Launched through a partnership
between the Contra Costa County Library and Contra Costa Health’s Health,
Housing, and Homeless Services team, the series offers informative sessions
tailored for a wide audience—from concerned residents and aspiring service
providers to individuals currently experiencing homelessness. Albert Garcia
from Contra Costa County Library has played a central role in the success of
this initiative. His leadership in coordinating with library sites across the
county ensured that each session was well-organized and community-
centered. Albert also led the development and distribution of marketing
materials, helping to broaden outreach and increase attendance. Additionally,
he worked closely with city staff, nonprofit partners, and volunteers to align
logistics and ensure that each event was welcoming and impactful. The series
has been hosted in Pittsburg, San Pablo, Concord, Antioch, and Walnut Creek,
with up to 40 attendees per session. Attendees have included government
officials and staff, safety net service providers, interested community
members and people experiencing homelessness. Highlights include: • City
Engagement: Staff from Antioch and Walnut Creek activel y participated in
planning and outreach. • Direct Support Services: White Pony Express
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
provided food and essential supplies to attendees. CORE mobile outreach
teams were present to provide attendees experiencing homelessness with
direct access to services and information. • Library Support: Local librarians
helped manage logistics, distribute supplies, and recruit attendees.
Homelessness 101 exemplifies the power of cross-sector collaboration. It not
only educates the public but also directly supports individuals at risk of or
experiencing homelessness. The initiative’s success is a testament to the
dedication of its partners—especially Albert Garcia’s behind-the-scenes
coordination and leadership.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Hope Solutions Teamwork
Key Partners: Hope Solutions’ Housing Works Rapid Rehousing and Eviction
Prevention Program
Nominated by: Ronald Broach, Hope Solutions
Supervisorial District of Nominee: Director of Housing and Support Services
Reason for nomination: This program has consistently exceeded the
milestones outlined in the 2024–2025 fiscal year agreement. Through the
coordinated efforts of dedicated Case Managers, Employment Specialists,
and Housing Navigators, the program has housed and stabilized numerous
individuals and families facing homelessness, creating lasting pathways to
independence. This team’s impact is reflected not only in the number of units
secured, but in the quality, safety, and suitability of the homes they connect
clients to. Their commitment extends beyond housing placement—fostering
relationships, increasing economic stability, and ensuring long-term tenancy.
Collectively, their work transforms lives and strengthens the community’s
ability to end homelessness. Combining their individual strengths, they lift
one another higher, creating a solid foundation for the next wave of clients to
step into stability—truly a “Transformers, activate!” moment in the fight to end
homelessness. The difference between Hope Solutions and others is simple:
our service delivery model is rooted in Compassion, Understanding, Flexibility,
and Forgiveness—all tied together with our action phrase: “We are going to
LOVE on you, and there ain’t nothing you can do about it.” The true Grammy
Award winners of these services are our unhoused neighbors, who gain vital
support in securing and maintaining housing, accessing employment
opportunities, and increasing their income. These steps open the door to the
social and economic mainstream, providing immediate stability and the
potential for generational wealth. Our work also ripples far beyond the
individuals we serve. Community members benefit when encampments
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
disappear from their neighborhoods—property values rise, fear and anxiety
decrease, and their streets become safe and welcoming once again. Children
are no longer exposed to the dangers that often accompany homelessness,
giving them a healthier, more secure environment to grow up in. And for our
staff, this work is a privilege. They have the rare and rewarding opportunity to
walk alongside someone on their journey toward self-sufficiency and
independence—a front-row seat to transformation in action. Aristotle once
said, “The whole is greater than the sum of its parts.” While Madam Director
Klevin, Employment Specialists Erica and Morgan, Housing Navigators Kelly
and Amanda, and Case Managers Unique, Sara, Toni, and Ron each shine
brilliantly in their individual roles, they are also essential pieces of a much
larger whole—one dedicated to healing our community and breaking the cycle
of poverty and homelessness. Together, the Hope Solutions Housing Works
Rapid Re-Housing and Eviction Prevention Team exemplifies collaboration at
its finest, combining expertise, compassion, and relentless dedication. Their
collective efforts do more than provide housing—they ignite hope, inspire
stability, and create pathways to lasting independence. It is with great pride
that I present this exceptional team as nominees for the Outstanding
Partnership category, honoring their unwavering dedication and
transformative impact on our community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Laundry Love with Grace
Key Partners: Grace Episcopal Church, Martinez; City of Martinez; Episcopal
Impact Fund; First Congregational Church, Martinez; Laundry Love (national);
Episcopal Impact Fund; Martinez Community Foundation.
Nominated by: Rev. Deb White, Grace Episcopal Church
Supervisorial District of Nominee: District 5
Reason for nomination: Laundry Love with Grace washes the clothes and
bedding of low and no -income families and individuals in Martinez. We
provide the quarters, detergent, and snacks and spend time in community
together at Launderland in Martinez while the laundry is running. People with
lived experience of homelessness work side-by-side with volunteers to wash
their clothes and bedding. Laundry Love at Grace has grown exponentially
since our first Friday when we washed about seven loads of laundry for three
people. We now regularly wash about 100 loads per week. We are part of a
national group that brightens the lives of thousands of people each month
through love, dignity,and detergent!
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Leave No One Behind
Key Partners: NAMI Contra Costa, City of Concord, Minar, various faith
centers across the county, Hope Solutions, Opportunity Village. Contra Costa
Crisis Center, SOS Richmond, Loaves and Fishes, Facing Homelessness in
Antioch, Place of Peace Outreach, and Delta Sigma
Nominated by: Elder Desiree Rushing, NAMI Contra Costa
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: “Leave No One Behind” (LNOB) Program is a part of
the NAMI FaithNet program and we partner with the City of Concord, Minar,
Various faith centers across the county, Hope Solutions, Opportunity Village.
Contra Costa Crisis Center, SOS Richmond, Loaves and Fishes, Facing
Homelessness in Antioch, Place of Peace Outreach, and Delta Sigma Theta
Sorority Inc. LNOB supports unsheltered people in the encampment behind
Target in Antioch, the encampment at the railroad tracks in Antioch on A street
and the encampment in the JCPenney parking lot in Brentwood as well as
people on the streets of Oakley, Antioch and Pittsburgh. We give unsheltered
people and people with mental health issues food, resources and prayer
when they ask. NAMI Contra Costa also participates in the planning of the
annual Homeless Persons' Memorial event which includes many of the same
partners listed above . Faith Centers in Contra Costa County allow us to feed
and use their property for education and shelter and the sorority has donated
articles and food to us to distribute. We have received backpacks with socks,
toiletries.etc. NAMI Contra Costa staff is comprised of people peers we serve
in the community. For more information go to: NAMI Contra Costa | Weekly
Warm Meals Volunteering. Ashley Lowe adds "The partnership actively seeks
out and documents homeless encampments in Contra Costa County and
adjusts meals provided to them based on the level of need. Homeless
individuals are welcome to come by and pick up food from NAMI CC's office,
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
even if it isn't a lunch day. They feel supported by one of their basic needs
being met." Gigi Crowder adds, "NAMI Contra Costa volunteers and staff
directly engage with people with lived experience of homelessness by talking
with them and providing takeaway lunches for them weekly, and more
frequently if they come by again. The partnership supports people facing
homelessness in Contra Costa County because they provide some basic
needs (water, food, sanitizers) to unsheltered individuals who normally have a
difficult time getting nutrition."
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Loaves and Fishes of Contra
Costa/Opportunity Junction
Partnership
Key Partners: Opportunity Junction and Loaves and Fishes of Contra Costa
Nominated by: Joleen Lafayette, Loaves and Fishes of Contra Costa County
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Opportunity Junction serves individuals who are very
low income giving them the opportunity to learn admin skills or nursing skills
for an opportunity in a new career. Loaves and Fishes provides hot meals to
Opportunity Junction 4 days a week ensuring their clients have nutrition and
access to healthy food
Since 2000, Opportunity Junction has been providing training, support, work
experience, and placement assistance, which help motivated Contra Costa
County job seekers launch careers that lead to financial security. When we
work together, motivated job seekers develop the skills and confidence they
need to succeed. Their success makes their families and our community
stronger. Mission: Driven by the fundamental belief that everyone who works
hard deserves the opportunity to succeed, our mission is "to help motivated
Contra Costa County job seekers develop the skills and confidence to launch
careers that lead to financial security."
Opportunity Junction programs help job seekers launch careers Programs:
Our core programs help motivated job seekers launch careers that lead to
financial security. We offer job training for careers in healthcare (starting with
Certified Nursing Assistant training) and office administration (focused on
office technology skills). We also offer career counseling and placement
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
assistance to those with other goals and ambitions. In the evenings, we offer
classes in computer applications.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Loaves and Fishes of Contra
Costa/Trinity Center Partnership
#1
Key Partners: Trinity Center and Loaves & Fishes Contra Costa
Nominated by: Pamela McGrath, Trinity Center
Supervisorial District of Nominee: District 4
Reason for nomination: Trinity Center serves unhoused and unstably housed
adults by providing essential services , including meals, showers, laundry,
clothing, that help support their engagement with housing focused case
management, workforce development for employment readiness, whole
person wellness, and integration into the community. Loaves & Fishes of
Contra Costa County offers a hot, nutritious, noontime meal each weekday at
Trinity Center, making Trinity Center an official Loaves & Fishes Dining Room
where anyone can receive hot nutritious meals. Loaves & Fishes also brings
their Culinary Training Program to Trinity Center once a year, providing
valuable job training. Together, we ensure that our marginalized neighbors
receive nutritious meals and other vital life preserving services that allow
people to apply their efforts and energy to engage in life enhancing programs
and services.Trinity Center and Loaves & Fishes of Contra Costa
Countycollaborate on events and activities outside of their established
partnership activities. We brainstorm and day dream about how to offer more
and better services to our entire community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Loaves and Fishes of Contra
Costa/Trinity Center Partnership
#2
Key Partners: Trinty Center and Loaves and Fishes of Contra Costa
Nominated by: Joleen Lafayette, Loaves and Fishes of Contra Costa County
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Trinity Center is an amazing organization who
provides food, daily shelter, showers, laundry and navigation services to
people living in Contra Costa County who are unhoused, food insecure
Loaves and Fishes partners with Trinity Center by operating one of our dining
rooms within their Walnut Creek facility, where we provide hot, nutritious
meals to their clients Monday through Friday. We also offer a free 12-week
culinary training program each January, open to Trinity Center clients who are
interested in pursuing a career in the culinary industry. During the program,
participants prepare dinners for Trinity Center’s Winter Nights program, further
supporting the community while gaining valuable hands-on experience.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Navigating Home
Key Partners: Contra Costa County Employment & Human Services
Navigators
Nominated by: Casey Costa, EHSD
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: As Navigators we receive referrals from the
community & various agencies to help the public who are in need including
211, CORE, Season of Sharing, Salvation Army, Loaves & Fishes, Greater
Richmond Interfaith Program, and the Child Abuse Council. Contra Costa
County Employment & Human Services Navigators help the community find
housing, connect them with shelters, help with past due rent, help with
deposits & first month rent, help the public navigate the various housing
programs & help advocate for the public as well. As Navigators we receive
referrals from the community & various agencies to help the public who are in
need. We are constantly receiving referrals directly from 211 & CORE mobile
outreach. Contra Costa County Employment & Human Services Navigators
help the community find housing, help connect them with shelters, help with
past due rent, help with deposits & first month rent, help the public navigate
the various housing programs & help advocate for the public as well. Our goal
is to help the public through any crisis they may have & help them become
self-sufficient. Without a stable roof over one's head how can they become
self-sufficient?
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Pet Support for People
Experiencing Homeless #1
Key Partners: Joybound People & Pets. Contra Costa Animal Services and
Contra Costa Health
Nominated by: Rebecca Sanders, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Joybound and Contra Animal Services partnered
with CCH to spay/neuter and vaccinate over 30 unhoused pets so that their
unsheltered owners could be housed. This partnership was essential in
housing more than 35 unsheltered individuals. This collaboration continues
with Joybound offering free pet vaccination clinics monthly in our community.
These partners have also provided support to pets of people in interim housing
like Delta Landing. Without this support, people with pets would be resistant
to housing. Thank you to Joybound for assisting us in keeping these families
together!
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Pet Support for People
Experiencing Homeless #2
Key Partners: Joybound and CCH’s CORE mobile outreach program
Nominated by: Alexander Martinez-Harris, CCH: Health, Housing and
Homeless Services
Supervisorial District of Nominee: District 5
Reason for nomination: CCH’s CORE mobile outreach program is proud to
nominate Joybound People and Pets as an outstanding partner in our work to
support unsheltered residents at a longterm encampment in Antioch.
Joybound brought their animal welfare expertise and resources into
encampments where companion animals had become a significant barrier to
shelter and housing. By providing discounted veterinary care, spay and neuter
surgeries, and rehoming options, Joybound empowered clients, people with
lived experience of homelessness, to make informed choices about their pets
while preserving the deep emotional bonds that matter so much to them.
Joybound’s services addressed service needs for which CORE mobile
outreach required assistance: the overwhelming number of unvaccinated and
unaltered animals in encampments. Without access to these services, many
individuals were ineligible for shelter or housing due to pet limits, leaving them
stuck in unsafe conditions. Through Joybound’s care and compassion, more
than 30 dogs were safely rehomed, 5 animals were spayed and neutered and
vaccinated, and 4 puppies were fostered. These outcomes directly reduced
barriers to housing, supported the encampment residents health and safety,
and created a pathway for people to move indoors.
CORE mobile outreach staff build trust with individuals every day, but it was
Joybound’s willingness to meet us in encampments and treat the
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
encampment residents and their’ pets with dignity that made this partnership
exceptional. Their work not only improved animal welfare but also gave the
residents hope and practical solutions at a time when they felt stuck.
Joybound’s collaboration with CORE is a model for how community-based
organizations can bring unique expertise to homelessness response and
create life-changing results.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Point in Time Count GIS Project
Key Partners: The Contra Costa Department of IT (DoIT) Geographic
Information System (GIS) team and CCH: Health, Housing and Homeless
Servces (H3)
Nominated by: Janel Fletcher, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: The Contra Costa Department of IT (DoIT)
Geographic Information System (GIS) team are exceptional planning and
implementation partners who are integral to the successful completion of the
annual homeless Point-in-Time Count coordinated by the CCH: H3 team in
Contra Costa County. Their partnership ensures Contra Costa's PIT Count
runs efficiently and effectively. DoIT GIS provide support to H3 through all
phases of the PIT Count. DoIT provide updated field- and office-based
mapping & monitoring applications, provide training to H3 staff and
volunteers, participate in meetings and count day, and conduct post-
processing and product development. The partnership supported people
facing homelessness by ensuring that 145 volunteers participating in the 2025
Point in Time count had a seamless app experience with clear and accurate
routes to visually count people experiencing homelessness and their sleep
settings. Additionally, the team prepared census tract data results for CCH:H3
to make informed estimations about the number of people, characteristics
and experiences of individuals and families living in unsheltered conditions.
The Point-in-Time Count is required by the United States Department of
Housing and Urban Development (HUD) and results are used to prioritize
federal funding for homeless services in Contra Costa County. Their
collaboration makes trainings fun and interactive for our volunteers. They are
always willing to help our volunteers with any technical issues that may arise
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
the day of, always going above and beyond. For ensuring the application is
user friendly and making sure volunteers feel supported.
Thank you, Bear Hartley, Martin Lynch, Morgan March, Philip Weeks, Tatiana
Moger, and Timothy Brink. H3 is grateful for your partnership.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Prevention Screening Tool Project
Key Partners: Contra Costa Crisis Center, CCH: H3 Coordinated Entry Team
and Prevention Providers
Nominated by: Shelby Ferguson, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Contra Costa Crisis Center, our local 211 provider,
the Coordinated Entry team, and the Prevention providers are the key players
in implementing the new prevention screening tool that assesses and
prioritizes households at risk of homelessness for our very limited prevention
resources in our community. Contra Costa Crisis Center has been an
invaluable partner in the roll out of the new and improved prevention
screening tool. They have been screening countless calls utilizing this new
tool and referring to our prevention providers when participants at risk of
homelessness are eligible. It is incredibly challenging work as it is a new way
to prioritize households for our limited prevention resources and is a very
important piece of our Coordinated Entry System.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Recovery Services for Latinos
Experiencing Homelessness
Key Partners: Pueblos Del Sol, Support4Recovery and Contra Costa Health
Nominated by: Eduardo Segura-Melendez, BiBett
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Support 4Recovery Casa Andres: The Pueblos Del
Sol (BiBett) residential and detox program partners closely with
Support4Recovery's Casa Andrés, the only other Spanish-speaking program
and sober living home in the county, to address the unique needs of the
homeless Hispanic community. Many of the clients we serve face not only
substance use challenges but also cultural and language barriers that make
accessing treatment difficult. By working together, we ensure that these
individuals receive care that is both linguistically accessible and culturally
responsive. When homeless Hispanic clients enter our detox or residential
program, we begin planning their next step in recovery with Casa Andrés.
Through this partnership, clients have a direct pathway to a sober living
environment where their language and culture are understood and respected.
Casa Andrés provides a safe, supportive space where recovery principles are
reinforced in Spanish, reducing isolation and increasing the chances of long -
term success.
CCH: CORE Mobile Outreach: Our residential and detox program works
closely with Contra Costa Health's CORE mobile Outreach to meet the needs
of the homeless community by addressing both recovery and housing
challenges. CORE identifies individuals experiencing homelessness who
struggle with substance use and provides direct referrals into our detox and
residential services. To ensure a smooth transition, we use a warm handoff
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
process where case managers from both programs meet with the client to
develop a plan that connects treatment and housing resources. Through
outreach efforts, CORE’s workers share information about our services during
their street-level engagement, while our staff provide clients with up-to-date
housing and shelter resources at discharge. When transportation is a barrier,
CORE assists in getting clients from the streets or shelters to our intake
appointments so they can access treatment without delay. We maintain
ongoing communication through regular case conferences, which allows us to
coordinate care for shared clients and address recovery, housing, medical,
and mental health needs holistically.
CCH: Health Care for the Homeless: in particular Dr. Hernandez and his team.
Our residential and detox program also works in collaboration with the doctor
from the local homeless van clinic, who plays a vital role in addressing the
medical needs of our clients and the wider community. Many individuals
experiencing homelessness face serious health challenges that often go
untreated, creating additional barriers to recovery. By partnering with the
clinic, we are able to connect clients to essential medical services while they
engage in treatment. The doctor provides physical exams for our clients,
helping us meet intake requirements and ensuring that underlying health
issues are identified and addressed early. This partnership also allows our
program to provide continuity of care for homeless clients, many of whom do
not have a primary care provider. When medical needs arise beyond our
scope, we are able to refer clients directly to the clinic for further evaluation
and treatment.
This collaboration strengthens the overall care we provide, as recovery is not
limited to sobriety but also requires attention to physical health. Through the
support of the doctor and the homeless van clinic, our clients gain access to
compassionate, low-barrier medical care that would otherwise be out of
reach. Together, we not only improve individual health outcomes but also
strengthen the network of care available to the homeless community as a
whole.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Reentry Housing Partnership #1
Key Partners: Nova Vita LLC and LFCD Housing for Strong Reentry Program
Nominated by: joyce lao, Nova Vita LLC
Supervisorial District of Nominee: District 1 a Hills, North Richmond, and
Rollingwood)
Reason for nomination: We want to recognize Nova Vita LLC, led by Joyce
Jingjing Lao, and the Housing for Strong Reentry Program, supervised by
Wilanda Hughes. The partnership directly engages people with lived
experience of homelessness and incarceration by housing them in safe, stable
environments and listening to their feedback to improve services. Since March
2025, the partnership has supported nearly 10 individuals by combining
quality housing with reentry case management and wraparound services. This
collaboration removes one of the greatest barriers for justice-involved
individuals—stable housing—while promoting long-term stability, family
reunification, and reduced recidivism
This partnership is built on a human-centered and mutually supportive
approach. Joyce provides dignity, structure, and accountability in housing,
while Wilanda not only supports residents but also assists Joyce in daily
management, strengthening the collaboration. Though new, this partnership is
already breaking cycles of homelessness and incarceration and creating
second chances in Contra Costa County.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Reentry Housing Partnership #2
Key Partners: Lao Family Community Development - Housing For Strong
Reentry and Oxford House
Nominated by: Ryan Domingue, Oxford House
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Wilanda Hughes and Rohullah Najibi from Lao
Family Community Development (LFCD) work hands on with clients and have
found housing and provided funding for many men and women to come to my
Oxford House Inc. homes in Contra Costa County.They have awesome
resources and find housing solutions for so many men and women each year.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Reentry Services Collaboration
Key Partners: CCH’s CORE mobile outreach program, Contra Costa County
Public Defender’s Office, CCH: Detention Health Services, the Office of
Reentry and Justice (ORJ), and the Community Advisory Board (CAB)
Nominated by: Lisa Thomas, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Public Defender’s Office: This collaboration ensures
that unhoused individuals preparing for release are referred to CORE for
homeless services, often the same day. Together, CORE and the Public
Defender’s Office coordinate transportation, intake, and referrals to services
such as shelter, housing, and alcohol and other drug (AOD) treatment. The
Public Defender’s Office remains engaged with CORE throughout the
individual’s transition, providing updates and supporting continued service
connections. Key Partners: Nicole Green and Lori Beath
Detention Health Services: Working closely with Detention Health medical
staff, CORE helps connect individuals with Medi-Cal, discharge medication
plans, and follow-up medical care. CORE also provides transportation to
ensure people leaving custody can pick up prescriptions and attend post-
release medical appointments. Key Partner: Rissa Guitarte
Office of Reentry and Justice (ORJ): ORJ bridges reentry systems countywide.
Together, CORE and ORJ conduct planning calls, develop referral tools, and
provide group programming inside detention facilities. CORE provides weekly
support groups in detention facilities, and these groups focus on life skills,
housing opportunities, and peer-selected support topics, helping prepare
individuals for success after release. Key Partner: Patrice Guillory
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Community Advisory Board (CAB): CAB serves as the link between community
voice and systems planning. CAB and CORE share program outcomes,
contribute to discussions on funding opportunities, and collaborates with
other stakeholders on AB109 strategies. Key Partner: Gariana Youngblood
This re-entry service partnership actively engages individuals with lived
experience of homelessness and reentry by incorporating their input in groups,
advisory discussions, and service planning. Their perspectives shape
programming and ensure the services remain grounded in real-world
needs.This re-entry service collaboration provides a continuum of support
from detention to the community. Services include housing support groups
inside detention facilities, pre-release and post-release planning,
transportation, and coordinated referrals to housing, treatment, and sober
living environments. Together, partners, including Men and Women of
Purpose, Hope Solutions and Lao Family Community Development ensure
that individuals at risk of homelessness have access to stable housing
options, healthcare, and recovery supports as they transition back into the
community. Tim Perkins from the Contra Costa Office of Education adds a
special shout out to Cedric Windston of Men and Women of Purpose: "Cedric
is instrumental in helping inmates pre and post release. He has been integral
in getting inmates the needed resources to succeed."
Since July 2024, this partnership has successfully supported 181 individuals
exiting detention into treatment programs and 16 individuals transitioned
directly from detention into their own rental units. These outcomes show the
effectiveness of the partnership in reducing homelessness and strengthening
reentry pathways.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Support for Families in WCCUSD
#1
Key Partners: WCCUSD Families in Transition Team + Community Education
Partnerships
Nominated by: Halle Homich, Community Education Partnerships
Supervisorial District of Nominee: District 1
Reason for nomination: They partner together to identify and support
students and families experiencing homelessness. The Families in Transition
Team, which consists of 4 team members: the WCCUSD Homeless and Foster
Liaison, the CEP Program Manager/FIT Biligual Support Specialist, the
Academic Case Worker and the Community Resource Specialist collaborate
to identify students and families in the school district who are experiencing
homelessness. We provide bus passes, school supplies + backpacks,
graduation support, housing resources, tutoring and academic support, and
referrals to other community resources.
Our team members have welcomed and enrolled countless newcomer
families who have come through the Richmond family shelters.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Support for Families in WCCUSD
#2
Key Partners: West Contra Costa Unified School District (WCCUSD) and
Community Education Partnerships (CEP)
Nominated by: Martha Encarnacion, Community Education Partnerships
Supervisorial District of Nominee: District 1
Reason for nomination: CEP is a contracted partner with WCCUSD to
support their Families in Transition Office to ensure students and families are
receiving the services they need to remove barriers for students to attend
school. WCCUSD and CEP work together in developing better structure to
ensure families get the support they deserve and find ways to bring awareness
on the Mckinney Vento act.
WCCUSD and CEP also work together to plan events and meet with other
local agencies in partnership to meet the needs of our community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Supporting Children in Shelters
Key Partners: Bay Area Rescue Mission and Community Education
Partnerships
Nominated by: Martha Encarnacion, Community Education Partnerships
Supervisorial District of Nominee: District 1
Reason for nomination: Bay Area Rescue Mission has a family homeless
shelter where they have programs for families and Community Education
Partnerships works with the Rescue Mission to provide academic 1:1 tutoring
and small group support to the kids living at the shelter. Community Education
Partnerships also works with the Rescue Mission and the school district to
make sure students have access to quality education. The Rescue Mission
ensures collaboration on events and programming with Community Educatio n
Partnerships is integrated in the shelters programming.
Both have been working together for a few years and has been a successful
program where they both uplift each other.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Supporting Immigrant Workers
Key Partners: Hijas del Campo and Loaves and Fishes of Contra Costa
Nominated by: Joleen Lafayette, Loaves and Fishes of Contra Costa County
Supervisorial District of Nominee: District 3
Reason for nomination: Loaves and Fishes provides hot nutritious meals to
Hijas Del Campo agency that serves immigrant workers working in the fields of
Contra Costa County
Loaves and Fishes provides 50 hot meals two times a week to Hijas Del
Campo who then takes them to their clients who are working in the fields in
Contra Costa County. Many of their clients are threatened by ICE and are very
low income people experiencing food insecurity.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Supporting Pregnant and
Parenting Clients
Key Partners: Violet Barton and her team of case managers at Contra Costa
Health: Family, Maternal and Child Health
Nominated by: Nancy Mosqueda, CCH: Public Health: FMCH
Supervisorial District of Nominee: District 4
Reason for nomination: Contra Costa Health: Family, Maternal and Child
Health does a tremendous job tring to provide support to pregnant and
parenting people experiencing homelessness. Violet is a great leader for our
team- she's always looking for ways ideas to help case managers find housing
resources for pregnant and parenting clients struggling with housing. These
programs include homeless services and also things like Welcome Home
Baby and First 5. She helped me support a pregnant client in a very
complicated situation who was living on the streets. Thanks to Violet's help
and the work of our team, the client had a healthy baby and got connected to
family in a different part of the state. She helped me think of solutions I
wouldn't have even considered and now our client and her baby are happy,
healthy and living in secure housing. Violet provides our team much needed
management, support and leadership which helps us serve our homeless
clients even better. It is amazing having her. She is very knowledgeable with
extensive experience in Family Maternal and Child Health so she understands
our work in the field and she works with us closely to make sure we do an
outstanding job with our clients. She's always very responsive.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Supporting Wellness in Shelters
Key Partners: Key partners include The Fountain Project offering medical and
life wellness services that serve residential clients of the Bay Area Rescue
Mission's Life Transformation Program
Nominated by: Wayne Earl, Bay Area Rescue Mission
Supervisorial District of Nominee: District 1
Reason for nomination: The Fountain Project has partnered with the Bay Area
Rescue Mission (BARM) for many years. They come onsite to BARM multiple
times a year for their One Heart Health Fairs, where they provide medical and
wellness services, guidance on health care, and support for overall well-being.
Their compassionate approach to health and healing meets our clients where
they are, enhances their understanding of health and wellness, and
encourages them to actively participate in their own health journeys. In
addition to these health fairs, the Fountain Project offers the same services to
BARM students and staff twice a week at their new facility on Harbor Way. All
services, classes, and instruction are provided entirely free of charge and with
love.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Supporting Wellness in West
County
Key Partners: The Fountain Project (nominee), SOS Richmond and GRIP
(nominators)
Nominated by: Morgan Richie, SOS Richmond
Supervisorial District of Nominee: District 1
Reason for nomination: The Fountain Project has been a transformative
partner in expanding access to wellness and health services for unhoused
residents of West Contra Costa County. Through their innovative collaboration
with SOS Richmond’s Safe Harbour site and GRIP, they have introduced
programs and resources that bring healing, hope, and dignity to neighbors who
too often face insurmountable barriers to care. This partnership does more
than provide services — it changes lives. By creating safe, welcoming, and
trust-based opportunities for people to participate in wellness activities, the
Fountain Project has inspired individuals to take courageous steps in their
health journeys. Many who first engaged through this partnership have gone
on to connect with primary care, behavioral health, and housing resources.
The impact has been deeply felt by both program participants and staff.
Families in shelter have found renewed strength and healing, parents have
gained tools to manage the daily stresses of homelessness, and children have
discovered joy, creativity, and resilience. SOS Richmond and GRIP team
members themselves report direct benefits to their own health and well-being
from the Fountain Project’s offerings — a testament to the holistic power of
this work. These services not only restore dignity to participants but also help
frontline staff show up with greater patience, compassion, and energy for the
hard work they do every day. By offering free acupuncture, chiropractic care,
and massage therapy, the Fountain Project provides immediate relief from the
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
physical and emotional toll of homelessness and service work. Participants
have described these opportunities as “life-changing.” One GRIP resident
shared: “For the first time in months, I felt human again.” An SOS staff member
echoed this, saying: “The Fountain Project not only supports our clients — it
helps us as staff show up with more compassion and energy.” The Fountain
Project exemplifies the spirit of an Outstanding Partnership. By meeting
people where they are, reducing barriers to care, and walking alongside
unhoused residents and service providers alike, they have proven themselves
an indispensable ally in building a healthier, more resilient, and more
compassionate community for all.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: Community College
Basic Needs Partnership
Key Partners: Contra Costa Community College District, Basic Needs
Programs and Youth Action Board
Nominated by: Caroline Miller, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: District 1
Reason for nomination: Over the past year, the Youth Action Board (YAB) has
partnered with the Contra Costa Community College District’s Basic Needs
Programs (4CD) to better support Youth & Young Adults (YYA) experiencing
homelessness or in need of essential services. This partnership centers YYA
with lived experience. Together, the YAB and the 4CD Basics Needs Program
helped shape the county’s YYA Strategic Plan process and brought critical
homeless resources directly to students during Welcome Week.
The YAB would like to give special thanks to Hope Dixon, Basic Needs
Coordinator at Contra Costa College. Hope’s unwavering support and genuine
commitment to uplifting youth voices has been key to this partnership’s
success. From consistently showing up to YAB meetings to helping host the
first-ever YYA Homelessness Panel at Contra Costa College during Homeless
Awareness Month 2024, Hope has modeled what it means to be a true partner
and advocate.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: Community College
Welcome Week
Key Partners: CCH’s CORE mobile outreach Transition Aged Youth (TAY)
Education Team; Youth Action Board (YAB) and Contra Costa Community
Colleges
Nominated by: Caroline Miller, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: The Youth Action Board (YAB) partnered with the
CCH CORE mobile outreach Transition Aged Youth (TAY) Education Team to
bring vital homeless resources directly to students across all Contra Costa
Community College District campuses during Welcome Week. This
partnership is rooted in lived experience—both CORE mobile outreach staff
and YAB members have lived experience of homelessness—and their work
and partnership are critical in ensuring outreach is authentic, effective, and
driven by those who know the challenges firsthand. By providing resources on
campuses, the partnership meets students where they are, breaking down
barriers to housing and support.
The YAB would like to give a heartfelt shoutout to Sherina Criswell, Care
Coordinator with the CORE mobile outreach TAY Education Team. Thank you
for bringing your heart to this work every day and for your gift of connecting
with everyone you meet. You embody the spirit of this partnership—leading
with care, authenticity, and commitment to young people
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: DVC Partnership
Key Partners: CCH’s CORE mobile outreach program and Diablo Valley
College
Nominated by: Sherina Rina Criswell, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: District 4
Reason for nomination: The key partners in this collaboration include CCH’s
CORE mobile outreach program, Diablo Valley College (DVC), and Contra
Costa Health Services. This partnership brings together education, outreach,
and healthcare services to create a more holistic approach to supporting
individuals experiencing homelessness. People with lived experience of
homelessness are engaged in multiple ways. CORE mobile outreach regularly
employs or consults with peer advocates who have firsthand experience with
homelessness, ensuring services remain compassionate, trauma-informed,
and culturally relevant. These individuals often participate in outreach efforts,
act as trusted messengers, and provide feedback that helps shape the
services offered through this partnership. Their insight is critical in building
trust with unsheltered populations and in tailoring responses to real-world
challenges. The CORE mobile outreach and DVC partnership supports people
facing homelessness by bridging critical gaps between emergency outreach
and long-term stability services. CORE mobile outreach teams conduct field
engagement to identify and connect unsheltered individuals with immediate
needs such as shelter, food, hygiene kits, and medical care. Through
collaboration with DVC, individuals are also given access to educational
pathways, workforce development, and support programs that aim to create
sustainable exit routes from homelessness. In addition, DVC’s Basic Needs
program and Student Services provide wraparound supports—including case
management, mental health counseling, and assistance with applying for
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
financial aid and housing. This integrated model allows clients and students
experiencing homelessness to transition from crisis to stability, with
educational and vocational tools to support long-term independence.
One unique aspect of this partnership is its commitment to reducing the
stigma of homelessness within educational spaces. By fostering a culture of
inclusion and support at Diablo Valley College, students facing housing
instability can pursue their education without fear of discrimination. The
collaboration also emphasizes the importance of mobility and flexibility—
CORE’s mobile units and outreach strategies are designed to meet people
where they are, both physically and in terms of their readiness to engage in
services. This trauma-informed approach has proven effective in building trust
and empowering clients toward self-determined goals.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: FYI Vouchers
Key Partners: Contra Costa Employment and Human Services (ESHD)
Children and Family Services Bureau, Hope Solutions and Housing Authority
of Contra Costa County
Nominated by: Shelby Ferguson, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: This partnership is a collabrative effort to serve
former foster youth in moving into independent housing, many for the very first
time in their lives. This collaboration helps the young person apply for the
Foster Youth to Independence (FYI) voucher, a housing voucher for former
foster youth. The team also provides housing navigation to help locate a unit,
and financial assistance to help participants secure and move into housing.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: TAY By Names List
Case Conference Partnership
Key Partners: Contra Costa Coordinated Entry Team; CCH’s CORE mobile
outreach TAY, Education Team & Family Teams; CCH's Contra Costa Youth
Continuum of Services (CCYCS) Team;Hope Solutions TAY Programs
Team;and Trinity Center.
Nominated by: Mary Juarez-Fitzgerald, CCH: Health, Housing and Homeless
Services
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: This partnership helps ensure that all TAY
experiencing literal homelessness in Contra Costa County are connected to
the services they need to move toward housing stability, offering a model of
coordinated response in addressing homelessness for a specific population in
our community. Also special thanks to the CCH:H3 HMIS team for creating the
report / data system to support implementation!
This housing-focused case conference, led by the Coordinated Entry (CE)
Team, convenes bi-weekly and brings together dedicated TAY providers to
identify housing solutions and pathways for every known TAY-headed
household experiencing literal homelessness in our community. Since its
launch in November 2024, through the Tipping Point Collaborative’s Bay Area
TAY initiative, this effort has strengthened the homeless system’s response
and deepened collaboration among TAY providers. Impact highlights (Year
One): 350+ unduplicated TAY discussed and served 300+ connected to street
outreach 120+ referred to shelter 90+ referred to permanent housing
programs 100+ connected to other essential services and/or reunited with
family This meeting ensures that all TAY experiencing homelessness in Contra
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Costa County are connected to the services they need to move toward
housing stability. Together, this collaboration represents the power of
partnership in driving solutions for young people facing homelessness and
offers a model of coordinated, housing-focused response.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
TAY Support: Youth Action Board
Key Partners: RYSE Center, CCH: Health, Housing, and Homeless Services
(H3) and the Continuum of Care (CoC)
Nominated by: Caroline Miller, CCH: Health, Housing and Homeless Services
Supervisorial District of Nominee: District 1
Reason for nomination: Since 2022, RYSE has partnered with Health,
Housing, and Homeless Services (H3) and the Continuum of Care (CoC) in
advancing our county’s response to youth and young adult (YYA)
homelessness. Together, we launched the Youth Action Board (YAB) in 2024,
creating paid leadership roles for young people with lived experience. Through
the YAB, youth leaders directly shape and guide system improvements in
collaboration with key stakeholders working to end YYA homelessness. Their
vision is at the heart of the YYA Strategic Plan which reflects their vision to
“increase the number of centers like RYSE—spaces with wraparound services
that prioritize joy, healing, hope, and fun.” Through the Housing Justice
Program, RYSE provides housing stabilization, rental assistance, family
reunification, conflict resolution, and advocacy with landlords and agencies
with an approach that is deeply relational and grounded in healing, justice,
and youth leadership. RYSE also advocates alongside young people, ensuring
that their lived experiences are at the center of policy and practice. In 2024,
more than 200 young people received housing support and linkages through
RYSE’s programs.
H3, the CoC, and YAB extend our deepest gratitude to the RYSE Center for your
commitment to young people. Special shout-out to Kanwarpal Dhaliwal,
Gemikia Henderson, and Randy Joseph. Thank you for keeping us accountable
and reminding us of the healthy struggle toward building a Contra Costa where
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YYA are not just supported but truly honored and uplifted as partners in
shaping their own ecosystem of care.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Teaming Up For Success
Key Partners: Nola Wright, ECM Case Manager, Contra Costa Health and Ms.
Roman Smith, client
Nominated by: I don't know Smith, Client
Supervisorial District of Nominee: Care Manager
Reason for nomination: I am honored to nominate Nola Wright for her
exceptional partnership in supporting me and my children during one of the
most difficult times in our lives. Over the past year, Ms. Wright has worked side
by side with me through Enhanced Care Management, not only ensuring my
medical needs were met but also helping me navigate the many barriers that
stood between my family and safe housing. Our work together was truly a
partnership. Ms. Wright stayed in close communication with me, checking in
regularly, listening to my concerns, and helping me set priorities. She
supported me in scheduling medical appointments, making sure
prescriptions were refilled on time, and advocating for my care when I felt
overwhelmed. At the same time, she recognized that my family’s health and
safety could not be separated from our unstable housing situation. When I
was offered an apartment, Ms. Wright immediately stepped in as a partner.
She connected me with a housing resource that paid the security deposit, but
she didn’t stop there. She walked me through the application process,
encouraged me when I doubted myself, and followed up to ensure everything
was completed on time. Her consistent support meant I didn’t have to
navigate these challenges alone.Through this collaboration, we were able to
secure a safe home for me and my children, moving us out of an abusive
environment and preventing homelessness. This nomination recognizes not
only Ms. Wright’s dedication but also the partnership between myself,
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Enhanced Care Management, and local housing resources. Together, this
partnership provided stability, safety, and a foundation for a better future for
my family.
Miss Nola Wright makes a life-changing difference for those she serves. She
ensures that each person feels seen, heard, and cared for throughout the
entire process of transitioning into housing. Her assistance goes beyond just
finding a place to live; she provides resources such as food pantry access,
meal delivery services tailored to health needs, and guidance toward
community supports that strengthen long-term stability. Individuals like
myself have directly benefited from her compassion and thoroughness. Nola
helped me secure a home for my three daughters and myself, helping to
remove us from a domestic violence environment. I left every meeting feeling
comfortable and supported every step of the way. Her work is deeply valued
not only by the individuals and families she helps but also by the broader
community, which recognizes her as someone who restores hope and dignity
to people who need it most.
Miss Nola Wright is not only a resourceful advocate but also a truly kind and
caring individual. She treats every person with respect and humanity, making
sure no need is overlooked. Her dedication is personal and heartfelt, and she
carries out her work with a spirit of generosity that makes a lasting impression.
She does not just place people into housing—she makes sure they feel
secure, cared for, and supported in building a better future. Her work is a
shining example of what it means to truly end homelessness, one life at a
time.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Trinity Center/ St. Mary's
Partnership
Key Partners: Trinity Center and St. Mary's congregation with St. Vincent de
Paul network
Nominated by: Joshlynn Little, Trinity Center
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Over the past several months, Trinity Center has had
the privilege of building a meaningful and impactful partnership with St. Mary’s
congrgation working with the St. Vincent de Paul network. Together, we have
worked hand in hand to support our unhoused and housing insecure
neighbors in Contra Costa County, ensuring they have access to not only
critical day services and case management through Trinity Center but also
vital one time financial assistance through St. Vincent de Paul. This
collaboration has directly resulted in $5,000 of financial support to Trinity
Center members, meeting a wide range of urgent needs. With these funds,
members have been able to pay for car insurance, secure a car starter to get
to work, cover a PG&E bill, maintain storage units, register their vehicles,
repair a car, pay a phone bill, and even cover application and deposit fees for
housing. These supports have prevented setbacks that often push individuals
deeper into crisis while also creating opportunities for stability and forward
progress. Our partnership centers the voices and lived experiences of those
we serve. Every request that comes through is rooted in the immediate and
specific needs expressed by our members. By listening to their circumstances
and advocating alongside them, this partnership empowers individuals with
agency and dignity rather than assuming a one size fits all solution. The
flexibility of this partnership has been especially meaningful, allowing us to
address barriers that, though they may seem small, are often the deciding
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
factor in whether someone can access employment, maintain housing, or
continue on their path toward stability. This partnership has had a direct and
tangible impact on individuals experiencing homelessness in our county. By
addressing critical financial gaps, Trinity Center and St. Mary’s St. Vincent de
Paul together help members avoid losing what little stability they have while
moving them closer toward their long term goals. For example, paying for a
phone bill allows a member to stay connected to their employer and case
manager. Covering car repairs or registration keeps transportation available
for work and appointments, and for the many individuals who live in their cars,
keeping those repairs and registrations current is vital to ensuring their home
remains usable and safe. Supporting application fees and deposits removes a
significant barrier to securing housing. These interventions are life changing,
giving our members hope and opportunities to move forward.
The success of this partnership is not only in the dollars spent but also in the
relationship built between our organizations. Our staff, particularly in
collaboration with Barb from St. Mary’s, have created a streamlined and
responsive process that makes assistance both accessible and timely. This
trust and communication have been key to maximizing impact, and we are
deeply grateful for the compassion and dedication St. Vincent de Paul brings
to this work. We look forward to continuing to strengthen this partnership and
expanding the ways we can meet the needs of Trinity Center members
together.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Unsheltered Veterans Surge Event
Key Partners: VA Homeless Program, CCH’s CORE mobile outreach program,
CCH's Coordinated Entry Team, Insight Housing, Shelter Inc'.s SSVF program
and Veterans Accession House
Nominated by: Jai De Lotto, Department of Veterans Affairs
Supervisorial District of Nominee: They serve the entire county
Reason for nomination: Together this team provides services to unsheltered
and At-Risk Veterans. We had a succseeful Unsheltered Veterans Surge Event
on 7/30. The goal was to identify Unsheltered Veterans in CCC, connect them
to the VA (if not in the system), admit same day interhim housing and HUD
VASH Program for voucher. We had 4 Outreach teams with a representative
from SSVF, VA Homeless Programs and CORE, each bringing their specified
knowledge and skillset to the teams. Used the Veteran By Name List (VBNL) to
identify the eligible unhoused Veterans and location. We had multiple
meetings as a team to make sure the list stayed updated. CORE was the lead
driver due to their knowledge of the hot spots, SSVF completed screenings in
the field to support the enrollment process, VA Homeless Program completed
a prescreening to identify specific program eligiblity - before sending the
Veteran to the HUB where we had onsite HUD VASH Screenings, Social work
Triage, Nurse, Supportive Services for Veterans Families, Social Security Rep,
Veterans Benefits Rep, Veteran Service Officers, Veternary services and free
phones. We had additional drivers to take Veterans to the HUB and then to the
housing they were referred to. VA and CoC Coordinated Entry Specialists sat
side by side to confirm if Veterans were in each systems and to gather the
most recent status of services received. As a team we exceeded our goal: 32
Veterans engaged in street outreach, 10 Veterans admitted to our HUD VASH
program and streamlined for a HUD VASH Voucher, 13 Interim Housing
placements, Social Security assisted 10 Veterans , VBA 9 Veterans and 26
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Veterans presented at the HUB for services. We only had 2 months to
coordinate this big event and since our Veteran services and CoC Homeless
Programs teams already had a lot of these relationships already established
along with the processees in place, we were able to build upon that and make
is a successful event. Brittany Ferguson from the Contra Costa Coordinated
Entry Teams adds, "Jai DeLotto, on behalf of the VA coordinates with the
various Veteran Services in Contra Costa. He coordinates the Veteran's By
Names Lists meetings and spearheaded the 2025 Contra Costa Veteran Surge
event. His leadership is truly admireable."
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Outstanding Volunteer Recognitions
The Contra Costa Council on Homelessness wants to recognize individuals or groups who
have enriched the lives of people facing homelessness in Contra Costa County through
volunteer efforts. Outstanding efforts can be demonstrated by length of involvement, by a
strong concentration of service or impact of efforts. The nominee must volunteer in Contra
Costa County and the volunteer activity must be without pay
Nominees
1. Bay Church Shower
Volunteers
2. Christina Castle-Barber
3. Daniel Aderholt Sr.
4. Daniel Aderholt Sr.
5. Darren Stallcup
6. Donnie Diego
7. Facing Homelessness
8. Jenny Slye
9. Mark Pitzlin
10. May Yamamoto
11. Moises Riley
12. Nichole Gardner
13. Ricka Davis-Sheard
14. Ricka Davis-Sheard
15. Teresa Pasquini
16. Teri Edlinger
The following pages contain descriptions of each nominee as provided by the person (s)
who nominated them
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Bay Church Shower
Volunteers
Nominated by: Margaret Wessner, I work on the mobile clinic at the Martinez
Marina where the shower volunteers come
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Bay Church members volunteering to provide showers in Martinez, Bay Point,
Pittsburg, and Antioch
The volunteers from Bay Church bring showers, hot coffee and breakfast, and
their human warmth and care to multiple locations (I know them from
Martinez). They are super consistent and dependable, and they bring their
genuine humanity every week.
In a time where the loudest Christians are preaching hate, and where the
majority of Christians are driving past poverty without a second glance, it is so
heartening to witness people following the teachings and example of Jesus.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Christina Castle-Barber
Nominated by: Deborah White, Priest
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Christina Castle-Barber is a tireless advocate for people experiencing
homelessness. She created the Laundry Love with Grace service, which
provides clean laundry and bedding for low or no -income families and
individuals. She helped develop Grace's Blessing Box, which offers free food
to individuals who need it. Within the last year, this program has grown over
300 percent. Christina has also begun working with other non-profits to
establish Laundry Love services in other Contra Costa cities. Christina also
coordinates Grace Church Martinez's participation in Winter Nights, which
provides shelter and meals for families during the winter months (six years);
she assists with the backpack and Spirit of Giving programs at Hope Solutions
(six years); and co-chairs the annual Community Thanksgiving Dinner at Grace
(three years). Christina also participates in ministry to Death Row inmates
(over 20 years).
It is hard to estimate how many individuals facing homelessness have
benefited from Christina's work, but I would guess that her creation of Laundry
Love with Grace alone has assisted at least 100 people over the last year. The
Grace Thanksgiving Dinner has served over 50 people each year for the last 8
years. Her work with Hope Solutions and Winter Nights benefits at least 75
people each year. Christina's work is not only valued by the individuals who
are facing homelessness that it is designed to serve, but by other community
and nonprofit agencies as well. Individuals being served by Laundry Love
attended our first annual Laundry Love fundraiser at Grace, speaking with love
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
about their participation in this work. Laundry Love has received grants from
the City of Martinez; The Martinez Community Foundation; the Episcopal
Impact Fund; and inspired another church in Martinez (First Congregational)
and one in Lafayette (St. Anselm's Episcopal) to fundraise for this service.
Christina's ministry is particularly beautiful, because it is based on people
working together, regardless of their economic circumstances. It is not
ministry in which one party gives and the other receives. It is work that
respects the dignity and value of everyone who participates and everyone
benefits by participating. This is what it means to be a community.
Christina has worked for the county for many years in services to our
unhoused neighbors, but everything I have described in this nomination is
done as a volunteer outside of her hours for the county.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Daniel Aderholt Sr.
Nominated by: Heather Smith, American River Homeless Crew VP and
Secretary
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Daniel Aderholt Sr has been helping our unhoused all over California everyday.
He helps Contra Costa County,Madera,Fresno, Tulare, San Jaunquin county
and sacramento county, Solano, Alameda,Bakersfield etc, with his American
River Homeless Crew members with supplies and brand new clothes and food
and he practically lives in Contra Costa County antioch and concord area
helping our homeless there the most! he's saves 1,000's of peoples lives
everyday.
All of the homeless love Daniel Aderholt and he helps them everyday survive
living on the streets with food, brand new clothes, supplies. tents, sleeping
bags and his church groups housing our homeless off the streets much as
they can each month.
Daniel Aderholt was mentally and physically abused by his soon to be ex wife
claudia aderholt and he still put his homeless family first . im one of the
homeless he saved off the streets and now i help coordinate supplies and
cleanups with his American River Homeless Crews.. my name is Heather
Smith.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Daniel Aderholt Sr.
Nominated by: Miguel Chapman jr, Homeless volunteer of American River
Homeless crew non profit
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
My CEO of American River Homeless crew non profit hardly ever sleeps he's
always helping our homeless and when someone calls him needing help? Out
the door he goes and he's driving all over California helping us .. I am
homeless myself and he's made me inventory manager of our non profits.
He is always willing to come help no matter what time of day or night we call
him. This man saves 1,000s of us each year living on the streets from dying
There is no homeless advocate more loving and understanding then Daniel
Aderholt.
This man spent 978,790 dollars helping us homeless since he started
American River Homeless crew non profit and I know this for a fact by his
receipts. This man spends his own money saving our homeless from dying
everyday.
There is no one like Daniel Aderholt Sr in this world and we the homeless love
him
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Darren Stallcup
Nominated by: Darren Stallcup, I am nominating myself, respectfully.
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Helping the less fortunate as well as advocating for recovery
Hundreds of less fortunate both in Contra Costa County and San Francisco
I would like to nominate myself, Darren Stallcup, for recognition in the
Outstanding Volunteer. Over the past several years, I have committed myself
to going above and beyond in addressing homelessness and the fentanyl crisis
in both Contra Costa County and San Francisco. My work has been driven not
by pay or recognition, but by a deep belief that every person deserves dignity,
safety, and hope for a better future.
As a volunteer, I have spent countless hours on the streets distributing food,
clothing, hygiene kits, blankets, and tents to individuals experiencing
homelessness. I have also worked directly in shelters, helping with intake,
providing support, and guiding people toward programs that can assist with
employment, housing, and rehabilitation. My efforts extend beyond basic aid, I
hand out Narcan and fentanyl test strips, educate people on overdose
prevention, and encourage those struggling with addiction to take the first
steps toward recovery. These efforts are consistent, hands-on, and deeply
personal. I do not walk past people in need, I stop, listen, and help. Building
relationships with the less fortunate because I know what it’s like myself to be
homeless as my home burned down and I lost everything and had to rebuild
my life. Now I offer hope in the form of both action as well as kind words of
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
encouragement because if I can do it, anybody can do it. There is hope. There
is a way out. Recovery is possible. It’s never too late to turn your life around
and live the life you always dreamed of. This commitment to treating every
unhoused individual with humanity is at the heart of my service.
Beyond volunteering, I have worked tirelessly to build partnerships that
amplify impact. By connecting with churches, nonprofits, community
advocates, and other local leaders, I have helped coordinate resources and
mobilize volunteers in a way that reaches more people than I ever could alone.
I have organized fundraising efforts to provide critical supplies, collaborated
with faith organizations to expand outreach, and worked with advocacy groups
to push for safer, cleaner, and more compassionate approaches to
homelessness and the fentanyl epidemic. These partnerships are not just
about coordination, they are about uniting different voices, experiences, and
strengths to create lasting change in both Contra Costa County and San
Francisco.
I believe my efforts as both a volunteer and a partner go above and beyond the
ordinary. This work requires consistency, sacrifice, and courage… showing up
day after day, even when the problems seem overwhelming. I am proud of the
difference I have made, but I also know there is so much more to be done. For
these reasons, I respectfully nominate myself, Darren Stallcup, for recognition
during Homelessness Awareness Month.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Donnie Diego
Nominated by: Rich Town, friend
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Donnie Diego is more than a leader — he is a voice, an advocate, and a guiding
light for those experiencing homelessness in Contra Costa County. Having
walked through homelessness himself, Donnie carries a deep understanding
of the challenges faced by our most vulnerable neighbors. Today, he turns that
lived experience into action, compassion, and change. As Chairman of the
Consumer Advisory Board for Healthcare for the Homeless, Donnie has
ensured that the perspectives of people with lived experience are not just
heard, but centered in countywide decision-making. Under his leadership, the
board has strengthened collaboration between providers and the community,
making healthcare and housing programs more responsive, humane, and
effective. Beyond policy, Donnie’s daily work embodies hope in action. As a
Registered Substance Abuse Counselor, Peer Support Specialist, and
Discovery House Alumni Association Board Member, he meets people where
they are, walking beside them through recovery, mental health challenges,
and the difficult path out of homelessness. His trainings in WRAP, CBT, DBT,
and crisis intervention equip him with the tools to help individuals heal, while
his heart ensures they feel seen, valued, and never alone. Donnie’s impact
can be measured not just in programs improved or meetings led, but in lives
changed — in the resident who found courage to begin recovery, in the shelter
guest who learned new life skills, in the countless people who now have a
voice at the table because he insisted they belong there. Quietly but
powerfully, Donnie has helped turn hardship into hope, and struggle into
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
strength. He is a true unspoken hero whose dedication continues to transform
the homelessness community of Contra Costa County.
Donnie is also a S.P.I.R.I.T. graduate class of 2020. Having been homeless for
the past three years he has thrived during his journey.He is currently at Delta
Landing in Pittsburg, CA, for two years he was an outstanding client at
Brookside Shelter in Richmond, CA. He volunteered over 85% of his time
helping the shelter staff to run the program smoothly and efficiently as
possible. He helped with inventory of the facility, he was the liaison between
the clients and the staff. He took on the role of welcoming each and every
single client that came in and made sure their immediate needs were met,
(clothing, hygiene products, shoes, bedding etc.) He was always the first
person to offer himself to anyone, whether it be staff or clients, who needed
help. He was always being of service and it was obvious that he enjoyed every
minute of it. So much so that the management staff at Brookside Shelter
elected him Vice-President of the Resident Council. He also co -facilitated the
life skills group, led by Pacific Clinics, at the shelter three days a week. His
accomplishments in the re-entry and homeless community are many and
beyond reproach. He efforts have been recognized by the State Legislature
and has been given certificates of recognition twice by the AssemblyMember
Buffy Wicks, from the 14th District. He was also given the Harriet Tubman
Award along with a list of many others. He is certified Opioid Overdose and
Rescue Training because he understands that addiction runs rampant in the
homeless community. He sits as the Chairman of the Contra Costa County
Consumer Advisory Board for Health Care for the Homeless, a role he takes
very seriously. So much so that he waived any compensation from the county
for his participation and asked that it be put back into the program to make a
greater impact in the cause. He has been featured on the front page of the
Voice publication also for his role and advocacy in the community. We
sincerely believe he is a Hero and the voice of a community that is often
unheard and unseen.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Facing Homelessness
Nominated by: Nichole Gardner, Director of Facing Homelessness/ I am
nominating the Facing Homelessness Team
Supervisorial District of Nominee: District 5
Reason for nomination:
Facing Homelessness Street Outreach Team
The Facing Homelessness Street Outreach team serves hot meals to the
unhoused living on the streets of Antioch. Also providing them with basic
necessities, harm reduction supplies like narcan, celebrate unhoused
residents birthdays, holidays, and other special events. This past year the
team started a bowling outreach to take unhoused individuals bowling. Their
goal is to not only provide food, drinks and supplies but to bring hope to all of
those living on the streets of Antioch. They work hard and not only serve the
unhoused during their weekly outreach but are heavily involved with
advocating for the poor and also attending and assisting during encampment
sweeps in the city by being a liason between unhoused residents and city staff
and our elected officials.
This is a hard working team who have compassion for the unhoused living on
the streets of Antioch and are heavily involved in the community. The entire
team should be recognized for their hard work and dedication to Antioch's
unhoused communities.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Jenny Slye
Nominated by: Daniel Aderholt Sr, CEO of American River Homeless Crew
501c3
Supervisorial District of Nominee: District 3
Reason for nomination:
Jenny Slye has been a devoted member of American River homeless Crew
helping our homeless in Antioch California. She's always the first to volunteer
to help her CEO Dan Aderholt supply our homeless in Contra Costa County
every week for over a year.
Jenny makes people smile and laugh with her funny remarks and cheers those
up who needs it the most while she hands out donations to our homeless..
she was homeless herself before.
Jenny Slye has come along ways and doesn't let hard times discourage her
from helping those in need.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Mark Pitzlin
Nominated by: Eve Birge, Community partner
Supervisorial District of Nominee: District 4
Reason for nomination:
Mark, of Mark’s Light Ministries, has been quietly but powerfully serving
unhoused individuals in the Contra Costa region for over ten years. What
began as a simple act of compassion—Mark and his wife walking through
Martinez, offering a single sandwich to a person in need—has grown into a
sustained, high-volume outreach delivering hundreds of meals and much
more, twice a week, across several cities (Concord, Martinez, Pleasant Hill).
Length of involvement: Approximately ten years. The journey started when
Mark’s wife was diagnosed with early onset Alzheimer’s; walking together
became a time to serve. Over the years, Mark has carried on even as
circumstances changed. Concentration of service: Twice weekly
distributions, each time producing 300+ meals, going to multiple
encampments and locations. No overpass, no group of people seen in need,
is overlooked. Mark consistently responds to spontaneous needs (“if
someone looks like they need a meal just walking around, his call is ‘How
about a meal?’”). He also personally addresses urgent medical or crisis
situations, stepping in when others would not (for example, when someone
was seriously ill and paramedics didn't help, Mark carried him to safety so
treatment could be administered). Additional forms of giving: Beyond meals,
Mark invests in relationships. He delivers friendship, remembers names,
greets people with warmth. He spent years offering free puppet shows to
families in community centers, creating laughter and lightheartedness. He
does not withhold; every piece of food is made as though he would eat it. He
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
helps in non-meal ways: retrieving a tow hitch from home to move someone’s
belongings to prevent their possessions from being lost, for example. Humility
& selflessness: Mark’s service is not for recognition. He does not push his
religious beliefs, though his faith motivates him. Instead, his approach is of
listening, caring, meeting practical needs, respecting people’s dignity. Impact:
Last year, White Pony Express provided Mark with 51,748 pounds of prepared
meals, grab-and-go items, fruit, and snacks—and Mark conscientiously
distributed this bounty to encampments so it could find its way to unhoused
neighbors who would otherwise be without. The scale is massive. For many
recipients, these are not occasional meals but a lifeline—the difference
between going hungry or having enough or not having someone who will show
up and care.
Mark’s service makes a difference in many ways: • For the unhoused
individuals themselves: o Physical nourishment: Regular, nutritious
meals, not just hand-outs. The food is prepared with care. For many, this is the
only reliable source of meals during the week. o Stability & predictability:
Knowing that twice per week Mark will show up with food, with compassion,
bearing both food and friendship creates emotional/psychological relief. It
helps reduce anxiety about where the next meal comes from. o Dignity and
respect: Mark treats people as equals. His statement, “I will not make
anything I would not eat myself; they are not less than me,” speaks volumes
about how he views those he serves. He preserves dignity through respectful
interaction. o Hope & human connection: More than food—Mark provides
companionship, listening ear, hugs, remembering names. For people facing
isolation, mental illness, or being ignored, this is a healing presence. o
Mark’s actions often ripple outward: for example, helping a woman
avoid losing all her possessions by tracking down a tow hitch. That stabilizes
her situation immediately and prevents additional trauma & loss. • Who
values Mark’s work: o Recipients themselves: quotes show deep gratitude:
“The food is so helpful … enough for all of us …” “Without Mark no one would
know we exist.” These are people who otherwise are marginalized. o
Partner organizations: White Pony Express relies on Mark to distribute
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
large quantities of meals and items. Without his dedication, reach would be
far lower. o Local community: neighbors, volunteers, churches who donate,
friends who support his ministry. The Lutheran church and others fund him
and help him scale up. They value that Mark is trustworthy, consistent, and
generous. o County agencies (indirectly): Mark’s kind of work fills a vital gap in
food security and emergency response in the unhoused community,
complementing what shelters or formal agencies do. His work lessens
pressure on public agencies and addresses needs that would otherwise go
unmet. • Why it matters: Because many people experiencing
homelessness are too often invisible, ignored, or treated as problems to be
solved. Mark does not treat them as statistics. He invests time, energy, and
compassion. He does what most volunteers will not: go into encampments,
walk without reward, stay in relationship. His work is transformative for
individuals, offering not just relief but dignity, acknowledgment, and hope.
Mark’s service grows out of personal adversity (his wife's Alzheimer’s), which
gives a deeper sense of sacrifice, perseverance, and humility.
He is deeply relational: hugs, remembering names, greeting all people. These
small gestures carry enormous weight among people who often go unnoticed.
He tailors responses to real need, not rigid programs: spontaneous meals,
delivering food when someone is hungry just walking by, helping with a tow
hitch, responding when paramedics refuse—these are acts beyond protocol.
Mark does not seek recognition; indeed, some of those he helps describe him
as “a friend with food and caring.”
2 0 2 5 HOMELESSNESS AWARENESS MONTH T OOL KIT
May Yamamoto
Nominated by: Joleen Lafayette, Executive Director of Loaves and Fishes
Supervisorial District of Nominee: District 5
Reason for nomination:
It is with deep gratitude and admiration that we nominate May Yamamoto for
Volunteer of the Year. May is a shining example of what it means to serve with
compassion, consistency, and heart. She dedicates the majority of her days to
Loaves and Fishes, offering her time, energy, and spirit in countless ways that
uplift both our clients and our team. Always wearing a warm, welcoming
smile, May brings light and positivity to every space she enters. Her helpful
nature, tireless work ethic, and unwavering reliability have made her an
essential and deeply valued part of our organization.
One of May’s most visible contributions is the LFCC beautiful garden outside
our building at 835 Ferry Street, she lovingly manages it daily making sure it is
looking good, trimmed, and watered. Through every season, she brings life
and color to our space by planting flowers and maintaining a community
vegetable garden,, creating a welcoming and peaceful environment for
everyone who walks through our doors and by our building. Her attention to
detail and pride in her work are evident in every bloom and leaf.
But May’s impact doesn’t stop there. Each Saturday, she can be found in our
dining room helping to prep meals and serve hot food to our clients. Her
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
kindness, care, and commitment to service are evident in every interaction,
making each person feel seen and respected. She brings the same generous
spirit to the Martinez Senior Center, where she volunteers when she’s not at
Loaves and Fishes, continuing her mission to support and care for others in
our community.
May’s work is not driven by recognition but by a deep and genuine desire to
help others. She is giving, dependable, and one of the hardest-working
volunteers we’ve had the privilege to know. Her humility, consistency, and
kindness embody the very best of what it means to serve. We are incredibly
fortunate to have her as part of our Loaves and Fishes family, and we can think
of no one more deserving of the title Volunteer of the Year.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Moises Riley
Nominated by: Moises Riley, Son
Supervisorial District of Nominee: I don't know
Reason for nomination:
moises alexander amaya
con la experiencia personal, pude demostrar a la comunida y a todos los
estados de este pais que tan necesario y urgente necesitamos cambiar el
panorama de todas esas personas que sufren y que sufrieron por un largo
perido la falta de un hogar y lo mas importante motiva y consientizar al
gobierno y identidades nogubernamentales de tomar nuevos planes de
vivienda para poder dar un lugar seguro a nuestros hijos y ala comunida que
pasan por dificultades en la vida cotidiana por lo tanto invito a toda la
comunidad que nos unamos a cambiar el futuro de nuestras comunidades
que sufren las personas sin hogar y trabajar en equipo para que nuestros
condados y los departamentos de servicios sociales y las identidades que
apoyan estos recursos puedan tener una mejor vision y apoyar mas a esas
personas que lo necesitan ser parte de esta dura y fuerte realidad que tuve
que vivir me hizo motivarme a que en el futuro podamos dar mas apoyo al
quien mas lo necesita por que todos merecemos un techo y una vivienda
justa y segura por que todos somos iguales no importando su raza,cultura,o
estado migratorio todos merecemos una mano amiga que brinde seguridad a
nuestra comunidad domino a este gran personaje que apesar de las
dificultades y retos pudo dar a conocer la realidad que vive las personas que
viven en la calle sufriendo junto a ellos pudo lograr mucho mas experiencia y
fuerza cuando mas lo necesito no solo es un simple chico es nuestra voz de
la comunidad de personas sin hogar
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
cada experiencia que vivi en la calle me hizo mas fuerte y perseverante en la
vida por que nunca deje que los optaculos me derrotaran y orgulloso de mi
mismo por que pude aportar un impacto positivo no solo en la comunidad
sino aun nivel departamental estatal he internacional en poder
consecientizar que tan importante es la inclusion y consientizacion para
nuestra comunidad que lo necesita
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Nichole Gardner
Nominated by: Tami Weinert, Friend and fellow outreach worker
Supervisorial District of Nominee: District 3
Reason for nomination:
Nichole Gardner advocates for our city's unhoused men and women daily. She
is involved in going before our mayor and city council, cooking and serving,
managing a Facebook page to allow our homeless friends, advocates and
those who want to help to stay connected. She travels and goes to
encampment sweeps. She advocates for rights for those who are being moved
from pace to place. She is a friend to our unhoused neighbors and a voice that
cries out on their behalf. She has been doing this for about 10 years I believe.
Probably longer. I met her many years ago at an event for our unhoused
community.
There are tears when someone sees you and sits with you in your hardship.
This in Nichole. She hears them in her heart, her actions and in her prayers. I
have worked in outreach for any years and I live how she loves people and
seeks to serve them in so many different ways. Very inspiring.
She is also a mom and takes care of her boys while serving our community.
Nichole is full of empathy and is lionhearted. She is about bringing people
together and building this community and making sure our homeless brothers
and sisters are seen, represented and loved.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Ricka Davis-Sheard
Nominated by: Ms. Evon Ufland, Friend
Supervisorial District of Nominee: District 5
Reason for nomination:
Ms. Ricka of SHARE Community is coming up on 5 years of committed service
to the unhoused community. They offer hot showers, clothing and hygiene
packets, breakfast, water & coffee.
The work that Ms. Ricka does for the unhoused community is selfless, kind
and loving. Offering something so simple as a hot shower makes a world of
difference in the lives of the unhoused community she serves. The warm
smiles are the rewards for the hardworking, commitment and kind jesters of
resources and hope are shared with our Antioch unhoused community.
Ms. Ricka and the SHARE Community are a light and beacon of HOPE during
the in between stages of our unhoused community here in East Contra Costa
County in the city of Antioch, Ca.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Ricka Davis-Sheard
Nominated by: Marjorie Oliver, Partner in unhoused residents' advocacy
Supervisorial District of Nominee: District 3
Reason for nomination:
For the past five years, the volunteers of SHARE Community have faithfully
dedicated their time, energy, and compassion to serving unhoused residents
of Antioch through our mobile shower program. Their commitment goes far
beyond the simple act of providing showers. They have shown up week after
week, rain or shine, to create a welcoming environment where dignity and care
are restored. These volunteers have concentrated their service on ensuring
that community members who are often overlooked have access to basic
needs such as food and coffee, clean, hot showers, hygiene kits, laundry
vouchers, and fresh clothing. Their impact extends far beyond hygiene. They
offer kindness, encouragement, and Radical Hospitality®, reminding every
guest that they are seen and valued.
Over the course of five years, their consistent presence has transformed lives
by building trust with individuals experiencing homelessness, helping to
reduce stigma, and connecting people with additional resources and referrals.
Their dedication has been instrumental in making SHARE Community’s
services sustainable, reliable, and deeply impactful for the City of Antioch and
other East County unhoused residents.
n/a
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Teresa Pasquini
Nominated by: Lauren Rettagliata, friend
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Teresa Pasquini has been a voluteer for over 25 years for those who are most
often homeless or living in situations that are making their lives unbearable.
Teresa has helped hundreds of people living on the street find housing and
also the needed treatment and care to stay housed. Teresa spent her time
focused on advocating for a full continuum of psychiatric care that includes all
levels of Housing That Heals. That continuum includes Adult Residential
Facilities (ARFs) for those who cannot survive in supported independent living
and do not deserve to be housed in a jail pod or a cardboard tent. Teresa is a
former Contra Costa County Mental Health Commissioner. She was also a
founding member of a Behavioral Health Care Partnership that began in 2009
at Contra Costa Regional Center, the county’s public hospital. It was one of
the first patient and family partnerships in the nation that focused on
Psychiatric units; the forgotten units with forgotten patients. It is this work that
taught her the importance of partnering with patients, families, and the staff
who serve both. Teresa is on a mission to reform local, state, and federal
mental health systems. So that homelessness is not an option when one
leaves the hospital or a treatment center. Teresa's decades of lived experience
drives her current passion for “Housing That Heals.” Teresa has traveled
extensively telling her story in a variety of forums, including the Institute of
Healthcare Improvement, a Grand Rounds at the University of Michigan with
our Chief of Psychiatry, an event at the National Quality Forum with a Contra
Costa Sherriff Deputy, and a media event on Capitol Hill in 2015. She was one
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
of three family members from California who told our stories of failed first care
that ended with tragic consequences for all three families. It is hard to capture
the depth of despair that her family and so many others have experienced. Her
purpose for taking this journey was to start a crucial conversation that would
not leave her son uncounted.
Teresa's work has opened the door to housing with treatment for on average a
100 families a year who contact her seeking help so that their loved one does
not end up in jail or homeless.
Teresa's work has impacted many of the current laws that now benefit people
with a serious mental illness or substance use disorder. Through years of work
she has used her influence to help both write and support legislation that
helps those who are so seriously ill that they cannot help themself.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Teri Edlinger
Nominated by: Morgan Richie,
Supervisorial District of Nominee: District 1
Reason for nomination:
Teri Edlinger embodies compassion in action. At SOS Richmond, she has
become a strong and steady presence in our donation center, ensuring that
critical needs are never overlooked. When she learns something is missing —
whether it’s a warm coat, a pair of shoes, or basic supplies — Teri doesn’t stop
at identifying the gap. She goes out and finds it, making sure our unhoused
neighbors have what they need to survive and stabilize. SOS staff member
Desiree describes Teri as “the most beautiful soul” and her actions live up to
this description. Her generosity is rooted in her own lived experience of love
and loss. After her son passed away this year, Teri chose to donate all of his
clothing to others in need, transforming personal grief into a source of comfort
for the community. She brings that same spirit of compassion to every
interaction, showing up with kindness, dedication, and a smile that lifts those
around her.
Beyond meeting immediate needs, Teri invests in people’s futures. A former
hair stylist herself, she mentors a community member living in his car who
aspires to become a barber. With patience and care, she supported his
training and development until he could begin building a new career. For
many, Teri has become like a loving grandmother — someone who sees their
potential, believes in them, and offers unwavering support. Teri’s commitment
is quiet but profound. She enriches lives not just by what she gives, but by how
she gives: with heart, humility, and deep compassion. SOS Richmond is proud
to nominate her for Outstanding Volunteer.
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2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Phoenix Rising Recognitions
This category recognizes individuals with a lived experience of homelessness who have
demonstrated outstanding courage, strength and/or resilience through the Phoenix Rising
category. The Phoenix is a bird that rises up again and again from the ashes. It embodies
courage and resilience through its journey or flight. Nominated people must have a lived
experience of homelessness in Contra Costa County and/or have experienced
homelessness elsewhere and currently live and/or work in Contra Costa County.
Nominees
1. Anastasia Lockwood
2. Ashley Ontiveros
3. Brittany Ferguson
4. Brittany Grenier
5. Christina Smith
6. David Nolan
7. Donnie Diego
8. Donnie Diego
9. Michael Callanan
10. Moises Riley
11. Nicole Rogers
12. Rebecca Sanders
13. Robin Butler
14. Tami Townsend
15. Tammy Stoicich
16. Tanya Ruscigno
The following pages contain descriptions of each nominee as provided by the person (s)
who nominated them
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
David Nolan
Nominated by: Morgan Richie,
Supervisorial District of Nominee: District 1
Reason for nomination:
David Nolan’s journey exemplifies the courage and resilience at the heart of
the Phoenix Rising Award. Once a participant in SOS Richmond’s Job
Readiness Program, David has risen from the challenges of homelessness to
step into a role of leadership — inspiring others through both his hard work
and his integrity. From the beginning, David’s team recognized him as a natural
leader. His honesty, work ethic, and reliability quickly set him apart, and his
peers came to trust him as someone who would always show up and follow
through. David does not shy away from difficult tasks or hard truths — instead,
he leans in with determination and clarity. What makes David’s leadership
unique is the care he shows for others. His coworker Shyloh describes how
David consistently looks out for his teammates, whether by making sure a bike
wasn’t stolen, motivating his crew to clean up entire blocks of trash, or
encouraging them to keep pushing forward. David’s trustworthiness and
compassion have a direct impact not only on his coworkers, but on the
community streets where his team works every day. David’s story is one of
transformation and service. By moving from participant to leader, he has
become a living example of what is possible when resilience meets
opportunity. His presence encourages others to believe in themselves, to
imagine a future beyond survival, and to take pride in contributing to their
community. In David, we see the embodiment of the Phoenix: rising again and
again, carrying courage, strength, and care into every new chapter. SOS
Richmond is proud to nominate him for the Phoenix Rising Award.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Michael Callanan
Nominated by: Tanya Ruscigno, Coworker
Supervisorial District of Nominee: District 1
Reason for nomination:
Mike started CORE mobile outreach and has stayed all these years because
he has a passion for this work.
Mike is my new supervisor and he is calm, understanding, and always in a
good mood. He listens to everyone and always is responsive.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Tami Townsend
Nominated by: Tanya Ruscigno, Coworker
Supervisorial District of Nominee: District 1
Reason for nomination:
Tami demonstrates strength, courage, and resilience every single day. She
goes, goes, goes for all clients and her community. She cares about all of the
unhoused and goes the extra mile.
Tami is a team player and always gives a helping hand.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Tanya Ruscigno
Nominated by: Brittany Ferguson, Colleague
Supervisorial District of Nominee: District 1
Reason for nomination:
Tanya Ruscigno each day demonstrates resilience, she is the true example of
a phoenix rising. When she gets knocked down, she gets back up 10x harder.
Tanya has lived experience homeless, and in recovery. I admire her strength
and passion for helping and serving our community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Ashley Ontiveros
Nominated by: La Tanya Johnson, Former case manager
Supervisorial District of Nominee: District 4
Reason for nomination:
This client was homeless, lost her children to CFS, and separated from all she
has knows. During my time with her she graduated from SPIRIT program and
Restore. Gained custody of her children moved and maintained permanent
housing and received employment as a parent partner
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Brittany Grenier
Nominated by: Michele Eklund, Friend/coworker
Supervisorial District of Nominee: District 4
Reason for nomination:
She shows up everyday with a positive attitude, she inspires her clients, she
doesn’t judge people. She helps everyone no matter what.
She’s a beautiful soul
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Nicole Rogers
Nominated by: Roberto Roman, Co-worker/friend
Supervisorial District of Nominee: District 4
Reason for nomination:
Nicole Rogers, a recent addition to the team at the Office for Peer and Family
Empowerment (OPFE), knows that stories have beginnings and endings. It has
taken some reflection for her to consider how her story began. “I feel like my
story begins in a place of strength,” she says, “even though it didn't seem like
that in the beginning.” The start of an 18-year process of overcoming mental
health and substance use challenges also seemed like a very dark place to
Nicole. “But in that dark place,” she says, “there was a glint of light that
showed through.” In pursuing that light, she also experienced periods of
homelessness and battled suicidal thoughts. The point where change
seemed within grasp for Nicole was when she became pregnant. “I knew I had
to save myself to save my unborn child,” she says. A devastating reality faced
Nicole when, during her pregnancy, her baby’s father died from fentanyl
overdose. “It really opened up my eyes, knowing that, as it was with him, it
could have been with me, too.” Nicole found a refuge in Restore, a faith-based
recovery program that supports women who have graduated from inpatient
treatment and have open cases with Children and Family Services. Nicole
eventually became a manager, group facilitator, and admin worker there. At
Restore, Nicole also learned about the SPIRIT program when, during a
presentation by the peer co -instructors, she received encouragement to not
only apply for SPIRIT but also look into the Clean Slate program to expunge her
record and improve her employment opportunities. She was hesitant at first.
“I was so stuck on my past that I didn’t see my future,” she says. “Even though I
had shown signs of rehabilitation, I thought that there was no hope for me.”
Yet, hope prevailed! Nicole enrolled in SPIRIT and graduated in 2024. Now,
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she is the newest SPIRIT Peer Vocational Specialist at OPFE. Her journey has
changed her outlook. “There’s always time to rebuild your life, if that’s what
you want. Bad moments and bad times don’t have to equal bad life.”
I can personally vouch for Nicole's integrity, perseverance, and dedication to
helping others. She has become an instrumental part of the Office for Peer
and Family Empowerment team over the last year. Her journey through
adversity into victory inspires me immensely. I am grateful to be able to call
her my colleague and friend.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Rebecca Sanders
Nominated by: Tanya Ruscigno, Supervisor
Supervisorial District of Nominee: District 4
Reason for nomination:
Rebecca is an amazing supervisor and she’s always available to help
whenever assistance is needed. She also goes out in the field and assists
coworkers with helping clients.
Rebecca is also always available to talk if a co worker is feeling overwhelmed
or down, or needs a listening ear. She is truly an amazing supervisor.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Moises Riley
Nominated by: Moises Amaya, Son
Supervisorial District of Nominee: District 5
Reason for nomination:
Apesar de las dificultades que pase y lo duro que fue vivir en la calle me dio
el corage y la motivacion de luchar por seguir adelante sino tambien la
experiencia y las historias de cada persona que sufre en las calles por falta de
un hogar y las causas que por las que estas personas son olvidadas y
rechazadas pero mas grande fue mi motivacion al escuchar a cada una de
esas personas que me abrieron su corazon para poder darme razones y
dificultades pero mas hermoso fue que todas esas personas tenemos
suenos metas que por las dificultades de la vida aveces nos toca sufrir estos
problemas pero hoy es mas grande la motivacion para que podamos ayudar
ala comunidad a cambiar el rumbo de nuestros futuros y que el govierno
brinde y se enfoque en planes de ayuda para los mas necesitados que no
pueden alzar su voz
igualdad y inclusion ala comunidades mas vulnerables
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Robin Butler
Nominated by: Roxanne M. Perry-White, Care Coordinator at Delta Landing
Homeless Shelter
Supervisorial District of Nominee: District 5
Reason for nomination:
Robin had been homeless for a number of years. She placed herself of
numerous housing authority waitlists; and monitored them closely. She
performed all tasks required to be part of the BACS Community Services
Organization in a timely fashion
The client never gave up on her search for a forever home. She moved into her
home in May 2025.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Donnie Diego
Nominated by: Kevin Johnson, Friend
Supervisorial District of Nominee: I don't know
Reason for nomination:
I am thrilled to nominate Donnie Diego for the Phoenix Rising Award, which
honors individuals with lived experience of homelessness who exemplify
extraordinary courage, strength, and resilience.
Despite his struggles with homelessness, Donnie has not only thrived but has
become a beacon of hope and leadership. He is Chairman of the Healthcare
for the Homeless Consumer Advisory Board and has driven significant
improvements in healthcare access for the homeless community. His
dedication to service also shined through his role as Vice President of the
Resident Council at Brookside, where he championed his peers and fostered
positive change. For two years Donnie volunteered his time and services at
the Brookside Shelter where he managed inventory and donations as well as
helped shelter staff with daily operations.
Throughout his journey, Donnie continues to thrive amidst the challenges of
homelessness. He’s trained and certified a Peer Support Specialist by three
esteemed agencies: Contra Costa College, CalMHSA the California Mental
Health Services Authority, and Medi-Cal. He has also completed courses in
interpersonal development and financial management with Pacific Clinics,
which led him to co-facilitate the day habilitation program at the shelter.
Additionally, he graduated from the Re-Entry Success Center's Alpha Program
and received the Harriet Tubman Award from the Remedy Support Group,
along with a certificate of recognition from the State Legislature through
Assembly member Buffy Wicks and participated in the Contra Costa County
Early Engagement Group on substance disorders.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Donnie’s journey from homelessness to a pillar of strength and resilience is a
testament to his unwavering courage. His dedication to empowering others
and continuous pursuit of personal and professional growth make him an
ideal candidate for this award. He is an inspiration to us all.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Anastasia Lockwood
Nominated by: Caroline Miller, YAB
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Over the past year, Anastasia has grown into a vital member of the Youth
Action Board (YAB). Drawing from their lived experience, they have
consistently shown up in the community to advocate for young people and
work toward improving the homeless response system—even while still
navigating it themselves. Anastasia’s commitment and resilience are evident
in the many ways they’ve contributed: participating in the HAM panel, serving
on RFP panels and participating in interviews, engaging in trainings, leading
outreach efforts, and lending their voice to strategic planning.
Anastasia’s steady presence, thoughtful contributions, and deep compassion
for others have left a lasting impact on their peers and the broader community.
They embody the spirit of rising above challenges while lifting others alongside
them.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Brittany Ferguson
Nominated by: Tanya Ruscigno, Co -worker
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Brittany has been very helpful to CORE mobile outreach and she always
advocates for the clients. Brittany has lived experience and uses her past
struggles to persevere through helping her community.
Brittany from H3 has taught myself so many things and she is always
responsive. She truly has a passion for this line of work and she helps build
people up.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Christina Smith
Nominated by: Bill Jones, I supervise her Program Director, and I was her
mentor when she completed her SPIRIT program internship.
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Christina’s story is one of courage, resilience, and strength. She has faced
challenges that might have kept others from moving forward, yet she has
transformed her lived experiences—emerging as a true survivor—into a
powerful source of wisdom and compassion. Today, Christina not only guides
her own path with clarity and purpose but also uplifts, supports, and inspires
the vulnerable clients she serves in the APS Home Safe program at Hope
Solutions. From the beginning, Christina stood out as someone who leads
with heart. She understands, on a deeply personal level, just how
overwhelming life’s hardships can be, and she brings that lived understanding
into every interaction. Her clients trust her because she truly gets it. In her
presence, they feel seen, respected, and empowered. Partners and
colleagues alike recognize her authenticity and empathy, which have built
bridges of trust and strengthened our entire program. Christina’s leadership is
compassionate, but it is also grounded in accountability. She creates spaces
where teamwork thrives, where every voice matters, and where people feel
both supported and challenged to grow. She demonstrates that empathy and
excellence are not opposites—they go hand in hand. Through her example,
Christina shows that resilience is not simply about surviving hardship, but
about transforming those hardships into a driving force for change, growth,
and impact. Her journey, and the way she channels it into her work, embodies
the very essence of this award. Christina is a courageous leader, a
compassionate provider, and an inspiration to everyone around her. We are
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
honored to nominate her and to celebrate the remarkable impact she
continues to make in the lives of her clients, colleagues, and community.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Donnie Diego
Nominated by: Rich Town, friend
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Donnie is more than a leader — he is a voice, an advocate, and a guiding light
for those experiencing homelessness in Contra Costa County. Having walked
through homelessness himself, Donnie carries a deep understanding of the
challenges faced by our most vulnerable neighbors. Today, he turns that lived
experience into action, compassion, and change. As Chairman of the
Consumer Advisory Board for Healthcare for the Homeless, Donnie has
ensured that the perspectives of people with lived experience are not just
heard, but centered in countywide decision-making. Under his leadership, the
board has strengthened collaboration between providers and the community,
making healthcare and housing programs more responsive, humane, and
effective.
Beyond policy, Donnie’s daily work embodies hope in action. As a Registered
Substance Abuse Counselor, Peer Support Specialist, and Discovery House
Alumni Association Board Member, he meets people where they are, walking
beside them through recovery, mental health challenges, and the difficult path
out of homelessness. His trainings in WRAP, CBT, DBT, and crisis intervention
equip him with the tools to help individuals heal, while his heart ensures they
feel seen, valued, and never alone. Donnie’s impact can be measured not just
in programs improved or meetings led, but in lives changed — in the resident
who found courage to begin recovery, in the shelter guest who learned new life
skills, in the countless people who now have a voice at the table because he
insisted they belong there.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Quietly but powerfully, Donnie has helped turn hardship into hope, and
struggle into strength. He is a true unspoken hero whose dedication continues
to transform the homelessness community of Contra Costa County.
2025 HOMELESSNESS AWARENESS MONTH TOOLKIT
Tammy Stoicich
Nominated by: Tanya Ruscigno, Coworker
Supervisorial District of Nominee: They serve the entire county
Reason for nomination:
Tammy is a part of the CCH: H3 data team and she assists with a huge part of
CCC reports and trains all of CORE mobile outreach. She is very patient with
everyone and very professional.
Tammy has lived experience and she is a kind and loving woman. She has a
heart for the unhoused.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
367
Name:
Status:Type:Consent Resolution Passed
File created:In control:9/18/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-367 proclaiming November 2025 as Adoption Awareness Month in
Contra Costa County, as recommended by the Employment & Human Services Director.
Attachments:1. Resolution No. 2025-367
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Proclaim November 2025 as Adoption Awareness Month
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a resolution proclaiming November 2025 Adoption Awareness Month in Contra Costa County, as
recommended by the Employment & Human Services Director.
FISCAL IMPACT:
None.
BACKGROUND:
The 2025 National Adoption Month theme is “Honoring Youth: Strengthening Pathways for Lasting Bonds.”
By honoring every youth and their network, professionals can work toward an adoption that is meaningful and
purposeful, paving the way for healing, well-being, and long-term stability.
President Bill Clinton named November as National Adoption Month in 1995. In recent years, the national
focus has been on adoption of teens since teens in foster care wait longer for permanency and are at higher risk
of aging out without permanent connections, placing them at risk for negative outcomes.
Children and Family Services (CFS) of the Contra Costa County Employment & Human Services Department
(EHSD) work to find caregivers who can offer children and youth permanent homes through adoption. During
Fiscal Year 2024-25, CFS completed 53 adoptions in Contra Costa County.
CONSEQUENCE OF NEGATIVE ACTION:
No recognition of Adoption Awareness Month.
CHILDREN’S IMPACT STATEMENT:
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3
powered by Legistar™
File #:RES 2025-367,Version:1
This resolution supports all five of Contra Costa County’s community outcomes of the Children’s Report Card:
(1) “Children Ready for and Succeeding in School”; (2) “Children and Youth Healthy and Preparing for
Productive Adulthood”; (3) “Families that are Economically Self-Sufficient”; (4) “Families that are Safe, Stable
and Nurturing”; and (5) “Communities that are Safe and Provide a High Quality of Life for Children and
Families.”
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF proclaiming November 2025 as National Adoption Awareness Month in Contra
Costa County.
WHEREAS,all children, infants, toddlers, school-aged and older youth, deserve a safe, loving, supportive
environment and a place to call home; and
WHEREAS, National Adoption Month raises awareness about the need for adoptive families and the
importance of cultivating a support network for youth in foster care, embracing and affirming their identity, and
promoting family, community, and cultural connections; and
WHEREAS, reunifying children with their own families is the primary goal when it is safe and in the child’s
best interest to do so and, when reunification is not possible, Children and Family Services (CFS) of the Contra
Costa County Employment & Human Services Department (EHSD) help to find caregivers who can offer
children and youth permanent homes through adoption; and
WHEREAS, during Fiscal Year 2024-2025 EHSD’s Children & Family Services completed 53 adoptions; and
WHEREAS, of the 53 adoptions, 22 of the adoptions were with relatives, 37 of the adopted children were under
5 years old, and 9 of the youth adopted were teens; and
CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 3
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File #:RES 2025-367,Version:1
WHEREAS, CFS and community partners provided adoption assistance and post-adoption support to 1,464
families during Fiscal Year 2024-2025 in Contra Costa County; and
WHEREAS, we recognize that we can work toward meaningful adoption journeys for teens and older youth
who generally tend to have a longer wait for permanent homes, and help them secure lifelong connections to
pave the way for healing, well-being, and long-term stability; and
WHEREAS, there are no restrictions on who can adopt based on race, ethnicity, religion, physical ability,
income, sexual orientation or expression, gender identity, marital status; and
WHEREAS, adoption secures supportive and nurturing families and homes, including those of relative
caregivers, for children and teens, and can play a role in preventing recurring child abuse and neglect.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby proclaims November 2025
as National Adoption Month in Contra Costa County to celebrate our community’s adoptive families and raise
awareness about the number of children and teens who are still waiting for a permanent home.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 3 of 3
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
368
Name:
Status:Type:Consent Resolution Passed
File created:In control:9/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-368 proclaiming November 5, 2025, as the Contra Costa County Shelter
-in-Place Education Day, as recommended by the Health Services Director.
Attachments:1. 2025 Shelter in Place Drill Fact Sheet, 2. Resolution No. 2025-368
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:CAER 2025 Shelter-in-Place Education Day
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution proclaiming November 5, 2025, as Contra Costa County Shelter-in-Place Education Day.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
Contra Costa County Community Awareness and Emergency Response Group, Inc. has worked with schools
and daycare facilities for the last twenty-four years on sheltering in place when there is a hazardous material
release that could impact them. This protective action is the best immediate action that a person can take to
protect them against exposure to hazardous materials that could occur from an accidental release or spill.
Attached find the proclamation and a flyer announcing November 5, 2025, as Shelter-in-Place Education Day.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not taken, there will not be a much public awareness with regard to Shelter-in-Place Education
Day in Contra Costa County.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 2
powered by Legistar™
File #:RES 2025-368,Version:1
IN THE MATTER OF proclaiming November 5th, as Contra Cost County Shelter-in-Place Education Day.
WHEREAS, public and private schools centers throughout Contra Costa County will be participating in the
Shelter-in-Place Drill on November 5th;
WHEREAS, Contra Costa Community Awareness Emergency Response Group - CAER - is sponsoring the
24th Annual Shelter-in-Place Drill and assisting schools and childcare centers with their emergency
preparedness;
WHEREAS, emergency response agencies including fire, sheriff and health officials all recommend Shelter-in-
Place as the immediate action to take in case of a hazardous release;
WHEREAS, the Shelter-in-Place Drill increases public awareness about Shelter-in-Place is a protective action
and gives students and teachers practice in implementing this important procedure.
WHEREAS, the County Office of Education has endorsed the Shelter-in-Place Drill and encouraged all sites to
participate.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors recognize the importance of preparing
for emergencies and encourages participation in the Contra Costa CAER Group’s public education efforts. In
support of the parents, teachers, students and staff that will be participating with hundreds of other schools in
the Shelter-in-Place Drill, we proclaim November 5, 2025, as “Shelter-in-Place Education Day.”
CONTRA COSTA COUNTY Printed on 1/2/2026Page 2 of 2
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2025 Shelter-in-Place Drill
FACT SHEET
▪ The Shelter-in-Place drill will begin at 11:00 a.m. on November 5th. This coincides with
the testing of the safety sirens in Contra Costa that sound at 11:00 a.m.
Or, if necessary, you can change to a time better suited to your site.
▪ Each site will determine how complex they want the Shelter-in-Place drill to be at their
own facility. The scope can range from a tabletop exercise with staff to a full-scale drill
bringing everyone inside to Shelter-in-Place. Drill can be as long as you want it to be.
▪ The drill is being sponsored by Contra Costa County CAER (Community Awareness
Emergency Response) Group. CAER is a non-profit organization with members from
fire, law enforcement, health services, emergency services, plus community and industry
representatives.
▪ All public and private schools are encouraged to participate. This is a chance to be part
of a countywide exercise that will promote further awareness about Shelter-in-Place
training and procedures.
▪ Participating schools will have their names posted on the CAER web site at
cococaer.org (Unless told otherwise)
▪ The County Board of Supervisors as well as All City/Town Councils in the County are
being asked to proclaim November 5th as “Shelter-in-Place Education Day.”
▪ The Shelter-in-Place Drill is an annual event on the first Wednesday in November.
CAER sponsors the drill to promote emergency preparedness in our schools.
Please note: If you do not normally hear the sound of the sirens on the first
Wednesday of every month YOU WILL NOT HEAR THEM ON NOV 5th Sirens are
only one of the ways a Shelter-in-Place alert is broadcast. In an actual emergency, other
tools to alert the public would also be used, such as KCBS 740AM radio, scrolling
messages on CCTV, weather radio alerts, and the TENS system (automated telephone
calls) as well as cell phone notifications.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
369
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/9/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-369 recognizing Veterans Day and honoring the Veterans of Contra
Costa County, as recommended by Supervisor Andersen.
Attachments:1. Resolution No. 2025-369
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Candace Andersen, District II Supervisor
Report Title:Resolution recognizing Veterans Day and honoring the Veterans of Contra Costa County, as
recommended by Supervisor Andersen
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Resolution recognizing Veterans Day and honoring the Veterans of Contra Costa County, as recommended by
Supervisor Andersen
FISCAL IMPACT:
No fiscal impact
BACKGROUND:
Resolution recognizing Veterans Day and honoring the Veterans of Contra Costa County, as recommended by
Supervisor Andersen
CONSEQUENCE OF NEGATIVE ACTION:
No negative action
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3
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File #:RES 2025-369,Version:1
The Board of Supervisors of Contra Costa County, California
IN THE MATTER OF IN THE MATTER OF Recognizing Veterans Day
and honoring the veterans of Contra Costa County
WHEREAS, on November 11, 1919, President Woodrow Wilson proclaimed the first commemoration of
Armistice Day; and
WHEREAS, in 1938, an act was passed to make November 11th a Federal Holiday dedicated to the cause of
world peace and to be known as Armistice Day; and
WHEREAS, in 1954, a new act was passed which changed the name from Armistice Day to Veterans Day, and
it has been celebrated ever since; and
WHEREAS, on Veterans Day, we pay tribute to the service and sacrifice of the men and women who, in
defense of our freedom, have bravely worn the uniform of the United States; and
WHEREAS, our veterans have defended our nation's ideals established by our founding fathers, protected the
innocent, and liberated the oppressed from tyranny and terror; and
WHEREAS, the freedom and security enjoyed by Americans is the direct result of the sacrifices of those who
have served and who are serving in our Armed Forces; and
WHEREAS, our veterans have served with honor, courage, and commitment in World War II, Korea, Vietnam,
Operation Desert Storm, Afghanistan, Iraq, and other military actions protecting our freedoms; and
WHEREAS, during World War II, more than 16 million Americans served in uniform, including many from
Contra Costa County, who answered the call to defend liberty around the world. Their courage on the front
lines and their dedication on the home front shaped a generation and ensured victory for democracy; and
WHEREAS, we continue to honor the remaining members of this Greatest Generation, whose strength,
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File #:RES 2025-369,Version:1
humility, and service set a lasting example for all who follow; and
WHEREAS, many of our veterans continue to serve one another through the more than 20 veteran service
organizations throughout Contra Costa County that continue to provide invaluable services to our veterans; and
WHEREAS, we will never forget the heroes who have made the ultimate sacrifice and all those who have not
yet returned home.
NOW, THEREFORE, BE IT RESOLVED:
that the Board of Supervisors of Contra Costa County does hereby recognize and honor the men and women of
our country who have served, and who are serving, in the Armed Forces of the United States in observance of
Veterans Day 2025.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
370
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-370 honoring Tamara Steiner upon her retirement from the Concord
Clayton Pioneer, as recommended by Supervisor Carlson.
Attachments:1. Resolution No.2025-370
Action ByDate Action ResultVer.Tally
adoptedBOARD OF SUPERVISORS11/4/2025 1 Pass
To: Board of Supervisors
From:Ken Carlson, District IV Supervisor
Report Title:Resolution Honoring Tamara Steiner upon Her Retirement from the Concord Clayton Pioneer.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution Honoring Tamara Steiner upon Her Retirement from the Concord Clayton Pioneer.
FISCAL IMPACT:
None
BACKGROUND:
See Resolution Text
CONSEQUENCE OF NEGATIVE ACTION:
None
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 3
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File #:RES 2025-370,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF Honoring Tamara Steiner upon Her Retirement from the Concord Clayton Pioneer.
WHEREAS,for nearly three decades, Tamara and her husband Bob published The Pioneer, first in their
hometown of Clayton and later expanding its reach to Concord and Pleasant Hill; and
WHEREAS,The Pioneer was always a free newspaper, mailed to homes and available at local business
newsstands; and
WHEREAS, Tamara covered many community events, from births and weddings to festivals, the historic 151-
victory streak of the De La Salle High School football team, and the most important news of the day; and
WHEREAS, at a time when newspapers around the country were folding,The Pioneer remained alive, vital,
and flourishing; and
WHEREAS, dedicated readers looked forward each month to their delivery of The Pioneer to stay informed
about the local news that mattered; and
WHEREAS, over the years many writers contributed columns and articles to The Pioneer, including Nicole
Hackett (“Garden Girl”), ABC 7’s Dan Ashley, Contra Costa County District IV Supervisor Ken Carlson and nearly
every Mayor of the communities served; and
WHEREAS, Tamara’s passion for covering the local political scene was matched by her unwavering
commitment to publishing fair and unbiased perspectives; and
WHEREAS, as an animal lover, Tamara and The Pioneer sponsored the annual Hay Day “Woof-O-Ween” dog-
costume contest, sponsored each festival of the Clayton Business & Community Association and supported
other local community events; and
WHEREAS, Tamara marched in local parades, often multiple times with different groups, and when Bob
portrayed Santa Claus in Clayton, Tamara was there beside him as Mrs. Claus; and
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File #:RES 2025-370,Version:1
WHEREAS, Tamara and Bob have been staunch supporters of the Clayton community, always helping local
service organizations and non-profits, embodying the spirit of Clayton’s volunteer tradition: and
NOW, THEREFORE, BE IT RESOLVED,that the Board of Supervisors hereby recognizes and commends
Tamara for her decades of enthusiastic service, leadership, and dedication to the community upon her
retirement from the Concord Clayton Pioneer.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:225-4533 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT Jon Green to the At-Large Representative seat 4 on the Juvenile Justice Coordinating
Council for a term ending October 22, 2026, as recommended by the Public Protection Committee.
Attachments:1. Attachment A-application, 2. Attachment B-application
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 2 Pass
To:Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:APPOINT Jon Green to the At-Large Representative Four (4) seat on the Juvenile Justice
Coordinating Council for a term ending October 22, 2026, as recommended by the Public Protection
Committee.
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT Jon Green to the At-Large Representative Four (4) seat on the Juvenile Justice Coordinating Council
for a term ending October 22, 2026, as recommended by the Public Protection Committee.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Juvenile Justice Coordinating Council (JJCC) is a multi-agency advisory body that informs the
development and implementation of a countywide juvenile justice coordinating plan. As a result of one (1) At-
Large Representative vacancy, the Probation Department conducted a countywide recruitment effort to identify
candidates to serve on the advisory body. In response to the recruitment press release, Probation received a total
of two (2) applications for the At-Large Representative seat Four (4) prior to the deadline of October 3, 2025.
All applicants were invited to participate in public interviews scheduled for October 20, 2025, at the Board’s
Public Protection Committee (PPC) meeting. On October 20, 2025, the PPC interviewed Jon Green and Natalya
Dunauskas for the At-Large Representative Four (4) seat and motioned to move Jon Green’s application to the
Board of Supervisors for appointment for a term ending October 22, 2026. (See attachments A, B)
The PPC voted to recommend to the Board of Supervisors, the appointment of Jon Green, who lives in Contra
Costa County, to the At-Large Representative Seat Four (4).
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File #:25-4533,Version:2
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the At-Large Representative seat will remain vacant, and the Juvenile Justice
Coordinating Council (JJCC) will be unable to reach quorum.
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Jonathan B. Green
Seasoned salesman with years of superb customer service and results in high end
sales. Possess a strong, versatile background in Sales & Marketing.
Skillset
Proficient in Microsoft Excel &
Office
SOP Creator and Sales
Trainer
SharePoint Administrator
Experience
Eloquent Speaker, Skilled
Writer
Skilled in LMS and Pipeline Exceptional Customer
Service
Experience:
Utility Trailer Sales of Utah – Las Vegas, NV
(8/2022 – Current)
Outside Parts Salesman
Deepen the relationship with our customers to drive lifetime loyalty and spending.
Drive business through being committed to ensuring every customer is taken care of.
Demonstrate our company valves every day to ensure we Keep America trucking,
exceed expectations and deliver smiles.
Tiffany & Co – Las Vegas, NV & Salt Lake City, UT
(8/2019 – 6/2022)
2019 Top TEI 94%
2019 VOC Recipient
Client Sales Advisor
Consistently achieve or exceed monthly, quarterly, and annual store sales plan.
Capture customer data.
Cultivate new and existing customer relationships.
Deliver a significant portion of sales through repeat client business.
Drive business through key product pillars.
Elevate in store experience by consistently delivering memorable moments to every
customer.
Demonstrate passion as a Tiffany brand ambassador during every selling ceremony
using the Tiffany Touch, your personal touch.
Demonstrate Customer Experience Behaviors identified within the TEI program (Voice
of Customer Survey) and with Tiffany customer experience vision.
Execute best practices by optimizing hospitality and store amenities to create unique
experiences and act on TEI performance and client feedback.
Golden Nugget Hotel & Casino – Las Vegas, NV
(10/2017 – 8/2019)
Administrative Assistant (11/2018 – 8/2019)
Worked closely under the Director of Housekeeping to complete various assigned
projects and reports within the deadline
Employee Scheduling
Assisted with the revamping of several departmental SOP’s
Assisted in all duties and requests of the Director of Housekeeping
Night Auditor (4/2018 – 11/2018)
Reconcile and complete all daily front desk agents’ work.
Responsible to balance cash transactions from previous shift
Checks front office accounting records for accuracy and compiles information for the
hotel’s financial records.
Tracks room revenues, occupancy percentages, and other front office operating
statistics.
Prepares summary of cash, check, and credit card activities, reflecting the hotel’s
financial performance for the day.
Posts room charges and room taxes to guest accounts. Processes guest charge
vouchers and Credit card vouchers.
Verifies all account postings and balances.
Summarizes results of operations and prepares reports for management.
Performs duties of the front desk agent
Front Desk Agent (10/2017 – 4/2018)
Assist guests with check in and check out processes (verifying registration, address
and credit information, balancing bank, posting charges). Go above and beyond to
provide assistance, i.e. assist with luggage, coffee, directions, wake up calls, future
reservations, etc.
Provide information to guest and visitor inquiries; coordinates all guest requests for
special arrangement of services, courteously and efficiently informs guests of hotel
services, features and room amenities.
Follow operational policies and procedures, including those for cash and credit card
handling, safety and security and all other policies, procedures and standards to
ensure we can consistently exceed the guests' expectations.
References
Are available upon request
Attachment B
1. This application and any attachments you provide to it is a public document and is
subject to the California Public Records Act (CA Government Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training
provided by Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: (1)
file a Statement of Economic Interest Form also known as a Form 700, and (2)
complete the State Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be
accessible by public transportation.
5. Meeting dates and times are subject to change and may occur up to two (2) days
per month.
6. Some boards, committees, or commissions may assign members to
subcommittees or work groups which may require an additional commitment of
time.
7. As indicated in Board Resolution 2021/234, a person will not be eligible for
appointment if he/she is related to a Board of Supervisors' member in any of the
following relationships:
(1) Mother, father, son, and daughter;
(2) Brother, sister, grandmother, grandfather, grandson, and granddaughter;
(3) Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
stepson, and stepdaughter;
(4) Registered domestic partner, pursuant to California Family Code section 297;
(5) The relatives, as defined in 1 and 2 above, for a registered domestic partner;
(6) Any person with whom a Board Member shares a financial interest as defined
in the Political Reform Act (Gov't Code §87103, Financial Interest), such as a
business partner or business associate.
Natalya Dunauskas
Education
B.S.B.A. in Human Resources Management & Organizational Behavior 12/2019
California State University East Bay - Hayward, CA
Associate of Science in Accounting 12/2013
Chabot College - Hayward, CA
Certifications
Human Resources Management Certificate, Executive Program 01/2015
California State University East Bay (Extension) - Hayward, CA
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4536 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT Dr. Talia Moore to the community-representative alternate seat on the Racial Justice
Oversight Body for term ending December 31, 2026, as recommended by the Equity Committee.
Attachments:1. Moore, Talia (RJOB) redacted application
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Kendra Carr & Peter Kim, Co-Directors Office of Racial Equity and Social Justice
Report Title:Racial Justice Oversight Body Community-Based Representative Alternate Seat Appointment
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT Dr. Talia Moore to a Community-Based Representative alternate seat on the Racial Justice Oversight
Body for a term ending December 31, 2026, as recommended by the Equity Committee.
FISCAL IMPACT:
None.
BACKGROUND:
The Racial Justice Oversight Body (RJOB) was established by the Contra Costa County Board of Supervisors
(BOS) to oversee the implementation of the recommendations made by the Racial Justice Task Force, and
accepted, as specified, by the BOS. RJOB members include Ex-Officio members who serve during their term of
office or appointment (i.e. Sheriff, District Attorney, Public Defender, Chief of Probation). Members of the
body also include those appointed by the BOS (i.e., Public Entity Members, Community-Based
Representatives, and Alternate Community-Based Representatives). Members appointed by the BOS shall have
two-year terms. The Equity Committee interviews RJOB applicants and makes appointment recommendations
to the BOS.
On October 20, 2025, Equity Committee interviewed two applicants for the recently vacated Community-Based
Representative alternate seat previously occupied by Naomi Lewis-Mauricio, and declared vacant on June 24,
2025. Dr. Talia Moore was recommended by the Equity Committee for this appointment.
CONSEQUENCE OF NEGATIVE ACTION:
There will be a vacancy on the Racial Justice Oversight Body.
CONTRA COSTA COUNTY Printed on 1/2/2026Page 1 of 1
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Submit Date: Oct 04, 2025
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City Postal Code
Primary Phone
Email Address
Employer Job Title
Contra Costa County Boards & Commissions
Application Form
Profile
District Locator Tool
Resident of Supervisorial District:
District 1
Length of Employment
3 years
Do you work in Contra Costa County?
Yes No
If Yes, in which District do you work?
How long have you lived or worked in Contra Costa County?
25 years
Are you a veteran of the U.S. Armed Forces?
Yes No
Board and Interest
Which Boards would you like to apply for?
Racial Justice Oversight Body: Submitted
Seat Name
Talia Moore
Saint Mary's College Associate Professor
Talia Moore
Have you ever attended a meeting of the advisory board for which you are
applying?
Yes No
If Yes, how many meetings have you attended?
Education
Select the option that applies to your high school education *
High School Diploma
College/ University A
Name of College Attended
University of California, Berkeley
Degree Type / Course of Study / Major
Bachelor of Arts
Degree Awarded?
Yes No
College/ University B
Name of College Attended
Golden Gate University
Degree Type / Course of Study / Major
Master of Arts
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Argosy University
Degree Type / Course of Study / Major
Educational Doctorate
Degree Awarded?
Yes No
Talia Moore
Other Trainings & Occupational Licenses
Other Training A
Certificate Awarded for Training?
Yes No
Other Training B
Certificate Awarded for Training?
Yes No
Occupational Licenses Completed:
Qualifications and Volunteer Experience
Please explain why you would like to serve on this particular board,
commitee, or commission.
Being a long-term resident of Contra Costa County, as an informed former Deputy Probation
Officer turned college professor, and as part of the African American community, I believe I
can contribute to the work of the board, and support in reaching desired outcomes to
positively impact residents within my district and portion of the county.
Describe your qualifications for this appointment. (NOTE: you may also
include a copy of your resume with this application)
07/23-Present Program Director, Saint Mary’s College Forensic Psychology Graduate Program
Design and implement academic class plans and individualized programs of study for
graduate students. Conduct admissions interviews, evaluate applicant qualifications, and
participate in student selection. Monitor student progress, provide academic advising, and
respond to student concerns with timely support. Develop curriculum and course lecture
materials, ensuring alignment with accreditation standards and academic rigor. Recruit, hire,
and supervise faculty, fostering professional growth through responsive and supportive
faculty development initiatives. Oversee program quality assurance, assessment, and
continuous improvement to enhance student outcomes and program reputation. 11/24-
06/25 Trauma Recovery Center Associate Director, Alameda County Family Justice Center
Manage a clinical therapeutic team. Ensure all funding, practices, treatment modalities and
approaches, fall within the confines of the grant requirements. Secure state reimbursement
for services rendered. Facilitate the allocation of therapeutic treatment in response to
incidents of sexual assault, domestic violence and human trafficking. Manage daily program
operations, develop program policy and procedures, conduct program assessment and
evaluation, manage fiscal administration, and participate in strategic planning. Collect,
review and analyze relevant data reflecting work efforts within program, and provide
statistical evaluations and periodic grant updates to state funders and department leaders
as needed. 05/23-11/24 Empowerment Associate Director, Alameda County Family Justice
Center Utilize a trauma-informed perspective to direct the allocation of resources, supports,
and financial literacy education to survivors of domestic violence and sexual assault.
Participate in department-wide efforts to mitigate gender-based violence and commercial
sexual exploitation to minors and those at risk of exploitation and harm. Manage daily
program operations, develop program policy and procedures, conduct program assessment
and evaluation, manage fiscal administration, and participate in strategic planning. Collect,
review and analyze relevant data reflecting work efforts within facility, and provide statistical
Talia Moore
Upload a Resume
evaluations and periodic grant updates as needed. Responsible for planning and organizing
day-to-day affairs and developing programming for clients and the community. 08/20- 05/23
Graduate Program Advisor, Holy Names University Counseling and Forensic Psychology
Program Advised graduate students on academic planning, program requirements, and
progression toward degree completion. Assisted in developing individualized plans of study
to ensure alignment with career and academic goals. Participated in the admissions process,
including interviewing prospective students and evaluating program fit. Assessed and
responded to programmatic needs while supporting student success and retention.
Collaborated with faculty and administration to enhance the overall academic experience
within the program. 8/18- 5/23 Undergraduate Criminology Program Coordinator, Holy
Names University Coordinated academic programming, course scheduling, and faculty
support for the undergraduate criminology program. Advised students on degree
requirements, career pathways, and academic resources to support retention and success.
Organized program events, workshops, and guest lectures to enhance student engagement
and experiential learning. Maintained program records, tracked student progress, and
supported accreditation and assessment activities. 03/15- 09/16 Lead Faculty Area Chair,
Securities and Criminal Justice College, University of Phoenix, Bay Area Campus Conducted
faculty reviews and assessments, provided mentoring and coaching to develop effective
teaching methods. Performed faculty consultation, certification and training. Reported to
periodic, monthly and weekly trainings and meetings. Provided support to adjunct faculty
and ensured that teaching practices adhered to institutional standards and compliance
requirements. 03/14- 09/16 Campus Faculty Assessment Liaison, University of Phoenix- Bay
Area Campus Provided leadership and support in the implementation of student learning
outcome assessment initiatives. Informed faculty of assessment process, data collection
measures, outcomes and aided in the facilitation and generation of ideas to benefit student
learning and achievement. Research Experience 06/14- 09/16 Research Fellow, University of
Phoenix- Center for Workplace Diversity Under the supervision of a principal investigator,
independently researched criminal justice issues, disparities in education and access to
determine the correlation between these social deficits and recidivism. Researched various
models of probation utilized nationwide to determine a best-practices approach for specific
populations within the criminal justice system. Supervised Clinical Experience 09/04- 08/05
Youth and Family Enrichment Services, Therapist Trainee Provided therapeutic psycho-
educational counseling to adolescents with drug and alcohol abuse issues. Administered ASI
assessment and other substance abuse test batteries to determine level of client risk factors
and prevalent treatment concerns. Administered urine analysis and submitted client case
summaries and status reports to the court to report on client progress and program
participation. Attended mandatory trainings and weekly individual and group supervision
meetings. Provided individual, group and cognitive-behavioral counseling to women dealing
with drug and alcohol addictions. Led group activities. Maintained updated client case notes.
Worked with probation officers in developing treatment plan and client support. Professional
Experience 10/24- Present Want Moore with Dr. Moore: The Criminologist of the Bay Owner
and Operator A space to create and facilitate transformative learning in criminal justice,
education and within the community, by providing a competent, informed and culturally
aware media platform to host progressive discussions, challenge ideals and move forward an
agenda that promotes fair, equal and protective services for all within the justice system.
Deputy Probation Officer, San Mateo County 9/04- 5/13 Probation Department Ensured that
adjudicated and convicted law violators released on probation adhered to orders of the
court. Issued probation violations, bench warrants and imposed client sanctions. Protected
the interest of the community by monitoring out of custody probationers. Utilized
department supported assessment tools to determine need and appropriate level of
supervision. Supervised juvenile and adult populations inclusive of the severely mentally ill;
convicted drug offenders mandated to complete counseling; juveniles removed and returned
to the home; and first-time offenders on local high school campuses. Coordinated and
facilitated meetings, worked with different community agencies and incorporated a wrap-
around treatment modality. Responded to crisis situations, attend emergency family
meetings and provide case management.
Talia Moore
Would you like to be considered for appointment to other advisory bodies for
which you may be qualified?
Yes No
Do you have any obligations that might affect your attendance at scheduled
meetings?
Yes No
If Yes, please explain:
Are you currently or have you ever been appointed to a Contra Costa County
advisory board?
Yes No
If Yes, please list the Contra Costa County advisory board(s) on which you are
currently serving:
If Yes, please also list the Contra Costa County advisory board(s) on which
you have previously served:
Alcohol and Other Drugs Advisory Board
List any volunteer or community experience, including any advisory boards
on which you have served.
American Psychological Association American Society of Criminology Coro Program Alumni
Association Contra Costa County Alcohol and Other Drugs Advisory Board Delta Sigma Theta
Sorority, Incorporated Girl Scouts of Northern California Golden Gate University Alumni
Association Board Parent Teacher Association University of California Alumni Association
University of California, Berkeley Lux Alumni Association
Conflict of Interest and Certification
Do you have a familial or financial relationship with a member of the Board of
Supervisors? (Please refer to the relationships listed under the "Important
Information" section below or Resolution No. 2021/234)
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants,
contracts, or other economic relationships?
Yes No
Talia Moore
If Yes, please identify the nature of the relationship:
Please Agree with the Following Statement
I CERTIFY that the statements made by me in this application are true,
complete, and correct to the best of my knowledge and belief, and are made
in good faith. I acknowledge and undersand that all information in this
application is publicly accessible. I understand that misstatements and/or
omissions of material fact may cause forfeiture of my rights to serve on a
board, committee, or commission in Contra Costa County.
I Agree
Important Information
1. This application and any attachments you provide to it is a public document and is
subject to the California Public Records Act (CA Government Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training
provided by Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: (1)
file a Statement of Economic Interest Form also known as a Form 700, and (2)
complete the State Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be
accessible by public transportation.
5. Meeting dates and times are subject to change and may occur up to two (2) days
per month.
6. Some boards, committees, or commissions may assign members to
subcommittees or work groups which may require an additional commitment of
time.
7. As indicated in Board Resolution 2021/234, a person will not be eligible for
appointment if he/she is related to a Board of Supervisors' member in any of the
following relationships:
(1) Mother, father, son, and daughter;
(2) Brother, sister, grandmother, grandfather, grandson, and granddaughter;
(3) Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
stepson, and stepdaughter;
(4) Registered domestic partner, pursuant to California Family Code section 297;
(5) The relatives, as defined in 1 and 2 above, for a registered domestic partner;
(6) Any person with whom a Board Member shares a financial interest as defined
in the Political Reform Act (Gov't Code §87103, Financial Interest), such as a
business partner or business associate.
Talia Moore
Talia Moore, Ed.D.
Education Argosy University American School of Professional Psychology,
San Francisco Bay Area
Alameda, CA
Educational Doctorate in Counseling Psychology
Forensic Psychology concentration
Completion Date: July 2013
Golden Gate University
San Francisco, CA
Master of Arts in Psychology
Marriage, Family and Children Counseling concentration
Completion Date: May 2005
University of California at Berkeley
Berkeley, CA
Bachelor of Arts in Social Welfare emphasis in Psychology
Minor: African-American Studies
Completion Date: December 2003
Teaching Experience
08/25- Present Adjunct Professor, California State University East Bay
Department of Criminal Justice
Instruct undergraduate students interested in
pursuing careers within the criminal justice field. Develop curriculum,
course assignments, lecture material and tests that promote learning,
ensure rigor and develop students’ understanding and overall learning
experience.
07/23- Present Associate Professor, Saint Mary’s College
Graduate Forensic Psychology Program
Instruct and mentor graduate students pursuing counseling and forensic
psychology degrees. Design and deliver curriculum aligned with program
learning objectives and professional standards. Evaluate student
performance and provide constructive feedback to support academic and
professional growth. Maintain academic rigor while ensuring course
material is relevant, evidence-based, and applicable to the field. Contribute
to program development by aligning coursework with evolving forensic
psychology practices.
08/18-05/23 Assistant Professor, Holy Names University
Undergraduate Criminology Program
Provided undergraduate and graduate students with pertinent information
regarding the juvenile and criminal justice system. Researched variance
among those engaged in criminal activities, identified criminogenic
factors, imparted academic and career knowledge regarding supervising,
interacting and being a part of the justice system. Created course material,
lectures and test that promote learning, ensured rigor and developed
students’ understanding and overall learning experience.
06/17-12/23 Psychology Adjunct Instructor, Chabot Community College
Introduced students to basic concepts and principles within the field of
psychology. Engaged with and instructed traditional and non-traditional
student learners. Developed course curriculum, tests materials, utilized
online learning modalities and facilitated in-class discussions to cultivate a
greater working knowledge of psychology. Created a safe environment
that encouraged student participation and fostered learning.
03/14- 06/17 Adjunct Professor, John F. Kennedy- Criminal Justice Leadership
College of Undergraduate Studies
Provide traditional and non-traditional student learners information
regarding various components of the criminal justice system to include
problem focused enforcement, community policing and community courts
and corrections. Utilize an e-learning format. Keep students connected
and engaged in the work. Demonstrate the importance of ethics, cultural
sensitivity, social justice and service to the community.
08/13- 12/23 Administration of Justice Adjunct Professor, Chabot Community
College
Provide traditional and non-traditional student learners with pertinent
criminal justice information. Develop course curriculum, tests materials
and facilitate in-class discussions to cultivate a greater working knowledge
of criminal justice for those interested in pursuing a degree in the field.
Facilitate learning in a safe environment and encourage student
participation. Incorporate on-line learning into class curriculum.
08/12- 09/16 Associate Faculty, University of Phoenix
Teach students from various educational and life backgrounds pertinent
information relating to law enforcement, psychology, social welfare and
behavioral science. Develop course curriculum, tests materials and
facilitate in-class discussions to cultivate a greater working knowledge for
those interested in pursuing careers in various mental health, law
enforcement and social welfare disciplines. Utilize online learning
materials and references.
9/10- 2/11 Adjunct Criminal Justice Instructor, Heald College
Facilitate learning to students. Provide real-world knowledge of the
criminal justice field. Develop lesson plans, test materials and grade
submitted work.
06/05-02/06 Parent Project Program Facilitator, San Mateo County Probation
Department
Provide structured parental support to aid in the rearing of strong-willed,
adjudged minors. Facilitate activity based sessions. Monitored and
maintain group cohesion and progress.
08/03-05/04 Parent Education Program Facilitator, San Mateo County Probation
Department
Devised curriculum geared towards educating parents of adjudged minors.
Researched relevant topics applicable to adolescent culture. Maintain
client case log and notify probation officers of progress.
Administrative Experience
07/23-Present Program Director, Saint Mary’s College
Forensic Psychology Graduate Program
Design and implement academic class plans and individualized programs
of study for graduate students. Conduct admissions interviews, evaluate
applicant qualifications, and participate in student selection. Monitor
student progress, provide academic advising, and respond to student
concerns with timely support. Develop curriculum and course lecture
materials, ensuring alignment with accreditation standards and academic
rigor. Recruit, hire, and supervise faculty, fostering professional growth
through responsive and supportive faculty development initiatives.
Oversee program quality assurance, assessment, and continuous
improvement to enhance student outcomes and program reputation.
11/24-06/25 Trauma Recovery Center Associate Director, Alameda County Family
Justice Center
Manage a clinical therapeutic team. Ensure all funding, practices,
treatment modalities and approaches, fall within the confines of the grant
requirements. Secure state reimbursement for services rendered. Facilitate
the allocation of therapeutic treatment in response to incidents of sexual
assault, domestic violence and human trafficking. Manage daily program
operations, develop program policy and procedures, conduct program
assessment and evaluation, manage fiscal administration, and participate
in strategic planning. Collect, review and analyze relevant data reflecting
work efforts within program, and provide statistical evaluations and
periodic grant updates to state funders and department leaders as needed.
05/23-11/24 Empowerment Associate Director, Alameda County Family Justice
Center
Utilize a trauma-informed perspective to direct the allocation of resources,
supports, and financial literacy education to survivors of domestic
violence and sexual assault. Participate in department-wide efforts to
mitigate gender-based violence and commercial sexual exploitation to
minors and those at risk of exploitation and harm. Manage daily program
operations, develop program policy and procedures, conduct program
assessment and evaluation, manage fiscal administration, and participate
in strategic planning. Collect, review and analyze relevant data reflecting
work efforts within facility, and provide statistical evaluations and
periodic grant updates as needed. Responsible for planning and
organizing day-to-day affairs and developing programming for clients and
the community.
08/20- 05/23 Graduate Program Advisor, Holy Names University
Counseling and Forensic Psychology Program
Advised graduate students on academic planning, program requirements,
and progression toward degree completion. Assisted in developing
individualized plans of study to ensure alignment with career and
academic goals. Participated in the admissions process, including
interviewing prospective students and evaluating program fit. Assessed
and responded to programmatic needs while supporting student success
and retention. Collaborated with faculty and administration to enhance the
overall academic experience within the program.
8/18- 5/23 Undergraduate Criminology Program Coordinator, Holy Names
University
Coordinated academic programming, course scheduling, and faculty
support for the undergraduate criminology program. Advised students on
degree requirements, career pathways, and academic resources to support
retention and success. Organized program events, workshops, and guest
lectures to enhance student engagement and experiential learning.
Maintained program records, tracked student progress, and supported
accreditation and assessment activities.
03/15- 09/16 Lead Faculty Area Chair, Securities and Criminal Justice College,
University of Phoenix, Bay Area Campus
Conducted faculty reviews and assessments, provided mentoring and
coaching to develop effective teaching methods. Performed faculty
consultation, certification and training. Reported to periodic, monthly and
weekly trainings and meetings. Provided support to adjunct faculty and
ensured that teaching practices adhered to institutional standards and
compliance requirements.
03/14- 09/16 Campus Faculty Assessment Liaison, University of Phoenix- Bay Area
Campus
Provided leadership and support in the implementation of student learning
outcome assessment initiatives. Informed faculty of assessment process,
data collection measures, outcomes and aided in the facilitation and
generation of ideas to benefit student learning and achievement.
Research Experience
06/14- 09/16 Research Fellow, University of Phoenix- Center for Workplace
Diversity
Under the supervision of a principal investigator, independently
researched criminal justice issues, disparities in education and access to
determine the correlation between these social deficits and recidivism.
Researched various models of probation utilized nationwide to determine
a best-practices approach for specific populations within the criminal
justice system.
Supervised Clinical
Experience
09/04- 08/05 Youth and Family Enrichment Services, Therapist Trainee
Provided therapeutic psycho-educational counseling to adolescents with
drug and alcohol abuse issues. Administered ASI assessment and other
substance abuse test batteries to determine level of client risk factors and
prevalent treatment concerns. Administered urine analysis and submitted
client case summaries and status reports to the court to report on client
progress and program participation. Attended mandatory trainings and
weekly individual and group supervision meetings. Provided individual,
group and cognitive-behavioral counseling to women dealing with drug
and alcohol addictions. Led group activities. Maintained updated client
case notes. Worked with probation officers in developing treatment plan
and client support.
Professional
Experience
10/24- Present Want Moore with Dr. Moore: The Criminologist of the Bay
Owner and Operator
A space to create and facilitate transformative learning in criminal justice,
education and within the community, by providing a competent, informed
and culturally aware media platform to host progressive discussions,
challenge ideals and move forward an agenda that promotes fair, equal and
protective services for all within the justice system.
Deputy Probation Officer, San Mateo County
9/04- 5/13 Probation Department
Ensured that adjudicated and convicted law violators released on
probation adhered to orders of the court. Issued probation violations,
bench warrants and imposed client sanctions. Protected the interest of the
community by monitoring out of custody probationers. Utilized
department supported assessment tools to determine need and appropriate
level of supervision. Supervised juvenile and adult populations inclusive
of the severely mentally ill; convicted drug offenders mandated to
complete counseling; juveniles removed and returned to the home; and
first-time offenders on local high school campuses. Coordinated and
facilitated meetings, worked with different community agencies and
incorporated a wrap-around treatment modality. Responded to crisis
situations, attend emergency family meetings and provide case
management.
11/01-09/04 Group Supervisor, San Mateo County Juvenile Probation Department
Provided temporary detention care of youth under the jurisdiction of the
juvenile court. Developed and offered therapeutic programming.
Maintained client case log. Ensured safety and security of detained
minors.
08/02-05/04 Home Supervision Officer, San Mateo County Probation Department
Supervised minors released from juvenile hall on probation. Made visits
to minors’ home and school and checked their academic progress and
attendance. Administered urine analysis.
08/03-02/04 Early Academic Outreach Program, Outreach Coordinator
Provided academic support to minority and underrepresented high school
students and prepared these students academically to meet State
Universities and University of California admission requirements.
08/01-05/02 “I Have a Dream” Mentoring Program, Program Coordinator
Coordinated an after-school, structured tutorial program for 7th and 8th
grade underprivileged, middle school students. Supervised ten mentors.
Facilitated monthly meetings and obtained student assessment reports
from teachers and mentors. Established strong working relationships with
teachers, parents and mentors.
Professional Presentations
March 2011 Spoken Word Event
Argosy University
December 2013 Faculty Scholarship Showcase
University of Phoenix
Specialized Treatment Courts: Are they more successful than traditional
courts for juvenile female probationers?
June 2014 Bay Area Authors Speak Out:
The World as Seen Through the Eyes of Black Authors
San Francisco Alumnae Chapter Delta Sigma Theta Sorority, Inc.
Discussion and Presentation of Poetry Book and Work
November 2014 Community Conversation on Law Enforcement – Know Your Rights
Forum
Berkeley Bay Area Alumnae Chapter Delta Sigma Theta Sorority, Inc.
February 2015 Faculty Scholarship Showcase
University of Phoenix
Transitional Age Youth to Opportunity Youth: Probation Best Practice
Methods.
February 2015 Know Your Rights Panel: Black History Month Panel and
Community Discussion
Chabot Community College
May 2016 Police Week Law Enforcement Symposium Panel Moderator
University of Phoenix, Bay Area Campus
September 2019 Dignity and Safety for All: Ending Mass Incarceration
Holy Names University
October 2020 Social Justice Info Series:
Understanding Systemic Racism and Privilege
Defunding the Police: What does that mean?
Prison Reform: COVID’s Impact on the Incarcerated
The Impact of Your Vote
Holy Names University
March 2021 Her-Story: Women’s History Month
Women Leaders in Law Enforcement and Business
Holy Names University
October 2021 Black and Blue: African American Law Enforcement Leadership
Holy Names University
November 2021 Undergraduate Research Symposium on Environmental Racism
Holy Names University
September 2022 Alameda County District Attorney Forum Host and Moderator
University of California, Berkeley
January 2025 Breaking the Chains: Human Trafficking Awareness Month Panel
Moderator
Alameda County District Attorney’s Office
March 2025 Overcoming Challenges Prevailing Against the Odds: Leaders in Law and
Enforcement Women’s History Month Panel Moderator
Saint Mary’s College
April 2025 Sexual Assault and Awareness Conference
Saint Mary’s College
April 2025 Understanding Trauma and Supporting Survivors
Rafiki Wellness Coalition Presentation
April 2025 Understanding Trauma: Supporting Case Managers and Care Providers
Serenity House Women’s Holistic Health
May 2025 Forensic Psychology in Practice: Advancing Justice and Equity in the
Legal System Co-facilitated 60-Minute Talk
Western Psychological Association 2025 Symposium
May 2025 Exploring Career Paths in Psychology and Counseling
Co-facilitated 60-Minute Talk
Western Psychological Association 2025 Symposium
Honors and Awards 2019 and 2021 CPSY Teacher of the Year Award, Holy Names University-
Graduate Psychology Counseling and Forensic Program
2015 Distinguished Faculty of the Year, University of Phoenix- Bay Area Campus,
Securities and Criminal Justice
Incentive Award Scholar, University of California, Berkeley
Affiliations American Psychological Association
American Society of Criminology
Coro Program Alumni Association
Contra Costa County Alcohol and Other Drugs Advisory Board
Delta Sigma Theta Sorority, Incorporated
Girl Scouts of Northern California
Golden Gate University Alumni Association Board
Parent Teacher Association
University of California Alumni Association
University of California, Berkeley Lux Alumni Association
Publications Doctoral Dissertation: Specialized Treatment Courts: Are they more
successful than traditional courts for juvenile female probationers?
Dawn of My Next Decade, 2011, Self-Published
References References and letters of recommendation available upon request.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4537 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT, in lieu of election, Sandra Speckman Kiefer to the Board of Trustees of Reclamation
District 2117 for a four-year term ending December 2029.
Attachments:1. Reclamation District 2117 Letter 2025
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Appointment to Reclamation District 2117
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT, in lieu of election, Sandra Speckman Kiefer to the Reclamation District 2117 Board of Trustees for
a four year term ending December 2029.
FISCAL IMPACT:
None.
BACKGROUND:
The Clerk of the Board of Supervisors received correspondence from Brett Baker, Secretary and Counsel for
Reclamation District 2117. On behalf of the Reclamation District, Mr. Baker has requested that the Board of
Supervisors make appointments to fill one seat on the District’s Board of Trustees. A nominating petition was
received by one individual, Sandra Speckman Kiefer. No petition requesting an election has been received. The
District requests that Sandra Speckman Kiefer be appointed to the Board of Trustees for a four-year term
ending December 2029.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominee to the Board of Trustees for Reclamation District 2117 would not be approved, and the
Board would have difficulty conducting business.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4538 Name:
Status:Type:Consent Item Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT, in lieu of election, Coleman Foley and Thomas Baldocchi, Jr. to the Board of Trustees of
Reclamation District 2065 for four-year terms ending December 2029.
Attachments:1. RD 2065 Letter 2025
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Click or tap here to enter text.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT, in lieu of election, Coleman Foley and Thomas Baldocchi, Jr. to the Reclamation District 2065
Board of Trustees for four-year terms beginning December 5, 2025 and ending December 7, 2029.
FISCAL IMPACT:
None.
BACKGROUND:
The Board of Supervisors received correspondence from Dante Nomellini, Jr., District Secretary and Attorney
for Reclamation District 2065, requesting appointment to the Board of Trustees of the District in lieu of
elections. Mr. Nomellini, Jr. reports that pursuant to the notice calling for nomination petitions for two
vacancies, no petitions were received and no petition requesting an election was presented to the District.
Therefore, the District requests that the Board of Supervisors appoint Coleman Foley and Thomas E.
Baldocchi, Jr. to four-year terms on the Board of Trustees of Reclamation District 2065 commencing December
5, 2025 and ending December 7, 2029.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2065 would not be approved, which
may hinder the Board of Trustees in achieving a quorum and conducting the District's business.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4539 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT, in lieu of election, David Bradshaw to the Board of Trustees of Reclamation District 2026
for a four-year term ending December 2029.
Attachments:
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Reclamation District 2026 Appointment
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT, in lieu of election, David Bradshaw to the Board of Trustees of Reclamation District 2026 for a four
year term ending December 2029.
FISCAL IMPACT:
None.
BACKGROUND:
The Clerk of the Board of Supervisors received correspondence from Pamela A. Forbus, Secretary/Attorney for
Reclamation District 2026. On behalf of the Reclamation District, Ms. Forbus has requested that the Board of
Supervisors make appointments to fill one seat on the District's Board of Trustees in lieu of election. A
nominating petition was filed by David Bradshaw for the office of Trustee. Subsequently, pursuant to Water
Code Section 50741 and 50742 the District published notice that no election would be held. Therefore, the
District requests that David Bradshaw be appointed to the Board of Trustees for a four-year term ending
December 2029, pursuant to Water Code section 50742.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2026 would not be approved, and the
District’s Board of Trustees would have difficulty conducting business.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4540 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT, in lieu of election, Russell E. Ryan to the Board of Trustees of Reclamation District 2025 for
a four-year term ending December 2029.
Attachments:
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Appointment to Reclamation District 2025
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT, in lieu of election, Russell E. Ryan to the Board of Trustees of Reclamation District 2025 for a four-
year term ending December 2029.
FISCAL IMPACT:
None.
BACKGROUND:
The Clerk of the Board of Supervisors received correspondence from Pamela A. Forbus, Secretary/Attorney for
Reclamation District 2025. On behalf of the Reclamation District, Ms. Forbus has requested that the Board of
Supervisors make appointments to fill one seat on the District's Board of Trustees in lieu of election. A
nominating petition was filed by Russell Ryan Bradshaw for the office of Trustee. Subsequently, pursuant to
Water Code Section 50741 and 50742 the District published notice that no election would be held. Therefore,
the District requests that Russell Ryan be appointed to the Board of Trustees for a four-year term ending
December 2029, pursuant to Water Code section 50742.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2025 would not be approved, and the
District’s Board of Trustees would have difficulty conducting business.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4541 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT, in lieu of election, Molly Ferrell and Emma Mendonsa to the Board of Trustees of
Reclamation District 2137 for terms ending December 2029 and December 2027, respectively.
Attachments:1. Reclamation District 2137 Letter
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Appointments to Reclamation District 2137
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT, in lieu of election, Molly Ferrell and Emma Mendonsa to the Board of Trustees of Reclamation
District 2137 for terms ending December 2029 and December 2027, respectively.
FISCAL IMPACT:
None.
BACKGROUND:
The Clerk of the Board of Supervisors received correspondence from Pamela A. Forbus, Secretary/Attorney for
Reclamation District 2137. On behalf of the Reclamation District, Ms. Forbus has requested that the Board of
Supervisors make appointments to fill two seats on the District's Board of Trustees in lieu of election. A
nominating petition was filed by Molly Ferrell and Emma Mendonsa for the office of Trustee. Subsequently,
pursuant to Water Code Section 50741 and 50742, the District published notice that no election would be held.
Therefore, the District requests that Molly Ferrell be appointed for a four-year term ending December 2029 and
Emma Mendonsa be appointed to a two-year term ending December 2027 on the Reclamation District 2137
Boad of Trustees, pursuant to Water Code section 50742.
CONSEQUENCE OF NEGATIVE ACTION:
The proposed nominees to the Board of Trustees for Reclamation District 2137 would not be approved, and the
District’s Board of Trustees would have difficulty conducting business.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4542 Name:
Status:Type:Consent Item Passed
File created:In control:10/27/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPOINT Vinoy Mereddy to the Board of Supervisors #1 seat on the Airport Land Use Commission to
complete the unexpired term ending on May 7, 2028, as recommended by the Internal Operations
Committee.
Attachments:1. Mereddy, Vinoy (ALUC) 08-06-25, 2. Airport Land Use Commission Roster 10.22.25, 3. Seeking
Airport Land Use Commission Member News Release (2025)
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Internal Operations Committee
Report Title:RECOMMENDATION FOR APPOINTMENT TO THE AIRPORT LAND USE
COMMISSION
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
APPOINT Vinoy Mereddy (Brentwood) to the Board of Supervisors #1 seat on the Airport Land Use
Commission to complete the unexpired term ending on May 7, 2028.
FISCAL IMPACT:
No fiscal impact. Airport Land Use Commissioners are not compensated.
BACKGROUND:
The Airport Land Use Commission (ALUC) plans for airport land use compatibility. ALUCs ensure safe airport
expansion and adopt measures to minimize public exposure to noise and safety hazards around airports. The
governing statutes are in Division 9, Part 1, Chapter 4, Article 3.5, Sections 21670 - 21679.5 of the California
Public Utilities Code (PUC).
An ALUC has the following powers and duties, per PUC Section 21674:
§Ensure compatible land uses around new and existing airports unless already incompatible.
§Coordinate planning at all levels to develop air transportation and protect public health, safety, and
welfare.
§Prepare and adopt an airport land use compatibility plan per Section 21675.
§Review plans, regulations, and actions of local agencies and airport operators per Section 21676.
The commission has no jurisdiction over airport operations. To fulfill its duties, the commission may adopt
relevant rules and regulations. The plan focuses on land uses near Buchanan Field Airport and Byron Airport.
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The ALUC consists of seven (7) members as follows: Two (2) appointees of the Board of Supervisors (BOS
No. 1 and BOS No. 2); Two (2) appointees of the Airport Manager (Airport Manager No. 1 and No. 2); one (1)
At-Large appointed by the balance of the ALUC; and Two (2) appointed by other local jurisdictions: one
member from Contiguous Jurisdictions and one member from Non-Contiguous jurisdictions (i.e., based on
proximity to the airport).
State Aeronautics sets four-year term limits. Each member serves four years until their successor is appointed
and qualified. The terms of the Board of Supervisors 1 and 2 seats expired and the incumbents indicated they
will not seek new terms.
Recruitment for the two vacant BOS seats began on September 26, 2025, with an application deadline of
October 17, 2025 (a span of three weeks). Only one application was submitted, from Vinoy Mereddy of
Brentwood. He was interviewed by the Internal Operations Committee during their regular meeting on October
27, 2025. The IOC recommends appointing Mr. Mereddy to the BOS#1 seat on the Commission.
CONSEQUENCE OF NEGATIVE ACTION:
If the recommendation is not approved, the Board of Supervisors will lack representation on the Airport Land
Use Commission.
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Submit Date: Aug 06, 2025
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone
Email Address
Employer Job Title
Contra Costa County Boards & Commissions
Application Form
Profile
District Locator Tool
Resident of Supervisorial District:
District 3
Length of Employment
15 years
Do you work in Contra Costa County?
Yes No
If Yes, in which District do you work?
3
How long have you lived or worked in Contra Costa County?
19 years
Are you a veteran of the U.S. Armed Forces?
Yes No
Board and Interest
Which Boards would you like to apply for?
Airport Land Use Commission: Archived
Vinoy C Mereddy
Brentwood CA 94513
HCL Software Sr Software Engineer
Vinoy C Mereddy
Seat Name
Have you ever attended a meeting of the advisory board for which you are
applying?
Yes No
If Yes, how many meetings have you attended?
Education
Select the option that applies to your high school education *
None of the above
College/ University A
Name of College Attended
Oklahoma City University
Degree Type / Course of Study / Major
Master of Sciences (Computer Sciences)
Degree Awarded?
Yes No
College/ University B
Name of College Attended
Bangalore University, India
Degree Type / Course of Study / Major
Bachelor of Computer Science and Engineering
Degree Awarded?
Yes No
College/ University C
Name of College Attended
Degree Type / Course of Study / Major
Degree Awarded?
Yes No
Vinoy C Mereddy
Upload a Resume
Other Trainings & Occupational Licenses
Other Training A
Certificate Awarded for Training?
Yes No
Other Training B
Certificate Awarded for Training?
Yes No
Occupational Licenses Completed:
Qualifications and Volunteer Experience
Please explain why you would like to serve on this particular board,
commitee, or commission.
I would like to contribute in any little way I can to help my fellow citizens and residents of our
county to make the services easily available so that they will greatly help them. It is my
passion to help the humanity and hope I get an opportunity to make a positive impact
through my service on the board, committee or commission of the Contra Costa County.
Describe your qualifications for this appointment. (NOTE: you may also
include a copy of your resume with this application)
I'm a strong community volunteer always looking for ways to help my fellow humanity. It is a
pleasure that cannot be paralleled when you know the help, guidance, pointers you provided
to someone, in a timely manner when they are looking for it, is priceless for them and
priceless for me too that I could be of help to them. I feel the responsibility more when
people call about the things I may not be able to help but they remember my name and
think it worthy of calling me with the hope that I may get them a contact I know who could
help them, even if I could not as I may not have expertise on that subject (like a medical
related question, for their relatives etc). I completed Masters in Computer Sciences from
Oklahoma City University couple of decades ago and working in Software field. But over the
years I realized helping people in need in what ever little way I can and taking some time out
from my weekly schedule for it has become essential part of my Life now and want to do this
on a bigger platform like at county level so that I get an opportunity to help lot more people
through my volunteering at county level. Thanks
Would you like to be considered for appointment to other advisory bodies for
which you may be qualified?
Yes No
Vinoy C Mereddy
Do you have any obligations that might affect your attendance at scheduled
meetings?
Yes No
If Yes, please explain:
Are you currently or have you ever been appointed to a Contra Costa County
advisory board?
Yes No
If Yes, please list the Contra Costa County advisory board(s) on which you are
currently serving:
Contra Costa Mosquito and Vector Control Board
If Yes, please also list the Contra Costa County advisory board(s) on which
you have previously served:
List any volunteer or community experience, including any advisory boards
on which you have served.
Currently volunteer from past 2 years at Contra Costa Mosquito and Vector Control Board.
Volunteering from past 7 years at Elementary school as part of Parent teacher club member
as Volunteer Co-ordinator. Have volunteered at High school's site council member from last
4 years. Have volunteered and helped 100s of people get into gardening and get good trees
for less price directly from the nurseries through fundraisers for school.
Conflict of Interest and Certification
Do you have a familial or financial relationship with a member of the Board of
Supervisors? (Please refer to the relationships listed under the "Important
Information" section below or Resolution No. 2021/234)
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants,
contracts, or other economic relationships?
Yes No
If Yes, please identify the nature of the relationship:
Vinoy C Mereddy
Please Agree with the Following Statement
I CERTIFY that the statements made by me in this application are true,
complete, and correct to the best of my knowledge and belief, and are made
in good faith. I acknowledge and undersand that all information in this
application is publicly accessible. I understand that misstatements and/or
omissions of material fact may cause forfeiture of my rights to serve on a
board, committee, or commission in Contra Costa County.
I Agree
Important Information
1. This application and any attachments you provide to it is a public document and is
subject to the California Public Records Act (CA Government Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training
provided by Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: (1)
file a Statement of Economic Interest Form also known as a Form 700, and (2)
complete the State Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be
accessible by public transportation.
5. Meeting dates and times are subject to change and may occur up to two (2) days
per month.
6. Some boards, committees, or commissions may assign members to
subcommittees or work groups which may require an additional commitment of
time.
7. As indicated in Board Resolution 2021/234, a person will not be eligible for
appointment if he/she is related to a Board of Supervisors' member in any of the
following relationships:
(1) Mother, father, son, and daughter;
(2) Brother, sister, grandmother, grandfather, grandson, and granddaughter;
(3) Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
stepson, and stepdaughter;
(4) Registered domestic partner, pursuant to California Family Code section 297;
(5) The relatives, as defined in 1 and 2 above, for a registered domestic partner;
(6) Any person with whom a Board Member shares a financial interest as defined
in the Political Reform Act (Gov't Code §87103, Financial Interest), such as a
business partner or business associate.
Vinoy C Mereddy
Position Name Start date End date City
At-Large Richard E Cunningham 5/2/2023 5/3/2027 Lafayette
Airport Managers Appointee 1 Geoff Logan 5/2/2023 5/1/2027 Walnut Creek
Airport Managers Appointee 2 Allison A Picard 11/29/2022 5/4/2026 Martinez
Appointee 1 of the Board of Supervisors Vacancy 5/7/2024 5/7/2028
Appointee 2 of the Board of Supervisors Vacancy 5/2/2023 5/2/2027
City Selection Committee (Contiguous)Carlyn Obringer 5/3/2022 5/4/2026
City Selection Committee (Non-Contiguous)Laura Hoffmeister 4/30/2024 5/1/2028
Airport Land Use Commission Roster
1
Contra Costa County
County Administrator’s Office • 1025 Escobar Street • Martinez, CA 94553 • www.contracosta.ca.gov
FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea
Tuesday, September 26, 2025 Phone: (925) 655-2056
Email: julie.enea@cao.cccounty.us
Would You Like To Serve On The
Contra Costa County Airport Land Use Commission?
Board of Supervisors Appointee 1 and 2
(Martinez, CA) – The County is seeking individuals who are interested in serving on Contra Costa
County’s Airport Land Use Commission (ALUC) as one of the Board of Supervisors Appointees
(two vacancies). The Commission’s role and responsibilities are to:
In accordance with the State Aeronautics Act (California Public Utilities Code Section
21001), provide for the orderly development of each public use airport in the County
and all areas surrounding these airports;
Protect public health, safety, and welfare by ensuring the orderly expansion of airports
and the adoption of land use measures that minimize the public's exposure to excessive
noise and safety hazards within areas around public-use airports;
Formulate land use policies that restrict the development of lands to ensure
compatibility with planned operations of public-use airports;
Review the general plans of local agencies for consistency with the Airport Land Use
Compatibility Plan; and
Review proposed modifications to airport master plans for consistency with the Airport
Land Use Compatibility Plan.
Commission members are expected to attend at least one meeting a month. Regular meetings
of the ALUC are held on the third Thursd ay of each month at 7:00 p.m. in the Zoning
Administrator Meeting Room at 30 Muir Road, Martinez, CA. Background study, occasional field
trips, and extra meetings are sometimes necessary. Members shall serve without
compensation.
2
There are seven members on the ALUC. The current vacancies occurred midterm and are for
two commissioners that represent and are appointed by the Board of Supervisors. During the
term of office, each member shall reside or work in Contra Costa County. Appointed members
are required to comply with the Conflict-of-Interest reporting requirements in State law.
Application forms are available at the Clerk of the Board of Supervisors by visiting the County
webpage at www.contracosta.ca.gov/3418 or by calling (925) 655-2000. Return completed
applications to the Clerk of the Board of Supervisors, 1025 Escobar Street, 1st Floor, Martinez,
CA 94553, or email with “ALUC BOS Appointee Application” in the subject line at
ClerkoftheBoard@cob.cccounty.us no later than 5:00 p.m. on Friday, October 17, 2025.
Applicants should plan to be available for public interviews via Zoom (televideo) on Monday, October 27,
2025 at 10:30 a.m..
For further information, please call Jamar Stamps, ALUC staff, with the Department of
Conservation & Development, Transportation Planning Division, at (925) 655-2917 or
jamar.stamps@dcd.cccounty.us.
# # #
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4543 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE the Bylaws of the Transitional Community Advisory Body for the African American Holistic
Wellness and Resource Hub.
Attachments:1. T-CAB Bylaws_11.4.25 (Final)
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Kendra Carr & Peter Kim, Co-Directors Office of Racial Equity and Social Justice
Report Title:Bylaws for the African American Holistic Wellness and Resource Hub
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE the Bylaws for the Transitional Community Advisory Body for African American Holistic Wellness
and Resource Hub.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
On August 12, 2025, the Board of Supervisors approved the final implementation plan for the African American
Holistic Wellness and Resource Hub. At the time, the Board of Supervisors approved the establishment of the
Transitional Community Advisory Body (T-CAB) for the African American Holistic Wellness and Resource
Hub (AAHWRH).
The T-CAB will support the AAHWRH development during Phase 1 by providing guidance to ORESJ in the
procurement of an independent lead entity who will oversee implementation and coordination. Similar to the
AAHWRH Feasibility Study Steering Committee, the T-CAB will be a community-led advisory body
comprised of thirteen (13) county residents that each possess personal and professional lived experiences that
reflect the needs, concerns and priorities of vulnerable African Americans in Contra Costa County.
The Transitional Community Advisory Body’s responsibilities will include:
·Review and provide feedback on eligibility and selection criteria for Implementation Lead entity
·Review and provide feedback on eligibility and selection criteria for Executive Director
·Review and provide feedback on eligibility and selection criteria for Board of Directors
·Review and provide feedback on eligibility and selection criteria for Community Council
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·Support outreach and recruitment efforts for interested and qualified candidates for all positions/roles
described above
To ensure there are no conflicts of interest, T-CAB members cannot have professional affiliations nor close
personal relationships with any organizations or persons interested in applying for and/or serving in any of the
above capacities. ORESJ will design a recruitment, application and selection process that includes an Equity
Committee interview and nomination of T-CAB finalists, which will then move to the Board of Supervisors for
final approval and appointment.
The T-CAB will remain in place until an independent 501(c)(3) nonprofit organization is created, an AAHWRH
Board of Directors is appointed, and a Community Council is established, after which the T-CAB will dissolve.
On August 25, 2025, a press release was issued announcing that applications were available for those seeking a
seat on the T-CAB. The application period closed on September 12, 2025, and 48 applications were received.
No applications from District 2 were received by the deadline.
At the September 22, 2025 meeting, the Equity Committee requested that ORESJ staff: 1) Reopen the
application process and recruit applicants from District 2, and 2) Request that each District Supervisor
recommend their top applicants to move forward to the T-CAB applicant process
On September 29, 2025, the Equity Committee reviewed the list of Supervisor recommendations and set an
October 6, 2025 Special Equity Committee meeting to interview the recommended applicants.
At the October 6th Equity Committee meeting, each applicant recommended by their District Supervisor was
interviewed, including one additional District 2 applicant/resident who applied when the application process
was reopened on September 22, 2025. The Equity Committee selected 13 members to recommend to the Board
of Supervisors for T-CAB appointment. The Board of Supervisors appointed the recommended 13 members at
the October 21, 2025 meeting.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the T-CAB will not have Bylaws to govern its operation.
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BYLAWS FOR THE AFRICAN AMERICAN HOLISTIC WELLNESS AND RESOURCE HUB AD HOC
TRANSITIONAL COMMUNITY ADVISORY BODY (T-CAB)
Contra Costa County
African American Holistic Wellness and Resource Hub
Ad Hoc Transitional Community Advisory Body (T-CAB)
BYLAWS
I. NAME
The name of this committee is the Contra Costa County African American Holistic
Wellness and Resource Hub Feasibility Study Ad Hoc Transitional Community
Advisory Body (“T-CAB”). The T-CAB is governed by the California Ralph M. Brown
Act (“Brown Act”) and the Contra Costa County Better Government ordinance
(“BGO”).
II. AUTHORITY
The T-CAB was established by the Contra Costa County Board of Supervisors
(“Board”) on August 12, 2025 and is governed by these bylaws. The purpose and
function of these bylaws are to provide structure and consistency around
governance of its members and the regulation of its affairs.
III. PURPOSE
The purpose of the T-CAB is to carry out the following tasks related to the
establishment of the African American Holistic Wellness and Resource Hub:
a. Review and provide feedback on eligibility and selection criteria for
Implementation Lead entity. The entity will coordinate the establishment
of the African American Holistic Wellness and Resource Hub, a network of
service provider partners.
b. Review and provide feedback on eligibility and selection criteria for the
Executive Director of the African American Wellness and Resource Hub.
The Executive Director will report to the Board of Directors and work
closely with the Community Council (see below).
c. Review and provide feedback on eligibility and selection criteria for
Board of Directors of the African American Holistic Wellness and
Resource Hub. It is anticipated that the Board of Directors will be
composed of thirteen (13) seats: six institutional seats and seven
community seats, with Directors committing to serve at least one two-
year term.
d. Review and provide feedback on eligibility and selection criteria for
Community Council. The Community Council will be an advisory body to
the Board of Directors and AAHWRH leadership on ongoing concerns and
issues within the local Black community and provide guidance around
community engagement, improved service delivery, and innovative
partnership opportunities.
e. Review and provide feedback on eligibility and selection criteria for rapid
response service providers. Rapid response service providers will deliver
direct services in collaboration with County services, while receiving
coordination support, technical assistance, and capacity building
opportunities from the contracted lead entity. Services will aim to expand
access to effective health and social service opportunities, strengthen
navigation and service linkage processes, and improve health and well-
being in African American and other vulnerable communities.
f. Support outreach and recruitment efforts for interested and qualified
candidates for all positions/roles described above
The T-CAB is a temporary advisory body with an anticipated timeline through
August 2026. The Equity Committee may make recommendations to extend the
timeline for this body’s work. It is intended that the T-CAB will sunset once the
Implementation Lead Entity is established and the Board of Directors and
Community Council are established.
IV. MEMBERSHIP
The T-CAB will be composed of thirteen (13) members that each possess personal
and professional lived experiences that reflect the needs, concerns and priorities of
vulnerable African Americans in Contra Costa County. There will be a balanced
representation of geographic, social, and cultural categories to ensure a broad and
diverse spectrum of perspectives are included in all T-CAB deliberations and
decision-making. All members of the T-CAB are appointed by and serve at the
pleasure of the Board.
The T-CAB shall select a Chair and Vice-Chair for purposes of officiating meetings.
The Chair shall preside at all meetings and shall proceed with the business of the
Advisory Body in a manner prescribed in these bylaws and in the Advisory Body
Handbook. If the Chair is not present at a meeting, the Vice Chair shall preside.
The T-CAB shall also have three (3) Alternate Members. Alternate Members are non-
voting members of the T-CAB appointed by the Board of Supervisors that have all
the duties, rights, and responsibilities of other Appointed Members, except voting
privileges and they do not count towards a quorum. The Chair may designate an
Alternate Member to represent an absent Member. When an Alternate Member is
designated to represent an absent Member, the Alternate Member has all the duties,
rights, and responsibilities of the member they represent, including voting
privileges and counting towards a quorum. The Alternate Member’s designation to
represent an absent Member shall apply only for the duration of the specific T-CAB
meeting in which such designation occurs. In filling an unscheduled vacancy of a
Member, preference shall be given to any Alternate Member with a consistent
record of meeting attendance and participation.
The T-CAB may establish volunteer ad hoc working groups, comprised of fewer
members than a quorum, in order to secure specific areas of expertise necessary to
meet the objectives of the T-CAB.
V. CONFLICT OF INTEREST
To ensure there are no conflicts of interest, T-CAB members cannot have
professional affiliations or close personal relationships with, or financial interests in
any organizations or persons applying for and/or serving in any of the following
capacities for the African American Holistic Wellness and Resource Hub:
Implementation Lead Entity, Executive Director, Board of Directors and Community
Council. No member shall participate as a member in any discussion or voting if
doing so would constitute a perceived or actual conflict of interest, and in
accordance with the California Political Reform Act of 1974 and Government Code
section 1090 et seq.
Whenever a member has a personal or financial interest in any matter coming
before the T-CAB, the member shall ensure that:
a. The interest of such member is fully and publicly disclosed to the T-CAB; and
b. The member is recused from discussing and voting on the matter after public
identification of the conflict of interest has been provided.
No interested member may vote on or discuss the matter or be counted in
determining the existence of a quorum at the meeting of the T-CAB at which such
matter is voted upon. Any transaction in which a member has a personal or financial
interest shall be duly approved by remaining members of the T-CAB not so
interested or connected as being in the best interests of the T-CAB.
VI. QUORUM, VOTING AND DECISION-MAKING
All members will have an equal voice in the decision-making process. Each member
is entitled to one vote.
a. A quorum is established when seven (7) of the thirteen (13) T-CAB
members are present.
b. A vote of action approved by a majority of the T-CAB members present,
unless otherwise specified herein, is required for the adoption of any
option, resolution or order and to take any other action deemed
appropriate to carry forward the objectives of the T-CAB.
VII. RESIGNATION
A member may resign from the T-CAB at any time by submitting written notice to
the County staff (“Staff”) at the Office of Racial Equity and Social Justice, which has
been appointed by the Board to manage and support the T-CAB. The resignation will
be effective upon receipt of the written request. Staff shall notify the Board as soon
as possible regarding the vacancy.
VIII. FILLING VACANCIES
Vacancies will be filled as soon as practicable in accordance with Contra Costa
County policies and procedures regarding filling commission vacancies.
a. In the case of resignations and vacancies, the T-CAB is able to continue in its
role and function as long as a quorum of seven (7) members is met; staff will
work with all due diligence to fill the vacancy as soon as possible by working
with the Equity Committee and the Board in identifying a replacement, while
keeping the T-CAB apprised of progress with regular updates.
IX. MEETINGS AND ATTENDANCE
Members of the T-CAB shall attempt with all due diligence to attend all meetings. If
any member of the Committee is unable to attend, they must make reasonable
efforts to notify Staff prior to the meeting.
a. T-CAB meetings will take place at a mutually agreed upon date and time, and
will take place at the County Administration Building B at 1026 Escobar
Street, Martinez, CA 94553, and may take place at other publicly accessible
locations posted on the agenda. If a quorum is not available for a regular
meeting, Staff may approve the cancellation of that meeting.
b. Additional remote meeting locations throughout the County may be
designated, as permitted by the Brown Act and approved by the Board.
Regardless of the number of locations for any given meeting, a quorum of the
T-CAB (i.e., 7 members) must participate at all meeting locations in
accordance with applicable state law.
c. The Brown Act permits individual members of the T-CAB to participate in
committee meetings by teleconference for “just cause” or due to “emergency
circumstances” when certain requirements are met. If any member must
attend a meeting virtually (i.e., via Zoom) for a “just cause” or “emergency
circumstance” reason, that member must notify Staff prior to the meeting.
Members can use this option up to two times throughout the year. If a
committee meeting takes place at multiple locations and less than quorum
(i.e., 7 members) is at a single location, then no member will be able to use
“just cause” or “emergency circumstance" and participate virtually.
X. AGENDA, ADDING ITEMS, URGENCY ITEMS, ORDER OF BUSINESS
The agenda and agenda packet for regularly scheduled meetings will be posted on
the County’s website and announced and shared via email 96 hours in advance of
each meeting. The agenda and agenda packet will also be available for public
viewing during the meeting. At a minimum, the agenda must contain the date, time,
and locations of the meeting and the items of business to be considered.
a. Members may add subjects for inclusion in the agenda so long as they notify
the Chair at least one week prior to the meeting. Those subjects will be added
to the agenda accordingly by Staff in consultation with the Chair, either as
items that require discussion and action/approval or as informational items
for review and acceptance.
b. A typical Order of Business at all regular meetings of the T-CAB will include:
§ Welcome/Roll Call
§ Public Comment
§ Approval of previous meetings notes (i.e. “Record of Action”)
§ Discussion of items for action/approval
§ Review and acceptance of informational items
§ Miscellaneous items
§ Board of Directors and Community Council Transition Update
§ Funding Allocation Review
§ Confirmation of next meeting logistics
§ Adjournment
XI. PUBLIC PARTICIPATION
All regular meetings of the T-CAB shall be open to the public in accordance with the
Brown Act and BGO. Members of the public may address the T-CAB during public
comment portions of the meeting agenda.
a. Public comment is limited to two (2) minutes per speaker unless an
extension is granted by the Chair. If a speaker requires language translation,
whether provided by the County or by the speaker, an additional 3 minutes
will be given.
XII. COMPENSATION
Members volunteer to serve on the T-CAB. Members will not receive any
compensation for their service.
XIII. COUNTY STAFF SUPPORT
To the extent possible, Staff will provide technical and administrative support to the
T-CAB.
a. Such support may include serving as secretary of the T-CAB, keeping
accurate and sufficient records of all proceedings; receiving and
transmitting all correspondences; maintaining files for all reports, and
such other duties as are usually incidental to the staff.
b. Staff will keep a record of action of each meeting and offer them for the T-
CAB’s approval at a subsequent meeting.
c. Staff will reserve meeting locations and ensure that adequate facilities are
provided and in compliance with the Brown Act and BGO, inclusive of all
amendments.
XIV. AMENDMENT OF BYLAWS
These bylaws may be amended based on the recommendation of the T-CAB and
subject to the approval of the Equity Committee and the Board. Written notice of
proposed amendments will be submitted to all members of the T-CAB at least one
week prior to the meeting at which the proposed amendment will be considered.
Written notice of the proposed amendment is not required if the proposed
amendment is submitted to the T-CAB at a regular meeting prior to the meeting at
which the amendment is considered.
a. Amendments require an affirmative vote of seven (7) members of the T-
CAB.
ADOPTION AND CERTIFICATION
The above bylaws were approved by the Board on _______, 2025.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4544 Name:
Status:Type:Consent Item Passed
File created:In control:9/30/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE update to policy governing County expenditures for annual Board of Supervisors hosted
commemorative events, as recommended by the County Administrator.
Attachments:
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Update to Policy Governing County Expenditures for Annual Board of Supervisors-Hosted
Commemorative Celebrations
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.APPROVE the addition of International Women’s Day and the Contra Costa County Block Party to the
list of annual Board of Supervisors-hosted commemorative celebrations authorized under existing
policy.
2.AUTHORIZE the Auditor-Controller to pay up to $6,500 per event for eligible expenses incurred by
the staff committees convened by the County Administrator to organize these events.
3.AUTHORIZE County Department Heads to donate, and those serving as Event Committee
Chairpersons to accept, voluntary contributions, including outside donations for these events, in
compliance with Administrative Bulletin 117.
4.DIRECT the County Administrator to update the Administrative Bulletin operationalizing this Board
policy for use by County staff committees coordinating each authorized event, and delegate authority to
the County Administrator to increase the maximum expenditure rate per event, as needed, through the
annual budget development process.
FISCAL IMPACT:
Up to $6,500 per event, 100% General Fund. Costs may be supplemented by private donations, special revenue
funds, and the County General Fund. Each event will continue to be authorized the same $6,500 budget to
ensure equity.
BACKGROUND:
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On May 23, 2023 (Agenda Item C.75), the Board approved a policy governing County expenditures to plan and
conduct annual Board-hosted commemorative celebrations. That action authorized the Dr. Martin Luther King,
Jr. Commemorative Celebration, the Cesar Chavez Commemorative Celebration, the Veterans Day
Recognition, and the Asian American and Native Hawaiian/Pacific Islander (AANHPI) Heritage Celebration.
To further advance the County’s commitment to equity, inclusion, and community engagement, staff now
recommend expanding the policy to formally add International Women’s Day and the Contra Costa County
Block Party to the list of authorized annual events.
Event committees, chaired by County Department Heads and composed of staff volunteers, will continue to
plan and execute these events. Typical expenditures include promotional materials, food, decorations, speakers,
music, and custodial services, generally not exceeding $6,500 per event.
This update reaffirms the Board’s commitment to hosting commemorative celebrations, extends the list of
annual events, and maintains the established $6,500 expenditure authority per event.
CONSEQUENCE OF NEGATIVE ACTION:
Without this update, International Women’s Day and the Contra Costa County Block Party will not be included
in the authorized list of annual commemorative celebrations, preventing Department Heads from securing
resources and the Auditor-Controller from processing event expenses.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:225-4545 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:DECLARE a vacancy in the District 3 seat on the Emergency Medical Care Committee for a term
ending September 30, 2026, and DIRECT the Clerk of the Board to post the vacancy, as
recommended by Supervisor Burgis.
Attachments:1. Vacancy Notice
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 2 Pass
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Report Title:DECLARE VACANT District 3 seat on the Emergency Medical Care Committee held by Nina
Silva, as recommended by Supervisor Diane Burgis.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
DECLARE VACANT District 3 seat on the Emergency Medical Care Committee held by Nina Silva, as
recommended by Supervisor Diane Burgis.
FISCAL IMPACT:
None.
BACKGROUND:
Current appointment unable to fill obligation.
CONSEQUENCE OF NEGATIVE ACTION:
None.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4546 Name:
Status:Type:Consent Item Passed
File created:In control:9/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:REAPPOINT Supervisor John Gioia as the Board of Supervisors representative and reappoint
Supervisor Diane Burgis as the Board's alternate representative on the California State Association of
Counties' Board of Directors to new terms beginning November 30, 2025 and ending on November
29, 2026, as recommended by Supervisor Andersen.
Attachments:
Action ByDate Action ResultVer.Tally
approvedBOARD OF SUPERVISORS11/4/2025 1 Pass
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:APPOINTMENTS TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES BOARD
OF DIRECTORS
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
REAPPOINT Supervisor John Gioia as the Board of Supervisors' representative and Supervisor Diane Burgis
as the Board's alternate representative on the California State Association of Counties (CSAC) Board of
Directors to new terms beginning on November 30, 2025 and ending on November 29, 2026.
FISCAL IMPACT:
The recommendation results in no fiscal impact to the County. CSAC board members are paid no stipend.
BACKGROUND:
The terms of office for the CSAC Board of Directors seat and its Alternate will expire on November 30, 2025.
The primary purpose of CSAC is to represent county government before the California Legislature,
administrative agencies and the federal government. CSAC places a strong emphasis on educating the public
about the value and need for county programs and services. CSAC’s long-term objective is to significantly
improve the fiscal health of all California counties so they can adequately meet the demand for vital public
programs and services. All 58 California counties are dues-paying members of the association. Under
provisions of the CSAC Constitution, members of the Board of Directors and alternates are nominated by their
respective boards of supervisors and appointed by the CSAC Executive Committee to a one-year term of office
commencing with the first day of the CSAC annual conference.
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This year, that conference will begin on Monday, December 1, 2025. Any member of the Board of Supervisors
is eligible for the directorship. CSAC holds two annual meetings for its membership: the Spring Legislative
Conference in Sacramento and the Annual Meeting in November. CSAC's Board of Directors holds its first
meeting of each year at the association's annual conference. Thus, it is important that the Board of Supervisors
send its newly appointed board representative to this first meeting. The new Board of Directors will meet at the
annual conference, first by caucus (urban, suburban, and rural) to nominate CSAC officers and Executive
Committee members, and again as a full Board to elect the 2026 Executive Committee and to conduct other
business. Under the CSAC Constitution, Executive Committee members are elected from the membership of
the Board of Directors.
CONSEQUENCE OF NEGATIVE ACTION:
If no appointments are made prior to the 2025 CSAC Conference, Contra Costa County will not have
representation on the Board of Directors.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4547 Name:
Status:Type:Consent Item Passed
File created:In control:10/28/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Auditor-Controller to remit additional payment to Konnech, Inc.,
increasing the payment limit by $142,592 to a new payment limit of $250,000 with no change in the
term through February 20, 2026, for software licensing, maintenance, and support of the poll worker
scheduling and polling place procurement application, as recommended by the Clerk-Recorder.
(100% State funds)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Kristin Connelly, Clerk-Recorder
Report Title:Increase Payment Limit for Contract with Konnech Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller to remit additional payment to Konnech, Inc., increasing
the authorized payment limit by $142,592 to a new payment limit of $250,000 with no change in the term
through February 20, 2026, for software licensing, maintenance, and support of the poll worker scheduling and
polling place procurement application.
FISCAL IMPACT:
These costs are within the Department’s operating budget and will be reimbursed by California Secretary of
State, offsetting any General Fund impact.
BACKGROUND:
The Department contracted with Konnech, Inc., on January 12, 2018 to provide licensing, maintenance, and
support of the PollChief application. This application is used to contact and schedule upwards of 1,200
volunteer pollworkers every election cycle, as well as assist in contact and procurement of 146 polling places
for Election Day, 5 Regional Early Voting Sites, and numerous pollworker training rooms ahead of each
election.
The contract amendment provides that Konnech will indemnify the County for any and all claims for any death
or injury to persons or property arising from the services provided under the Agreement that are caused by the
negligence or willful misconduct of Konnech. However, Konnech will not indemnify the County for the
proportion of liability a court determines is attributable to the negligence or willful misconduct of the County.
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The Department requires additional funds to be authorized for services rendered by Konnech Inc. over the
remainder of this agreement’s term.
CONSEQUENCE OF NEGATIVE ACTION:
The Department may incur significant costs in developing and executing contingency processes to perform
operations without continuing the services rendered by Konnech Inc.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
383
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:
Attachments:1. Trust Indenture (El Cerrito Plaza - Parcel A South), 4919-3546-4294_7, 2. Loan Agreement (El
Cerrito Plaza - Parcel A South), 4897-1353-2006_7, 3. Regulatory Agreement (ECP Parcel A South
Housing Partners, L.P.), 4930-9998-4488_3
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Bond Sale Resolution: Multifamily Housing Revenue Bonds - El Cerrito Plaza - Parcel A South
in El Cerrito
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a resolution authorizing the issuance of a multifamily housing revenue bond in one or more taxable or
tax-exempt series (“Bond”), including a tax-exempt series of the Bond designated as “County of Contra Costa,
California Multifamily Housing Revenue Bonds (El Cerrito Plaza - Parcel A South), 2025 Series A” in an
amount not to exceed $35,700,000, and a taxable series of the Bond designated as “County of Contra Costa,
California Multifamily Housing Revenue Bonds (El Cerrito Plaza - Parcel A South), 2025 Series B (Federally
Taxable)” in an amount not to exceed $10,000,000, to finance the acquisition and construction of a 70-unit
multifamily residential rental housing development known as El Cerrito Plaza - Parcel A South located at 515
Richmond Street in El Cerrito, California (the “Development”).
FIND and DECLARE that the recitals contained in the proposed resolution are true and correct .
APPROVE the form of, and AUTHORIZE the County to execute, the Trust Indenture between the County (the
“Issuer”) and U.S. Bank Trust Company, National Association (the “Trustee”)and authorizing the Issuer’s sale
of the Bond to JPMorgan Chase Bank, N.A., as the initial purchaser of the Bond,for the purpose of loaning the
proceeds to ECP Parcel A South Housing Partners, L.P., a California limited partnership (the “Borrower”).
APPROVE the form of, and AUTHORIZE the County to execute, the Loan Agreement among the County as
the Issuer, the Trustee, and the Borrower regarding the County loan of proceeds of the Bond to the Borrower.
APPROVE the form of, and AUTHORIZE the County to execute, the Regulatory Agreement and Declaration
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of Restrictive Covenants between the County and Borrower.
AUTHORIZE the issuance of the Bond by the County.
APPOINT Stradling Yocca & Rauth, LLP as bond counsel for the transaction.
ACKNOWLEDGE that adoption of this resolution does not relieve or exempt the project sponsor from
obtaining required permits or approvals, nor obligate the County to incur any obligation to provide financial
assistance with respect to the Bond or the Development.
AUTHORIZE and DIRECT the Designated Officers of the County, as defined in the resolution, to take any and
all actions and execute and deliver any and all certifications, agreements, and other documents needed in
connection with the Note.
FISCAL IMPACT:
No impact to the General Fund. At the closing for the Bond, the County will be reimbursed for any costs
incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring
units in the Development will be rented to low-income households will be paid using the County’s issuer fees
established in the documents for the Bond. The Bond will be solely secured by and payable from revenues (e.g.
Development rents, reserves, etc.) pledged under the Bond documents. No County funds are pledged to secure
the repayment of the Bond.
BACKGROUND:
The County, through the Department of Conservation and Development, operates a multifamily housing
revenue bond financing program. The purpose of the program is to increase or preserve the supply of
affordable rental housing available to low and very low-income households. The County program may be
undertaken within the unincorporated County and within the cities located in the County that have agreed to let
the County operate the program in their jurisdiction.
The recommended action is the adoption of the resolution by the Board of Supervisors (the “Board”), as the
legislative body of the County, conditionally providing for the issuance of a multifamily housing revenue note
or bond, in one or more taxable or tax-exempt series, the proceeds of which will be used to finance the
acquisition and construction of a residential housing development known as El Cerrito Plaza - Parcel A South,
(the “Development”).
The Development will consist of a six-story building which will include 69 one-, two-, and threebedroom low-
income and very low-income units affordable to households between 30-60% area median income (AMI), and
one manager's unit (70 total units). The Development meets the eligibility criteria for bond financing and
complies with the County policy for this program. The Development will be managed by Related Management
Company (or its affiliate or related entity). The Development will be constructed on property owned by BART
and ground leased to the Borrower (as defined below) for the purpose of enabling the Borrower to construct and
operate the Project as a Transit Oriented Development. The ownership and operating entity for the
Development will be ECP Parcel A South Housing Partners, L.P. (the “Borrower”), a California limited
partnership. The Development will be managed by Related Affordable Management, LLC.
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The County’s Department of Conservation and Development held a noticed public hearing on April 4, 2025, to
permit interested parties to comment on the proposed financing and the Development. No comments were
received from the public. The Board adopted Resolution No. 2025-117 on April 15, 2025, to authorize
proceeding with the issuance of the tax-exempt Bond for the Development pursuant to Section 147(f) of the
Internal Revenue Code. The Board previously adopted Resolution No. 2025-17 on January 21, 2025, as
required for the submittal of an application by the County for tax-exempt private activity bond authority from
the California Debt Limit Allocation Committee (CDLAC). On April 8, 2025, CDLAC awarded the County
authority to issue the tax-exempt Bond in a maximum principal amount of $35,700,000 through CDLAC’s
Resolution No. 25-151.
The structure of the financing will be one or more bonds (the term “bond” is interchangeable with “note” as
they both evidence a borrowing). The Bond will be purchased by JPMorgan Chase Bank, N.A. and the proceeds
of the sale will be loaned by the County to the Borrower to finance the acquisition and construction of the
Development. The loan will be assigned to US Bank Trust Company, National Association (the “Trustee”). The
transaction is expected to close on or about November 16, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would prevent the County from issuing the Bond in order to provide a loan to ECP Parcel A
South Housing Partners, L.P. to finance the acquisition and construction of the Development. Without the loan
to ECP Parcel A South Housing Partners, L.P., the Development will be delayed or possibly not be constructed.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF RESOLUTION NO. 2025/_383_____
RESOLUTION AUTHORIZING THE ISSUANCE OF A MULTIFAMILY HOUSING REVENUE
BOND IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $45,700,00 TO FINANCE THE ACQUSITION AND CONSTRUCTION OF THE EL
CERRITO PLAZA -PARCEL A SOUTH MULTIFAMILY RENTAL HOUSING PROJECT,AND
OTHER MATTERS RELATING THERETO
WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Chapter 7 of Part 5 of
Division 31 of the Health and Safety Code of the State of California (the “Act”) to issue bonds and notes for the
purpose of financing multifamily rental housing facilities; and
WHEREAS, ECP Parcel A South Housing Partners, L.P., a California limited partnership (the “Borrower”)
has requested that the County issue a multifamily housing revenue note or bond in one or more taxable or tax-
exempt series (the “Bond”) and loan the proceeds of the Bond to the Borrower to finance the acquisition and
construction by the Borrower of 70 units of residential rental housing located at 515 Richmond Street in the City of
El Cerrito, California (the “Development”); and
WHEREAS, on April 4, 2025, the Community Development Bond Program Manager of the County held a
public hearing on the proposed issuance of the Bond by the County for, and the financing, ownership and operation
of, the Development, as required under the provisions of the Internal Revenue Code (the “Code”) applicable to tax-
exempt obligations, following published notice of such hearing, and communicated to the Board of Supervisors of
the County all written and oral testimony received at the hearing; and
WHEREAS, on April 15, 2025, the Board of Supervisors of the County adopted Resolution No. 2025-117
authorizing the issuance of the Bond to finance the Development in satisfaction of public approval requirements of
the Code; and
WHEREAS, the California Debt Limit Allocation Committee adopted its Resolution No. 25-151 on April 8,
2025 allocating $35,700,000 of the State of California ceiling on private activity bonds for 2025 to the County for
the purpose of financing the Development; and
WHEREAS, in order to assist in the financing of the Development, the County has determined to issue the
Bond in one or more taxable or tax-exempt series, as authorized by the Act, and sell the Bond to JPMorgan Chase
Bank, N.A. (the “Bank”) pursuant to a Trust Indenture (the “Indenture”) between the County and U.S. Bank Trust
Company, National Association, as trustee (the “Trustee”), and to use the proceeds of the sale of the Bond to make
a loan to the Borrower pursuant to a loan agreement (the “Loan Agreement”) among the Trustee, the County and
the Borrower, with amounts due from the County to the Trustee under the Bond and the Indenture to be payable
solely from amounts paid by the Borrower under the Loan Agreement; and
WHEREAS, good faith estimates of certain information relating to the Bond is disclosed and set forth in
Exhibit A attached to this Resolution as required by California Government Code Section 5852.1; such estimates
were provided by the County’s municipal advisor, PFM Financial Advisors LLC, based on preliminary pricing
information provided by the Borrower; and
WHEREAS, there have been prepared various documents with respect to the issuance by the County of the
Bond, copies of which are on file with the Clerk of the Board, and the Board of Supervisors now desires to approve
the issuance of the Bond and the execution and delivery of such documents by the County; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed
precedent to and in connection with the issuance of the Bond as contemplated by this Resolution and the
documents referred to herein exist, have happened and have been performed in due time, form and manner as
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required by the laws of the State of California, including the Act.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as
follows:
Section 1.The Board of Supervisors hereby finds and declares that the foregoing recitals are true and
correct.
Section 2.Pursuant to the Act and the Indenture, the Bond designated as “County of Contra Costa,
California Multifamily Housing Revenue Bonds (El Cerrito Plaza - Parcel A South), 2025 Series A” is hereby
authorized to be issued in an aggregate principal amount not to exceed $35,700,000. The Bond shall be
executed by the manual or facsimile signature of the Chair of the Board of Supervisors (the “Chair”), in the
form set forth in and otherwise in accordance with the Indenture.
Notwithstanding the above, the Bond may be issued in one or more series, including a taxable series of the
Bond designated as “County of Contra Costa, California Multifamily Housing Revenue Bonds (El Cerrito
Plaza - Parcel A South), 2025 Series B (Federally Taxable)” (the “Taxable Series”), with the same parameters
as set forth above; provided that the tax-exempt series of the Bond shall not exceed $35,700,000 in an
aggregate principal amount. The Taxable Series shall be outstanding only during construction of the Project
and the aggregate principal amount of the Taxable Series shall not exceed $10,000,000.
Section 3.The Indenture between the County and the Trustee, in the form on file with the Clerk of the
Board, is hereby approved. Any one of the Chair of the Board of Supervisors, the Vice-Chair of the Board of
Supervisors, the County Administrator, the Director of the Department of Conservation and Development, the
Deputy Director of the Department of Conservation and Development and the Community Development Bond
Program Manager (collectively, the “Designated Officers”) is hereby authorized, for and in the name and on
behalf of the County, to execute and deliver the Indenture in said form, together with such additions thereto or
changes therein as are recommended or approved by the Designated Officer executing the Indenture upon
consultation with Bond Counsel to the County (including such additions or changes as are necessary or
advisable in accordance with Section 9 hereof, provided that no additions or changes shall authorize an
aggregate principal amount of the Bond in excess of the amount set forth in Section 2 above), the approval of
such additions or changes to be conclusively evidenced by the execution and delivery of the Indenture by the
County. The date, maturity date, interest rate or rates, privileges, manner of execution, place of payment,
terms of redemption and other terms of the Bond shall be as provided in the Indenture as finally executed.
Section 4.The Loan Agreement among the Trustee, the County and the Borrower, in the form on file with
the Clerk of the Board, is hereby approved. Any one of the Designated Officers is hereby authorized to
execute and deliver the Loan Agreement in said form, together with such additions thereto or changes therein
as are recommended or approved by the Designated Officer executing the Loan Agreement upon consultation
with Bond Counsel to the County (including such additions or changes as are necessary or advisable in
accordance with Section 9 hereof), the approval of such changes to be conclusively evidenced by the
execution and delivery of the Loan Agreement by the County.
Section 5.The regulatory agreement and declaration of restrictive covenants between the County and the
Borrower (the “Regulatory Agreement”), in the form on file with the Clerk of the Board, is hereby approved.
Any one of the Designated Officers is hereby authorized, for and in the name and on behalf of the County, to
execute and deliver the Regulatory Agreement in said form, together with such additions thereto or changes
therein as are recommended or approved by the Designated Officer executing the Regulatory Agreement upon
consultation with Bond Counsel to the County (including such additions or changes as are necessary or
advisable in accordance with Section 9 hereof), the approval of such additions or changes to be conclusively
evidenced by the execution and delivery of the Regulatory Agreement by the County.
Section 6.The Bond, when executed, shall be delivered by the Trustee to the Bank (as the initial purchaser
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of the Bond), in accordance with written instructions executed on behalf of the County by any one of the
Designated Officers of the County, which instructions said officers are hereby authorized, for and in the name
and behalf of the County, to execute and deliver. Such instructions shall provide for the delivery of the Bond
by the Trustee to the Bank upon the funding by the Bank of the purchase price of the Bond as described in the
Indenture.
Section 7.With the passage of this Resolution, the County hereby confirms that it has adopted a Debt
Management Policy and certifies that such Debt Management Policy complies with Government Code Section
8855(i), and that the County’s financing described in this Resolution and its obligations under the Indenture
and the Bond as contemplated by this Resolution is in compliance with the Debt Management Policy, and to
the extent the sale and issuance of the Bond and the execution and delivery of the Indenture is not in
compliance with the County’s Debt Management Policy, such noncompliance is waived in accordance with the
terms of the County’s Debt Management Policy. The County hereby instructs Stradling Yocca Carlson &
Rauth LLP, as Bond Counsel, on behalf of the County, with respect to the Bond described in this Resolution,
(a) to cause notices of the proposed sale and final sale of the Bond to be filed in a timely manner with the
California Debt and Investment Advisory Commission pursuant to Government Code Section 8855, and (b) to
check, on behalf of the County, the “Yes” box relating to such certifications in the notice of proposed sale filed
pursuant to Government Code Section 8855 and ratifies such action if taken prior to the date hereof.
Section 8.The law firm of Stradling Yocca Carlson & Rauth LLP is hereby designated as Bond Counsel to
the County for the Bond. The fees and expenses of such firm for matters related to the Bond shall be payable
solely from the proceeds of the Bond or contributions by the Borrower.
Section 9.All actions heretofore taken by the officers and agents of the County with respect to the issuance
of the Bond are hereby approved, confirmed and ratified, and the proper officers of the County, including the
Designated Officers, are hereby authorized and directed, for and in the name and on behalf of the County, to
do any and all things and take any and all actions and execute any and all certificates, agreements and other
documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful
issuance and delivery of the Bond in accordance with this Resolution, including but not limited to
subordination agreements providing for the seniority of the covenants and affordability restrictions in the
Regulatory Agreement and any other certificates, agreements and documents described in the Indenture, the
Loan Agreement or the Regulatory Agreement, or otherwise necessary to issue the Bond and consummate the
transactions contemplated by the documents approved by this Resolution.
Section 10.This Resolution shall take effect upon its adoption.
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: November 4, 2025
Monica Nino, Clerk of the Board of Supervisors and County Administrator
By_______________________________Deputy Clerk
EXHIBIT A
PUBLIC DISCLOSURES RELATING TO CONDUIT REVENUE OBLIGATIONS
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Pursuant to California Government Code Section 5852.1, the borrower (the “Borrower”) identified
below has provided the following required information to the County of Contra Costa (the “County”) prior to
the County’s regular meeting (the “Meeting”) of its Board of Supervisors (the “Board”) at which Meeting the
Board will consider the authorization of a conduit revenue Bond as identified below.
1.Name of Borrower: ECP Parcel A South Housing Partners, L.P.
2.Board of Supervisors Meeting Date: November 4, 2025
3.Name of Bond Issue / Conduit Revenue Obligations: County of Contra Costa, California Multifamily
Housing Revenue Bonds (El Cerrito Plaza - Parcel A South), 2025 Series A and County of Contra Costa,
California Multifamily Housing Revenue Bonds (El Cerrito Plaza - Parcel A South), 2025 Series B (Federally
Taxable)
4.___ Private Placement Lender or ___ Bond Purchaser, ___ Underwriter or __X_ Financial Advisor
(mark one) engaged by the Borrower from which the Borrower obtained the following required good faith
estimates relating to the Bond:
a.The true interest cost of the Bond, which means the rate necessary to discount the amounts
payable on the respective principal and interest payment dates to the purchase price received for the new
issue of the Bond (to the nearest ten-thousandth of one percent): 6.824%
b.estimated finance charges of the Bond, which means the sum of all fees and charges paid to third
parties: $622,120
c.The amount of proceeds received, or deemed received, by the public body for sale of the Bond
less the finance charges of such Bond described in subparagraph (B) and any reserves or capitalized
interest paid or funded with proceeds of such Bond: $38,766,452
d.The total payment amount, which means the sum of all payments the Borrower will make to pay
debt service on the Bond plus the finance charges of the Bond described in subparagraph (B) not paid
with the proceeds of such Bond (which total payment amount shall be calculated to the final maturity of
such Bond): $47,213,321
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4919-3546-4294v7/200936-0007
COUNTY OF CONTRA COSTA, CALIFORNIA,
as Issuer
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
as Trustee
TRUST INDENTURE
Dated as of November 1, 2025
Relating to
$[35,700,000]
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series A
$____________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series B (Federally Taxable)
TABLE OF CONTENTS
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ARTICLE I
DEFINITIONS AND CONSTRUCTION
Section 1.01 Definitions ................................................................................................................. 3
Section 1.02 Construction ............................................................................................................. 14
ARTICLE II
REPRESENTATIONS AND COVENANTS OF THE ISSUER
Section 2.01 Representations by the Issuer .................................................................................. 14
Section 2.02 Covenants of the Issuer ............................................................................................ 15
ARTICLE III
AUTHORIZATION AND ISSUANCE OF BONDS
Section 3.01 Authorization of Bonds ............................................................................................ 16
Section 3.02 Conditions Precedent to Authentication and Delivery of Bonds ............................. 17
Section 3.03 Registered Bonds ..................................................................................................... 18
Section 3.04 Loss, Theft, Destruction or Mutilation of Bonds ..................................................... 18
Section 3.05 Terms of Bonds Generally ....................................................................................... 18
Section 3.06 Interest on the Bonds ............................................................................................... 19
Section 3.07 Payment of Principal of and Interest on the Bonds ................................................. 20
Section 3.08 Execution and Authentication of Bonds .................................................................. 20
Section 3.09 Negotiability, Transfer and Registry of Bonds ........................................................ 21
Section 3.10 Ownership of Bonds ................................................................................................ 22
Section 3.11 Payments on Bonds Due on Non-Business Days .................................................... 22
Section 3.12 Registration of Bonds in the Book-Entry Only System ........................................... 23
ARTICLE IV
REDEMPTION OF BONDS
Section 4.01 Mandatory Redemption ........................................................................................... 24
Section 4.02 Redemption Price of Bonds Redeemed Pursuant to Mandatory Redemption ......... 25
Section 4.03 Optional Redemption ............................................................................................... 25
Section 4.04 [Reserved] ................................................................................................................ 25
Section 4.05 Notice of Redemption .............................................................................................. 26
Section 4.06 Selection of Bonds To Be Redeemed ...................................................................... 26
Section 4.07 Partial Redemption of Registered Bonds ................................................................. 26
ARTICLE V
ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS, APPLICATION THEREOF AND
SECURITY THEREFOR
Section 5.01 Establishment of Funds and Accounts; Application of Proceeds of the
Bonds; and Other Amounts ..................................................................................... 27
Section 5.02 Project Fund ............................................................................................................. 28
Section 5.03 Use of Moneys Following Completion .................................................................... 28
Section 5.04 Condemnation Awards and Insurance Proceeds ...................................................... 29
Section 5.05 Tax and Insurance Fund; Replacement Reserve; Operating Reserve ...................... 29
Section 5.06 Revenue Fund .......................................................................................................... 29
TABLE OF CONTENTS
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Section 5.07 Rebate Fund ............................................................................................................. 30
Section 5.08 Moneys Held in Trust; Investment of Moneys ........................................................ 32
Section 5.09 Investment Earnings ................................................................................................ 33
Section 5.10 Covenants Respecting Arbitrage and Rebate........................................................... 33
Section 5.11 Records .................................................................................................................... 33
Section 5.12 Reports From the Trustee ........................................................................................ 33
ARTICLE VI
DEFAULT PROVISIONS; REMEDIES
Section 6.01 Events of Default ..................................................................................................... 34
Section 6.02 Remedies.................................................................................................................. 35
Section 6.03 Additional Remedies and Enforcement of Remedies .............................................. 35
Section 6.04 Application of Revenues and Other Moneys After Default .................................... 35
Section 6.05 Remedies Not Exclusive .......................................................................................... 37
Section 6.06 Remedies Vested in Trustee and Servicer ............................................................... 37
Section 6.07 Individual Bond Owners Action Restricted ............................................................. 37
Section 6.08 Termination of Proceedings ..................................................................................... 37
Section 6.09 Waiver and Non-Waiver of Event of Default .......................................................... 37
Section 6.10 Servicer Controls Proceedings ................................................................................. 38
ARTICLE VII
CONCERNING THE TRUSTEE
Section 7.01 Trustee; Appointment and Acceptance of Duties .................................................... 38
Section 7.02 Responsibilities of Trustee ...................................................................................... 38
Section 7.03 Evidence on Which Trustee May Act ...................................................................... 40
Section 7.04 Compensation .......................................................................................................... 41
Section 7.05 Certain Permitted Acts ............................................................................................. 41
Section 7.06 Resignation of Trustee ............................................................................................. 41
Section 7.07 Removal of Trustee .................................................................................................. 41
Section 7.08 Appointment of Successor Trustee; Temporary Trustee ......................................... 41
Section 7.09 Transfer of Rights and Property to Successor Trustee ............................................ 41
Section 7.10 Merger or Consolidation of Trustee......................................................................... 42
Section 7.11 Servicer .................................................................................................................... 42
ARTICLE VIII
AMENDMENTS AND SUPPLEMENTAL INDENTURES; AMENDMENTS OF ISSUER
DOCUMENTS
Section 8.01 Supplemental Indentures Not Requiring Consent of Owners of Bonds .................. 42
Section 8.02 Supplemental Indentures Requiring Consent of Owners of Bonds ......................... 43
Section 8.03 Reliance on Opinion of Counsel .............................................................................. 43
Section 8.04 Consents Required ................................................................................................... 44
Section 8.05 Amendments of Loan Documents Not Requiring Consent of Owners of
Bonds ....................................................................................................................... 44
Section 8.06 Amendments of Loan Documents Requiring Consent of Owners of Bonds ........... 44
TABLE OF CONTENTS
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ARTICLE IX
DISCHARGE
Section 9.01 Discharge of Indenture ............................................................................................ 45
Section 9.02 Discharge by Delivery ............................................................................................. 45
Section 9.03 Discharge by Deposit ............................................................................................... 45
ARTICLE X
MISCELLANEOUS
Section 10.01 Evidence of Signatures of Bond Owners and Ownership of Bonds ........................ 46
Section 10.02 Bonds Not an Obligation of the State or Any Political Subdivision ....................... 46
Section 10.03 Preservation and Inspection of Documents ............................................................. 47
Section 10.04 Parties Interested Herein .......................................................................................... 48
Section 10.05 No Recourse on the Bonds ...................................................................................... 48
Section 10.06 Severability of Invalid Provisions ........................................................................... 48
Section 10.07 Successors ................................................................................................................ 48
Section 10.08 Notices, Demands and Requests .............................................................................. 48
Section 10.09 Applicable Law; Venue ........................................................................................... 48
Section 10.10 Table of Contents and Section Headings Not Controlling ...................................... 48
Section 10.11 Exclusion of Bonds .................................................................................................. 49
Section 10.12 Exempt from Individual Liability ............................................................................ 49
Section 10.13 Effective Date .......................................................................................................... 49
EXHIBIT A FORM OF BOND ..................................................................................................... A-1
EXHIBIT B FORM OF INVESTOR LETTER............................................................................. B-1
EXHIBIT C FORM OF PROJECT FUND REQUISITION ......................................................... C-1
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TRUST INDENTURE
This TRUST INDENTURE dated as of November 1, 2025 (this “Indenture”), is by and
between COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic,
duly organized and validly existing under the laws of the State of California (together with its
successors and assigns, the “Issuer”) and U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, a national banking association organized and existing under and by virtue of the
laws of the United States of America and being duly qualified to accept and administer the trusts
created by this Indenture, as trustee (the “Trustee”),
W I T N E S S E T H:
WHEREAS, pursuant to Chapter 7 of Part 5 of Division 31 of the California Health and
Safety Code (collectively, the “Act”), the Issuer is authorized to issue one or more series of its
multifamily housing revenue bonds and to loan the proceeds thereof to finance the construction and
equipping of residential rental housing facilities to provide housing for persons of low and very low
income; and
WHEREAS, ECP Parcel A South Housing Partners, L.P., a California limited partnership
(the “Borrower”), has applied to the Issuer for financial assistance for the purpose of providing all or
part of the funds with which to pay the cost of the acquisition, construction and equipping of a 70-
unit multifamily rental housing project in the City of El Cerrito, County of Contra Costa, California
currently known as El Cerrito Plaza – Parcel A South (the “Project”); and
WHEREAS, the provision of the Loan (as hereinafter defined), is authorized by the Act and
will accomplish a valid public purpose of the Issuer, and the Issuer has determined that it is in the
public interest to issue its Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South),
2025 Series A, in the aggregate principal amount of $[35,700,000] (the “Tax-Exempt Bonds”) and its
Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series B (Federally
Taxable), in the aggregate principal amount of $_________ (the “Taxable Bonds”; and, together with
the Tax-Exempt Bonds, the “Bonds”) for the purpose of providing funding necessary for the
acquisition, construction and equipping of the Project; and
WHEREAS, pursuant to a Loan Agreement dated as of even date herewith (the “Loan
Agreement”) among the Issuer, the Trustee and the Borrower, the Issuer has agreed to issue the
Bonds and lend the proceeds thereof to the Borrower (the “Loan”) and the Borrower has agreed to
(i) apply the proceeds of the Loan to pay a portion of the costs of constructing and equipping of the
Project, (ii) make payments sufficient to pay the principal of and interest on the Bonds when due
(whether at maturity, by redemption, acceleration or otherwise), and (iii) observe the other covenants
and agreements and make the other payments set forth therein; and
WHEREAS, the Borrower has delivered to the Trustee, on behalf of the Issuer, two
promissory notes dated the date of issuance of the Bonds in an original aggregate principal amount
equal to the aggregate original principal amount of the Bonds (as amended, modified or
supplemented from time to time, the “Notes”) evidencing its obligation to repay the Loan, and the
Issuer has made the Loan to the Borrower, subject to the terms and conditions of the Loan
Agreement and this Indenture; and
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WHEREAS, to secure its obligations under the Loan Agreement and the Notes, the Borrower
has executed a Construction and Permanent Leasehold Deed of Trust, Security Agreement,
Assignment of Lease and Rents and Fixture Filing (as amended, modified or supplemented from time
to time, the “Mortgage”), in favor of the Issuer, and (ii) an Assignment of Construction and Design
Agreements (as amended, modified or supplemented from time to time, the “Assignment of Project
Documents”) and (iii) an Collateral Assignment of Rights to Tax Credits and Partnership Interests (as
amended, modified or supplemented from time to time, the “Security Agreement”), and certain other
documents evidencing and securing the Loan, each dated as of even date with this Indenture;
NOW, THEREFORE, in consideration of the premises and the mutual promises,
representations and agreements herein contained, and other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, and intending to be legally bound, the parties
hereto agree as follows:
GRANTING CLAUSES
The Issuer, in consideration of the premises, the acceptance by the Trustee of the trusts
created by this Indenture, the purchase and acceptance of the Bonds by the Owners thereof, and of
other good and valuable consideration, the receipt and sufficiency of which are acknowledged, and in
order to secure the payment of the principal of and interest on the Bonds according to their tenor and
effect, and to secure the performance and observance by the Issuer of all the covenants, agreeme nts
and conditions herein and in the Bonds contained, does transfer, pledge and assign, without recourse,
to the Trustee and its successors and assigns in trust forever, and does grant a security interest unto
the Trustee and its successors in trust and it s assigns, in and to all and singular the property described
in paragraphs (a), (b) and (c) below (said property being herein referred to as the “Trust Estate”), to
wit:
(a) All right, title and interest of the Issuer in and to the Note s, the Mortgage, and
the other Loan Documents (as that term is defined below), and all moneys from time to time paid by
the Borrower pursuant to the terms of the Loan Documents and all right, title and interest of the
Issuer (including, but not limited to, the right to enforce any of the terms thereof) under and pursuant
to and subject to the provisions of the Loan Agreement (but excluding the Reserved Rights as
defined in the Loan Agreement); and
(b) All other moneys and securities from time to time held by the Trustee under
the terms of this Indenture, excluding amounts required to be rebated to the United States Treasury
under Section 148(f) of the Code, whether or not held in the Rebate Fund; and
(c) Any and all property (real, personal or mixed) of every kind and nature fr om
time to time hereafter, by delivery or by writing of any kind, pledged, assigned or transferred as and
for additional security hereunder to the Trustee, which the Trustee is authorized to receive at any and
all times and to hold and apply the same subject to the terms of this Indenture.
TO HAVE AND TO HOLD, all and singular, the Trust Estate with all rights and privileges
transferred, pledged, assigned and/or granted or agreed or intended so to be, by this Indenture, to the
Trustee and its successors and assigns in trust forever;
IN TRUST NEVERTHELESS, upon the terms and conditions herein set forth for the equal
and proportionate benefit, security and protection of all present and future Owners of the Bonds
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Outstanding, without preference, priority or distinction as to participation in the lien, benefit and
protection of this Indenture of one Bond over or from the others, except as herein otherwise expressly
provided;
PROVIDED, NEVERTHELESS, and these presents are upon the express condition, that if
the Issuer or its successors or assigns shall well and truly pay or cause to be paid the principal of such
Bonds with interest, according to the provisions set forth in the Bonds, or shall provide for the
payment or redemption of such Bonds by depositing or caus ing to be deposited with the Trustee the
entire amount of funds or securities requisite for payment or redemption thereof when and as
authorized by the provisions of Article IX (it being understood that any payment with respect to the
principal of or interest on Bonds made by the Borrower shall not be deemed payment or provision for
the payment of the principal of or interest on Bonds, except Bonds purchased and canceled by the
Trustee, all such uncanceled Bonds to remain Outstanding and the principal of an d interest thereon
payable to the Owners thereof), and shall also pay or cause to be paid all other sums payable
hereunder by the Issuer, then these presents and the estate and rights granted by this Indenture shall
cease, terminate and become void, and thereupon the Trustee, on payment of its lawful charges and
disbursements then unpaid, on demand of the Issuer and upon the payment by the Issuer of the cost
and expenses thereof, shall duly execute, acknowledge and deliver to the Issuer such instruments of
satisfaction or release as may be necessary or proper to discharge this Indenture of record, and if
necessary shall grant, reassign and deliver to the Issuer all and singular the property, rights,
privileges and interests by it granted, conveyed and assigned by this Indenture, and all substitutes
therefor, or any part thereof, not previously disposed of or released as herein provided; otherwise this
Indenture shall be and remain in full force;
THIS INDENTURE FURTHER WITNESSETH, and it is expressly declared, covenanted
and agreed by and between the parties hereto, that all Bonds issued and secured hereunder are to be
issued, authenticated and delivered and that all the Trust Estate is to be held and applied under, upon
and subject to the terms, conditions, stipulations, covenants, agreements, trusts, uses and purposes as
hereinafter expressed, and the Issuer agrees and covenants with the Trustee, for the benefit of the
respective Owners from time to time of the Bonds as follows:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
Section 1.01 Definitions. The following capitalized terms, as used in this Indenture, shall
have the meanings specified below unless the context otherwise shall require. All other capitalized
terms which are defined in the Loan Agreement and not defined herein shall have the respective
meanings ascribed to them in the Loan Agreement.
“Accounts” means the accounts established pursuant to Section 5.01 hereof.
“Accredited Investor” means an “accredited investor” as that term is defined in
Rule 501(a)(1), (2), (3), (7) or (8) of Regulation D promulgated under the Securities Act of 1933, as
amended.
“Act” has the meaning set forth for that term in the Recitals above.
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“Additional Interest” means an amount equal to the excess of (i) the amount of interest an
Owner (other than an Owner who is a “substantial user” of the Project or a “related person” to a
“substantial user,” as defined in Section 147(a) of the Code) would have received during the period
of time commencing on the date that the interest on the Bonds becomes subject to federal income
taxation to the earlier of the date of the payment of the Bonds or the date of a Determination of
Taxability (excluding from such period any time in which the tax on such interest is uncollectible) at
a per annum rate equal to the taxable rate, described in the Notes, over (ii) the aggregate amount of
interest received by an Owner for said period.
“Affiliates” or “Affiliate” means, if with respect to an entity, (i) any manager, member,
officer or director thereof and any Person who or which is, directly or indirectly, the beneficial owner
of more than 10% of any class of shares or other equity security, or (ii) any Person which, directly or
indirectly, controls or is controlled by or is under common control with such entity. Control
(including the correlative meanings of “controlled by” and “under common control with”) means
effective power, directly or indirectly, to direct or cause the direction of the management and policies
of such Person. With respect to a partnership or venture, “Affiliate” shall include, without limitation,
any (i) general partner, (ii) general partner of a general partner, or (iii) partnership with a common
general partner, and if any general partner is a corporation, any Person which is an “Affiliate” (as
defined above) of such corporation. With respect to a limited liability company, “Affiliate” shall
include, without limitation, any member.
“Alternative Rate” means the Default Rate, as defined in the Notes.
“Assignment of Project Documents” has the meaning set forth for that term in the Recitals
above.
“Authorized Amount” shall mean, with respect to the Tax -Exempt Bonds, $[35,700,000], the
principal amount of the Tax-Exempt Bonds authorized to be issued under this Indenture, and with
respect to the Taxable Bonds, $ ________, the principal amount of the Taxable Bonds authorized to
be issued under this Indenture. The Bonds will be issued as draw-down Bonds in accordance with
Section 3.01.
“Authorized Denomination” means the entire Outstanding principal amount of the Tax-
Exempt Bonds and the Taxable Bonds, respectively; provided, that for purposes of redeeming the
Bonds (other than as expressly required in this Indenture), the term “Authorized Denomination”
means any integral multiple of $1.00. [—DISCUSS—IS THE COUNTY INSISTING ON NO
SALES OF LESS THAN THE ENTIRE AMOUNT?] [[Not necessarily. Transfers in whole only is
preferred, but transfers or participation can be permitted in minimum amount s ensuring ≤ 35
owners.]]
“Authorized Representative” means, (i) with respect to the Issuer, the Chair, Vice Chair,
County Administrator, Director of the Department of Conservation and Development, Assistant
Deputy Director of the Department of Conservati on and Development or Community Development
Bond Program Manager, or any person or persons designated to act on behalf of the Issuer by a
certificate filed with the Borrower, the Trustee and the Servicer; (ii) with respect to the Borrower,
any person or persons designated to act on behalf of the Borrower by a certificate filed with the
Issuer, the Trustee and the Servicer and (iii) with respect to the Servicer, any person or persons
designated to act on behalf of the Servicer by a certificate filed with the Borrower, the Issuer and the
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Trustee. Each such certificate may designate an alternate or alternates, each of whom shall be
entitled to perform all duties and exercise all powers of an Authorized Representative.
“Bank” means JPMorgan Chase Bank, N.A., and its successors and assigns.
“Bond” or “Bonds” has the meaning set forth for that term in the Recitals above.
“Bond Counsel” means (a) Stradling Yocca Carlson & Rauth LLP or (b) any other attorney
or firm of attorneys of nationally recognized standing in the field of municipal finance law whose
opinions are generally accepted by purchasers of tax -exempt obligations and who is acceptable to the
Issuer and the Servicer.
“Bond Payment Date” means each date on which principal or redemption price or interest
shall be payable on any of the Bonds according to their respective terms.
“Business Day” means a day of the year which is not a Saturday or Sunday or any other day
on which banks located in the city of New York, New York and banks located in the city in whic h
the Principal Office of the Trustee is located are required or authorized by law to remain closed and
on which The New York Stock Exchange is not closed.
“Calculation Period” means the period commencing upon the first day of each month and
ending on (and including) the last day of such month.
“Closing Date” means the date of issuance of the Bonds.
“Code” means Internal Revenue Code of 1986 as in effect on the date of issuance of the
Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued
on the date of issuance of the Bonds, together with applicable proposed, temporary and final
regulations promulgated, and applicable official public guidance published, under the Code.
“Completion” shall mean “Substantial Completion” as such term is defined in the
Construction Disbursement Agreement.
“Condemnation Award” means the total condemnation proceeds actually paid by the
condemnor as a result of the condemnation of all or any part of the property subject to the Mortgage
less the actual costs incurred, including attorneys’ fees, in obtaining such award.
“Conditions to Conversion” has the meaning assigned to such term in the Construction
Disbursement Agreement.
“Construction Disbursement Agreement” means the Construction and Permanent Loan
Agreement of even date with this Indenture between the Borrower and the Bank, as the same may be
supplemented, amended or modified.
“Control,” “Controlled” and “Controlling” means, with respect to any Person, either
(i) ownership directly or indirectly of more than 50% of all beneficial equity interest in such Person,
or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the
management and policies of such Person, through the ownership of voting sec urities, by contract or
otherwise.
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“Conversion Date” has the meaning assigned to such term in the Construction Disbursement
Agreement.
“Costs of Issuance” means “issuance costs” with respect to the Bonds within the meaning of
Section 147(g) of the Code.
“Costs of Issuance Account” means the account of that name established within the Project
Fund pursuant to Section 5.01 of this Indenture.
“Counsel” means an attorney or firm of attorneys acceptable to the Issuer, the Trustee and the
Servicer, and may, but need not, be Bond Counsel, counsel to the Issuer, the Servicer or the
Borrower.
“Determination of Taxability” means (i) a determination by the Commissioner or any District
Director of the Internal Revenue Service, (ii) a private ruling or Technical Advice Memorandum
issued by the National Office of the Internal Revenue Service, (iii) a determination by any court of
competent jurisdiction, or (iv) receipt by the Trustee, at the request of the Servicer, of an opinion of
Bond Counsel to the effect that the inte rest on the Tax-Exempt Bonds is includable in gross income
for federal income tax purposes of the Owners thereof or any former Owner thereof, other than an
Owner who is a “substantial user” (within the meaning of Section 147(a) of the Code) of the Project
or a “related person” (as defined in Section 147(a) of the Code) to such substantial user; provided
that no such Determination of Taxability under clause (i), (ii) or (iii) shall be deemed to have
occurred if (a) the Borrower and the Servicer have been afforded the opportunity to contest such
determination, and (b) if the Borrower or the Servicer has elected to contest such determination in
good faith and is proceeding with all applicable dispatch to prosecute such contest until the earliest of
(A) a final determination from which no appeal may be taken with respect to such determination, or
(B) abandonment of such appeal by the Borrower or the Servicer.
“Environmental Indemnity” means the Environmental Indemnity Agreement dated as of even
date with this Indenture, from the Borrower and the Guarantor for the benefit of the Issuer, the Bank
and the Trustee, as the same may be modified, supplemented or amended from time to time.
“Exceptions to Non-Recourse Guaranty” means the Carve-Out Guaranty dated as of even
date with this Indenture, from the Guarantor for the benefit of the Issuer, the Bank and the Trustee, as
the same may be modified, supplemented or amended from time to time.
“Equity Account” means the account of that name established with in the Project Fund
pursuant to Section 5.01 of this Indenture.
“Event of Default” means any of those events defined as Events of Default by Section 6.01 of
this Indenture.
“Fair Market Value” shall mean the price at which a willing buyer would purchase th e
investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date
the contract to purchase or sell the investment becomes binding) if the investment is traded on an
established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the
term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as
referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with
applicable regulations under the Code, (ii) the investment is an agreement with specifically
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negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for
example, a guaranteed investment contract, a forward supply contract or other investment agreement)
that is acquired in accordance with applicable regulations under the Code, (iii) the investment is a
United States Treasury Security—State and Local Government Series that is acquired in accordance
with applicable regulations of the United States Bureau of Public Debt, or (iv) any commingled
investment fund in which the Issuer and related parties do not own more than a 10% beneficial
interest therein if the return paid by the fund is without regard to the source of the investment. To the
extent required by the Regulations, the term “investment” will include a hedge.
“Funds” means the funds established pursuant to Section 5.01 hereof.
“Government Obligations” means direct obligations of, or obligations guaranteed by, the
United States of America.
“Guarantor” means The Related Companies, L.P., a New York limited partnership.
“Guaranty” means, collectively, the Payment Guaranty and the Exceptions to Non-Recourse
Guaranty.
“Indenture” has the meaning set forth for that term in the Recitals above.
“Initial Interest Rate Period” means the period commencing on the Closing Date and ending
on (and including) the day before the Conversion Date.
“Initial Notification of Taxability” means the receipt by Trustee or any Owner of a
communication from the Internal Revenue Service or any court of competent jurisdiction to the effect
that the exclusion of interest on the Bonds from the gross income of the Owners (except for any
Owner that is a “substantial user” or a “related person” within the meani ng of Section 147(a) of the
Code), for federal income tax purposes, will not continue in effect.
“Insurance and Condemnation Proceeds Account” means the account of that name
established within the Project Fund pursuant to Section 5.01 of this Indenture.
“Insurance Proceeds” means the total proceeds of insurance actually paid or payable by an
insurance company in respect of the required insurance on the Project, less the actual costs incurred,
including attorneys’ fees, in the collection of such proceeds.
“Interest Payment Date” means the first day of each month commencing with the second
month following the month in which the Closing Date occurs.
“Interest Rate” has the meaning ascribed to such term in the Tax-Exempt Note.
“Investment Securities” means any one or more of the following investments, if and to the
extent the same are then legal investments under the applicable laws of the State for moneys
proposed to be invested therein:
(a) Bonds or other obligations of the State or bonds or other obligations, the
principal of and interest on which are guaranteed by the full faith and credit of the State;
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(b) Bonds or other obligations of the United States or of subsidiary corporations
of the United States Government which are fully guaranteed by such government ;
(c) Obligations of agencies of the United States Government issued by the
Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the
Central Bank for Cooperatives;
(d) Bonds or other obligations issued by any public housing agency or
municipality in the United States, which bonds or obligations are fully secured as to the payment of
both principal and interest by a pledge of annual contributions under an annual contributions contract
or contracts with the United States government, or project notes issued by any public housing
agency, urban renewal agency, or municipality in the United States and fully secured as to payment
of both principal and interest by a requisition, loan, or payment agreement with the United States
government;
(e) Certificates of deposit of national or state banks which have deposits insured
by the Federal Deposit Insurance Corporation and certificates of deposit of federal savings and loan
associations and state building and loan associations which ha ve deposits insured by the Savings
Association Insurance Fund of the Federal Deposit Insurance Corporation, including the certificates
of deposit of any bank, savings and loan association, or building and loan association acting as
depositary, custodian, or trustee for any such bond proceeds. The portion of such certificates of
deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Savings
Association Insurance Fund of the Federal Deposit Insurance Corporation, if any, shall be secured by
deposit, with the Federal Reserve Bank of San Francisco, California, or with any national or state
bank or federal savings and loan association or state building and loan or savings and loan
association, of one or more the following sec urities in an aggregate principal amount equal at least to
the amount of such excess: direct and general obligations of the State or of any county or municipal
corporation in the State, obligations of the United States or subsidiary corporations included in
paragraph (b) hereof, obligations of the agencies of the United States Government included in
paragraph (c) hereof, or bonds, obligations, or project notes of public housing agencies, urban
renewal agencies, or municipalities included in paragraph (d) hereof;
(f) Interest-bearing time deposits, repurchase agreements, reverse repurchase
agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust
company having capital and surplus aggregating at least $50 million or with any government bond
dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of
New York having capital aggregating at least $50 million or with any corporation which is subject to
registration with the Board of Governors of the Federal Reserve System pursuant to the requirements
of the Bank Holding Company Act of 1956 and whose unsecured or uncollateralized long-term debt
obligations of which are rated in the one of the two highest letter rating categories of S&P or
Moody’s or whose unsecured and uncollateralized short -term debt obligations are rated in one of the
two highest letter rating categories of S&P or Moody’s at the time of purchase, provided that each
such interest-bearing deposit, repurchase agreement, reverse repurchase agreement, guarantee
agreement, or other similar banking arrangement shall permit the moneys so placed to be available
for use at the time provided with respect to the investment or reinvestment of such moneys;
(g) Any and all other obligations of investment grade and having a nationally
recognized market, including, but not limited to, rate guarantee agreements, guaranteed investment
contracts, or other similar arrangements offered by any firm, agency, business, governmental unit,
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bank, insurance company or other entity; provided, that each such obligation shall permit moneys so
placed to be available for use at the time provided with respect to the investment or reinvestment of
such moneys;
(h) Shares of a money market mutual fund or oth er collective investment fund
registered under the Investment Company Act of 1940, whose shares are registered under the
Securities Act of 1933, having assets of at least $100,000,000 and rated in the one of the two highest
letter rating categories of S&P or Moody’s; and
(i) Any other investment approved in writing by the Servicer.
“Investor Limited Partner” means [FRE Enterprise Affordable Housing Fund I, LLLP], a
[______ limited liability limited partnership], or its Affiliate(s) that has been admitted as a limited
partner in accordance with the Partnership Agreement, together with its successors and assigns.
“Issuer” has the meaning set forth for that term in the Recitals above.
“Issuer Documents” means, collectively, this Indenture, the Loan Agreement, t he Regulatory
Agreement and the Tax Certificate.
“Legal Requirements” means any legal requirements, including any local, state or federal
statute, law, ordinance, code, rule or regulation, now or hereinafter in effect (including environmental
laws) or order, judgment, decree, injunction, permit, license, authorization, certificate, franchise,
approval, notice, demand, direction or determination, of any Governmental Authority and all legal
requirements imposed upon the Land, or upon the owner(s) of the Land from time to time, pursuant
to any applicable covenants, conditions, easements, servitudes and restrictions and any applicable
ground lease.
“Loan” has the meaning set forth for that term in the Recitals above.
“Loan Accounts” means, collectively, the Tax-Exempt Loan Account and the Taxable Loan
Account.
“Loan Agreement” means the Loan Agreement dated as of even date herewith, among the
Issuer, the Trustee and the Borrower, as the same may be supplemented, amended or modified.
“Loan Documents” means, collectively, the Loan Agreement, the Notes, the Regulatory
Agreement, the Construction Disbursement Agreement, the Mortgage, the Assignment of Project
Documents, the Security Agreement, the Environmental Indemnity, the Guaranty, the Tax
Certificate, and all other documents or instruments executed by the Borrower which evidence or
secure the Borrower’s indebtedness under such documents and all other documents and instruments
delivered simultaneously herewith or required under the Loan Documents to be delive red during the
term of the Loan.
“Majority Owner” means the Person who owns at least fifty-one percent (51%) in aggregate
principal amount of Outstanding Bonds, or, if no single Person owns at least fifty-one percent (51%)
in aggregate principal amount of Outstanding Bonds, the person who is designated in writing to
exercise the powers of “Servicer” and “Majority Owner” hereunder by persons who collectively own
at least fifty-one percent (51%) in aggregate principal amount of Outstanding Bonds.
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“Maturity Date” means November 1, 20__.
“Maximum Rate” means the lesser of (i) twelve percent (12%) per annum or (ii) the
maximum interest rate permitted by law.
“Moody’s” means Moody’s Investors Service, Inc., a Delaware corporation, its successors
and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the
functions of a securities rating agency, “Moody’s” shall be deemed to refer to any other nationally
recognized securities rating agency designated by the Issuer, with the c onsent of the Borrower and
the Servicer.
“Mortgage” has the meaning set forth for that term in the Recitals above.
“Notes” means, collectively, the Tax-Exempt Note and the Taxable Note.
“Notice Address” means:
(a) with respect to the Issuer, Contra Costa County Department of Conservation
and Development, 30 Muir Road, Martinez, California 94553-4601, Attention: Affordable Housing
Program Manager;
(b) with respect to the Borrower, Related Irvine Development Company, LLC, 44
Montgomery Street, Suite 1310, San Francisco, California 94104, Attention: __________;
(c) with respect to the Investor Limited Partner, [FRE Enterprise Affordable
Housing Fund I, LLLP], a [______ limited liability limited partnership],
_______________________, Attention: _____________;
(d) with respect to the Trustee, U.S. Bank Trust Company, National Association,
One California Street, Suite 1000, Mail Code SF-CA-SFCT, San Francisco, California 94111,
Attention: Global Corporate Trust Services;
(e) with respect to the Bank and Majority Owner: J PMorgan Chase Bank, N.A.,
Community Development Banking, 560 Mission Street, Floor 4, San Francisco, California 94105,
Attention: James Vossoughi;
(f) with respect to any future Servicer or Majority Owner, such address as may
be shown in the records of the Trustee.
“Outstanding” means, when used with respect to Bonds, as of any date, all Bonds theretofore
authenticated and delivered under this Indenture except:
(a) any Bond canceled or delivered to the registrar for cancellation on or before
such date;
(b) any Bond specified as not Outstanding in paragraph (b) of Section 4.05
hereof;
(c) any Bond in lieu of or in exchange for which another Bond shall have been
authenticated and delivered pursuant to Article II of this Indenture;
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(d) any Bond deemed to have been paid as provided in Article IX of this
Indenture;
(e) any Bond owned or held by or for the account of the Issuer or the Borrower,
as provided in Section 10.11 of this Indenture, for the purpose of consent or other action or any
calculation of outstanding Bonds provided for in this Indenture, and
(f) any undelivered Bond (except for purposes of receiving the purchase price
thereof upon surrender in accordance with this Indenture).
“Owner” or “Owners” means the registered owner, or owners, of the Bonds.
“Payment Guaranty” means that certain Guaranty of Payment and Performance executed by
the Guarantor and dated of even date with this Indenture.
“Permanent Fixed Rate” has the meaning ascribed to such term in the Tax-Exempt Note.
“Person” means any natural individual, corporation, partnership, trust, unincorporated
association, business or other legal entity, and any government or governmental agency or political
subdivision thereof.
“Prepayment Equalization Payment” has the meaning ascribed to such term in the Notes.
“Principal Office” means, with respect to any party, the office designated as such in, or as
designated by the respective party in writing pursuant to, this Indenture.
“Project” has the meaning set forth for that term in the Recitals above.
“Project Fund” means the fund of that name established pursuant to Section 5.01 of this
Indenture.
“Qualified Costs of the Project” means the actual costs incurred to acquire, construct and
equip the Project which (i) are incurred not more than sixty (60) days prior to January 21, 2025,
being the date on which the Issuer first declared its “official intent” (within the meaning of Treasury
Regulations Section 1.150-2) with respect to the Project (other than preliminary expenditures with
respect to the Project in an amount not exceeding twenty percent (20%) of the aggregate principal
amount of the Bonds), (ii) are (A) chargeable to the Project’s capital account or would be so
chargeable either with a proper election by the Borrower or but for a proper election by the Borrower
to deduct such costs, within the meaning of Treasury Regulation Section 1.103-8(a)(1), and if
charged or chargeable to the Project’s capital account are or would have been deducted only through
an allowance for depreciation or (B) made for the acquisition of land, to the extent allowed in
Section 147(c) of the Code and (iii) are made exclusively with respect to a “qualified residential
rental project” within the meaning of Section 142(d) of the Code; provided, however, that (A) Costs
of Issuance shall not be deemed to be Qualified Costs of the Project; (B) fees, charges or profits
payable to the Borrower or a “related person” (within the meaning of Section 147 of the Code) shall
not be deemed to be Qualified Costs of the Project; (C) interest during the construction of the Project
shall be allocated between Qualified Costs of the Project and other costs and expenses of the Project;
(D) interest following the construction of the Project shall not constitute Qualified Costs of the
Project; (E) letter of credit fees and municipal bond insurance premiums which represent a transfer of
credit risk shall be allocated between Qualified Costs of the Project and other costs and expenses to
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be paid from the proceeds of the Bonds; and (F) letter of credit fees and municipal bond insurance
premiums which do not represent a transfer of credit risk (including, without limitation, letter of
credit fees payable to a “related person” to the Borrower) shall not constitute Qualified Costs of the
Project. As used herein, the term “preliminary expenditures” includes architectural, engineering,
surveying, soil testing and similar costs that were incurred prior to commencement of construction of
the Project, but does not include land acquisition, site preparation or similar c osts incident to
commencement of construction of the Project.
“Qualified Institutional Buyer” shall have the same meaning ascribed thereto in Rule 144A
promulgated under the Securities Exchange Act of 1933, as amended.
“Rebate Analyst” means any Person, chosen by the Borrower and acceptable to the Issuer,
and at the expense of the Borrower, qualified and experienced in the calculation of rebate payments
under Section 148 of the Code and compliance with the arbitrage rebate regulations promulgated
under the Code, which is engaged for the purpose of determining the amount of required deposits to
the Rebate Fund, if any, pursuant to the Tax Certificate.
“Rebate Fund” means the fund of that name established pursuant to Section 5.01 of this
Indenture.
“Record Date” means, with respect to each Bond Payment Date, the close of business on the
day preceding such Bond Payment Date, whether or not such day is a Business Day.
“Regulatory Agreement” means the Regulatory Agreement and Declaration of Restrictive
Covenants, dated as of even date herewith, by and between the Issuer and the Borrower, as the same
may be amended, modified or supplemented from time to time.
“Requisition” means a requisition in the form of Exhibit C, together with all invoices, bills of
sale, schedules and other submissions required for the making of an advance from the Loan Account
or the Equity Account of the Project Fund.
“Resolution” means the resolution of the Issuer adopted on _________, 2025 authorizing,
among other things, the execution and delivery by the Issuer of the Issuer Documents and the Bonds
and the performance of its obligations thereunder.
“Retainage” has the meaning ascribed to such term in the Construction Disbursement
Agreement.
“Revenue Fund” means the fund of that name established pursuant to Section 5.01 of this
Indenture.
“S&P” means Standard & Poor’s, a division of The McGraw-Hill Companies, Inc., its
successors and assigns, and, if such corporation shall be dissolved or liquidated or shall no longer
perform the functions of a securities rating agency, “S&P” shall be deemed to refer to any other
nationally recognized securities rating agency designated by the Issuer, with the consent of the
Borrower and the Servicer.
“Secured Property” has the meaning ascribed to such term in the Mortgage.
“Security Agreement” has the meaning set forth for that term in the Recitals above.
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“Servicer” means the servicer of the Loan, if any, appointed pursuant to Section 7.11 hereof.
The initial Servicer shall be the Bank.
“Servicing Agreement” means any servicing agreement entered into among the Majority
Owner, the Trustee and the Servicer, as the same may be amended, modified or supplemented from
time to time.
“State” means the State of California.
“Supplemental Indenture” means any indenture hereafter duly authorized and entered into
between the Issuer and the Trustee in accordance with Article VIII hereof, amending, modifying or
supplementing this Indenture.
“Tax and Insurance Fund” means the fund of that name established pursuant to Se ction 5.01
of this Indenture.
“Tax Certificate” means, collectively, (i) the Tax Certificate executed by the Issuer on the
Closing Date, (ii) the Borrower’s Use of Proceeds Certificate executed by the Borrower on the
Closing Date, and (iii) the Post-Issuance Compliance Certificate executed by the Issuer and the
Borrower on the Closing Date.
“Taxable Bonds” means the County of Contra Costa, California Multifamily Housing
Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series B (Federally Taxable).
“Taxable Loan Account” means the account of that name established within the Project Fund
pursuant to Section 5.01 of this Indenture.
“Taxable Note” means the Promissory Note dated the Closing Date, in the principal amount
of $__________, from the Borrower, including all riders and addenda thereto, evidencing the
Borrower’s obligation to repay the portion of the Loan corresponding to the Taxable Bonds, which
Taxable Note will be delivered to the Issuer and assigned by the Issuer to the Trustee as security for
the Taxable Bonds, in substantially the form attached to the Loan Agreement as Exhibit B.
“Tax-Exempt Bonds” means the County of Contra Costa, California Multifamily Housing
Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series A.
“Tax-Exempt Loan Account” means the account of that name established within the Project
Fund pursuant to Section 5.01 of this Indenture.
“Tax-Exempt Note” means the Promissory Note dated the Closing Date, in the principal
amount of $[35,700,000], from the Borrower, including all riders and addenda thereto, evidencing
the Borrower’s obligation to repay the portion of the Loan corresponding to the Tax -Exempt Bonds,
which Tax-Exempt Note will be delivered to the Issuer and assigned by the Issuer to the Trustee as
security for the Tax-Exempt Bonds, in substantially the form attached to the Loan Agreement as
Exhibit B.
“Trust Estate” means the trust estate pledged by the Issuer and described in the Granting
Clauses of this Indenture.
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“Trustee” has the meaning set forth for that term in the Recitals above, and includes any
successor trustee appointed pursuant to Section 7.08.
“Trustee Fee” means the annual fee of the Trustee in the amount of $_______, the first such
payment due on the Closing Date. Thereafter, the Trustee’s Fee is payable annually in arrears on
each November 1, commencing November 1, 20__, so long as any of the Bonds are Outstanding.
“Trustee Expenses” means the fees and expenses of the Trustee set forth in Section 7.04 of
this Indenture.
Section 1.02 Construction. In this Indenture, unless the context otherwise requires:
(a) Articles and Sections referred to by number shall mean the corresponding
Articles and Sections of this Indenture.
(i) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and
any similar terms refer to this Indenture, and the term “hereafter” shall mean after, and the term
“heretofore” shall mean before, the date of adoption of this Indenture.
(ii) Words of the masculine gender shall mean and include correlative
words of the female and neuter genders, and words importing the singular number shall mean and
include the plural number and vice versa.
(iii) Words importing the redemption of a Bond or the calling of a Bond
for redemption do not include or connote the payment of such Bond at its stated maturity or the
purchase of such Bond.
(iv) References in this Indenture to particular sections of the Code, the Act
or any other legislation shall be deemed to refer also to any successor sections thereto or other
redesignation for codification purposes.
(v) The terms “receipt,” “received,” “recovery,” “recovered” and any
similar terms, when used in this Indenture with respect to moneys or payments due the Issuer, shall
be deemed to refer to the passage of physical possession and control of such moneys and payments to
the Issuer, the Owners of the Bonds or the Trustee on its behalf.
ARTICLE II
REPRESENTATIONS AND COVENANTS OF THE ISSUER
Section 2.01 Representations by the Issuer. The Issuer represents and warrants to the
Trustee and the Owners of the Bonds that:
(a) The Issuer is a public body, corporate and politic, duly organized and validly
existing under the laws of the State of California.
(b) The Issuer has power and lawful authority to adopt the Resolution, to execute
and deliver the Issuer Documents; to issue the Bonds and receive the proceeds of the Bo nds; to apply
or cause to be applied the proceeds of the Bonds to make the Loan; to assign the revenues derived
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and to be derived by the Issuer from the Loan to the Trustee; and to perform and observe the
provisions of the Issuer Documents and the Bonds on its part to be performed and observed.
(c) The Issuer has duly authorized the execution and delivery of the Issuer
Documents and the issuance, execution, sale and delivery of the Bonds, and the performance of the
obligations of the Issuer thereunder.
(d) To the best knowledge of the Issuer, there is no litigation pending or, to the
knowledge of the Issuer, threatened, in any court, either state or federal, calling into question (i) the
creation, organization or existence of the Issuer, (ii) the validity of the Issuer Documents or the
Bonds, (iii) the authority of the Issuer to adopt, make or perform, as the case may be, the Issuer
Documents or to issue, execute and deliver the Bonds or (iv) the exclusion from gross income of
interest on the Bonds for purposes of federal income taxation.
(e) All actions on the part of the Issuer necessary for the execution and delivery
of the Issuer Documents, the issuance, execution, sale and delivery of the Bonds and the performance
by the Issuer of its obligations thereunder have been duly and effectively taken. To the best
knowledge of the Issuer, no consent, authorization or approval of, or filing or registration with, any
governmental or regulatory body is required on the part of the Issuer for the execution and delivery
of the Issuer Documents, the issuance, execution, sale and delivery of the Bonds, or the performance
by the Issuer of its obligations under the Issuer Documents or the Bonds, except the aforesaid action
on the part of the Issuer which has been duly and effectively taken.
(f) The Issuer makes no representation or warranty, express or implied, that the
proceeds of the Bonds will be sufficient to finance the acquisition, construction and equipping of the
Project or that the Project will be adequate or sufficient for the Borrower’s intended purposes.
(g) The Issuer has used no broker in connection with the execution of and the
transactions contemplated by this Indenture.
Section 2.02 Covenants of the Issuer. The Issuer agrees with the Owners from time to
time of the Bonds that, so long as the Bonds remain unpaid:
(a) The Issuer will pay or cause to be paid the principal of and the interest on the
Bonds as the same become due, but solely to the extent provided in Section 10.02 hereof.
(b) The Issuer will do, execute, acknowledge, when appropriate, and deliver from
time to time at the request of the Owners of the Bonds or the Trustee, and at the expense of the
Borrower, such further acts, instruments, financing statements and other documents as are necessary
or desirable to better assure, transfer, pledge or assign to the Trustee, and grant a security interest
unto the Trustee in and to the Trust Estate and the other properties and revenues herein described and
otherwise to carry out the intent and purpose of the Issuer Documents and the Bonds.
(c) The Issuer will not use or knowingly permit the use of any proceeds of the
Bonds or other funds of the Issuer, directly or indirectly, in any manner, and will not take or
knowingly permit to be taken any other action or actions, which would result in any of the Bon ds
being treated as an obligation not described in Section 142(a)(7) of the Code by reason of such Bond
not meeting the requirements of Section 142(d) of the Code.
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(d) The Issuer will at all times do and perform all acts and things permitted by
law and this Indenture which are necessary or desirable in order to assure, and will not knowingly
take any action which will adversely affect, the excludability of interest on the Bonds from gross
income for federal income tax purposes (other than Bonds held by a “subst antial user” of the Project
or a “related person” to a “substantial user,” each as defined in Section 147(a) of the Code).
In making the covenants set forth in Section 2.02(c) and (d) above, the Issuer is relying
exclusively on the covenants and representations of the Borrower in the Loan Agreement and the Tax
Certificate, and any default by the Borrower thereunder shall not constitute a default by the Issuer
hereunder with respect to the covenants in Section 2.02 (c) and (d) above.
ARTICLE III
AUTHORIZATION AND ISSUANCE OF BONDS
Section 3.01 Authorization of Bonds.
(a) There is authorized, established and created by this Indenture an issue of
Bonds of the Issuer to be known and designated as the “County of Contra Costa, California
Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series A” in the
original aggregate principal amount of $[35,700,000] and the “County of Contra Costa, California
Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series B (Federally
Taxable)” in the original aggregate principal amount of $________. No additional bonds shall be
authorized or issued under this Indenture. The Bonds shall be issued for the purpose of making the
Loan by depositing such amounts in the various accounts of the Project Fund established hereunder.
(b) The Bonds are authorized to be issued as drawdown Bonds. The Owners of
the Bonds shall fund the purchase price of the Bonds in installments. The initial installment for the
purchase of the Bonds shall be funded from the purchase price of the Bonds in the amount of
$_____________, representing $________ aggregate principal amount of Tax-Exempt Bonds and
$________ aggregate principal amount of the Taxable Bonds, to be advanced by the Owners of such
Bonds and received by the Trustee on the Closing Date, which purchase price shall be deposited in
the Project Fund for application as provided in Section 5.02 hereof. At the option of the Servicer, the
initial drawdown of the Bonds may be accomplished by funding the escrow account engaged to clo se
the Loan, with notice to Trustee. Provided that the conditions to advance contained in the
Construction Disbursement Agreement are either satisfied or waived by the Servicer, the balance of
the purchase price of the Bonds shall be advanced in subsequent installments by the Owners (if more
than one Owner, pro rata based on the respective maximum face principal amounts of such Bonds)
less applicable Retainage, such draws to come first from the Tax-Exempt Bonds until the entire
Authorized Amount of Tax-Exempt Bonds is drawn and then from the Taxable Bonds [—DISCUSS
WHETHER THERE WILL BE AN INTEREST RATE CAP AT CLOSING THAT MAY HAVE TO
COME FROM TAXABLE BONDS]. The purchase price of the Bonds so advanced shall be
allocated to the payment, or reimbursement for the payment, of Qualified Costs of the Project. Upon
receipt of a Funding Notice described below, the Trustee shall provide the Owners with written
directions to fund a portion of the purchase price of the Bonds not less than ten (10) Business Days
prior to the date when such funds are required from the Owners, which such notice shall state
whether the purchase price relates to the Tax-Exempt Bonds or the Taxable Bonds and shall describe
the amount of the purchase price to be funded and the purposes to which the proceeds of the Bonds
so purchased will be applied. Upon the payment of any portion of the purchase price of the Bonds by
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the Owners in accordance with the terms of this Section 3.01(b), such payment shall be deposited by
the Trustee in the Project Fund as designated in the corresponding funding notice received by the
Trustee from the Servicer (each, a “Funding Notice”) and thereafter immediately applied in
accordance with the corresponding Requisition pursuant to Section 5.02 hereof. The Trustee shall
maintain in its books a log (which may be maintained through the bond record -keeping system
utilized by the Trustee) which shall reflect from time to time the payment of the purchase price of
Bonds by the Owners in accordance with the provisions of this Section 3.01(b). If presented to the
Trustee by any Owner, amounts funded by the Owners in accordance with the provisions of this
Section 3.01(b) shall be noted on Schedule A attached to the applicable Bond so presented to the
Trustee. Notwithstanding any provision in Section 3.06 hereof to the contrary, the Bonds shall bear
interest as provided in Section 3.06 hereof upon the deposit with Trustee by the Owners of the
amount of purchase price of the Bonds so paid in accordance with the provisions of this
Section 3.01(b).
Anything herein to the contrary notwithstanding, to the extent that all the full Authorized
Amount of the Bonds have not been purchased by [November 1, 2028], the remaining authorized
principal amount of the Bonds shall be purchased by the Owners prior to [November 1, 2028] by
advancing the purchase price for the remaining principal amount of the Bonds to the Trustee for
deposit in the Project Fund, unless the Borrower delivers to the Trustee and the Issuer an opinion of
Bond Counsel to the effect that a failure to purchase the remaining principal amount of Tax-Exempt
Bonds prior to [November 1, 2028] will not, in and of itself, adversely affect the exclusion of interest
on the Tax-Exempt Bonds from gross income for federal income tax purposes.
Section 3.02 Conditions Precedent to Authentication and Delivery of Bonds. Prior to
the initial authentication and delivery of the Bonds, the Trustee shall have received each of the
following:
(a) the original executed Notes, and executed original counterparts of this
Indenture, the other Issuer Documents and the Loan Documents;
(b) confirmation from the Servicer or its counsel that the conditions to the initial
purchase of Bonds contained in the Construction Disbursement Agreement have been satisfied or
waived by Servicer;
(c) a certified copy of the Resolution;
(d) evidence of the payment of the initial installment of the purchase price of the
Bonds and deposit of the Borrower funds required pursuant to Section 5.01(c) of this Indenture;
(e) an opinion of Bond Counsel substantially to the effect that the Bonds
constitute legal, valid and binding obligations of the Issuer and that under existing statutes,
regulations, rulings and court decisions, the interest on the Tax-Exempt Bonds is not includable in
gross income of the Owners (other than an Owner who is a “substantial user” of the Project or a
“related person” to a “substantial user,” as defined in Section 147(a) of the Code) for federal income
tax purposes;
(f) an opinion of Counsel to the Borrower addressed to the Issuer and the
Trustee, in form and substance satisfactory to the Issuer; and
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(g) an original investor letter executed by the initial purchaser(s) of the Bonds, in
substantially the form set forth in Exhibit B hereto.
Section 3.03 Registered Bonds. The Bonds shall be in fully registered form and shall be
payable in accordance with the provisions hereof and of the Bonds to the Owner thereof as shown on
the records maintained by the Trustee. The Bonds shall be initially issued as a certificated instrument
and shall not be held in book-entry form.
Section 3.04 Loss, Theft, Destruction or Mutilation of Bonds. In the event a Bond is
mutilated, lost, stolen or destroyed, the Issuer may execute and the Trustee may authenticate and
deliver a new Bond bearing a notation indicating the principal amount outstanding, in exchange for
the mutilated Bond, or in substitution for a Bond so destroyed, lost or stolen. In every case of
exchange or substitution, the applicant shall furnish to the Issuer and the Trustee (i) such security or
indemnity as may be required by them to save them harmless from all risks, however remote, and
(ii) evidence to their satisfaction of the mutilation, destruction, loss or theft of a Bond and of the
ownership thereof. Upon the issuance of a Bond upon such exchange or substitution, th e Trustee
may require the payment of a sum sufficient to cover any tax or other governmental charge that may
be imposed in relation thereto and any other expenses, including counsel fees, of the Issuer and the
Trustee. In case a Bond shall become mutilated or be destroyed, lost or stolen, the Trustee may,
instead of authenticating a Bond in exchange or substitution therefor, pay or authorize the payment of
the same (without surrender thereof except in the case of a mutilated Bond) if the applicant for such
payment shall furnish to the Issuer and the Trustee such security or indemnity as they may require to
save them harmless and evidence satisfactory to them of the mutilation, destruction, loss or theft of
the Bond and of the ownership thereof.
Section 3.05 Terms of Bonds Generally.
(a) Registration; Denomination. The Bonds shall be issued only as a single fully
registered bond, without coupons in the principal amount equal to the aggregate of the purchase price
of the Bond advanced from time to time by the Owners. Thereafter, the Bonds shall be issuable in
any Authorized Denomination required to effect transfers, exchanges or redemptions permitted or
required by this Indenture. The Bonds shall be substantially in the form of Exhibit A hereto, with
such amendments and changes as the officer executing the same shall deem appropriate.
(b) Date and Maturity. All Bonds shall be dated the Closing Date. The Bonds
shall bear interest until paid in full, payable for the periods, in the amounts, at the rates, and as
provided in Section 3.06 hereof. The Bonds shall mature on the Maturity Date, unless sooner
redeemed or accelerated.
(c) Payment. The principal of and interest on the Bonds shall be payable in
lawful money of the United States of America by check or draft of the Trustee. Payments of interest
and of principal upon redemption pursuant to Section 4.01(f) hereof shall be mailed by first-class
mail to the Owners of the Bonds at their addresses appearing on the records of the Trustee; provided,
however, that the payment to the Servicer shall, upon written request of the Servicer, be transmitted
by the Trustee by wire transfer or other means requested in writing by the Servicer. Payment of the
principal (other than upon redemption pursuant to Section 4.01(f) hereof) of a Bond shall only be
made upon surrender of the Bond at the Principal Office of the Trustee. Notwithstanding anything in
this Indenture to the contrary, all payments of principal and interest with respect to Bonds owned by
the Majority Owner shall, at the written requ est of the Majority Owner, be made by wire transfer to
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the Majority Owner without the requirement of surrender of such Bonds under any circumstances,
except upon the final maturity or payment or redemption in full of the Bonds.
(d) Notice of Payment of Principal. Within five Business Days of each payment
by the Trustee of principal on the Bonds the Trustee will notify the Issuer via mutually acceptable
electronic means, with receipt confirmed by the Trustee of the aggregate principal amount of Bonds
that remain Outstanding or that no Bonds remain Outstanding.
Section 3.06 Interest on the Bonds.
(a) General. The cumulative principal amount of the Bonds for which
installment purchase payments have been received by the Trustee shall bear interest at the applicable
rate provided below. On each Interest Payment Date, interest accrued for the previous Calculation
Period shall be payable. Prior to the Conversion Date, interest on the Bonds shall be computed on
the basis of a 360 day year for the actual number of days elapsed and on and after the Conversion
Date, interest on the Bonds shall be computed on the basis of a 360 day year of 12 equal months of
30 days each.
(b) Interest Rate. During the Initial Interest Rate Period, except as provided in
subsections (d) or (e) of this Section, the Outstanding Bonds shall bear interest at the Interest Rate.
(c) Permanent Fixed Rate. From and after the Conversion Date, except as
provided in subsections (d) or (e) of this Section, the Outstanding Bonds shall bear interest at the
Permanent Fixed Rate. Not less than thirty (30) days prior to the Conversion Date, the Trustee shall
provide notice by first-class mail, postage prepaid, to all Owners (with a copy to the Issuer and the
Borrower) at their addresses shown on the bond register providing t hat the interest rate on Bonds
remaining Outstanding after the Conversion Date will be converted to the Permanent Fixed Rate
effective on the Conversion Date. Failure to mail any such notice or any defect in the mailing thereof
in respect of any Bond shall not affect the validity of the conversion of the interest rate with respect
to any Bond.
(d) Alternative Rate. Following the occurrence of an Event of Default under the
Loan Agreement or an Event of Default under this Indenture, the Bonds shall bear interes t at the
Alternative Rate.
(e) Taxable Rate. If an Initial Notification of Taxability shall occur, the Tax-
Exempt Bonds shall bear interest from the date of such Initial Notification of Taxability at the
taxable rate, described in the Notes. If such Initial Notification of Taxability is reversed by the
Internal Revenue Service or a court of competent jurisdiction and a Determination of Taxability has
not occurred, then the Tax-Exempt Bonds shall bear interest from the date of such reversal at the rate
applicable to the Tax-Exempt Bonds prior to the Initial Notification of Taxability and the Owners
shall refund to the Borrower on or prior to the next succeeding Bond Payment Date, the excess
interest previously paid. This provision shall survive the discharge o f this Indenture.
(f) Additional Interest. The Owners of the Bonds shall also be entitled to
Additional Interest, which amount, if any, shall be deposited in the Revenue Fund pursuant to the
provisions of Section 3.2(b) of the Loan Agreement.
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(g) Usury. Notwithstanding any provision of this Indenture to the contrary, in no
event shall the interest contracted for, charged or received in connection with the Bonds (including
any other costs or considerations that constitute interest under the laws of the State which are
contracted for, charged or received pursuant to this Indenture) exceed the maximum rate of
nonusurious interest allowed under the laws of the State as presently in effect and to the extent of any
increase allowable by such laws. To the extent permitted by law, interest contracted for, charged or
received on the Bonds shall be allocated over the entire term of the Bonds, to the end that interest
paid on the Bonds does not exceed the maximum amount permitted to be paid thereon by law.
Excess interest, if any, provided for in this Indenture, or otherwise, shall be canceled automatically as
of the date of such acceleration or, if theretofore paid, shall be credited as principal paid on the
Bonds.
Section 3.07 Payment of Principal of and Interest on the Bonds. Principal of and
interest on the Bonds shall be payable in the following manner: (i) commencing the first day of the
second month after the month in which the Closing Date occurs and continuing on each Interest
Payment Date thereafter until the Conversion Date, interest on the Outstanding principal balance of
the Bonds (which amount shall reflect so much of the purchase price as shall have been paid pursuant
to Section 3.01(b)) at the applicable interest rate for the Bonds shall be due and payable in arrears;
(ii) on the Conversion Date, a single payment of interest due in advance for the period beginning on
the Conversion Date to the first day of the month following the Conversion Date at the Permanent
Fixed Rate shall be due and payable; (iii) commencing on the first day of the month following the
first full month after the Conversion Date and continuing on each Interest Payment Date thereafter
until the Maturity Date, payments of principal and interest in arrears on the Bonds shall be due and
payable in accordance with the terms of the Note; and (iv) the entire unpaid principal balance of the
Bonds, the Prepayment Equalization Payment (if any) and all accrued and unpaid interest (including
any Additional Interest) shall be due and payable in full on the Maturity Date, if not paid earlier. To
the extent more than one Bond is issued and Outstanding at any one time under the terms of this
Indenture, payments of principal, interest and premium (if any) on the Bonds shall be made in a pro
rata manner based on the Outstanding principal amount of the Bonds.
Section 3.08 Execution and Authentication of Bonds.
(a) The Bonds shall be executed on behalf of the Issuer by the manual or
facsimile signature of the Chair of the Board of Supervisors of the Issuer.
(b) In case any officer of the Issuer whose signature or facsimile signature shall
appear on any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall
have been actually delivered, such Bonds may, nevertheless, be delivered as herein provided, and
may be issued as if the persons who signed or sealed such Bonds had not ceased to hold such offices
or be so employed. Any Bond may be signed and sealed on behalf of the Issuer by such persons as,
at the actual time of the execution of such Bond, shall be duly autho rized or hold the proper office in
or employment by the Issuer, although at the date of delivery of the Bonds such persons may not
have been so authorized nor have held such office or employment.
(c) No Bond shall be valid or obligatory for any purpose or shal l be entitled to
any right or benefit under this Indenture unless there shall be endorsed on such Bond a certificate of
authentication in the form set forth in such Bond duly executed by the Trustee, by the manual
signature of an authorized signatory there of, and such certificate of the Trustee upon any Bond
executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been
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duly issued under this Indenture and that the Owner thereof is entitled to the benefits of this
Indenture.
Section 3.09 Negotiability, Transfer and Registry of Bonds.
(a) All the Bonds issued under this Indenture shall be negotiable, subject to the
provisions for registration and transfer contained in this Indenture and in the Bonds. So long as this
Indenture remains in force, the Trustee, as registrar, shall maintain and keep books for the
recordation of the taxpayer identification number of each of the Owners of the Bonds and the
registration, transfer and exchange of Bonds. Each Bond shall be transferable only upon the books of
registration. The Trustee is appointed registrar, to act as agent of the Issuer for the registration and
transfer of Bonds and the maintenance of the books of registration. The Issuer may appoint a
successor registrar upon notice by mail to the Trustee and the Owners of the Bonds.
(b) Upon a partial redemption of the Bonds, the Trustee shall note in the
Trustee’s records the partial redemption and the outstanding amount of the Bonds shall be
conclusively presumed to be in accordance with the Trustee’s records. If a Bond shall be transferred
in part, such Bond shall be delivered to the registrar, and the Trustee shall, on behalf of the Issuer,
deliver two Bonds in replacement therefor, having the same maturity and interest provisions and in
the same aggregate principal amount as the Bond so delivered.
(c) Upon surrender of the Bonds at the Principal Office of the Trustee with a
written instrument of transfer satisfactory to the Trustee, duly executed by the Owner or his attorney
duly authorized in writing, such Bonds may, at the option of the Owner thereof, be exchanged for an
equal aggregate principal amount of Bonds in Authorized Denominations.
(d) The Borrower shall bear all costs in connection with any transfer or exchange
of Bonds, including the reasonable fees and expenses of the Issuer, Bond Counsel and the Trustee
and of any required indemnity for the Issuer and the Trustee; provided that the costs of any tax or
other governmental charge imposed upon such transfer or exchange shall be borne by the Owner of
the Bond.
(e) Bonds shall be transferred upon presentation and surrender thereof at the
Principal Office of the Trustee by the Owner thereof or his attorney duly authorized in writing with
due endorsement for transfer or accompanied by a written instrument of transfer in form satisfactory
to the Trustee. All Bonds surrendered in any exchanges or transfers shall forthwith be canceled. For
every such exchange or transfer of Bonds, there shall be made a charge sufficient to pay any tax or
other governmental charge required to be paid with respect to such exchange or transfer, which sum
or sums shall be paid by the Owner requesting such exchange or transfer as a condition precedent to
the exercise of the privilege of making such exchange or transfer. The Trustee shall not be obligated
to (i) authenticate, exchange or transfer any Bond during a period beginning at the opening of
business on any Record Date and ending at the close of business on the next succeeding Interest
Payment Date, (ii) authenticate, exchange or transfer any Bond during a period beginning at the
opening of business 15 days next preceding any selection of Bonds to be redeemed and ending at the
close of business on the date of the first giving of notice of such redemption, or (iii) transfer or
exchange any Bonds called or being called for redemption in whole or in part.
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(f) The Bonds may be transferred in whole by their Owner only as follows:
(i) to the Borrower, any subsidiary of the initial Owner, any Affiliate of
the Owner, any entity arising out of any merger or consolidation of the Owner, or a trustee in
bankruptcy of the Owner;
(ii) to any Accredited Investor, or any entity in which all of the equity
owners are Accredited Investors, or any Qualified Institutional Buyer; or
(iii) to any bank, savings institution or insurance company (whether acting
in a trustee or custodial capacity for any Accredited Investor or Qualified Institutional Buyer or on its
own behalf).
Any transfer of Bonds described in clauses (ii), (iii) or (iv) of this Section 3.09(f)
shall be conditioned upon delivery by the proposed transferee to the Trustee of an investor letter in
substantially the form set forth in Exhibit B hereto. Except for such transfers as are permitted under
Section 3.09(g) below, prior to the Conversion Date there shall be not more than one (1) Owner of
the Bonds at any one time without the prior written consent of the Issuer.
(g) In addition to any transfer permitted by Section 3.09(f), the Bonds may be
transferred, in whole or in part to one or more Owners upon receipt by the Issuer, each Owner
making such transfer, and the Trustee of (i) any disclosure document which is prepared in connection
with such transfer, (ii) evidence that the Bonds are rated “A” or better by one of S&P or Moody’s,
and (iii) an opinion of Bond Counsel to the effect that (A) the exemption of the Tax-Exempt Bonds
or any securities evidenced thereby from the registration requirements of the Securities Act of 1933,
as amended, and the exemption of this Indenture from qualification under the T rust Indenture Act of
1939, as amended, will not be impaired as a result of such transfer, and (B) such transfer will not
adversely affect the exclusion of interest accrued on the Tax-Exempt Bonds from gross income of the
Owners thereof (other than an Owner who is a “substantial user” of the Project or a “related person”
to a “substantial user,” as defined in Section 147(a) of the Code) for federal income tax purposes.
Section 3.10 Ownership of Bonds. The Issuer, the Trustee and any other Person may treat
the registered owner of any Bond as the absolute owner thereof, whether such Bond shall be overdue
or not, for the purpose of receiving payment of, or on account of, the principal or redemption price of
and interest on such Bond and for all other purposes whatsoever, and payment of the principal or
redemption price, if any, of and interest on any such Bond shall be made only to, or upon the order
of, such registered owner. All such payments to such registered owner shall be valid and effectual to
satisfy and discharge the liability of the Issuer upon such Bond to the extent of the sum or sums so
paid, and neither the Issuer nor any Trustee shall be affected by any notice to the contrary.
Section 3.11 Payments on Bonds Due on Non-Business Days. In any case where any
Bond Payment Date shall be a day other than a Business Day, then payment of the Bonds need not be
made on such date but may be made on the next succeeding Business Day with the same force and
effect as if made on the Bond Payment Date, and no interest shall accrue for the period from and
after such date.
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Section 3.12 Registration of Bonds in the Book-Entry Only System.
(a) Notwithstanding any provision herein to the contrary, the provisions of this
Section 3.12 and the Representation Letter (as defined below) (i) shall not apply unless the Bonds are
rated “A” or better by one of S&P or Moody’s, and (ii) shall apply with respect to any Bond
registered to Cede & Co. or any other nominee of The Depository Trust Company (“DTC”) while the
Book-Entry Only System (meaning the system of registration described in paragraph (b) of this
Section 3.12) is in effect. The Book-Entry Only System shall become effective thirty (30) days after
the Owners of all the Bonds provide notice in writing to the Trustee, the Borrower, and the Issuer
that they are requesting that the Bonds be held in a Book-Entry Only System, subject to the
provisions below concerning termination of the Book-Entry Only System. Until all of the Owners of
the Bonds provide such notice, the Book-Entry Only System shall not be in effect. In addition, the
Bonds shall not be held in a Book-Entry Only System unless the Issuer and the Trustee shall have
received written evidence that the Bonds are rated “A” or better by one of S&P or Moody’s.
(b) Upon the effectiveness of the Book-Entry Only System, the Issuer shall
execute and deliver, and the Trustee shall transfer and exchange Bond certificates for a separate
single authenticated fully registered Bond for each stated maturity in substantially the form provided
for in Exhibit A hereto. Any legend required to be on the Bonds by DTC may be added by the
Trustee. On the date of delivery thereof, the Bonds shall be registered in the registry books of the
Trustee in the name of Cede & Co., as nominee of DTC as agent for the Issuer in maintaining the
Book-Entry Only System. With respect to Bonds registered in the registry books kept by the Trustee
in the name of Cede & Co., as nominee of DTC, the Issuer, the Borrower, and the Trustee shall have
no responsibility or obligation to any Participant (which means securities brokers and dealers, banks,
trust companies, clearing corporations and various other entities, some of whom or their
representatives own DTC) or to any Beneficial Owner (which means, when used with reference to
the Book-Entry Only System, the Person who is considered the Beneficial Owner of the Bonds
pursuant to the arrangements for book entry determination of ownership applicable to DTC) with
respect to the following: (i) the accuracy of the records of DTC, Cede & Co. or any Participant w ith
respect to any ownership interest in the Bonds, (ii) the delivery to or from any Participant, any
Beneficial Owner (as defined pursuant to the Book-Entry Only System or any other Person, other
than DTC, of any notice with respect to the Bonds, includin g any notice of redemption or tender
(whether mandatory or optional), or (iii) the payment to any Participant, any Beneficial Owner or any
other Person, other than DTC, of any amount with respect to the principal or premium, if any, or
interest on the Bonds. The Trustee shall pay all principal of and premium, if any, and interest on the
Bonds only to or upon the order of DTC or its nominee, and all such payments shall be valid and
effective fully to satisfy and discharge the Issuer’s obligations with respect to the principal of any
premium, if any, and interest on Bonds to the extent of the sum or sums so paid. No Person other
than DTC or its nominee shall be entitled to receive an authenticated Bond evidencing the obligation
of the Issuer to make payments of principal and premium, if any, and interest pursuant to this
Indenture. Upon delivery by DTC to the Trustee of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., the words “Cede & Co.” in this
Indenture shall refer to such new nominee of DTC.
(c) Upon receipt by the Trustee of written notice from DTC to the effect that
DTC is unable or unwilling to discharge its responsibilities, the Issuer shall issue and the Trustee
shall transfer and exchange Bonds as requested by DTC in appropriate amounts and in Authorized
Denominations, and whenever DTC requests the Issuer and the Trustee to do so, the Trustee and the
Issuer will, at the expense of the Borrower, cooperate with DTC in taking appropriate action after
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reasonable notice (i) to arrange for a substitute bond depository willing and able upon reasonable and
customary terms to maintain custody of the Bonds or (ii) to make available for transfer and exchange
Bonds registered in whatever name or names and in whatever authorized denominations as DTC
shall designate.
(d) In the event the Beneficial Owners subsequently determine that the Beneficial
Owners should be able to obtain Bond certificates, the Beneficial Owners may so notify DTC and the
Trustee, whereupon DTC will notify the Participants of the availability through DTC of Bond
certificates. In such event, the Issuer shall issue and the Trustee shall, at the expense of the
Beneficial Owners, transfer and exchange Bond certificates as requested by DTC in appropriate
amounts and in Authorized Denominations. Whenever DTC requests the Trustee to do so, the
Trustee will, at the expense of the Beneficial Owners, cooperate with DTC in taking appropriate
action after reasonable notice to make available for transfer and exchange Bonds registered in
whatever name or names and in whatever Authorized Denominations as DTC shall designate.
(e) Notwithstanding any other provision of this Indenture to the contrary, so long
as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect
to the principal of, premium, if any, and interest on such Bond and all notices with respect to s uch
Bond shall be made and given, respectively, to DTC as provided in the Letter of Representation to be
delivered by the Borrower and the Trustee to DTC (the “Representation Letter”).
(f) Notwithstanding any provision herein to the contrary, so long as the Bo nds
outstanding are held in the Book-Entry Only System, if less than all of such Bonds of a maturity are
to be redeemed upon any redemption of Bonds hereunder, the particular Bonds or portions of Bonds
to be redeemed shall be selected by DTC in such manner as DTC may determine.
(g) So long as the Book-Entry Only System is in effect, a Beneficial Owner who
elects to have its Bonds purchased pursuant to this Indenture shall effect delivery by causing a
Participant to transfer the Beneficial Owner’s interest in th e Bonds pursuant to the Book-Entry Only
System. The requirement for physical delivery of Bonds in connection with a demand for purchase
or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are
transferred in accordance with the Book-Entry Only System.
ARTICLE IV
REDEMPTION OF BONDS
Section 4.01 Mandatory Redemption. The Bonds shall be subject to mandatory
redemption, and shall be redeemed prior to maturity, as follows:
(a) in whole or in part on the first Interest Payment Date for which notice ca n be
given in accordance with this Indenture after the Completion Date to the extent of excess funds on
deposit on such date in the Loan Account of the Project Fund, determined as provided in Section 5.03
of this Indenture; or
(b) in whole or in part on the first Interest Payment Date for which adequate
notice can be given in accordance with this Indenture after and to the extent that Insurance Proceeds
or a Condemnation Award in connection with the Project are deposited in the Insurance and
Condemnation Account of the Project Fund and are not to be used to repair or restore the Project
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(which unused Condemnation Award or Insurance Proceeds shall be applied to the redemption of
Bonds, unless all of the Owners shall have approved a proposed alternative applicatio n of such funds
and the Trustee and the Servicer shall have received an opinion of Bond Counsel to the effect that
such proposed alternative application of such funds will not adversely affect the exclusion from gross
income of Owners (other than an Owner who is a “substantial user” of the Project or a “related
person” to a “substantial user,” as defined in Section 147(a) of the Code)); or
(c) in whole on the first Interest Payment Date for which notice can be given to
the Owners in accordance with this Indenture following receipt by the Trustee of notice from the
Servicer demanding such redemption, following a Determination of Taxability; or
(d) in whole or in part, on any day on or after the Conversion Date, from the
proceeds of a prepayment by the Borrower of the Loan derived from any source of funds including
without limitation, proceeds of any refunding or refinancing received by the Borrower, if so directed
by the Borrower in a writing delivered to the Trustee at least 12 Business Days prior to the
Conversion Date, subject to the terms of the applicable Note; or
(e) on the Conversion Date, in an amount sufficient to reduce the aggregate
principal amount of Outstanding Bonds to the lesser of $___________ or the amount necessary to
achieve compliance with the Conditions to Conversion; or
(f) on and after the Conversion Date, in part in amounts corresponding to the
principal payments of the Loan made pursuant to the terms of the applicable Note; or
(g) in whole, following receipt by the Trustee of notice from the Servicer stating
that an Event of Default has occurred under the Loan Agreement or the Construction Disbursement
Agreement and demanding redemption of the Bonds, on any date selected by the Servicer, specified
in a notice in writing delivered to the Borrower at least ten (10) days prior to such date ; or
(h) in whole or in part on any date, from the proceeds of a prepayment by the
Borrower of the Loan that is required pursuant to the Notes, the Construction Disbursement
Agreement or the Loan Agreement.
Section 4.02 Redemption Price of Bonds Redeemed Pursuant to Mandatory
Redemption. Any Bonds being redeemed before maturity in accordance with Section 4.01 of this
Indenture shall be redeemed at a redemption price equal to the principal amount of the Bonds being
redeemed, together with accrued interest to the date of redemption, plus (a) the Prepayment
Equalization Payment, if redemption is under Section 4.01(a), (b), (c), (d), (g) or (h), and
(b) Additional Interest, if redemption is under Section 4.01(c).
Section 4.03 Optional Redemption. The Bonds may be redeemed from the proceeds of
an optional prepayment of the Loan by the Borrower (a) prior to the Conversion Date, in whole or in
part at any time prior to the Conversion Date and (b) on and after the Conversion Date, in either case
to the extent of permitted prepayments under the terms of the Notes.
Section 4.04 [Reserved].
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Section 4.05 Notice of Redemption.
(a) Notice of redemption shall be given by the Trustee to the Owners and the
Borrower by facsimile transmission or other similar electronic means of communication, promptly
confirmed in writing, not less than ten (10) Business Days prior to the date fixed for redemption;
provided, that no notice of redemption shall be required to be given to Owners for a redemption
pursuant to Sections 4.01(e), (f) or (g) of this Indenture. Receipt of such notice of redemption shall
not be a condition precedent to such redemption, and failure to so notify any such reg istered Owners
shall not affect the validity of the proceedings for the redemption of the Bonds.
(b) Notice of redemption having been given as provided in subsection (a) of this
Section 4.05 and all conditions precedent, if any, specified in such notice having been satisfied, the
Bonds or portions thereof so to be redeemed shall become due and payable on the date fixed for
redemption at the redemption price specified therein plus any accrued interest to the redemption date,
and upon presentation and surrender thereof at the place specified in such notice, such Bonds or
portions thereof shall be paid at the redemption price, plus any accrued interest to the redemption
date. On and after the redemption date (unless funds for the payment of the redemption price an d
accrued interest shall not have been provided to the Trustee), (i) such Bonds shall cease to bear
interest and (ii) such Bonds shall no longer be considered as Outstanding under this Indenture.
Section 4.06 Selection of Bonds To Be Redeemed.
(a) Except as otherwise expressly set forth herein, if less than all the Bonds are to
be redeemed, the particular Bonds or portions of Bonds to be redeemed shall be selected by the
Trustee, in such manner as the Trustee in its sole discretion may deem fair and appropriate so that
Bonds are redeemed, as nearly as practicable, from each Owner, if there is more than one Owner, on
a pro rata basis according to the principal amount of Bonds represented by each Bond Outstanding.
(b) In making such selection, the Trustee may treat each Bond to be redeemed as
representing that number of Bonds of the lowest Authorized Denomination as is obtained by dividing
the principal amount of such Bond by such Authorized Denomination.
Section 4.07 Partial Redemption of Registered Bonds.
(a) In case part but not all of a Bond shall be selected for redemption, upon
presentation and surrender at the Principal Office of the Trustee of such Bond by the Owner thereof
or his attorney duly authorized in writing (with due endorsement for transfer or accompanied by a
written instrument of transfer in form satisfactory to the Trustee), the Issuer shall execute and the
Trustee shall authenticate and deliver to or upon the order of such Owner, without charge therefor,
for the unredeemed portion of the principal amount of the Bond so surrendered, a Bond or Bonds, at
the option of such Owner, of any Authorized Denomination of like tenor; provided, however, that
such surrender of Bonds shall not be required for payment of the redemption price pursuant to
Sections 4.01(g) or 4.01(h) hereof. Bonds so presented and surrendered shall be canceled in
accordance with this Indenture.
(b) In the event of a partial redemption of Bonds or any failure of all of the
Bonds authorized hereunder to be purchased through the “drawdown” mechanism pursuant to
Section 3.01(b) through the Conversion Date, the mandatory sinking fund payments shall be adjusted
to provide for approximately equal monthly payments of principal and interest at the applicable rate
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hereunder (taking into account minimum denominations of the Bonds) on the respective Bonds
remaining Outstanding after taking into account such partial redemption. If requested by the Trustee,
the Servicer shall provide the Trustee with a mandatory sinking fund schedule reflecting such
adjustment.
ARTICLE V
ESTABLISHMENT OF CERTAIN FUNDS AND ACCOUNTS,
APPLICATION THEREOF AND SECURITY THEREFOR
Section 5.01 Establishment of Funds and Accounts; Application of Proceeds of the
Bonds; and Other Amounts.
(a) The following Funds and Accounts are created and established as special trust
funds:
(i) the Project Fund, consisting of:
(A) the Tax-Exempt Loan Account;
(B) the Taxable Loan Account;
(C) the Insurance and Condemnation Proceeds Account; and
(D) the Equity Account;
(ii) the Tax and Insurance Fund;
(iii) the Revenue Fund; and
(iv) the Rebate Fund.
(b) All the Funds and Accounts created by subsection (a) of this Section 5.01
shall be held by the Trustee in trust for application only in accordance with the provisions of this
Indenture.
(c) The initial installment for the sale of the Tax-Exempt Bonds ($__________),
shall be applied as follows:
(i) $__________, representing the proceeds of the sale of the Tax-
Exempt Bonds, shall be deposited in the Tax-Exempt Loan Account of the Project Fund.
(d) The initial installment for the sale of the Taxable Bonds ($__________), shall
be applied as follows:
(i) $__________, representing the proceeds of the sale of the Taxable
Bonds, shall be deposited in the Taxable Loan Account of the Project Fund.
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Section 5.02 Project Fund.
(a) Deposit of Moneys. The amount specified in Section 5.01(c) shall be
deposited in the Tax-Exempt Loan Account of the Project Fund. The amount specified in Section
5.01(d) shall be deposited in the Taxable Loan Account of the Project Fund. The Tax-Exempt Loan
Account and the Taxable Loan Account of the Project Fund shall be funded from time to time as and
when installments of the purchase price of the Tax-Exempt Bonds and Taxable Bonds, respectively,
are paid by the Owners pursuant to Section 3.01(b) hereof. Any amounts received by the Trustee
from the Guarantor, and any amounts received by the Trustee from the Borrower in response to
demands by the Trustee or the Servicer for deposits of Borrower’s funds shall be deposited in the
Equity Account of the Project Fund. All Condemnation Awards and Insurance Proceeds shall be
deposited in the Insurance and Condemnation Proceeds Account of the Project Fund. Any other
funds directed by the Issuer, the Servicer or the Borrower to be deposited in the Project Fund which
are not required to be otherwise deposited or disbursed shall be so deposited by the Trustee upon
receipt of funds and such direction.
(b) Use of Moneys.
(i) Loan Account and Equity Account. The Trustee shall make payments
from the Loan Accounts for the purpose of paying the Qualified Costs of the Project. The Trustee
shall make payments from the Equity Account to pay (A) all costs of construction and equipping of
the Project other than Qualified Costs of the Project and (B) to the extent amounts on deposit in the
Loan Accounts are insufficient for such purposes, all Qualified Costs of the Project. Disbursements
from the Loan Accounts and the Equity Account shall be made by the Trustee upon receipt of a
Requisition, executed by an Authorized Representative of the Borrower and approved by an
Authorized Representative of the Servicer.
(ii) Insurance and Condemnation Proceeds Account. The Trustee shall
make all disbursements from the Insurance and Condemnation Proceeds Account only upon the
receipt by the Trustee of the written request of the Borrower accompanied by the written approval of
the Servicer and in accordance with the provisions of Section 5.04 hereof.
(iii) Acceleration. Upon the occurrence and continuation of an Event of
Default hereunder and an acceleration of the Bonds pursuant thereto, all moneys and investments in
the Project Fund shall be transferred to the Revenue Fund and applied to the payment of the Bonds.
(c) Requisitions. The Trustee may rely fully on the representations of the
Borrower contained in any Requisition, and upon the written approval of the Servicer set forth on any
Requisition, delivered pursuant to the Loan Agreement, this Indenture and the Construction
Disbursement Agreement, and shall not be required to make any investigatio n or inspection of the
Project in connection therewith.
Section 5.03 Use of Moneys Following Completion. Moneys (including investment
proceeds but net of amounts to be retained to pay Qualified Costs of the Project (i) incurred but not
then due and payable or (ii) allocated to construction contingency, marketing or operating expenses
after the Completion Date, but only to the extent permitted by the Tax Certificate) held in the Loan
Accounts shall be transferred immediately after the Completion Date to the Revenue Fund for
application to the redemption of Bonds pursuant to Section 4.01(a) of this Indenture. Moneys held in
the Equity Account shall be released to or upon the order of the Borrower, when the Servicer has
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notified the Trustee that the following condition has been satisfied or waived by the Servicer: the
Borrower has obtained, and applied to costs of the Project in accordance with the requirements of the
Construction Disbursement Agreement, all funds required to be paid by the Borrower pursuant to the
Construction Disbursement Agreement.
Section 5.04 Condemnation Awards and Insurance Proceeds.
(a) Moneys representing a Condemnation Award or Insurance Proceeds shall be
deposited into the Insurance and Condemnation Proceeds Account of the Project Fund, and notice of
such deposit thereof shall be given by the Trustee to the Servicer.
(b) To the extent there has been a determination pursuant to the Loan Documents
to restore the Project, such Condemnation Award or Insurance Proceeds as have been approved for
disbursement by the Servicer shall be disbursed by the Trustee to or for the account of the Borrower,
in accordance with terms, conditions and procedures specified by the Servicer to the Trustee, for
application by the Borrower for such purposes in accordance with the provisions of the Loan
Documents.
(c) In the event there is a determination pursuant to the Loan Documents not to
restore the Project, such Condemnation Award or Insurance Proceeds shall be either (i) transferred to
the Revenue Fund and applied to the redemption of Bonds in accordance with Section 4.01(c) hereof,
or (ii) released to the Borrower if the Borrower obtains, and delivers to the Trustee, the Issuer and the
Servicer an opinion of Bond Counsel that such release will not affect the excludability of the interest
on the Tax-Exempt Bonds from the gross income of Owners (other than an Owner who is a
“substantial user” of the Project or a “related person” to a “substantial user,” as defined in
Section 147(a) of the Code) for federal income tax purposes, all in accordance w ith written direction
of the Servicer to the Trustee and subject to the provisions of the Loan Documents.
Section 5.05 Tax and Insurance Fund; Replacement Reserve; Operating Reserve.
There shall be deposited in the Tax and Insurance Fund all moneys received for such p urpose by the
Issuer or the Trustee from the Borrower pursuant to Section 5.22(i) of the Loan Agreement or
transferred pursuant to Section 5.06 of this Indenture. Moneys in the Tax and Insurance Fund shall
be disbursed by the Trustee with the consent of the Servicer, as provided in Section 5.22(i) of the
Loan Agreement. Moneys delivered by the Borrower to the Trustee pursuant to Section 5.22(b) of
the Loan Agreement shall be paid over by the Trustee to the Bank, for deposit by the Bank in the
[Replacement Reserve maintained by the Bank pursuant to the Replacement Reserve Agreement.]
Moneys delivered by the Borrower to the Trustee pursuant to Section 5.22(c) of the Loan Agreement
shall be paid over by the Trustee to the Bank, for deposit by the Bank in the [Operating Reserve
maintained by the Bank pursuant to the Construction Disbursement Agreement.][KMO PLEASE
ADVISE]
Section 5.06 Revenue Fund.
(a) There shall be deposited in the Revenue Fund all amounts transferred from
the Project Fund or received from the Borrower pursuant to Section 3.2 of the Loan Agreement with
respect to the Loan Documents or from the Guarantor under the Guaranty, including pa yments of
interest and principal and voluntary and involuntary prepayments of the Loan and investment
earnings on investments held in the Funds and Accounts created by this Indenture (except as
otherwise provided in Section 5.07 and Section 5.09).
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(b) Amounts in the Revenue Fund shall be applied to the following items in the
following order of priority:
(i) on each Interest Payment Date, to the payment of interest on the
Bonds;
(ii) on each Bond Payment Date, to the payment of the principal of or
redemption price (or purchase price in the event of an election by Borrower under Section 4.04) of,
interest on, and any Prepayment Equalization Payment or Additional Interest due with respect to, the
Bonds;
(iii) on the first day of each month, to the payment of any required deposit
in the Tax and Insurance Fund;
(iv) on the first day of each month, to the payment of the fees of the
Issuer, the Trustee, the Majority Owner and the Servicer, if any (including any extension fee due and
owing under Section 3.2(b) of the Loan Agreement), due and owing under the Loan Documents and
this Indenture;
(v) on the first day of each month, to the payment of any other amounts
then due and owing under the Loan Documents; and
(vi) on the first day of each month, to the Borrower or such other party as
may be legally entitled thereto;
provided, that amounts transferred from the Loan Account shall only be applied to the redemption of
Bonds pursuant to Section 4.01(a) and amounts transferred from the Loan Account prior to the
Completion Date shall only be applied to the payment of interest on the Bonds pursuant to
Section 5.06(b)(i) above and, after the Completion Date, to the redemption of Bonds pursuant to
Section 4.01(a).
(c) Amounts paid as interest under clauses (i) and (ii) of subsection (b) above
shall be paid ratably to the Owners of Outstanding Bonds entitled to receive such payments
according to the amounts due to such Owners, without preference or priority or distinction among
Outstanding Bonds. Amounts paid as Additional Interest or as a Prepayment Equalization Payment
shall be paid to the Owners of Bonds entitled to receive such payments.
(d) Upon the payment in full of the Bonds and the fees and expenses of the Issuer
and the Trustee and the payment of amounts payable to the United States pursuant to Section 5.07
hereof, any amounts remaining in the Revenue Fund (except amounts held for future payment to the
United States pursuant to Section 5.07 hereof) shall be paid to the Borrower as soon as practicable.
Section 5.07 Rebate Fund.
(a) The Rebate Fund shall be held and applied as provided in this Section 5.07.
All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust for payment,
to the extent required under the Code and as calculated by the Rebate Analyst, for payment to the
United States Government. None of the Issuer, the Borrower or the Owners shall have any rights in
or claim to such moneys. All amounts deposited into or on deposit in the Rebate Fund shall be
governed by this Section and by the Tax Certificate.
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(b) The Trustee shall make information regarding the Tax-Exempt Bonds and the
investments hereunder available to the Borrower promptly upon written request, shall make deposits
to and disbursements from the Rebate Fund in accordance with the directions received from the
Authorized Representative of the Borrower, shall invest moneys in the Rebate Fund pursuant to said
directions and shall deposit income from such investments pursuant to said directions, and shall make
payments to the United States of America in accordance with writte n directions received from the
Borrower.
(c) Notwithstanding any provision of this Indenture to the contrary, the Trustee
shall not be liable or responsible for any calculation or determination which may be required in
connection with or for the purpose of complying with Section 148 of the Code or any applicable
Treasury regulation (the “Arbitrage Rules”), including, without limitation, the calculation of amounts
required to be paid to the United States under the provisions of the Arbitrage Rules and the fair
market value of any investment made hereunder, it being understood and agreed that the sole
obligation of the Trustee with respect to investments of funds hereunder shall be to invest the moneys
received by the Trustee pursuant to the written instructions o f the Authorized Representative of the
Borrower given in accordance with Section 5.08 hereof. The Trustee shall have no responsibility for
determining whether or not the investments made pursuant to the direction of the Borrower or any of
the instructions received by the Trustee under this Section comply with the requirements of the
Arbitrage Rules and shall have no responsibility for monitoring the obligations of the Borrower or
the Issuer for compliance with the provisions of the Indenture with respect to the Arbitrage Rules.
(d) Notwithstanding any provision of this Indenture to the contrary, the
obligation to remit payment of the rebate amount to the United States and to comply with all other
requirements of this Section 5.07 shall survive the defeasance or payment in full of the Tax-Exempt
Bonds.
(e) Any funds remaining in the Rebate Fund after redemption and payment of all
of the Tax-Exempt Bonds and payment and satisfaction of any Rebate Requirement, or provision
made therefor satisfactory to the Trustee, shall be withdrawn and remitted to the Borrower.
(f) The Trustee shall obtain and keep directions of the Borrower made pursuant
to this Section 5.07. The Trustee shall keep and make available to the Borrower such records
concerning the investments of the gross proceeds of the Tax-Exempt Bonds and the investments of
earnings from those investments as may be requested by the Borrower in order to enable the
Borrower to cause the Rebate Analyst to make the aforesaid computations as are required under
Section 148(f) of the Code.
(g) Notwithstanding the foregoing, the computations and payments of rebate
amounts referred to in this Section 5.07 need not be made if there shall have been delivered to the
Trustee, the Issuer and the Servicer an opinion of Bond Counsel to the effect that such withdrawal
and payment are not necessary in order to establish or maintain the exclusion from gross income of
Owners (other than an Owner who is a “substantial user” of the Project or a “related person” to a
“substantial user,” as defined in Section 147(a) of the Code) of interest on the Tax-Exempt Bonds. In
the event Bond Counsel so opines, the moneys on deposit in the Rebate Fund shall be applied to such
purpose as the Borrower shall direct, provided that the Borrower shall deliver to the Issuer, the
Trustee and the Servicer an opinion of Bond Counsel to the effect that such application will not
adversely affect the exclusion from gross income of Owners (other than an Owner who is a
“substantial user” of the Project or a “related person” to a “substantial user,” as defined in
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Section 147(a) of the Code) of interest on the Tax-Exempt Bonds for purposes of federal income
taxation.
Section 5.08 Moneys Held in Trust; Investment of Moneys.
(a) All moneys from time to time received by the Trustee and held in the Funds
and Accounts (other than the Rebate Fund) shall be held in trust as security for the benefit of the
Owners of the Bonds. All such moneys, including the moneys held in the Rebate Fund, shall be
invested as provided in this Indenture.
(b) Any money held as part of the funds and accounts shall be invested or
reinvested by the Trustee solely pursuant to written direction from the Borrower, and reasonably
consented to in writing by the Majority Owner, in Investment Securities (the Trustee may rely upon
the written direction of the Borrower that such investments are Investment Securities). All such
Investment Securities shall mature or be subject to withdrawal or redemption without discount or
penalty prior to the next Bond Payment Date. In addition, following receipt by a written notice of an
Event of Default (as defined in the Loan Agreement), the Trustee shall invest and reinvest the money
it holds as part of the funds and accounts at the written direction of the Majority Owner. Except as
described below, any investment made with money on deposit in a Fund or Account shall be held by
or under control of the Trustee and shall be deemed at all times a part of the Fund or Account where
such money was on deposit, and the interest and profits realized from such i nvestment shall be
credited to such Fund or Account and any loss resulting from such investment shall be charged to
such Fund or Account. In the absence of the receipt of any investment instructions as provided
herein, the Trustee shall invest all money under its control in investments described in clause (h) of
the definition of Investment Securities.
(c) Any investment of money may be made by the Trustee through its own bond
department, investment department or other commercial banking department or Affiliat e of the
Trustee providing investment services. The Trustee, any such department or the Trustee’s Affiliates
may receive reasonable and customary compensation in connection with any investment made under
this Indenture.
(d) The Trustee shall have no liability or responsibility for any depreciation of
the value of any investment made in accordance with the provisions of this Section or for any loss
resulting from such investment or redemption, sale or maturity thereof except for any loss that is the
result of gross negligence or willful misconduct of the Trustee.
(e) Unless otherwise confirmed in writing, an account statement delivered by the
Trustee to the Borrower or the Majority Owner, as the case may be, shall be deemed written
confirmation by said party that the investment transactions identified therein accurately reflect the
investment directions given to the Trustee by said party, unless said party notifies the Trustee in
writing to the contrary within thirty (30) days of the date of receipt of such statement .
(f) The Issuer and the Borrower (by their execution of the Loan Agreement) each
acknowledge that to the extent regulations of the Office of the Comptroller of the Currency or other
applicable regulatory entity grant the Issuer or the Borrower the right to re ceive brokerage
confirmations of security transactions as they occur, the Issuer and the Borrower specifically waive
receipt of such confirmations to the extent permitted by law. The Trustee will furnish to the Issuer,
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the Majority Owner and the Borrower periodic cash transaction statements that shall include detail
for all investment transactions made by the Trustee hereunder.
(g) Except as otherwise provided in subsection (h) of this Section, the Issuer and
the Borrower (by their execution of the Loan Agreement) each covenant that all investments of
amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise
containing Gross Proceeds of the Bonds (within the meaning of Section 148 of the Code) shall be
acquired, disposed of, and valued (as of the date that valuation is required by this Indenture or the
Code) at Fair Market Value.
(h) The Issuer and the Borrower (by their execution of the Loan Agreement) each
covenant that investments in funds or accounts (or portions thereof) th at are subject to a yield
restriction under applicable provisions of the Code and (unless valuation is undertaken at least
annually) investments in any reserve fund shall be valued at their present value (within the meaning
of Section 148 of the Code).
Section 5.09 Investment Earnings. Earnings on investments held in the Loan Account s,
the Equity Account, and the Insurance and Condemnation Proceeds Account shall be retained in the
applicable Loan Account, the Equity Account, and the Insurance and Condemnation Proceeds
Account, respectively, for application pursuant to Sections 5.02, 5.03, 5.04 and 5.05 hereof.
Earnings on all investments held in the Revenue Fund shall be retained in the Revenue Fund for
application pursuant to Section 5.06 hereof. Earnings on investments held in the Tax and Insurance
Fund and in the Rebate Fund shall be retained therein and applied in the manner prescribed by
Sections 5.05 and 5.07 hereof, respectively.
Section 5.10 Covenants Respecting Arbitrage and Rebate. The Trustee shall keep and
make available to the Borrower such records concerning the investment of the gross proceeds of the
Tax-Exempt Bonds and the investments of earnings from those investments as may be requested by
the Borrower in order to enable the Borrower to fulfill the requirements of Section 148(f) of the
Code.
Section 5.11 Records. The Trustee shall keep and maintain adequate records pertaining to
the Funds and Accounts established hereunder, including all deposits to and disbursements made by
the Trustee from said funds and accounts. The Trustee shall retain in its possession all certifications
and other documents presented to it, all such records and all records of principal and interest paid on
the Bonds, subject to the inspection of the Borrower, the Issuer, the Trustee and the Owners of th e
Bonds and their representatives at all reasonable times and upon reasonable prior notice.
Section 5.12 Reports From the Trustee. The Trustee shall, on or before the tenth (10th)
day of each month and annually on or before November 1, file with the Servicer, the Borrower and
the Issuer a statement setting forth in respect to the preceding calendar month or year:
(a) the amount withdrawn or transferred by it and the amount deposited within or
on account of each Fund and Account held by it under the provisions of this Indenture, including the
amount of investment income on each Fund and Account;
(b) the amount on deposit with it at the end of such month to the credit of each
Fund and Account;
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(c) a brief description of all obligations held by it as an investment of moneys in
each such Fund and Account;
(d) the amount applied to the purchase or redemption of Bonds and a description
of the Bonds or portions of Bonds so purchased or redeemed; and
(e) any other information which the Borrower, the Servicer or the Issuer may
reasonably request and to which the Trustee has access in the ordinary course of its operations.
Upon the written request of any Owner or Owners of twenty-five percent (25%) or more in
aggregate principal amount of Bonds then Outstanding, the Trustee, at the cost of the Borrower, shall
provide a copy of such statement to the Owners of the Bonds. All records and files pertaining to the
Trust Estate shall be open at all reasonable times to the inspection of the Servicer and its agents and
representatives upon reasonable prior notice.
ARTICLE VI
DEFAULT PROVISIONS; REMEDIES
Section 6.01 Events of Default. Each of the following events is declared an “Event of
Default” under this Indenture:
(a) The failure to pay any installment of principal or the redemption price of any
Bond or any Prepayment Equalization Payment within 10 days of the date when and as the same
shall become due and payable, whether at maturity or by call for redemption or otherwise;
(b) The failure to pay any installment of interest on any Bond within 10 days of
the date when the same shall become due and payable; or
(c) The failure by the Issuer to perform or observe any other covenant, agreement
or condition on its part contained in this Indenture or in the Bonds, and such failure shall continue for
a period of thirty (30) days after written notice thereof to the Issuer and the Borrower by the Trustee
or by the Majority Owner, provided, however, that if the default shall be such that it cannot be
corrected within such period, it shall not constitute an Event of Default if corrective action is
instituted by the Issuer or the Borrower within the applicable period and diligently pursued until the
default is corrected; and provided, further, that the time elapsed until completion of corrective action
shall not exceed 60 days without the consent of the Majority Owner, which consent will not be
unreasonably withheld or conditioned; or
(d) Default in the timely payment of any installment of the fees payable to the
Issuer pursuant to the Regulatory Agreement, and the continuance thereof for a period of thi rty (30)
days after written notice to the Trustee, the Borrower and the Servicer has been given by the Issuer,
which default shall not be subject to waiver by the Servicer or the Trustee; or
(e) The Trustee shall have received written notice from the Issuer th at a default
under the Regulatory Agreement has occurred and is continuing past any applicable notice and cure
periods.
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Any notice of a default hereunder shall be given to the Investor Limited Partner at its Notice
Address, and the Investor Limited Partner shall have the right to cure any default hereunder on the
same terms as the Borrower.
Section 6.02 Remedies.
(a) Except as otherwise provided in this Article, the Trustee shall take only such
actions in respect of an Event of Default as it shall be directed in writing to take by the Servicer (or in
the case of an Event of Default arising under Section 6.01(d) or (e), the Issuer). Such actions may
include the following:
(i) Declaration of all Outstanding Bonds to be immediately due and
payable, whereupon such Bonds shall become and be immediately due and payable, anything in the
Bonds or in this Indenture to the contrary notwithstanding. In such event, there shall be due and
payable on the Bonds an amount equal to the total principal amount of all such Bonds, plus all
interest accrued thereon and which will accrue thereon to the date of payment and all unpaid interest
on the Bonds on the date of payment.
(ii) Implementation of actions for the recovery of the amounts due on the
Note, the Loan Agreement and the other Loan Documents;
(iii) Foreclosure or realization upon the collateral held by the Borrower for
the obligations of the Borrower under the Loan Documents; and
(iv) Implementation of such other rights and remedies as may be available
under the Loan Documents, the Guaranty or applicable law.
(b) At any time after the principal of the Bonds shall have been so declared to be
due and payable and before the entry of final judgment or decree in any suit, action or proceeding
instituted on account of such default, or before the completion of the enforcement of any other
remedy under this Indenture, the Trustee, if so directed by the Servicer (or in the case of an Event of
Default arising under Section 6.01(d) or (e), the Issuer), shall annul such declaration and its
consequences with respect to any Bonds not then due by their terms. In such event, the Issuer, the
Borrower, the Trustee and all of the Owners shall be restored to the same position as before the
occurrence of the Event of Default. No such annulment shall extend to or affect any subseque nt
Event of Default or impair any right consequent thereon.
Section 6.03 Additional Remedies and Enforcement of Remedies. Upon the occurrence
and continuation of any Event of Default, the Trustee, if and to the extent directed by the Servicer (or
in the case of an Event of Default arising under Section 6.01(d) or (e), the Issuer), may proceed
forthwith to protect and enforce its rights and the rights of the Owners under the Act, the Bonds and
this Indenture by such suits, actions or proceedings as the Servicer, in its sole discretion, shall deem
expedient.
Section 6.04 Application of Revenues and Other Moneys After Default.
(a) If an Event of Default shall occur and shall not have been remedied, the
Trustee shall transfer to the Revenue Fund (i) forthwith, all moneys and securities then held in any
other Fund or Account under this Indenture other than amounts held in the Rebate Fund and (ii) as
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promptly as practicable after receipt thereof, all revenues and other payments or receipts pledged
under this Indenture and all proceeds realized as a result of remedial action under the Loan
Documents and the Guaranty.
(b) During the continuation of an Event of Default, the Trustee shall apply such
moneys, securities, revenues, payments and receipts and the income therefrom as follows and in the
following order:
(i) To the payment of Trustee Expenses;
(ii) To the payment of the amounts required to reimburse the Owners of
the Bonds and the Issuer for any reasonable legal or other out of pocket costs incurred by them in
connection with such remedial action and the reasonable fees and expenses of the Issuer in carrying
out this Indenture or the Loan Documents;
(iii) To the payment of the interest and principal installments or
redemption price then due and payable on the Bonds, as follows:
(A) Unless the principal of all of the Bonds shall have become or
have been declared due and payable;
First: To the payment to the Persons entitled thereto of all
installments of interest then due and payable in the order of the maturity of such installments, and, if
the amount available shall not be sufficient to pay in full any installment or installments maturing on
the same date, then to the payment thereof ratably, according to the amounts due thereon to the
Persons entitled thereto, without any discrimination or preference; and
Second: To the payment to the Persons entitled thereto of the unpaid
principal installments or redemption price of any Bonds which shall have become due and payable,
whether at maturity or by call for redemption, in the order of their due dates, and if the amou nts
available shall not be sufficient to pay in full all the Bonds due and payable on any date, then to the
payment thereof ratably, according to the amounts of principal installments or redemption price due
on such date, to the Persons entitled thereto, without any discrimination or preference.
(B) If the principal of all of the Bonds shall have become or have
been declared due and payable, to the payment of the principal and interest then due and unpaid upon
the Bonds without preference or priority of principal over interest or of interest over principal, or of
any installment of interest over any other installment of interest, or of any Bond over any other Bond,
ratably, according to the amounts due respectively for principal and interest, to the Persons enti tled
thereto without any discrimination or preference (except as to any difference as to the respective rates
of interest specified in the Bonds); and
(iv) To the payment of fees then due and owing to the Issuer; and
(v) Notwithstanding anything contained herein to the contrary, the
Servicer may by written notice to the Trustee direct the application of funds other than in the manner
set forth above (except that the priority of payment of Trustee Expenses shall not be altered),
including, without limitation, the application of funds between the principal of or interest on the
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Bonds. Any such determination by the Servicer shall be deemed conclusive, and the Issuer and the
Trustee shall have no liability for the tax consequences of said determination.
Section 6.05 Remedies Not Exclusive. No remedy by the terms of this Indenture
conferred upon or reserved to the Trustee or the Owners of the Bonds is intended to be exclusive of
any other remedy, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Indenture or existing at law or in equity or by statute (including
the Act) on or after the date of adoption of this Indenture.
Section 6.06 Remedies Vested in Trustee and Servicer . All rights of action (including
the right to file proof of claims) under this Indenture or under any of the Bonds may be enforced by
the Trustee and the Servicer without the possession of any of the Bonds or the production thereof in
any trial or other proceedings relating thereto. Subject to the rights of the Se rvicer to direct
proceedings hereunder, any such suit or proceeding instituted by the Trustee shall be brought in its
name under the authority herein granted without the necessity of joining as plaintiffs or defendants
any Owners of the Bonds. Any recover y of judgment shall be for the equal benefit of the Owners of
the Outstanding Bonds.
Section 6.07 Individual Bond Owners Action Restricted.
(a) No Owner of any Bond other than the Servicer (if it is the Owner of any
Bond) or the Majority Owner shall have any right to institute any suit, action or proceeding in equity
or at law for the enforcement of this Indenture or for the execution of any trust under this Indenture
or for any remedy under this Indenture.
(b) Nothing contained in this Indenture shall affect or impair, or be construed to
affect or impair, the right of the Owner of any Bond (i) to receive payment of the principal of or
interest on such Bond on or after the due date thereof or (ii) to institute suit for the enforcement of
any such payment on or after such due date; provided, however, no Owner of any Bond may institute
or prosecute any such suit or enter judgment therein, if, and to the extent that, the institution or
prosecution of such suit or the entry of judgment therein, under applicable law, would result in the
surrender, impairment, waiver or loss of the lien of this Indenture on the moneys, funds and
properties pledged under this Indenture for the equal and ratable benefit of all Owners of the Bonds
appertaining thereto.
Section 6.08 Termination of Proceedings. In case any proceeding taken by the Servicer
or by the Trustee at the direction of the Servicer on account of any Event of Default shall have been
discontinued or abandoned for any reason or shall have been determined adversely to the Owners of
the Bonds, the Issuer, the Trustee, the Borrower and the Owners of the Bonds shall be restored to
their former positions and rights under this Indenture, and all rights, remedies and powers of the such
parties shall continue as if no such proceeding had been taken.
Section 6.09 Waiver and Non-Waiver of Event of Default.
(a) No delay or omission of the Trustee, the Servicer or the Owners of the Bonds
to exercise any right or power accruing upon any Event of Default shall impair any such right or
power or shall be construed to be a waiver of any such Event of Default or an acquiescence therein.
Every power and remedy given by this Article VI to any party may be exercised from time to time
and as often as may be deemed expedient.
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(b) In case of any waiver by the Trustee, acting upon the direction of the
Servicer, of an Event of Default under this Indenture, the Issuer, the Trustee and the Owners of the
Bonds shall be restored to their former positions and rights under this Indenture, respectively, but no
such waiver shall extend to any subsequent or other Event of Default or impair any right consequent
thereon.
Section 6.10 Servicer Controls Proceedings. If an Event of Default shall have occurred
and be continuing, notwithstanding anything in this Indenture to the contrary, the Servicer shall have
the right, at any time, by an instrument in writing executed and delivered to the Trustee, to direct the
method and place of conducting any proceedings to be taken in connection with the enforcement of
the terms and conditions of this Indenture or any other proceedings under this Indenture and subject
to Section 7.02 of this Indenture; provided, however, that such direction is in accordance with law
and the provisions of this Indenture; provided that nothing in this Section 6.10 shall impair the right
of the Trustee in its discretion to take any other action under this Indenture which it may deem proper
and which is not inconsistent with such direction by the Servicer, nor shall it impair the Issuer’s right
to direct the Trustee to the extent permitted by Section 6.02.
ARTICLE VII
CONCERNING THE TRUSTEE
Section 7.01 Trustee; Appointment and Acceptance of Duties.
(a) The Issuer appoints U.S. Bank Trust Company, National Association as
trustee hereunder. The Trustee shall signify its acceptance of the duties and obligations imposed
upon it by this Indenture by executing this Indenture.
(b) Unless otherwise provided, the corporate trust offices of the Trustee are
designated as the respective offices or agencies of the Trustee for the authentication and delivery of
Bonds.
Section 7.02 Responsibilities of Trustee.
(a) The recitals of fact herein and in the Bonds contained (other than the
certificate of authentication) shall be taken as the statements of the Issuer and the Trustee assumes no
responsibility for the correctness of the same. The Trustee makes no representati ons as to the
validity or sufficiency of this Indenture or of any Bonds issued hereunder or as to the security
afforded by this Indenture, and the Trustee shall incur no liability in respect thereof. The Trustee
shall be under no responsibility or duty with respect to the application of any moneys properly paid
to it except as provided herein or as otherwise expressly agreed by the Trustee. Except for a
declaration of acceleration under Section 6.02 hereof or the payment of principal and interest on the
Bonds from moneys on deposit with the Trustee, the Trustee shall be under no obligation or duty to
perform any act that would involve it in expense or liability or to institute or defend any suit in
respect of this Indenture or to advance any of its own mon eys, unless indemnified to its reasonable
satisfaction. Subject to the provisions of subsection (b) of this Section 7.02, the Trustee shall not be
liable in connection with the performance of its duties under this Indenture except for its own
negligence or willful misconduct.
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(b) The Trustee, prior to the occurrence of an Event of Default and after the
curing or waiver of all Events of Default that may have occurred, undertakes to perform such duties
and only such duties as are specifically set forth in this I ndenture. In case an Event of Default has
occurred (and has not been cured within any applicable grace period or waived) and subject to the
rights of the Servicer with respect to control of remedies following an Event of Default hereunder,
the Trustee shall exercise such of the rights and powers vested in it by this Indenture and use the
same degree of care and skill in their exercise as a prudent person would exercise or use under the
circumstances in the conduct of such person’s own affairs. Any provisi ons of this Indenture relating
to action taken or to be taken by the Trustee or to evidence upon which the Trustee may rely shall be
subject to the provisions of this Section 7.02.
(c) The Trustee shall cooperate fully with the Servicer in the enforcement and
protection of the rights of the Owners of the Bonds to the fullest extent possible under this Indenture,
the Loan Documents and applicable law. Toward this end, the Trustee shall take such action as
directed by the Servicer, including foreclosure of the Secured Property under the Mortgage, suit for
specific performance of the Loan Documents or for damages for nonperformance thereof and
assignment of the Loan Documents to the Owners of the Bonds for purposes of enforcing the rights
of the Owners of the Bonds; provided, that without the prior written consent of the Issuer, the
Servicer shall give the Trustee no direction as to the enforcement of the Reserved Rights, which
shall, except with the prior written consent of the Issuer, be enforceable only by the Issuer.
(d) The Trustee shall not take any discretionary action under the Loan
Documents (although approval or disapproval of disbursement of Loan proceeds and investment
earnings thereon under the Loan Agreement shall be made in accordance with the terms of Ar ticle V
hereof) without the written approval of the Servicer and shall, subject to the proviso of paragraph (c)
of this section, take such discretionary action permitted or required under the Loan Documents, as
may be directed in writing by the Servicer.
(e) The Trustee shall notify the Servicer of any notification received by the
Trustee under or pursuant to the Loan Documents promptly after receipt of said notice.
(f) If any Event of Default occurs and is continuing hereunder and if the Trustee
has received written notice thereof or is deemed to have notice pursuant to this Indenture, the Trustee
shall give to all Owners, the Issuer and the Borrower written notice of such default or Event of
Default within thirty (30) days after receipt of such information. For the purpose of this Section 7.02
only, the term “default” means any event which is, or after notice or lapse of time or both would
become, an Event of Default under Section 6.01 hereof.
(g) Promptly upon receipt of notice of the occurrence of a Determinati on of
Taxability, the Trustee shall give immediate telephonic notice, promptly confirmed in writing, to the
Borrower, the Issuer, the Owners and former Owners (provided that the Trustee shall not be
obligated to maintain records of such former Owners or to retain records relating to such former
Owners for more than six years).
(h) The Trustee shall not be required to take notice or be deemed to have notice
of any Event of Default hereunder or under the Loan Agreement except for a default or Event of
Default referred to in Section 6.01(a), (b) or (c) hereof, unless the Trustee shall have received written
notice of such Event of Default by the Issuer, the Borrower, the Servicer or by the Owners of not less
than 25% in aggregate principal amount of the Bonds then Outstanding.
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(i) The Trustee shall have no responsibility for, and makes no representations
with respect to, any information, statement, or recital in any official statement, offering memorandum
or any other disclosure material prepared or distributed with respect to the Bonds.
(j) The Trustee is authorized and directed to execute in its capacity as Trustee the
Loan Agreement and the Subordination Agreement and, in acting pursuant to such agreements, shall
be entitled to the limitations from liability and protection s afforded to the Trustee under this
Indenture.
(k) Anything to the contrary notwithstanding, the Trustee shall not be required to
enter, take possession of, or take any other action whatsoever with respect to the Project and the
Land, and shall not be required to initiate foreclosure proceedings with respect to the Project and the
Land and the Mortgage unless the Trustee is satisfied that the Trustee will not be subject to any
liability under any local, state or federal environmental laws or regulations of any kind whatsoever or
from any circumstances present at the Project and the Land relating to the presence, use,
management, disposal of, or contamination by any environmentally hazardous materials or
substances of any kind whatsoever.
(l) No provision of this Indenture, the Loan Agreement or any other document
related hereto shall require the Trustee to risk or advance its own funds or otherwise incur any
financial liability in the performance of its duties or the exercise of its rights hereunder.
(m) The immunities extended to the Trustee also extend to its directors, officers,
employees and agents.
(n) The Trustee shall not be liable for any action taken or not taken by it in
accordance with the direction of the Servicer relating to the exercise of any right, power or r emedy
available to the Trustee.
(o) The permissive right of the Trustee to do things enumerated in this Indenture
shall not be construed as a duty.
Section 7.03 Evidence on Which Trustee May Act.
(a) The Trustee, upon receipt of any notice, resolution, request, consent, order,
certificate, report, opinion, bond, or other paper or document furnished to it pursuant to any provision
of this Indenture, shall examine such instrument to determine whether it conforms to the
requirements of this Indenture and shall be protected in acti ng upon any such instrument believed by
it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may
consult with counsel selected by it in respect of any action taken or suffered by the Trustee under this
Indenture and shall be protected in acting or not acting in good faith reliance on the opinion or advice
of such counsel.
(b) Except as otherwise expressly provided in this Indenture, any request, order,
notice or other direction required or permitted to be furnished pursuant to any provision of this
Indenture by the Issuer to any Trustee shall be sufficiently executed if executed in the name of the
Issuer by an Authorized Representative of the Issuer.
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Section 7.04 Compensation. The Borrower shall pay to the Trustee, as provided in the
Loan Agreement, from time to time reasonable compensation for all services rendered under this
Indenture and also all reasonable expenses, charges, counsel fees and other disbursements, including
those of its attorneys, agents, and employees, incurred in and about the performance of their powers
and duties under this Indenture.
Section 7.05 Certain Permitted Acts. The Trustee may become the owner or pledgee of
any Bonds with the same rights it would have if it were not the Trustee. To the extent permitted by
law, the Trustee may act as depository for, and permit any of its officers or directors to act as a
member of, or in any other capacity with respect to, any committee formed to protect the rights of
Owners of the Bonds or to effect or aid in any reorganizati on growing out of the enforcement of the
Bonds or this Indenture, whether or not any such committee shall represent the Owners of a majority
in principal amount of the Bonds then Outstanding.
Section 7.06 Resignation of Trustee. The Trustee may resign at any time and be
discharged of the duties and obligations created by this Indenture by giving not less than sixty (60)
days’ written notice to the Issuer, the Borrower and the Owners of the Bonds, provided that no
resignation shall become effective until the acceptance of appointment by a successor Trustee as
provided in Section 7.08 of this Indenture. If an instrument of acceptance by a successor Trustee
shall not have been delivered to the Trustee within 60 days after the giving of such notice of
resignation, the retiring Trustee may petition, at the expense of the Borrower, any court of competent
jurisdiction for the appointment of a successor Trustee.
Section 7.07 Removal of Trustee. The Trustee may be removed at any time by an
instrument or concurrent instruments in writing, signed by the Issuer or by the Servicer (subject to
the prior written consent of the Issuer, which consent shall not be unreasonably withheld or delayed,
if such removal is not for cause) and filed with the Trustee and the Borrower; provided that no
removal shall become effective until the acceptance of appointment by a successor Trustee as
provided in Section 7.08 of this Indenture.
Section 7.08 Appointment of Successor Trustee; Temporary Trustee . In case at any
time the Trustee shall resign or shall be removed or shall become incapable of acting, or shall be
adjudged bankrupt or insolvent, or if a receiver, liquidator or conservator of the Trustee, or of its
property, shall be appointed, or if any public officer shall take charge or control of the Trustee, or of
its property or affairs, the Issuer shall appoint a successor Trustee.
Section 7.09 Transfer of Rights and Property to Successor Trustee. Any successor
Trustee appointed under this Indenture shall execute, acknowledge and deliver to its predecessor, and
also to the Issuer, the Servicer and to any Owner which shall request the same, an instrument
accepting such appointment and thereupon such successor Trustee, without any further act, deed or
conveyance, shall become fully vested with all moneys, estates, properties, rights, p owers, duties and
obligations of such predecessor Trustee, with like effect as if originally named; but the Trustee
ceasing to act nevertheless, shall execute, acknowledge and deliver such instruments of conveyance
and further assurance and do such other things as reasonably may be required for more fully and
certainly vesting and confirming in such successor all the right, title and interest of the predecessor
Trustee in and to any property held by it under this Indenture, and shall pay over, assign and de liver
to the successor Trustee any money or other property subject to the trusts and conditions set forth in
or pursuant to this Indenture. Should any deed, conveyance or instrument in writing from the Issuer
be required by such successor Trustee for more fully and certainly vesting in and confirming any
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such estates, rights, powers and duties, any and all such deeds, conveyances and instruments in
writing, on request and so far as may be authorized by law, shall be executed, acknowledged and
delivered by the Issuer.
Section 7.10 Merger or Consolidation of Trustee. Any company into which the Trustee
may be merged or converted or with which it may be consolidated or any company resulting from
any merger, conversion or consolidation to which it may be party or any compan y to which the
Trustee may sell or transfer all or substantially all of its corporate trust business, provided such
company shall be a bank or trust company organized under the laws of any state of the United States
or a national banking association, and shall be authorized by law to perform all the duties imposed
upon it by this Indenture, shall be the successor to the Trustee without the execution or filing of any
paper or the performance of any further act.
Section 7.11 Servicer. The Majority Owner may (but shall not be obligated to) appoint
(with prompt notice thereof to the Issuer and the Borrower) a mortgage servicer to service the Loan
for all or a portion of the term of the Loan. The Servicer shall signify its acceptance of the duties and
obligations imposed upon it by this Indenture by executing the Servicing Agreement. Any Servicer
appointed hereunder may be removed at any time, with or without cause, by the Majority Owner, by
written notice to the Issuer, the Trustee, the Borrower and the Servicer. At any t ime when a Servicer
has not been appointed or when a Servicer has been removed without appointment of a successor
Servicer, pursuant to this Section 7.11, all references in this Indenture and in the Loan Documents to
the Servicer shall be deemed to refer t o the Majority Owner. The Servicer may, with the prior
written consent of the Majority Owner, appoint an agent as subservicer to perform the duties of the
Servicer under the Servicing Agreement.
ARTICLE VIII
AMENDMENTS AND SUPPLEMENTAL INDENTURES;
AMENDMENTS OF ISSUER DOCUMENTS
Section 8.01 Supplemental Indentures Not Requiring Consent of Owners of Bonds.
The Issuer and the Trustee may, without the consent of, or notice to, the Owners of any Bonds (but
only with the prior written consent of the Servicer, if any one person or e ntity owns at least fifty-one
percent (51%) in aggregate principal amount of the Outstanding Bonds, and with notice to the
Servicer and the Borrower), enter into one or more Supplemental Indentures for any one or more of
the following purposes:
(a) to cure any ambiguity or formal defect or omission in this Indenture;
(b) to grant to or confer any additional benefits, rights, remedies, powers or
authorities that may lawfully be granted to or conferred upon the Owners of the Bonds or the Trustee,
or to make any change which, in the judgment of the Servicer, is not to the prejudice of the Owners
of the Bonds;
(c) to subject to the pledge and lien of this Indenture additional revenues,
properties and collateral;
(d) to evidence the appointment of a separate Trustee or co-Trustee or the
succession of a new Trustee; or
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(e) to modify, amend or supplement the provisions of this Indenture or any
Supplemental Indenture in such manner as the Issuer may deem necessary or desirable to maintain
the exclusion from gross income of Owners (other than an Owner who is a “substantial user” of the
Project or a “related person” to a “substantial user,” as defined in Section 147(a) of the Code) for
purposes of federal income taxation of interest on the Bonds.
Section 8.02 Supplemental Indentures Requiring Consent of Owners of Bonds.
(a) Exclusive of Supplemental Indentures covered by Section 8.01 of this
Indenture and subject to the terms and provisions contained in this Section 8.02, and not otherwise,
neither the Issuer nor the Trustee shall enter into any amendment, change or modification of this
Indenture without the prior written consent of the Owners of not less than two thirds in aggregate
principal amount of the Bonds then Outstanding; provided, however, that nothing in this Section 8.02
contained shall permit, or be construed as permitting, without the consent of the Owners of all of the
Bonds, (i) an extension of the maturity date of the principal of or the interest on any Bond, (ii) a
reduction in the principal amount of any Bond or the rate of interest thereo n, (iii) change in a
privilege or priority of any Bond or Bonds over any other Bond or Bonds, (iv) a reduction in the
percentages of the Owners of the Outstanding Bonds required for consent to such Supplemental
Indenture, (v) the creation of any lien other than a lien ratably securing all of the Bonds at any time
Outstanding or (vi) any reduction of the trusts, powers, rights, obligations, duties, remedies,
immunities and privileges of the Trustee.
(b) If at any time the Issuer and the Trustee shall desire to execute and deliver a
Supplemental Indenture for any of the purposes of this Section 8.02, the Trustee shall, upon being
provided with reasonably satisfactory arrangements for payment of its fees and expenses, cause
notice of the proposed execution of such Supplemental Indenture to be mailed by registered or
certified mail to each Owner of the Bonds. Such notice shall briefly set forth the nature of the
proposed Supplemental Indenture and shall state that copies thereof are on file at the Principal Office
of the Trustee for inspection by all Owners of the Bonds. If within 60 days or such longer period as
shall be prescribed by the Issuer following the giving of such notice, the Owners of not less than
two-thirds in aggregate principal amount of the Bonds Ou tstanding at the time of the execution of
any such Supplemental Indenture shall have consented to and approved the execution thereof as
herein provided, no Owner of any Bond shall have any right to object to any of the terms and
provisions contained therein, or the operation thereof, or in any manner to question the propriety of
the execution thereof, or to enjoin or restrain the Issuer from adopting the same or from taking any
action pursuant to the provisions thereof. Subject to Section 8.04 hereof, upon the execution of any
such Supplemental Indenture as in this Section 8.02 permitted and provided, this Indenture shall be
and be deemed to be modified and amended in accordance therewith.
Section 8.03 Reliance on Opinion of Counsel. The Trustee and the Issuer shall be
entitled to rely upon an opinion of Counsel stating that a Supplemental Indenture is authorized or
permitted by this Indenture, and prior to the execution and delivery of any Supplemental Indenture,
the Trustee, the Issuer, the Servicer shall be furnished with an opinion of Bond Counsel stating that
the provisions of such Supplemental Indenture will not cause the interest on the Tax-Exempt Bonds
to be includable in gross income of Owners (other than an Owner who is a “substantial user” of the
Project or a “related person” to a “substantial user,” as defined in Section 147(a) of the Code) for
purposes of federal income taxation.
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Section 8.04 Consents Required. Anything herein to the contrary notwithstanding, a
Supplemental Indenture described in Section 8.02 hereof which adversely affects any rights of the
Borrower, the Servicer or the Trustee shall not become effective unless and until the affected party
shall have consented in writing to the execution and delivery of such Supplemental Indenture. In this
regard, the Trustee shall cause notice of the proposed execution and delivery of any Supplemental
Indenture together with a copy of the proposed Supplemental Indenture to be mailed as provided in
Section 4.05 with respect to the redemption of Bonds to the Borrower and t he Servicer at least ten
(10) days before the date of its proposed execution and delivery.
Section 8.05 Amendments of Loan Documents Not Requiring Consent of Owners of
Bonds. The Issuer, the Trustee and the Borrower may, without the consent of or notice to any of the
Owners of Bonds (but only with the consent of the Servicer) enter into any amendment, change or
modification of any of the Loan Documents as may be required (a) by the provisions of the Loan
Agreement or this Indenture, (b) for the purpose of curing any ambiguity or formal defect or
omission therein, (c) so as to add additional rights and remedies for the benefit of Owners of the
Bonds, or (d) in connection with any other change therein which, in the judgment of the Trustee, is
not to the prejudice of the Trustee or, in the judgment of the Servicer, the Owners of the Bonds.
Section 8.06 Amendments of Loan Documents Requiring Consent of Owners of
Bonds. Except for the amendments, changes or modifications as provided in Section 8.05 hereof,
none of the Issuer, the Trustee or the Borrower shall enter into any other amendment, change or
modification of the Loan Documents without the mailing of notice and the written approval or
consent of the Owners of not less than 66 2/3% in aggregate principal amount of the Outstanding
Bonds; provided, however, that nothing in this Section or Section 8.05 hereof shall permit or be
construed as permitting without the consent of the Owners of all of the Bonds (a) an extension of the
time of the payment of any amounts payable under the Loan Documents, or (b) a reduction in the
amount of any payment or in the total amount due under the Loan Documents. If at any time the
Issuer, the Trustee or the Borrower shall desire the consent to any such proposed amendment, change
or modification, the Trustee shall, upon being satisfactorily indemnified with respect to fees and
expenses, cause notice of such proposed amendment, change or modification to be mailed in the
same manner as provided herein with respect to redemption of Bonds. Such notice shall b riefly set
forth the nature of such proposed amendment, change or modification and shall state that copies of
the instrument embodying the same are on file at the Principal Office of the Trustee for inspection by
all Owners of Bonds. If, within sixty (60) days, or such longer period as shall be prescribed by the
Trustee as the case may be, following the mailing of such notice, the Owners of 66 2/3% in aggregate
principal amount of the Bonds Outstanding at the time of the execution of any such amendment,
change or modification shall have consented to and approved the execution thereof as hereto
provided, no Owner of any Bond shall have any right to object to any of the terms and provisions
contained therein, or the operation thereof, or in any manner to ques tion the propriety of the
execution thereof, or to enjoin or restrain the Borrower or the Issuer or the Trustee, as the case may
be, from executing the same or from taking any action pursuant to the provisions thereof. The Issuer,
or the Trustee as the case may be, shall have the right to extend from time to time the period within
which such consent and approval may be obtained from Owners of the Bonds. Upon the execution
of any such amendment, change or modification as in this Section permitted and provi ded, the Issuer
Documents shall be and be deemed to be modified, changed and amended in accordance therewith.
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ARTICLE IX
DISCHARGE
Section 9.01 Discharge of Indenture. If the Issuer shall pay, or there shall otherwise be
paid, to the Owners of all Bonds the principal or redemption price, if applicable, and interest due
thereon, at the times and in the manner stipulated therein and in this Indenture and if all Trustee
Expenses and all amounts payable to the Issuer for its own account (including expenses and
indemnification) shall be paid in full, then the pledge of revenues, other moneys and securities under
this Indenture, and all covenants, agreements and other obligations of the Issuer to the Owners of
Bonds, shall thereupon cease, terminate and become void and be discharged a nd satisfied. In such
event, the Trustee shall cause an accounting for such period or periods as shall be requested by the
Issuer to be prepared and filed with the Issuer and, upon the request of the Issuer, shall execute and
deliver to the Issuer and the Borrower all such instruments as may be requested by the Borrower to
evidence such discharge and satisfaction, and the Trustee shall pay over or deliver as provided in
Article V hereof all moneys or securities held by them pursuant to this Indenture (exce pt as otherwise
specified in Section 5.07) after the payment of principal or redemption price, if applicable, of or
interest on Bonds. Notwithstanding the foregoing, upon such discharge the provisions of this
Indenture relating to the Rebate Fund and Sect ion 5.18(d) of the Loan Agreement shall continue in
effect.
Section 9.02 Discharge by Delivery. The obligation to pay the principal of and interest on
all or any portion of the Bonds (the “Bond Obligations”) may be discharged by the delivery of the
Bonds to the Trustee accompanied by written direction from the Owner(s) thereof to cancel such
Bonds without payment (except as provided hereafter in this Section 9.02), and upon such delivery,
such Bond Obligations shall be canceled and deemed paid. In the event only a portion of the Bond
Obligations shall be canceled and deemed paid pursuant to the terms of this Section 9.02, those Bond
Obligations which are not so canceled and deemed paid shall remain Outstanding for all purposes of
this Indenture; provided that if all Outstanding Bonds shall be delivered to the Trustee in accordance
with the terms of this Section 9.02 and all of the requirements for the discharge of this Indenture
(other than the payment of Bond Obligations) shall be paid and satisfied in full, then the T rustee shall
discharge and release the lien of this Indenture, assign to the Owner(s) of the Bonds all right, title and
interest of the Trustee in and to the Note, the Loan Agreement and the other Loan Documents,
deliver to the Owner(s) of the Bonds all moneys and securities held by the Trustee pursuant to this
Indenture (except as otherwise specified in Section 5.07) up to an amount necessary to pay in full all
of the principal of and interest on the Bonds through such cancellation and any other amounts du e
under the Loan Documents, and execute and deliver such releases or other instruments requisite to
release the lien hereof.
Section 9.03 Discharge by Deposit. The obligation to pay the principal of and interest on
all or a portion of the Bonds may be discharged if the Issuer or the Borrower has deposited or caused
to be deposited, as trust funds, with the Trustee cash and/or Government Obligations which do not
permit the redemption thereof at the option of the issuer thereof, the principal of and interest on
which when due (or upon the redemption thereof at the option of the Owner), will, without
reinvestment, provide cash which together with the cash, if any, on deposit with the Trustee at the
same time, shall be sufficient, to pay and discharge the entire indebtednes s on Bonds not theretofore
canceled by the Trustee or delivered to the Trustee for cancellation by the payment of interest on and
principal of the Bonds which have become due and payable or which shall become due at their stated
maturity or redemption date, as the case may be (the “Defeasance Collateral”), and which are to be
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discharged under the provisions hereof, and has made arrangements satisfactory to the Trustee for the
giving of notice of redemption, if any, by the Trustee in the name, and at the exp ense, of the
Borrower. If the period over which payments will be made from the Defeasance Collateral is greater
than ninety (90) days, the Borrower must also deliver to the Trustee a verification report prepared by
a certified public accountant, with respect to the sufficiency of the Defeasance Collateral to make
such payments. In addition, to discharge the obligation to pay the principal and interest on the Bonds
pursuant to this Section 9.03, the Issuer or the Borrower must (i) obtain an opinion of Bond Counsel
addressed to the Issuer and the Trustee to the effect that all actions have been taken to cause the
defeasance of this Indenture and such actions will not adversely affect the excludability of interest on
the Tax-Exempt Bonds for federal income tax purposes under existing law, and (ii) provide written
notice to the Servicer of such discharge at least thirty (30) days in advance.
ARTICLE X
MISCELLANEOUS
Section 10.01 Evidence of Signatures of Bond Owners and Ownership of Bonds.
(a) Any request, consent, revocation of consent or other instrument that this
Indenture may require or permit to be signed and executed by the Owners may be in one or more
instruments of similar tenor, and shall be signed or executed by such Owners in person or by their
attorneys appointed in writing. The fact and date of the execution by any Owner of the Bonds or his
attorney of such instruments may be proved by a guaranty of the signature thereon by a bank, trust
company or national banking association or by the certificate of any notary public or ot her officer
authorized to take acknowledgments of deeds, that the person signing such request or other
instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such
execution, duly sworn to before such notary public or other officer. Where such execution is by an
officer of a corporation or association or a member of a partnership, on behalf of such corporation,
association or partnership, such signature guaranty, certificate or affidavit also shall constitute
sufficient proof of his authority.
(b) The ownership of Bonds and the amount, numbers and other identification,
and date of holding the same, shall be proved by the registry books maintained by the Trustee.
(c) Any request or consent by the Owner of any Bond shall bind all future
owners of such Bond in respect of anything done or suffered to be done by the Issuer or any Trustee
in accordance therewith.
Section 10.02 Bonds Not an Obligation of the State or Any Political Subdivision.
(a) Notwithstanding anything herein or in any other instrument to the contrary,
the Bonds are limited obligations of the Issuer, payable solely from the Trust Estate and other funds
and moneys pledged and assigned hereunder. None of the Issuer, the State, any political subdivision
thereof (except the Issuer, to the limited extent set forth herein) or any public agency shall in any
event be liable for the payment of the principal of, premium (if any) or interest on the bonds or for
the performance of any pledge, obligation or agreement of any kind whatsoever except as se t forth
herein, and none of the Bonds or any of the Issuer’s agreements or obligations shall be construed to
constitute an indebtedness of or a pledge of the faith and credit, or taxing power of, or a loan of the
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credit of, or a moral obligation of any of the foregoing within the meaning of any constitutional or
statutory provision whatsoever.
No agreements or provisions contained in this Indenture nor any agreement, covenant
or undertaking by the Issuer contained in any document executed by the Issuer in c onnection with the
Project, or the issuance, sale and delivery of the Bonds shall give rise to any pecuniary liability of the
Issuer or a charge against the general credit of the Issuer, or shall obligate the Issuer financially in
any way except as may be payable from the repayments by the Borrower under the Loan Agreement
and the proceeds of the Bonds and other amounts pledged hereunder as part of the Trust Estate. No
failure of the Issuer to comply with any term, condition, covenant or agreement herein o r in any
document executed by the Issuer in connection with the issuance and sale of the Bonds shall subject
the Issuer to liability for any claim for damages, costs or other financial or pecuniary charge except
to the extent that the same can be paid or r ecovered from the repayments by the Borrower under the
Loan Agreement or proceeds of the Bonds and other amounts pledged hereunder as part of the Trust
Estate. Nothing herein shall preclude a proper party in interest from seeking and obtaining, to the
extent permitted by law, specific performance against the Issuer for any failure to comply with any
term, condition, covenant or agreement herein, provided that no costs, expenses or other monetary
relief shall be recoverable from the Issuer except as may be payable from the repayments by the
Borrower or the proceeds of the Bonds and other amounts pledged hereunder as part of the Trust
Estate.
(b) No recourse may be had for the enforcement of any obligation, promise or
agreement of the Issuer contained herein, in any other Issuer Document, in the Loan Documents or in
the Bonds or for any claim based hereon or thereon or otherwise in respect hereof or thereof against
any officer, agent, attorney or employee, as such, in his individual capacity, past, present or futu re, of
the Issuer or of any successor entity, either directly or through the Issuer or any successor entity
whether by virtue of any constitutional provision, statute or rule of law, or by the enforcement of any
assessment or penalty otherwise. No personal liability whatsoever will attach to, or be incurred by,
any officer, agent, attorney or employee as such, past, present or future, of the Issuer or of any
successor entity, either directly or through the Issuer or any successor entity, under or by reason of
any of the obligations, promises or agreements entered into in the Bonds or between the Issuer and
the Trustee, whether contained herein or to be implied herefrom as being supplemental hereto; and
all personal liability of that character against every such director, member, officer, agent, attorney
and employee is, by the execution of this Indenture and as a condition of, and as part of the
consideration for, the execution of this Indenture, expressly waived and released.
(c) Anything in this Indenture to the contrary notwithstanding, it is expressly
understood and agreed by the parties hereto that (i) the Issuer may rely conclusively on the truth and
accuracy of any certificate, opinion, notice, or other instrument furnished to the Issuer by the Trustee
or the Borrower as to the existence of any fact or state of affairs required hereunder to be noticed by
the Issuer; (ii) the Issuer shall not be under any obligation hereunder to perform any record keeping
or to provide any legal services; and (iii) none of the provisions of this Indenture shall require the
Issuer to expend or risk its own funds or otherwise incur financial liability in the performance of any
of its duties or in the exercise of any of its rights or powers hereunder, unless it shall first have been
adequately indemnified to its satisfaction against the cost, expenses, and liability which may be
incurred thereby.
Section 10.03 Preservation and Inspection of Documents. All documents received by any
Trustee under the provisions of this Indenture shall be retain ed in its possession and shall be subject
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at all reasonable times and upon reasonable prior notice to the inspection of the Issuer, any other
Trustee, and any Owner of the Bonds and their agents and their representatives, any of whom may
make copies thereof.
Section 10.04 Parties Interested Herein. Nothing in this Indenture expressed or implied is
intended or shall be construed to confer upon, or to give to, any Person, other than the Issuer, the
Trustee, the Servicer, the Borrower and the Owners of the Bonds, any right, remedy or claim under
or by reason of this Indenture or any covenant, condition or stipulation of this Indenture; and all the
covenants, stipulations, promises and agreements in this Indenture shall be for the sole and exclusive
benefit of the Issuer, the Trustee, the Servicer, the Borrower and the Owners of the Bonds.
Section 10.05 No Recourse on the Bonds. No recourse shall be had for the payment of the
principal or redemption price or purchase price of or interest on the Bonds or for any claim based
thereon or on this Indenture or any other Issuer Document or the Loan Documents against any
member, officer, employee or agent of the Issuer or any person executing the Bonds.
Section 10.06 Severability of Invalid Provisions. If any one or more of the covenants or
agreements provided in this Indenture on the part of the Issuer or any Trustee to be performed should
be contrary to law, then such covenant or covenants or agreement or agreements shall be deemed
severable from the remaining covenants and agreements, and in no way shall affect the validity of the
other provisions of this Indenture.
Section 10.07 Successors. Whenever in this Indenture the Issuer is named or referred to, it
shall be deemed to include any entity that may succeed to the principal functions and powers of the
Issuer under the Act, and all the covenants and agreements contained in this Indenture by or on
behalf of the Issuer shall bind and inure to the benefit of said successor whether so expressed or not.
Section 10.08 Notices, Demands and Requests. Except as otherwise provided in
Section 4.05, all notices, demands and requests to be given or made under this Indenture to or by the
Issuer or the Trustee shall be in writing and shall be sufficiently given and shall be deemed given
(a) three days after mailing by certified mail, first -class, postage prepaid; (b) the Business Day after
sending by expedited overnight delivery service; (c) the date of receipt if delivered by personal
delivery; (d) if sent by facsimile transmission, the date of transmission, if receipt of such
transmission is telephonically confirmed on such day and addressed to the Notice Address of the
respective addressee. Either the Issuer or the Trustee may change the Notice Address listed for it at
any time upon written notice of such change sent by United States mail, postage prepaid, to the other
party, which charge shall be effective upon receipt.
Section 10.09 Applicable Law; Venue. This Indenture shall be governed exclusively by
the applicable laws of the State, and any action arising out of this Indenture or the Bonds shall be
filed and maintained in the County of Contra Costa, California, unless the Issuer waives this
requirement in writing.
Section 10.10 Table of Contents and Section Headings Not Controlling. The Table of
Contents and the headings of the several Articles and Sections of this Indenture have been prepared
for convenience of reference only and shall not control, affect the mean ing of, or be taken as an
interpretation of any provision of this Indenture.
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Section 10.11 Exclusion of Bonds. Bonds owned or held by or for the account of the Issuer
or the Borrower shall not be deemed Outstanding for the purpose of consent or other action or any
calculation of Outstanding Bonds provided for in this Indenture, and the Issuer and the Borrower
shall not be entitled with respect to such Bonds to give any consent or take any other action provided
for herein, unless all of the Outstanding Bonds are then owned by such Person.
Section 10.12 Exempt from Individual Liability. No covenant, condition or agreement
contained herein shall be deemed to be a covenant, agreement or obligation of any present or future
officer, director, employee or agent of the Issuer or the Trustee in his individual capacity, and neither
the officers, directors, employees or agents of the Issuer or the Trustee executing the Bonds or this
Indenture shall be liable personally on the Bonds or under this Indenture or be subject to any personal
liability or accountability by reason of the issuance of the Bonds or the execution of this Indenture.
Section 10.13 Effective Date. This Indenture shall take effect immediately upon the
execution and delivery by all of the parties hereto.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
[TRUST INDENTURE – EL CERRITO PLAZA – PARCEL A SOUTH]
4919-3546-4294v7/200936-0007
IN WITNESS WHEREOF, the Issuer has caused these presents to be executed in its name
by its duly authorized official; and to evidence its acceptance of the trusts created by this Indenture,
the Trustee has caused these presents to be executed in its corporate name, as of the date first above
written.
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
John Kopchik, Director
Department of Conservation and Development
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION,
as Trustee
By:
Authorized Signatory
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EXHIBIT A
FORM OF BOND
SUBJECT TO THE EXCEPTIONS SET FORTH IN THE INDENTURE (HEREINAFTER
DEFINED), THE PURCHASER OF THIS BOND MUST BE AN “ACCREDITED
INVESTOR” WITHIN THE MEANING OF RULE 501(a)(1), (2), (3), (7) or (8) OF
REGULATION D UNDER THE SECURITIES ACT OF 1933, AS AMENDED OR A
“QUALIFIED INSTITUTIONAL BUYER” WITHIN THE MEANING OF RULE 144A
UNDER THE SECURITIES ACT OF 1933 AND WILL BE REQUIRED TO EXECUTE AND
DELIVER AN INVESTMENT LETTER AGREEMENT THAT WILL, AMONG OTHER
THINGS, RESTRICT TRANSFER OF THIS BOND.
COUNTY OF CONTRA COSTA, CALIFORNIA
MULTIFAMILY HOUSING REVENUE BONDS
(EL CERRITO PLAZA – PARCEL A SOUTH),
[2025 SERIES A] [2025 SERIES B (FEDERALLY TAXABLE)]
No. R-1 $_________
Dated Date CUSIP Maturity Date Interest Rate
November ___, 2025 None November 1, 20__ As stated below
REGISTERED OWNER: JPMORGAN CHASE BANK, N.A.
PRINCIPAL AMOUNT: ____________________ DOLLARS
The COUNTY OF CONTRA COSTA, CALIFORNIA (hereinafter called the “Issuer”), a
public body, corporate and politic, duly organized and validly existing under the laws of the State of
California (the “State”), for value received promises to pay (but only from the sources and as
hereinafter provided) to the Registered Owner specified above, or registered assigns, the principal
amount of ______________ Dollars ($_________), or so much of such maximum authorized
principal amount as may have been purchased by the Owner of this Bond from time to time in
accordance with the terms of this Bond and the Indenture (described below) on the Maturity Date
specified above, upon presentation and surrender of this Bond at the principal office of U.S. Bank
Trust Company, National Association or its successor as trustee (the “Trustee”), under the Indenture,
and to pay (but only from the sources and as hereinafter provided) interest on said principal amount
at the applicable interest rate set forth above, from and including the dated date hereo f until the
principal amount shall have been paid in accordance with the terms of this Bond and the Indenture,
as and when set forth below, but only from the sources and as hereinafter provided, by wire transfer
if there be one Owner of all of the Bonds or otherwise by check or draft mailed to the record Owners
of Bonds as the same appear upon the books of registry to be maintained by the Trustee, as registrar.
This Bond is one of an authorized issue of Bonds of the Issuer designated County of Contra
Costa, California Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), [2025
Series A] [2025 Series B (Federally Taxable)], and issued in the aggregate principal amount of
$_________ (the “Bonds”). The Bonds are issued for the purpose of funding a loan to ECP Parcel A
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South Housing Partners, L.P., a California limited partnership (the “Borrower”), in order to finance a
portion of the costs of the construction and equipping of a 70-unit multifamily residential housing
project in the County of Contra Costa, California (the “Project”).
THIS BOND IS BEING ISSUED AS A DRAW-DOWN BOND, IN THAT THE HOLDERS
OF THE BONDS WILL PURCHASE THE PRINCIPAL AMOUNT OF THE BONDS IN
INSTALLMENTS, AT PAR, IN ACCORDANCE WITH THE TERMS OF AND AS REQUIRED
BY THE INDENTURE. ACCORDINGLY, THE PRINCIPAL AMOUNT OF THE BONDS
WHICH HAVE BEEN PURCHASED BY THE HOLDERS AND ARE OUTSTANDING AT ANY
GIVEN TIME MAY BE LESS THAN THE MAXIMUM PRINCIPAL AMOUNT OF THE BONDS
AS SET FORTH ON THE FACE OF THIS BOND. UPON EACH PURCHASE OF A PORTION
OF THE PRINCIPAL AMOUNT OF THE BONDS IN ACCORDANCE WITH THE TERMS OF
THE INDENTURE, THE TRUSTEE WILL NOTE ON A LOG MAINTAINED BY THE
TRUSTEE FOR SUCH PURPOSE THE PRINCIPAL AMOUNT OF THE BONDS SO
PURCHASED, THE DATE OF SUCH PURPOSE AND THE IDENTITY OF SUCH
PURCHASER. THE RECORDS MAINTAINED BY THE TRUSTEE IN SUCH REGARD WILL
BE CONCLUSIVE EVIDENCE OF THE PRINCIPAL AMOUNT OF THE BONDS WHICH
HAVE BEEN PURCHASED AND ARE OUTSTANDING. IF PRESENTED TO THE TRUSTEE
BY THE HOLDER OF THIS BOND, THE PRINCIPAL AMOUNT OF THE BONDS
PURCHASED BY THE OWNER OF THIS BOND WILL BE NOTED BY THE TRUSTEE ON
SCHEDULE 1 ATTACHED TO THIS BOND.
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THIS BOND IS REQUIRED
TO BE MADE DIRECTLY TO THE REGISTERED OWNER HEREOF WITHOUT NOTATION
HEREON. IT CANNOT BE DETERMINED FROM THE FACE OF THIS BOND WHETHER
ALL OR ANY PART OF THE PRINCIPAL OF OR INTEREST ON THIS BOND HAS BEEN
PAID.
This Bond is issued under and pursuant to the Trust Indenture dated as of November 1, 2025
between the Issuer and the Trustee (as amended and supplemented from time to time, the
“Indenture”), and the Act (as that term is defined in the Indenture). Reference is made to the
Indenture and the Act for a full statement of their respective terms. Capitalized terms used her ein
and not otherwise defined herein have the respective meanings accorded such terms in the Indenture,
which is incorporated herein by reference. The Bonds issued under the Indenture are expressly
limited to $[35,700,000] in aggregate principal amount at any time Outstanding and are all of like
tenor, except as to interest rates, numbers and denominations. Pursuant to the Indenture, the Bonds
are being issued concurrently with and on a parity with the County of Contra Costa, California
Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), [2005 Series A][2025
Series B (Federally Taxable)], in the original aggregate principal amount of $________. Pursuant to
a Loan Agreement (the “Loan Agreement”) and two Promissory Notes (the “Notes”), each dated
November ___, 2025, the Borrower has agreed to make payments to the Trustee in amounts equal to
amounts of principal of and interest on the Bonds and the [Taxable] [Tax-Exempt] Bonds.
THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY
FROM THE TRUST ESTATE AND OTHER FUNDS AND MONEYS PLEDGED AND
ASSIGNED UNDER THE INDENTURE. NEITHER THE ISSUER, THE STATE OF
CALIFORNIA (THE “STATE”), NOR ANY POLITICAL SUBDIVISION THEREOF (EXCEPT
THE ISSUER, TO THE LIMITED EXTENT SET FORTH IN THE INDENTURE) NOR ANY
PUBLIC AGENCY SHALL IN ANY EVENT BE LIABLE FOR THE PAYMENT OF THE
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PRINCIPAL OF, PREMIUM (IF ANY) OR INTEREST ON THE BONDS OR FOR THE
PERFORMANCE OF ANY PLEDGE, OBLIGATION OR AGREEMENT OF ANY KIND
WHATSOEVER EXCEPT AS SET FORTH IN THE INDENTURE, AND NONE OF THE BONDS
OR ANY OF THE ISSUER’S AGREEMENTS OR OBLIGATIONS SHALL BE CONSTRUED TO
CONSTITUTE AN INDEBTEDNESS OF OR A PLEDGE OF THE FAITH AND CREDIT, OR
TAXING POWER OF, OR A LOAN OF THE CREDIT OF, OR A MORAL OBLIGATION OF
ANY OF THE FOREGOING WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
STATUTORY PROVISION WHATSOEVER.
THE OBLIGATIONS OF THE ISSUER ON THIS BOND ARE EXPRESSLY LIMITED
TO AND ARE PAYABLE SOLELY FROM (I) THE PAYMENTS MADE PURSUANT TO THE
LOAN AGREEMENT AND THE NOTE, AND THE SECURITY THEREFOR PROVIDED BY
THE MORTGAGE AND THE SECURITY AGREEMENT (AS THOSE TERMS ARE DEFINED
IN THE INDENTURE) AND ANY OTHER COLLATERAL SECURITY FROM TIME TO TIME
HELD BY THE TRUSTEE, AND (II) ANY ADDITIONAL SECURITY PROVIDED IN THE
INDENTURE.
Interest Rates. This Bond shall bear interest at the applicable rate for any applicable period
set forth in the Indenture.
Usury. Notwithstanding any provision of this Bond to the contrary, in no event shall the
interest contracted for, charged or received in connection with this Bond (including any other costs or
considerations that constitute interest under the laws of the State which are contracted for, charged or
received pursuant to this Bond) exceed the maximum rate of nonusurious interest allowed under the
laws of the State as presently in effect and to the extent of any increase allowable by such laws. To
the extent permitted by law, interest contracted for, charged or received on this Bond shall be
allocated over the entire term of this Bond, to the end that int erest paid on this Bond does not exceed
the maximum amount permitted to be paid thereon by law. Excess interest, if any, provided for in
this Bond, or otherwise, shall be canceled automatically as of the date of such acceleration or, if
theretofore paid, shall be credited as principal paid on this Bond.
Registration and Transfer. THIS BOND IS SUBJECT TO THE TRANSFER
RESTRICTIONS SET FORTH IN THE INDENTURE. This Bond is transferable by the registered
owner hereof in person or by his attorney duly authorized in writing at the office of the Trustee as
registrar, but only in the manner, subject to the limitations and upon payment of the charges provided
in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new
registered Bond or Bonds, of any authorized denomination or denominations, of the same maturity
and for the same aggregate principal amount will be issued to the transferee in exchange herefor.
The Bonds are issuable as fully registered Bonds in Authorized Denominatio ns as provided in the
Indenture. The Issuer, the Trustee, and any other person may treat the person in whose name this
Bond is registered on the books of registry as the Owner hereof for the purpose of receiving payment
as herein provided and for all other purposes, whether or not this Bond be overdue, and no person
shall be affected by notice to the contrary.
Redemption of Bonds. This Bond is subject to optional and mandatory redemption prior to
maturity as a whole or in part at such time or times, under such circumstances, at such redemption
prices and in such manner as is set forth in the Indenture.
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Enforcement. Only the Servicer shall have the right to direct the Trustee to enforce the
provisions of this Bond or the Indenture or to institute any actio n to enforce the covenants herein or
therein, or to take any action with respect to any Event of Default under the Indenture, or to institute,
appear in or defend any suit or other proceedings with respect thereto, except as provided in the
Indenture. If an Event of Default occurs and is continuing, the principal of all Bonds then
outstanding may be declared due and payable by the Servicer upon the conditions and in the manner
and with the effect provided in the Indenture. As provided in the Indenture, an d to the extent
permitted by law, interest and a penalty rate of interest shall be payable on unpaid amounts due
hereon.
Discharge. The Indenture prescribes the manner in which it may be discharged and after
which the Bonds shall be deemed to be paid and no longer be secured by or entitled to the benefits of
the Indenture, except for the purposes of registration and exchange of Bonds and of such payment.
Modifications. Modifications or alterations of the Indenture, or of any supplements thereto,
may be made only to the extent and in the circumstances permitted by the Indenture.
This Bond shall not be valid or obligatory for any purpose until it shall have been signed on
behalf of the Issuer and such signature attested, by the officer, and in the manner, pr ovided in the
Indenture, and authenticated by a duly authorized officer of the Trustee, as Authenticating Agent.
It is certified and recited that all conditions, acts and things required by the statutes of the
State or by the Act or the Indenture to exist, to have happened or to have been performed precedent
to or in the issuance of this Bond exist, have happened and have been performed and that the issue of
the Bonds, together with all other indebtedness of the Issuer, is within every debt and other limit
prescribed by said statutes and said Act.
In the event of any inconsistency between the provisions of this Bond and the provisions of
the Indenture, the provisions of the Indenture shall control.
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IN WITNESS WHEREOF, the County of Contra Costa has caused this Bond to be executed
in its name by the manual or facsimile signature of the Chair of the Board of Supervisors, all as of the
Closing Date.
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
Federal Glover,
Chair of the Board of Supervisors
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FORM OF CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds described in the within -mentioned Indenture and issued under
the provisions of the within mentioned Indenture.
Date of Authentication: ______________________
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, as Trustee
By:
Authorized Signatory
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4919-3546-4294v7/200936-0007
FORM OF ASSIGNMENT
For value received the undersigned sells, assigns and transfers unto
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within-registered Bond and irrevocably constitute(s) and appoints(s) ___________________
_______________________________________ attorney, to transfer the same on the registration
books of the Trustee with full power of substitution in the premises.
Dated: _______________
Signatures Guaranteed:
Note: Signature(s) must be guaranteed by an eligible
guarantor.
Note: The signatures(s) on this Assignment must
correspond with the name(s) as written on the
face of the within Bond in every particular
without alteration or enlargement or any change
whatsoever.
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SCHEDULE A
COUNTY OF CONTRA COSTA, CALIFORNIA
MULTIFAMILY HOUSING REVENUE BONDS
(EL CERRITO PLAZA – PARCEL A SOUTH),
[2025 SERIES A] [2025 SERIES B (FEDERALLY TAXABLE)]
SCHEDULE OF DRAWINGS
Date Draw Amount
Outstanding Principal
Amount Signature of Trustee
$_______ $_______
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EXHIBIT B
FORM OF INVESTOR LETTER
___________, 20__
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, California 94553-4601
Attention: ____________
U.S. Bank Trust Company, National Association
One California Street, Suite 1000
Mail Code: SF-CA-SFCT
San Francisco, CA 94111
Attention: Corporate Trust Department
Re: County of Contra Costa, California Multifamily Housing Revenue Bonds (El Cerrito Plaza –
Parcel A South), 2025 Series A and 2025 Series B (Federally Taxable)
Ladies and Gentlemen:
The undersigned (the “Investor”) acknowledges receipt of $__________ in aggregate
principal amount of the above-referenced bonds (the “Bonds”).
The undersigned acknowledges that the Bonds were issued for the purpose of making a
mortgage loan to assist in the financing of the construction and equipping of a certain 70-unit
multifamily residential rental housing project located in the County of Contra Costa, California (the
“Project”), as more particularly described in that certain Loan Agreement dated as of November 1,
2025 (the “Loan Agreement’), by and among the County of Contra Costa, California (the “Issuer”),
ECP Parcel A South Housing Partners, L.P., a California limited partnership (the “Borrower”), and
the Trustee (hereinafter defined). The undersigned further acknowledges that the Bonds are secured
by a Trust Indenture dated as of November 1, 2025 (the “Indenture”), between the Issuer and U.S.
Bank Trust Company, National Association, as trustee (the “Trustee”), which creates a security
interest in the trust estate described therein (the “Trust Estate”) for the benefit of the Owners of the
Bonds.
In connection with the purchase of the Bonds by the Investor, the Investor makes the
following representations upon which you may rel y:
1. The Investor has authority to purchase the Bonds and to execute this letter and any
other instruments and documents required to be executed by the Investor in connection with the
purchase of the Bonds.
2. The Investor is (i) an “accredited investor” (as defined in Rule 501(a)(1), (2), (3) or
(7) of Regulation D promulgated under the Securities Act of 1933, as amended) or an entity in which
all of the equity owners are “accredited investors” as so defined (the foregoing collectively,
“Accredited Investors”) or a “qualified institutional buyer” (as defined in Rule 144A promulgated
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under the Securities Act of 1933, as amended); or (ii) a bank, savings institution or insurance
company (whether acting in a trustee or custodial capacity for any Accredited In vestor or “qualified
institutional buyer,” each as defined in clause (i) above, or on its own behalf).
3. The Bonds are being acquired by the Investor for its own account and not with a view
to, or for resale in connection with, any distribution of the Bon ds, and the Investor intends to hold the
Bonds for its own account and for an indefinite period of time. The Investor understands that it may
need to bear the risks of this investment for an indefinite time, since any sale prior to maturity may
not be possible.
4. The Investor understands that the Bonds are not registered under the Securities Act of
1933 and that such registration is not legally required as of the date hereof; and further understands
that the Bonds (a) are not being registered or otherwise qualified for sale under the “Blue Sky” laws
and regulations of any state, (b) will not be listed in any stock or other securities exchange, (c) will
not carry a rating from any rating service and (d) will be delivered in a form which is not be readily
marketable.
5. The Investor understands that (a) the Bonds are not secured by any pledge of any
moneys received or to be received from taxation by the Issuer, the State of California or any political
subdivision thereof, (b) the Bonds do not and will not represent or constitute a general obligation or a
pledge of the faith and credit of the Issuer, the State of California or any political subdivision thereof;
and (c) the liability of the Issuer with respect to the Bonds is limited to the Trust Estate as set f orth in
the Indenture.
6. The Investor has either been supplied with or been given access to information,
including financial statements and other financial information, to which a reasonable investor would
attach significance in making investment decisions, and the Investor has had the opportunity to ask
questions and receive answers from knowledgeable individuals concerning the Borrower, the Project
and the Bonds. The Investor has not relied upon the Issuer for any information in connection with its
purchase of the Bonds.
7. The Investor acknowledges that neither the Issuer nor the Borrower has prepared an
offering document with respect to the Bonds.
8. The Investor has made its own inquiry and analysis with respect to the Bonds and the
security therefor, and other material factors affecting the security and payment of the Bonds. The
Investor is aware that the business of the Borrower involves certain economic variables and risks that
could adversely affect the security for the Bonds.
9. Subject to the exceptions set forth in Section 3.09 of the Indenture, the Investor
acknowledges that it has the right to sell and transfer the Bonds, in accordance with the terms of the
Indenture, subject to the delivery to the Trustee of an investor’s letter from the tran sferee in
substantially the form attached to the Indenture as Exhibit B, with no revisions except as may be
approved in writing by the Issuer.
10. The Investor agrees to indemnify and hold harmless the Issuer with respect to any
claim asserted against the Issuer that is based upon the sale, transfer or disposition of the Bonds by
the Investor other than as permitted by the Indenture.
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Capitalized terms used herein and not otherwise defined have the meanings given to such
terms in the Indenture.
Very truly yours,
[INVESTOR]
By:
Signature
Printed Name
Title
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EXHIBIT C
FORM OF PROJECT FUND REQUISITION
BORROWER:
PROJECT:
REQUISITION NO.:
In the Amount of $
TO: U.S. Bank Trust Company, National Association (the “Trustee”)
One California Street, Suite 1000
Mail Code: SF-CA-SFCT
San Francisco, CA 94111
Attention: Corporate Trust Department
JPMorgan Chase Bank, N.A. (the “Majority Owner”)
__________________
__________________
__________________
Attention: _________________
The Borrower requests payments in the following amounts, from the following sources and to
be made to the following parties, all as set forth on the Borrower’s Request for Payment attached to
this Requisition:
Amount Source Payable to:
[identify name of Account &
Fund in Indenture or Capital
Contributions]
[Borrower’s account #] [third
party payment/wire instructions
must be attached]
Requisition - Contents and Attachments
Borrower’s Request for Payment
Contractor’s Application and Certification for Payment (AIA Form G-702) including change
orders if applicable
Paid Invoices Supporting Application-(AIA Form G-702), as appropriate
Paid Invoices Supporting Borrower’s Request for Payment, as appropriate
Lien Waivers
Architect’s Certificate (If required by Majority Owner)
Borrower’s Representations and Warranties
The Borrower hereby certifies (a) (i) there has been received no notice of lien, any right to lien or
attachment upon, or claim affecting the right of the payee to receive payment of, any of the monies
payable under such requisition to any of the persons, firms or corporations named therein, and
(ii) that any materials, supplies, or equipment covered by such requisition are subject to any lien or
security interest, or if any notice of any such lien, attachment, claim or security interest has been
received, such lien, attachment, claim or security interest has been released, discharge d, insured or
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bonded over or will be released, discharged, insured or bonded over upon payment of the requisition,
(b) such requisition contains no items representing payment on account of any percentage entitled to
be retained at the date of this certificate; (c) the obligations stated on the requisition has been
incurred in or about the acquisition, construction or equipping of the Project, each item is a proper
charge against the listed fund, and the obligation has not been the basis for a prior requisit ion that has
been paid; (d) such requisition contains no items representing any Costs of Issuance under Section
147(g) of the Code; (e) not less 95% of the sum of (i) the amounts requisitioned by this requisition to
be funded with the proceeds of the Bond plus (ii) all amounts allocated to the Bond previously
disbursed from the Project Fund, have been or will be applied by the Borrower to pay Qualified
Costs of the Project; (f) as of the date hereof, no event or condition has happened or is happening or
exists that constitutes, or that with notice or lapse of time or both, would constitute an Event of
Default under the Indenture, the Disbursement Agreement or the Loan Agreement or, to the
knowledge of the undersigned, an Event of Default under the Indenture, and (g) such requisition
complies with all applicable requirements of the Regulatory Agreement, as well as all applicable
requirements of the Loan Agreement, Disbursement Agreement and Tax Certificate.
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The Borrower requisitions the funds described above, and makes the representations and
warranties attached hereto to the Issuer and the Trustee.
“Borrower”:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
Its Administrative General Partner
By:
Name: Ann Silverberg
Its: President and Secretary
El Cerrito Plaza MGP, LLC,
a California limited liability company,
Its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:
Name: Vasilios Salamandrakis
Its: President
The foregoing Requisition is approved by the Majority Owner.
“Majority Owner”:
JPMORGAN CHASE BANK, N.A.
By:
Name:
Title:
Stradling Draft of 10/7/25
4897-1353-2006v7/200936-0007
COUNTY OF CONTRA COSTA, CALIFORNIA,
as Issuer
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
as Trustee
And
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
as Borrower
LOAN AGREEMENT
Dated as of November 1, 2025
Relating to
$[35,700,000]
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series A
$____________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series B (Federally Taxable)
The interest of the County of Contra Costa, California (the “Issuer”) in this Loan Agreement has been assigned
(except for certain “Reserved Rights” as defined in this Loan Agreement) pursuant to the Trust Indenture dated as of
the date hereof from the Issuer to U.S. Bank Trust Company, National Association, as trustee (the “Trustee”), and is
subject to the security interest of the Trustee thereunder.
TABLE OF CONTENTS
Page
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4897-1353-2006v7/200936-0007
ARTICLE I
DEFINITIONS
Section 1.1 Definitions ..................................................................................................................... 2
Section 1.2 Construction .................................................................................................................. 6
ARTICLE II
REPRESENTATIONS AND COVENANTS
Section 2.1 Representations by the Issuer ........................................................................................ 6
Section 2.2 Representations by the Borrower .................................................................................. 7
Section 2.3 Covenants by the Borrower......................................................................................... 12
ARTICLE III
LOAN AND PROVISIONS FOR REPAYMENT
Section 3.1 Issuance of Bonds and Delivery of Note and other Loan Documents ........................ 14
Section 3.2 Loan Repayments and Other Amounts ....................................................................... 14
Section 3.3 Payments Pledged and Assigned................................................................................. 16
Section 3.4 Obligations of Borrower Hereunder Unconditional .................................................... 16
ARTICLE IV
ADVANCES
Section 4.1 Requisition .................................................................................................................. 17
ARTICLE V
SPECIAL COVENANTS OF THE BORROWER
Section 5.1 Commencement and Completion of Project ............................................................... 17
Section 5.2 Records and Accounts ................................................................................................. 17
Section 5.3 Compliance with Laws, Contracts, Licenses, and Permits ......................................... 17
Section 5.4 Use of Proceeds; Excess Project Costs ....................................................................... 18
Section 5.5 Preservation of Tax Exemption................................................................................... 18
Section 5.6 Arbitrage and Tax Matters .......................................................................................... 18
Section 5.7 Indemnification ........................................................................................................... 23
ARTICLE VI
OPTION AND OBLIGATIONS OF BORROWER TO PREPAY
Section 6.1 Optional Prepayment .................................................................................................. 25
Section 6.2 Mandatory Prepayment ............................................................................................... 26
Section 6.3 Amounts Required for Prepayment............................................................................. 26
Section 6.4 Cancellation at Expiration of Term ............................................................................. 26
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default ........................................................................................................ 27
Section 7.2 Remedies on Default ................................................................................................... 29
Section 7.3 No Remedy Exclusive ................................................................................................. 30
Section 7.4 Agreement to Pay Fees and Expenses of Counsel ...................................................... 30
TABLE OF CONTENTS
(continued)
Page
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4897-1353-2006v7/200936-0007
Section 7.5 No Additional Waiver Implied by One Waiver; Consents to Waivers ....................... 30
Section 7.6 Remedies Subject to Applicable Law ......................................................................... 30
Section 7.7 Cure by Investor Limited Partner................................................................................ 30
Section 7.8 Issuer Exercise of Remedies ....................................................................................... 31
ARTICLE VIII
MISCELLANEOUS
Section 8.1 General Provisions ...................................................................................................... 31
Section 8.2 Authorized Borrower Representative.......................................................................... 32
Section 8.3 Binding Effect ............................................................................................................. 32
Section 8.4 Execution in Counterparts ........................................................................................... 32
Section 8.5 Amendments, Changes and Modifications ................................................................. 32
Section 8.6 Severability ................................................................................................................. 32
Section 8.7 Notices ........................................................................................................................ 33
Section 8.8 Applicable Law; Venue .............................................................................................. 33
Section 8.9 Debtor Creditor Relationship ...................................................................................... 33
Section 8.10 Usury; Total Interest ................................................................................................... 33
Section 8.11 Term of this Loan Agreement ..................................................................................... 33
Section 8.12 Non-Recourse ............................................................................................................. 33
Section 8.13 Limitation on Liability of the Issuer; Issuer May Rely ............................................... 34
Section 8.14 Waiver of Personal Liability ....................................................................................... 36
Section 8.15 PATRIOT Act Notice ................................................................................................. 36
Section 8.16 Assignment and Transfer of Note and Loan Documents ............................................ 36
EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE ......................................................... A-1
EXHIBIT B FORM OF PROMISSORY NOTES ......................................................................... B-1
EXHIBIT C PROJECT APPROVALS TO BE OBTAINED........................................................ C-1
EXHIBIT D FORM OF APPROVED RESIDENTIAL LEASE ................................................... D-1
EXHIBIT E INSURANCE REQUIREMENTS ............................................................................ E-1
EXHIBIT F FORM OF MONTHLY LEASE UP REPORT ........................................................ F-1
4897-1353-2006v7/200936-0007
LOAN AGREEMENT
This LOAN AGREEMENT dated as of November 1, 2025 (together with all supplements,
modifications and amendments thereto, this “Loan Agreement”), among COUNTY OF CONTRA
COSTA, CALIFORNIA, a public body, corporate and politic, duly organized and validly existing
under the laws of the State of California (together with its successors and assigns, the “Issuer”), U.S.
BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as
trustee under the herein defined Indenture (together with any successor trustee hereunder and their
respective successors and assigns, the “Trustee”), and ECP PARCEL A SOUTH HOUSING
PARTNERS, L.P., a California limited partnership (together with its successors and assigns, the
“Borrower”).
W I T N E S S E T H :
WHEREAS, pursuant to Chapter 7 of Part 5 of Division 31 of the California Health and
Safety Code (collectively, the “Act”), the Issuer is authorized to issue one or more series of its
revenue bonds and to loan the proceeds thereof to finance the acquisition, construction and equipping
of residential rental housing facilities to provide housing for persons of low and very low income;
and
WHEREAS, by proceedings adopted pursuant to and in accordance with the provisions of the
Act, the Issuer has authorized the issuance of its Multifamily Housing Revenue Bonds (El Cerrito
Plaza – Parcel A South), 2025 Series A in the maximum aggregate principal amount of
$[35,700,000] (the “Tax-Exempt Bonds”) and its Multifamily Housing Revenue Bonds (El Cerrito
Plaza – Parcel A South), 2025 Series B (Federally Taxable), in the aggregate principal amount of
$_________ (the “Taxable Bonds”; and, together with the Tax-Exempt Bonds, the "Bonds") to
finance a portion of the costs of the acquisition, construction and equipping of a 70-unit residential
rental development to be known as El Cerrito Plaza – Parcel A South (the “Project”); and
WHEREAS, pursuant to this Loan Agreement, the Issuer has agreed to issue the Bonds and
to use proceeds of the Bonds to fund a loan to the Borrower (the “Loan”), and the Borrower has
agreed to (i) apply the proceeds of the Loan to pay a portion of the costs of acquisition, construction
and equipping of the Project, (ii) make payments sufficient to pay the principal of, premium, if any,
and interest on the Bonds when due (whether at maturity, by redemption, acceleration or otherwise),
and (iii) observe the other covenants and agreements and make the other payments set forth herein;
and
WHEREAS, the Borrower has delivered to the Trustee, on behalf of the Issuer, two
promissory notes dated the date of issuance of the Bonds in aggregate original principal amount s
equal to the aggregate original principal amounts of the Tax-Exempt Bonds and the Taxable Bonds,
respectively, in substantially the form set forth on Exhibit B hereto (as the same may be amended,
modified or supplemented from time to time, collectively, the “Note”) evidencing its obligation to
repay the Loan; and
WHEREAS, to secure its obligations under the Loan Agreement and the Notes, the Borrower
has executed a Construction and Permanent Leasehold Deed of Trust, Security Agreement,
Assignment of Lease and Rents and Fixture Filing (as amended, modified or supplemented from time
to time, the “Mortgage”), in favor of the Issuer, and (ii) an Assignment of Construction and Design
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Agreements (as amended, modified or supplemented from time to time, the “Assignment of Project
Documents”) and (iii) an Collateral Assignment of Rights to Tax Credits and Partnership Interests (as
amended, modified or supplemented from time to time, the “Security Agreement”), and certain other
documents evidencing and securing the Loan, each dated as of even date with this Indenture.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein contained, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, and intending to be legally bound, the parties hereto agree as
follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. The following capitalized terms shall have the meanings
specified in this Article unless the context requires otherwise. All other capitalized terms used herein
which are not defined herein shall have the respective meanings ascribed thereto in the Indenture
unless otherwise expressly provided or unless the context otherwise requires. The singular shall
include the plural and the masculine shall include the feminine and neuter shall include the masculine
or feminine.
“Accountant” means such independent certified public accountant or firm of independent
certified public accountants, selected by the Borrower.
“Appraisal” means an appraisal of the market value of the Project performed by a qualified
independent appraiser approved by the Servicer.
“Bank” means JPMorgan Chase Bank, N.A., and its successors and assigns.
“Capital Expenditures” means capital expenditures determined in accordance with generally
accepted accounting principles relating to the repair, renovation or replacement of the Project.
“Co-General Partner” means ______________, a _____________, together with any
permitted successors and assigns as co-general partner of Borrower.
[“Completion Date” means [___________, 2028], as the same may be extended in
accordance with the Construction Disbursement Agreement.]
“Construction Contract” means the contract to be executed within sixty (60) days of the
Closing Date between the Borrower and its general contractor, providing for the construction and
equipping of the Improvements and certification of Requisitions, among other things.
“Construction Disbursement Agreement” means the Construction and Permanent Loan
Agreement of even date with this Loan Agreement, as amended, modi fied or supplemented from
time to time, between the Borrower and the Bank.
“Control,” “Controlled” and “Controlling” means, with respect to any Person, either
(i) ownership directly or indirectly of more than 50% of all beneficial equity interest in such P erson,
or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the
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management and policies of such Person, through the ownership of voting securities, by contract or
otherwise.
“Default” or “Event of Default” means, when referring to: (i) the Indenture, an event or
condition specified or defined as such by Article VI of the Indenture; and (ii) this Loan Agreement,
an event or condition specified or defined as such by Section 7.1 hereof.
“Financing Statements” means Uniform Commercial Code Form 1 Financing Statement(s)
from the Borrower and the Managing General Partner, and Co-General Partner for the benefit of the
Trustee.
“General Partner Documents” means the Partnership Agreement.
“Generally Accepted Accounting Principles” means the principles that are (i) consistent with
the principles promulgated or adopted by the Financial Accounting Standards Board and its
predecessors, as in effect from time to time, and (ii) consistently applied with past financial
statements of the Borrower adopting the same principles; provided, that a certified public accountant
would, insofar as the use of such accounting principles is pertinent, be in a position to deliver an
unqualified opinion (other than a qualification regarding changes in Generally Accepted Accounting
Principles) as to financial statements in which such principles have been properly applied.
“Governmental Authority” means the United States, the State in which the Land is located
and any political subdivision, agency, department, commission, board, bureau, authority or
instrumentality of either of them, including any local authorities, or any other entity exercising
executive, legislative, judicial, regulatory or administrative junctions of government, which has
jurisdiction over the Land or the construction, equipping and operation of the Project thereon.
“Guarantor” means The Related Companies, L.P., a New York limited partnership.
“Guarantor Documents” means the Guaranty and the Environmental Indemnity.
“Hazardous Substances” has the meaning set forth for that term in the Environmental
Indemnity.
“Improvements” means the 70-unit multifamily rental housing project with related site
improvements and amenities to be located on the Land.
“Indebtedness” means all obligations, contingent and otherwise, that in accordance with
Generally Accepted Accounting Principles should be classified upon the Obligor’s balance sheet as
liabilities, or to which reference should be made by footnotes thereto, including in any event and
whether or not so classified: (a) all debt and similar monetary obligations, whether direct or indirect;
(b) all liabilities secured by any deed to secure debt, mortgage, deed of trust, pledge, security interest,
lien, charge or other encumbrance existing on property owned or acquired subject thereto, whether or
not the liability secured thereby shall have been assumed; (c) all liabilities under capitalized leases;
and (d) all guaranties, endorsements and other contingent obligations whether direct or indirect i n
respect of indebtedness of others, including the obligations to reimburse the issuer of any letter of
credit for amounts drawn on such letter of credit.
“Initial Notification of Taxability” means the receipt by the Trustee or the Owner of a
communication from the Internal Revenue Service or any court of competent jurisdiction to the effect
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that interest on the Bonds is not excluded, or will not in the future be excluded, from the gross
income of the owners of the Bonds for federal income tax purposes.
“Investor Limited Partner” means [FRE Enterprise Affordable Housing Fund I, LLLP], a
[______ limited liability limited partnership], or its affiliate(s), that has been admitted as a limited
partner in accordance with the Partnership Agreement, together with its successors and assigns.
“Issuer Annual Fee” means the annual fee of the Issuer due and payable pursuant to
Section 20 of the Regulatory Agreement.
“Issuer Issuance Fee” means an issuance fee in an amount equal to 0.25% of the original
maximum aggregate principal amount of the Bonds ($_________) payable on or before the Closing
Date pursuant to Section 20 of the Regulatory Agreement.
“Land” means the real property described in Exhibit A attached hereto.
“Lien” means any interest in the Project or any part thereof or any right therein, including
without limitation any rents, issues, profits, proceeds and revenues therefrom, securing an obligation
owed to, or a claim by, any Person, whether such interest is based on the common law, statute or
contract, and including but not limited to the lien and security interest arising from a deed to secure
debt, mortgage, deed of trust, encumbrance, pledge, conditional sale or trust receipt or a lease,
consignment or bailment for security purposes. The term “Lien” shall also include any and all
reservations, exceptions, encroachments, easements, rights of way, covenants, conditions,
restrictions, leases and other title exceptions and encumbrances affecting the Project o r any part
thereof or any interest therein.
“Loan Fees” means loan fees payable by the Borrower to the Bank in accordance with the
Borrower’s agreement with the Bank.
“Managing General Partner” means El Cerrito Plaza MGP, LLC, a California limited liability
company, together with any permitted successors and assigns as managing general partner of
Borrower.
“Obligor(s)” means the Borrower, the Co-General Partner, the Managing General Partner and
the Guarantor.
“Organizational Documents” means for any corpora tion, partnership, trust, limited liability
company, limited liability partnership, unincorporated association, business or other legal entity, the
documents pursuant to which such entity has been established or organized, as such documents may
be amended from time to time in accordance with the terms of this Loan Agreement.
“Partnership Agreement” means the [Amended and Restated Agreement of Limited
Partnership], dated as of the Closing Date, by and among ________________, a California limited
liability company, as Administrative General Partner; ________________, a California limited
liability company, as Managing General Partner; ________________, a ________________, as
Investor Limited Partner; _________________, a _______________, as Special Limited Partner; and
[The Nicholas Company, Inc., a Delaware corporation], as the Withdrawing Limited Partner, as such
agreement may be supplemented or amended.
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“Partnership Documents” means, collectively, the Partnership Agreement and any other
documents that govern the formation, organization, management and funding of Borrower’s
partnership.
“Permitted Encumbrances” shall have the meaning ascribed to such term in the Construction
Disbursement Agreement.
“Personal Property” means all materials, furnishings, fixture s, furniture, machinery,
equipment and all items of tangible or intangible personal property now or hereafter owned or
acquired by the Borrower in which the Issuer has been or will be granted an interest to secure the
obligations of the Borrower under the Loan Documents.
“Plans and Specifications” means the plans and specifications for the Project approved by the
County as the same may be amended, modified or supplemented with the approval of the County.
“Project Revenues” means, for any period, the revenues actually collected during such period
(a) generated from all tenants and others occupying or having a right to occupy or use the Project or
any portion thereof (including revenue from Section 8 vouchers and other operating subsidies),
adjusted to reflect rental concessions over the term of any applicable lease, and (b) from the use and
occupancy of any amenities and services of the Project, including vending machine income, net cable
TV revenues, laundry service and parking income, but exclusive of (i) capital contributions, (ii) net
proceeds from the sale or refinancing of the Project, (iii) net proceeds of insurance (other than
proceeds of loss of rent insurance to the extent paid for apartment units occupied at the time of the
loss), and net condemnation awards, (iv) security deposits and prepaid rents to the extent not
permitted to be released to the Borrower pursuant to the terms of leases, and (v) interest earnings.
“Related Person” means a “related person” as defined in Section 147(a) of the Code.
“Replacement Reserve” shall have the meaning ascribed to that term in the Replacement
Reserve Agreement.
“Replacement Reserve Agreement” means that certain Replacement Reserve Agreement,
dated as of _________, by and between the Borrower and the Bank.
“Reserved Rights” means, the rights of the Issuer hereunder pursuant to Sections 2.3(a),
2.3(b), 2.3(c), 2.3(d), 2.3(f), 2.3(g), 3.2(c), 3.2(d), 3.2(f), 5.5, 5.6, 5.7, 6.3(a)(ii), 7.4, 7.8, 8.1, 8.12,
8.13, 8.14, and 8.15 hereof, and the right to demand specific performance under the Regulatory
Agreement, which are retained and not assigned to the Trustee pursuant to the Indenture.
“Retainage” shall the meaning ascribed to such term in the Construction Disbursement
Agreement.
“Secured Property” shall have the meaning ascribed to such term in the Mortgage.
“Single Purpose Entity” means an entity that: (i) is formed solely for the purpose of owning
and operating a single asset; (ii) does not engage in any business unrelated to such asset; (iii) keeps
its own books and records and its own accounts, separate and apart from the books, records and
accounts of any other Person; and (iv) holds itself out as being a legal entity, separate and apart from
any other Person.
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“Special Limited Partner” means ________________, a _____________ corporation,
together with its permitted successors and assigns.
“Survey” means an instrument survey of the Land and the Improvements prepared in
accordance with the Servicer’s survey requirements, such survey to be reasonably satisfact ory to the
Servicer in form and substance.
“Tax Credits” means the federal low income housing credits available with respect to the
Project.
“Tax and Insurance Fund” has the meaning ascribed to such term in the Indenture.
“Title Insurance Company” means Old Republic National Title Insurance Company.
“Title Policy” means an ALTA standard form title insurance policy issued by the Title
Insurance Company for the benefit of the Trustee and, its successors and assigns, as their interests
may appear (with such reinsurance or co-insurance as the Servicer may require, any such reinsurance
to be with direct access endorsements) insuring the priority of the Mortgage and that the Borrower
holds a marketable leasehold interest in the Land and fee interest in the Improve ments, subject only
to Permitted Encumbrances and such exceptions as the Servicer may approve, and containing such
endorsements and affirmative insurance as the Servicer in its discretion may require.
Section 1.2 Construction. In this Loan Agreement, unless the context otherwise
requires:
(a) Articles and Sections referred to by number shall mean the corresponding
Articles and Sections of this Loan Agreement.
(b) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any
similar terms refer to this Indenture, and the term “hereafter” shall mean after, and the term
“heretofore” shall mean before, the date of adoption of this Loan Agreement.
(c) Words of the masculine gender shall mean and include correlative words of
the female gender or the neuter, and words importing the singular number shall mean and include the
plural number and vice versa.
(d) References in this Indenture to particular sections of the Code, the Act or any
other legislation shall be deemed to refer also to any successor sections thereto or other rede signation
for codification purposes.
ARTICLE II
REPRESENTATIONS AND COVENANTS
Section 2.1 Representations by the Issuer. The Issuer makes the following
representations as of the date of the execution and delivery of this Loan Agreement as the basis for
the undertakings on its part herein contained:
(a) The Issuer is a public body, corporate and politic, duly organized and validly
existing under the the laws of the State of California.
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(b) The Issuer has power and lawful authority to adopt the Resolution, to execute
and deliver the Issuer Documents, to issue the Bonds and receive the proceeds of the Bonds, to apply
or cause to be applied the proceeds of the Bonds to make the Loan , to assign the revenues derived
and to be derived by the Issuer from the Loan to the Trustee , and to perform and observe the
provisions of the Issuer Documents and the Bonds on its part to be performed and observed.
(c) The Issuer has duly authorized the execution and delivery of the Issuer
Documents and the issuance, execution, sale and delivery of the Bonds, and the performance of the
obligations of the Issuer thereunder.
(d) To the best knowledge of the Issuer, there is no litigation pending or, to the
knowledge of the Issuer, threatened, in any court, either state or federal, calling into question (i) the
creation, organization or existence of the Issuer, (ii) the validity of the Issuer Documents or the
Bonds, (iii) the authority of the Issuer to adopt, make or perform, as the case may be, the Issuer
Documents or to issue, execute and deliver the Bonds or (iv) the exclusion from gross income of
interest on the Bonds for purposes of federal income taxation.
(e) All actions on the part of the Issuer necessary for the execution and delivery
of the Issuer Documents, the issuance, execution, sale and delivery of the Bonds and t he performance
by the Issuer of its obligations thereunder have been duly and effectively taken. To the best
knowledge of the Issuer, no consent, authorization or approval of, or filing or registration with, any
governmental or regulatory body is required on the part of the Issuer for the execution and delivery
of the Issuer Documents, the issuance, execution, sale and delivery of the Bonds, or the performance
by the Issuer of its obligations under the Issuer Documents or the Bonds, except the aforesaid ac tion
on the part of the Issuer which has been duly and effectively taken.
(f) The Issuer makes no representation or warranty, express or implied, that the
proceeds of the Bonds will be sufficient to finance the acquisition, construction and equipping of the
Project or that the Project will be adequate or sufficient for the Borrower’s intended purposes.
(g) The Issuer has used no broker in connection with the execution hereof and the
transactions contemplated hereby.
Section 2.2 Representations by the Borrower. The Borrower makes the following
representations and warranties, and covenants and agrees as follows, as of and from the date of the
execution and delivery of this Loan Agreement as the basis for the undertakings on its part herein
contained:
(a) The Borrower is, and at all times will be, a limited partnership in good
standing under the laws of the State, has full legal right, power and authority to lease the Land,
develop the Improvements, operate the Project, enter into this Loan Agreement and the Loan
Documents and to carry out and consummate all transactions contemplated hereby and by the Loan
Documents, and by proper corporate action has duly authorized the execution, delivery and
performance of this Loan Agreement and the Loan Documents. The Managing General Partner is,
and at all time will be, a limited liability company, duly organized, validly existing and in good
standing under the laws of the State. The officers of the Borrower executing this Loan Agreement
and the Loan Documents are duly and properly in office and fully authorized to execute the same.
This Loan Agreement and the Loan Documents have been duly authorized, executed and delivered
by the Borrower.
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(b) The execution and delivery of this Loan Agreement and the Loan Documents,
the consummation of the transactions herein and therein contemplated and the fulfillment of or
compliance with the terms and conditions hereof and thereof, will not conflict with or constitute a
violation or breach of or default (with due notice or the passage of time or both) under the
Partnership Agreement of the Borrower, or to the best knowledge of the Borrower and with respect to
the Borrower, any applicable law or administrative rule or regulation, or any applicable court or
administrative decree or order, or any mortgage, deed of trust, loan agreement, lease, contract or
other agreement or instrument to which the Borrower is a party or by which it or its properties are
otherwise subject or bound, or result in the creation or imposition of any lien, charge or encumbrance
of any nature whatsoever upon any of the property or assets of the Borrower, which conflict,
violation, breach, default, lien, charge or encumbrance might have consequences that would
materially and adversely affect the consummation of the transactions contemplated by this Loan
Agreement or the Loan Documents, or the financial condition, assets, properties or operations of the
Borrower.
(c) This Loan Agreement and the Loan Documents will constitute the legal, valid
and binding agreements of the Borrower enforceable against the Borrower in accordance with their
terms; except in each case as enforcement may be limited by bankruptcy, insolvency or other laws
affecting the enforcement of creditors’ rights generally, by the application of equitable principles
regardless of whether enforcement is sought in a proceeding at law or in equity and by public policy.
(d) No consent or approval of any trustee or holder of any indebtedness of the
Borrower, and to the best knowledge of the Borrower and with respect to the Borrower, no consent,
permission, authorization, order or license of, or filing or registration with, any governmental
authority (except with respect to any state securities or “blue sky” laws) is necessary in connection
with the execution and delivery of this Loan Agreement or the Loan Documents, or the
consummation of any transaction herein or therein contemplated, or the fulfillment of or compliance
with the terms and conditions hereof or thereof, except as have been obtained or made and as are in
full force and effect.
(e) The Borrower is, and will at all times be, a Single Purpose Entity. The
address of the Borrower’s chief executive office and principal place of business is [44 Montgomery
Street, Suite 1310, San Francisco, CA 94104, Attention: _____________]. The organizational
identification number for the Borrower is ___________. The federal employer identification number
for the Borrower is 92-3961784.
(f) On the Closing Date, the Borrower will hold a leasehold interest in the Land
and fee interest in the current and to be built Improvements, in each case subject only to the
Permitted Encumbrances. The Borrower possesses, and will at all times possess, all franchises,
patents, copyrights, trademarks, trade names, licenses and permits, and rights in respect of the
foregoing, adequate for the conduct of its business substantially as now conducted or as it is intended
to be conducted with respect to the Project, without any known conflict with any rights of others
parties.
(g) The Borrower is not subject to any charter, partnership or other legal
restriction, or any judgment, decree, order, rule or regulation that has or is expected in the future to
have a materially adverse effect on the business assets or financial condition of the Borrower. The
Borrower is not, and will not be, a party to any contract or agreement that has or is expected, in the
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judgment of the Borrower’s general partners, to have any materially adverse effect on the business or
financial condition of the Borrower.
(h) The Borrower is not and will not at any time be, in violation of any provision
of its Organizational Documents or any agreement or instrument to which it may be subject or by
which it or any of its properties may be bound or any decree, order, judgment, statute, license, rule or
regulation, in any of the foregoing cases in a manner that could result in the imposition of substantial
penalties or adversely affect the financial condition, properties or business of the Borrower.
(i) The Borrower and each Obligor (i) has made or filed, and will make or file in
a timely fashion, all federal and state income and all other tax returns, reports and declarations
required by any jurisdiction to which it is subject, (ii) has paid, and will pay before delinquency, all
taxes and other governmental assessments and charges shown or determined to be due on such
returns, reports and declarations, except those being contested in good faith and by appropriate
proceedings, (iii) if a partnership, limited liability partnership or limited liability company, has, and
will maintain, partnership tax classification under the Code, and (iv) has set aside, and will at all
times set aside, on its books provisions reasonably adequate for the payment of all taxes for periods
subsequent to the period to which such returns, reports or declarations apply. There are no unpaid
taxes in any material amount claimed to be due by the taxing authority of any jurisdiction, and the
partners, officers, members or trustees of the Borrower know of no basis for any such claim. The
Borrower has filed, and will continue to file, all of such tax returns, reports, and declarations either
(x) separately from any Affiliate or (y) if part of a consolidated filing, as a separate member of any
such consolidated group.
(j) The Project is located wholly within the County of Contra Costa, California
and within the jurisdiction of the Issuer.
(k) There is no Event of Default on the part of the Borrower or, to the best of
Borrower’s knowledge, any Obligor under this Loan Agreement or any other Loan Document, any
General Partner Document, any Guarantor Document or any Organizational Document, and no event
has occurred and is continuing which after notice or passage of time or both would give rise to a
default under any thereof. The Borrower has received no notices of and has no knowledge of any
violations of any Legal Requirements or conditions of approval or other requirements relating to the
development or operation of the Project issued by any Governmental Authority.
(l) The certifications, representations, warranties, statements, information and
descriptions contained in the Loan Documents and in the Borrower’s Tax Certificate, as of the date
of the first authentication and delivery of the Bonds, are and will be true, correct and complete, do
not and will not contain any untrue statement or misleading statement of a material fact, and do not
and will not omit to state a material fact required to be stated therein or necessary to make the
certifications, representations, warranties, statements, information and description s contained therein,
in light of the circumstances under which they were made, not misleading. The estimates and the
assumptions contained in the Loan Documents and in the Borrower’s Tax Certificate, as of the date
of the first authentication and delivery of the Bonds, are reasonable and based on the best information
available to the Borrower. Each of the certifications, representations, warranties, statements,
information and descriptions contained in the Borrower’s Tax Certificate is hereby incorporated into
this Loan Agreement by reference, as if fully set forth herein.
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(m) The Borrower has furnished to the Issuer, in the Tax Certificate, all
information necessary for the Issuer to file an IRS Form 8038 with respect to the Bonds, and all of
such information is and will be on the date of filing, true, complete and correct.
(n) The Borrower is not contemplating either the filing of a petition by it, by the
Managing General Partner, or by the Co-General Partner under any state or federal bankruptcy or
insolvency law or the liquidation of all or a major portion of its property, and the Borrower has no
knowledge of any Person contemplating the filing of any such petition against it or any Obligor.
(o) The Borrower is not an “employee benefit plan,” as defined in Section 3(3) of
ERISA, subject to Title I of ERISA, and none of the assets of the Borrower constitutes or will
constitute “plan assets” of one or more such plans within the meaning of 29 C.F.R. Section 2510.3-
101.
(p) No part of the proceeds of the Loan will be used for the purpose of
purchasing or acquiring any “margin stock” within the meaning of Regulation U of the Board of
Governors of the Federal Reserve System or for any other purpose that would be inconsistent with
such Regulation U or any other Regulati on of such Board of Governors, or for any purpose
prohibited by Legal Requirements or any Loan Document.
(q) The Borrower is not (i) an “investment company” or a company “controlled”
by an “investment company,” within the meaning of the Investment Company Act of 1940, as
amended; (ii) a “holding company” or a “subsidiary company” of a “holding company” or an
“affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public
Utility Holding Company Act of 1935, as amended; or (iii) subject to any other federal or state law or
regulation which purports to restrict or regulate its ability to borrow money.
(r) The Borrower has not entered into the Loan or any Loan Document with the
actual intent to hinder, delay, or defraud any creditor, and the Borrower has received reasonably
equivalent value in exchange for its obligations under the Loan Documents. Giving effect to the
transactions contemplated by the Loan Documents, the fair saleable value of the Borrower’s assets
exceeds and will, immediately following the execution and delivery of the Loan Documents, exceed
the Borrower’s total liabilities, including subordinated, unliquidated, disputed or contingent
liabilities. The fair saleable value of the Borrower’s assets is and will, immedi ately following the
execution and delivery of the Loan Documents, be greater than the Borrower’s probable liabilities,
including the maximum amount of its contingent liabilities or its debts as such debts become absolute
and matured. The Borrower’s assets do not and, immediately following the execution and delivery of
the Loan Documents, will not, constitute unreasonably small capital to carry out its business as
conducted or as proposed to be conducted. The Borrower does not intend to, and does not belie ve it
will, incur debts and liabilities (including contingent liabilities and other commitments) beyond its
ability to pay such debts as they mature (taking into account the timing and amounts to be payable on
or in respect of obligations of the Borrower).
(s) No written information, exhibit or report furnished to the Issuer by the
Borrower in connection with the negotiation of this Loan Agreement or the Loan Documents
contains any untrue statement of a material fact or omits to state a material fact required t o be stated
therein or necessary to make the statements therein, in the light of the circumstances under which
they were made, not misleading.
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(t) There is no action, suit, proceeding, inquiry or investigation, before or by any
court or federal, state, municipal or other Governmental Authority, pending, or to the knowledge of
the Borrower, threatened, against or affecting the Borrower or the assets, properties or operations of
the Borrower which, if determined adversely to the Borrower or its interests, would h ave a material
adverse effect upon the consummation of the transactions contemplated by, or the validity of, this
Loan Agreement or the Loan Documents, or upon the financial condition, assets, properties or
operations of the Borrower, and the Borrower is not in default (and no event has occurred and is
continuing which with the giving of notice or the passage of time or both could constitute a default)
with respect to any order or decree of any court or any order, regulation or demand of any federal,
state, municipal or other governmental authority, which default might have consequences that would
materially and adversely affect the consummation of the transactions contemplated by this Loan
Agreement or the Loan Documents, or the financial condition, assets, properties or operations of the
Borrower. All tax returns (federal, state and local) required to be filed by or on behalf of the
Borrower have been filed, and all taxes shown thereon to be due, including interest and penalties,
except such, if any, as are being actively contested by the Borrower in good faith, have been paid or
adequate reserves have been made for the payment thereof which reserves, if any, are reflected in the
audited financial statements described therein. The Borrower enjoys the peace ful and undisturbed
possession of all of the premises upon which it is operating its facilities.
(u) All utility services necessary and sufficient for the construction, equipping
and operation of the Project shall be, upon Completion of the Project, and therea fter will at all times
be, available through dedicated public rights of way or through perpetual private easements with
respect to the Borrower’s interest in which the Mortgage creates a valid and enforceable first priority
mortgage lien. The Borrower has obtained, or promptly will obtain, all utility installations and
connections required for the operation and servicing of the Project for its intended purposes.
(v) The rights of way for all roads necessary for the full utilization of the Project
for its intended purposes as required by applicable government authorities have either been acquired
by the appropriate Governmental Authority or have been dedicated to public use and accepted by
such Governmental Authority. All such roads shall have been completed, a nd the right to use all
such roads, or suitable substitute rights of way approved by the initial Servicer, shall be maintained at
all times for the Project. All curb cuts and driveways shown on the Plans and Specifications are
existing or have been fully approved by the appropriate Governmental Authority and after the
completion thereof, shall be maintained at all times for the Project.
(w) The acquisition, construction, equipping, use and occupancy of the Project
will at times comply with all Legal Requirements. The Borrower will give all notices to, and take all
other actions with respect to, such Governmental Authorities as may be required under applicable
Legal Requirements to construct and equip the Improvements and to use, occupy and operate the
Project.
(x) The Borrower is not in default or violation of any order, writ, injunction,
decree or demand of any Governmental Authority, the violation of which might materially adversely
affect the condition (financial or otherwise) or business of the Borrower. There has not been and
shall never be committed by the Borrower any act or omission affording any Governmental
Authority the right of forfeiture as against the Project or any part thereof or any moneys paid in
performance of the Borrower’s obligations under any Loan Document.
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(y) The Construction Contract is in full force and effect and each of the parties
thereto are in full compliance with their respective obligations thereunder. The work to be performed
under the Construction Contract is the work called for by the Plans and Specifications, and all work
required to complete the Improvements in accordance with the Plans and Specifications is provided
for under the Construction Contract.
(z) Each Requisition submitted by the Borrower shall contain an affirmation that
the foregoing representations and warranties remain true and correct as of the date hereof.
Section 2.3 Covenants by the Borrower. The Borrower hereby covenants and agrees
that, on and after the Closing Date, it will:
(a) Give written notice promptly, and in any event at least thirty (30) days prior
to the closing thereof, of any intended refinancing of the Project to the Issuer, the Trustee and the
Servicer;
(b) Comply with all Legal Requirements and promptly furnish the Issuer, the
Trustee and the Servicer with reports of any official investigations made by any Governmental
Authority and any claims of violations thereof;
(c) Upon reasonable notice and at reasonable times, permit the Servicer, the
Majority Owner, the Issuer and the Trustee (or their representatives) to enter upon t he Land and
inspect the Project;
(d) Indemnify the Issuer, the Trustee, the Owners and the Servicer against claims
of brokers arising by reason of the execution hereof or the consummation of the transactions
contemplated hereby;
(e) Deliver to the Servicer and the Issuer copies of all leases (other than leases to
residential tenants or office space tenants in the ordinary course of business in the form set forth in
Exhibit D hereto) with respect to the Project or any portion thereof, whether executed before or afte r
the date of this Loan Agreement;
(f) Not enter into, cancel or amend in any material respect any agreement for the
furnishing of management or similar services to the Project, without the prior written consent of the
Servicer and the Issuer, such consent not to be unreasonably withheld or delayed;
(g) Comply with all restrictions, covenants and easements affecting the Land or
the Project;
(h) Take, or require to be taken, such acts as may be required under applicable
law or regulation in order that the interest on the Bonds continues to be excludable from gross
income for purposes of federal income taxation, and refrain from taking any action which would
adversely affect the exclusion from gross income of interest on the Bonds from federal income
taxation;
(i) Perform and satisfy all the duties and obligations of the Borrower set forth
and specified in the Indenture as duties and obligations of the Borrower, including those duties and
obligations which the Indenture requires this Loan Agreement or the other Loan Documents to
impose upon the Borrower;
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(j) Promptly notify the Issuer, the Trustee and the Servicer in writing of any
(i) default by the Borrower in the performance or observance of any covenant, agreement,
representation, warranty or obligation of the Borrower set forth in this Loan Agreement or any other
Loan Documents or (ii) any event or condition which with the lapse of time or the giving of notice,
or both would constitute an Event of Default under this Loan Agreement or any other Loan
Documents; and commence, pursue and complete construction and equipping of the Improvements as
provided herein and in the Construction Disbursement Agreement;
(k) Pay all third-party fees of the financing, including but not limited to the
following:
(i) All taxes and assessments of any type or character charged to the
Issuer or to the Trustee affecting the amount available to the Issuer or the Trustee from payments to
be received hereunder or in any way arising due to the transactions contemplated hereby (including
taxes and assessments assessed or levied by any public agency or governmental authority of
whatsoever character having power to levy taxes or assessments) but excluding franchise taxes based
upon the capital and/or income of the Trustee and taxes based upon or measured by the net income of
the Trustee; provided, that the Borrower shall have the right to protest any such taxes or assessments
and to require the Issuer or the Trustee, at the Borrower’s expense, to protest and contest any such
taxes or assessments levied upon them and that the Borrower shall have the right to withhold
payment of any such taxes or assessments pending disposition of any such protest or contest unless
such withholding, protest or contest would adversely affect the rights or interests of the Issuer or the
Trustee;
(ii) All reasonable fees, charges and expenses of the Trustee and the
Servicer for services rendered under the Indenture and/or the Loan Agreement, including, but not
limited to, the Trustee Expenses, as and when the same become due and payable;
(iii) The Issuer Issuance Fee and the Issuer Annual Fee, payable to the
Issuer as set forth in Section 20 of the Regulatory Agreement, and the reasonable fees and expenses
of the Issuer or any agents, attorneys, accountants, consultants selected by the Issuer to act o n its
behalf in connection with this Loan Agreement, the Regulatory Agreement, the Bonds or the
Indenture, including, without limitation, any and all reasonable expenses incurred in connection with
the authorization, issuance, sale and delivery of the Bond s or in connection with any litigation which
may at any time be instituted involving this Loan Agreement, the Regulatory Agreement, other Issuer
Documents, the Bonds or the Indenture or any of the other documents contemplated thereby, or in
connection with the reasonable supervision or inspection of the Borrower, its properties, assets or
operations or otherwise in connection with the administration of the foregoing; and
(iv) These obligations and those in Sections 5.6 and 5.7 shall remain valid
and in effect notwithstanding repayment of the Loan hereunder or termination of this Loan
Agreement.
The Borrower acknowledges that, to the extent that regulations of the Comptroller of the
Currency or any other applicable regulatory agency require granting the Borrower the right to receive
brokerage confirmations of securities transactions as they occur, the Borrower specifically waives the
right to receive such confirmations.
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ARTICLE III
LOAN AND PROVISIONS FOR REPAYMENT
Section 3.1 Issuance of Bonds and Delivery of Note and other Loan Documents.
(a) In order to finance a portion of the costs of the acquisition, construction and
equipping of the Project, the Issuer has, consistent with its duties and purpose under the Act, issued
and caused the Trustee to authenticate and deliver the Bonds pursuant to the Indenture to the initial
Owner. The Bonds bear interest and are payable as provided therein and in the Indenture. The
Bonds shall mature and all Outstanding principal of, interest and Additional Interest (if a ny) on the
Bonds shall be due and payable in full on the Maturity Date, all as provided more fully in the Bonds
and the Indenture.
(b) The Issuer agrees to lend the proceeds received from the sale of the Bonds to
the Borrower, by causing such amounts to be deposited directly into the Project Fund, subject to the
terms and conditions of the Indenture and this Loan Agreement, including the terms and conditions
thereof and hereof governing the disbursement of proceeds of the Loan.
(c) Pursuant to the Indenture, the Trustee shall make disbursements from the
Project Fund created pursuant to the Indenture to pay or to reimburse the Borrower for costs of the
acquisition, construction and equipping of the Project, subject to the conditions of the Indenture and
this Loan Agreement. Upon receipt of a properly signed Requisition approved by the Servicer
(which approval of the Servicer is expressly subject to the satisfaction of the conditions precedent set
forth in the Construction Disbursement Agreement), the Trustee is authorized to act upon such
Requisition without further inquiry, and, except for negligence after notice of facts to the contrary or
willful misconduct of the Trustee, the Borrower shall hold the Trustee harmless against any and all
losses, claims or liabilities incurred in connection with the Trustee’s making disbursements from the
Project Fund in accordance with such Requisition. Neither the Trustee nor the Issuer shall be
responsible for the application by the Borrower of moneys properly disbursed from the Project Fund.
(d) Concurrently with the sale and delivery of the Bonds, and to evidence further
the obligation to repay the Loan in accordance with the provisions of this Loan Agreement, the
Borrower has executed and delivered the Tax-Exempt Note and the Taxable Note and the other Loan
Documents. The Tax-Exempt Note and the Taxable Note shall be in the original aggregate principal
amounts of, and shall bear interest at the same rates per annum as, the Tax-Exempt Bonds and the
Taxable Bonds, respectively.
Section 3.2 Loan Repayments and Other Amounts.
(a) The Borrower shall pay to the Trustee, for deposit into the Revenue Fund, on
the first day of each month commencing _______ 1, 2025 and continuing until the Conversion Date,
an amount equal to the sum of (i) the interest due on the Bonds on said date, plus (ii) amounts
required to be deposited into the Tax and Insurance Fund pursuant to [the Construction Disbursement
Agreement] [KMO – IS THIS CORRECT?] as of such date. On and after the Conversion Date, the
Borrower shall pay to the Trustee, for deposit into the Revenue Fund, principal, interest and other
amounts due and payable pursuant to the terms of the Note, at the times required thereby, and shall
pay to the Trustee, for delivery by the Trustee to Bank, any amount then required to be deposited into
the Replacement Reserve pursuant to the Replacement Reserve Agreement and any amount then
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required to be deposited into the Operating Reserve pursuant to [the Construction Disbursement
Agreement] [KMO – IS THIS CORRECT?]. Amounts so paid to the Trustee by the Borrower shall
be in immediately available funds or shall be such that on the Bond Payment Date they are available
funds.
(b) The Borrower understands that the interest rates applicable under the Tax-
Exempt Note and with respect to the Tax-Exempt Bonds are based upon the assumption that interest
income paid on the Tax-Exempt Bonds will be excludable from the gross income of the Owners
under Section 103 of the Code (except to the extent that an Owner is a “substantial user” of the
Project within the meaning of Section 147(a) of the Code or a Related Person to such substantial
user) and applicable state law. In the event that an Initial Notification of Taxability shall occur, then
the interest rates on the Tax-Exempt Note and the Tax-Exempt Bonds, and on all obligations under
this Loan Agreement (other than the Taxable Note and those obligations to which the Alternative
Rate applies) shall, effective on the date of such Initial Notification of Taxability, be increased to a
rate equal to the taxable rate, described in the Notes. The Borrower shall, in addition, pay to the
Trustee, for deposit into the Revenue Fund, promptly upon demand from the Trustee or the Servicer,
an amount equal to the Additional Interest payable on the Tax-Exempt Bonds. The Borrower shall
also indemnify, defend and hold the Owners harmless from any penalties, interest expense or other
costs, including reasonable attorneys’ fees (including all reasonably allocated time and charges of
Owners’ and Trustee’s “outside” counsel) and accountants’ costs, resulting from any dispute with the
Internal Revenue Service concerning the proper tax treatment of the Tax-Exempt Bonds and any
interest payable to any Owner with respect to the Tax-Exempt Bonds. The obligations of the
Borrower under this Section 3.2(b) shall survive termination of this Loan Agreement and the Tax-
Exempt Note and repayment of the Loan. If, following any increase in interest rates pursuant to this
Section 3.2(b), a final determination is made, to the satisfaction of the Owners, that interest paid on
the Tax-Exempt Bonds is excludable from the Owners’ gross income under Section 103 of the Code
except to the extent that an Owner is a “substantial user” of the Project or a “related person” within
the meaning of Section 147(a) of the Code) and applicable state law, the Owners shall promptly
refund to the Borrower any Additional Interest and other additional amounts paid by the Borrower
pursuant to this Section 3.2(b).
(c) The Borrower agrees to pay the Trustee Fee and Trustee Expenses to the
Trustee and agrees to pay the Issuer Issuance Fee and the Issuer Annual Fee to the Issuer. The
Borrower also agrees to pay all fees, charges and expenses of the Trustee and the Issuer, respectively
(including, without limitation, the reasonable, actually incurred fees and expenses of counsel to the
Issuer, Bond Counsel and counsel to the Trustee), as and when the same become due. The Borrower
also agrees to pay the printing and engraving costs of the Bonds, including any certificates required
to be prepared for use in connection with any exchanges of Bonds for the cost of which Owners are
not liable. The Borrower also agrees to pay the Loan Fees to the Bank on or before the Closing Date,
to pay the fees of the Majority Owner and the Servicer, and to pay all reasonable costs and expenses
incurred by the Majority Owner and the Servicer in connection with the administration of the Bonds,
the Loan or the collateral therefor, and any amendments, modifications or “workouts” t hereof,
including without limitation reasonable attorneys’ fees and costs (including allocated costs of in -
house attorneys), fees and costs of engineers, accountants, appraisers and other consultants, title
insurance premiums and recording costs upon receipt of written demand therefor.
(d) The Borrower agrees to pay all Costs of Issuance (in addition to those Costs
of Issuance otherwise required to be paid by this Section 3.2).
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(e) The Borrower agrees to pay any Prepayment Equalization Payments at the
times and in the amounts the same become payable pursuant to the Indenture or the Note.
(f) The Borrower agrees to pay, as and when the same become due, to the Issuer,
the Servicer or the Trustee any extraordinary expenses, including, without limitation, any costs of
litigation, which may be incurred by the Issuer, the Servicer or the Trustee in connection with this
Loan Agreement, the Bonds, or the Indenture, including the reasonable, actually incurred costs and
fees of any attorneys or other experts retained by the Issuer, the Servicer or the Trustee in connection
therewith.
(g) The Borrower agrees to repay the Loan at the times and in the amounts
necessary to enable the Trustee, on behalf of the Issuer, to pay all amounts payable with respect to
the Bonds, when due, whether at maturity or upon redemption, acceleration, tender, purchase or
otherwise.
(h) If Issuer has not received the full amount of any payment scheduled to be
made under this Loan Agreement, other than the final principal payment, by the end of ten (10)
calendar days after the date it is due, Borrower shall pay a late charge to Issuer in the amount of five
percent (5%) of the overdue payment; provided, however, in no event shall any late charge be
payable hereunder without Issuer first having provided Borrower with any notice required by
applicable law. Borrower shall pay this late charge only once on any late payment. This late charge
shall not be construed as in any way extending the due date of any payment, and is in addition to (and
not in lieu of) any other remedy Issuer may have.
Section 3.3 Payments Pledged and Assigned. It is understood and agreed that the Loan
Documents and certain other documents and property and all payments required to be made by the
Borrower pursuant hereto (except payments to be made to the Issuer in respect of its Reserved Rights
and payments to be made to the Servicer and the Trustee pursuant to Section 3.2(b) hereof) have
been assigned to the Trustee simultaneously herewith pursuant to the Indenture as and for security for
the Bonds. The Borrower hereby consents to such assignment and recognizes the Trustee as the
assignee of the Issuer, to the extent of the assignment, for purposes of said documents and property.
Section 3.4 Obligations of Borrower Hereunder Unconditional. The obligations of the
Borrower to make any payments required by the terms of this Loan Agreement and the other Loan
Documents, including, without limitation, the payments required in Section 3.2 hereof, and to
perform and observe the other agreements on its part contained herein and in the other Loan
Documents shall be absolute and unconditional and shall not be subject to any defense (other than
payment) or any right of set off, counterclaim, abatement or otherwise and, until such time as the
principal of and interest on the Bonds shall have been fully paid or provision for the payment thereof
shall have been made in accordance with the Indenture. The Borrower (i) will not suspend or
discontinue, or permit the suspension or discontinuance of, any payments provided for herein or in
the other Loan Documents, (ii) will perform and observe all of its other agreements contained herein
and the other Loan Documents and (iii) will not suspend the performance of its obligations hereunder
and under the other Loan Documents for any cause including, without limiting the generality of the
foregoing, failure to complete construction and equipping of the Project, any acts or circumstances
that may constitute failure of consideration, failure of or a defect of title to the Project or any part
thereof, eviction or constructive eviction, destruction of or damage to the Project, commercial
frustration of purpose, any change in the tax or other laws or administrative rulings of or
administrative actions by the United States of America or the State or any pol itical subdivision of
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either, or any failure of the Issuer to perform and observe any agreement, whether express or implied,
or any duty, liability or obligation arising out of or connected with this Loan Agreement or the other
Loan Documents. The Borrower may, at its own cost and expense and in its own name or in the
name of the Issuer (if the Issuer is a necessary party and consents thereto), prosecute or defend any
action or proceeding or take any other action involving third persons which the Borrower deems
reasonably necessary in order to secure or protect its rights hereunder, and in such event the Issuer,
subject to the provisions of the Indenture, hereby agrees to cooperate fully with the Borrower and to
take all action (at the Borrower’s cost and e xpense) necessary to effect the substitution of the
Borrower for the Issuer in any such action or proceeding if the Borrower shall so request.
ARTICLE IV
ADVANCES
Section 4.1 Requisition. At such time as the Borrower shall desire to obtain an advance
from the Loan Account, the Insurance and Condemnation Proceeds Account, or, the Equity Account
of the Project Fund, the Borrower shall complete, execute and deliver a Requisition to the Servicer.
Each Requisition shall be signed on behalf of the Borrower and shall be in the form attached as
Exhibit C to the Indenture. The Trustee may rely conclusively on the statements and certifications
contained in any Requisition. The Borrower shall not submit any Requisition directly to the Trustee.
Each advance from the Loan Account, the Insurance and Condemnation Proceeds Account, or the
Equity Account of the Project Fund by the Trustee shall be subject to prior approval of the
Requisition by the Servicer. Upon approval, the Servicer shall forward each Requisition to the
Trustee for payment.
ARTICLE V
SPECIAL COVENANTS OF THE BORROWER
Section 5.1 Commencement and Completion of Project. The Borrower will commence
construction and equipping of the Improvements within ninety (90) days after the Closing Date, will
diligently pursue construction and equipping of the Improvements, will attain Completion prior to the
Completion Date, and will pay all sums and perform all such acts as may be necessary or appropriate
to complete such construction and equipping, all as more fully set forth in the Construction
Disbursement Agreement.
Section 5.2 Records and Accounts. The Borrower will (a) keep true and accurate
records and books of account in which full, true and correct entries will be made in accordance with
Generally Accepted Accounting Principles, which records and books will not be maintained on a
consolidated basis with those of any other Person, including any Affiliate of the Borrower and
(b) maintain adequate accounts and reserves for all taxes (including income taxes), depreciation and
amortization of its properties, contingencies, and other reserves, all of which accounts shall not be
commingled with accounts of any other Person, including any Affiliate of the Borrower. Upon
reasonable notice and at reasonable times, the Borrower will permit the Servicer, the Majority
Owner, the Issuer, and the Trustee (or their representatives) to inspect such records and books of
account at a location in Contra Costa County, California.
Section 5.3 Compliance with Laws, Contracts, Licenses, and Permits. The Borrower
will comply with (a) all Legal Requirements, (b) the provisions of its Organizational Documents,
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(c) all applicable decrees, orders and judgments, and (d) all licenses and permits required by
applicable laws and regulations for the conduct of its business or the ownership, use or operati on of
its properties.
Section 5.4 Use of Proceeds; Excess Project Costs. The Borrower will use the proceeds
of the Bonds solely for the purpose of paying for Qualified Costs of the Project, all in accordance
with the Project budget approved by the Issuer. Except as may be provided to the contrary in the
Construction Disbursement Agreement, the Borrower will pay when due all costs of acquisition,
construction and equipping of the Project in excess of the proceeds of the Bonds, regardless of the
amount.
Section 5.5 Preservation of Tax Exemption. The Borrower will not take any action that
would adversely affect the exclusion of interest on the Tax-Exempt Bonds from gross income for
purposes of federal income taxation, nor omit or fail to take any action required to maintain the
exclusion of interest on the Tax-Exempt Bonds from gross income for purposes of federal income
taxation (in each case, except to the extent that an Owner is a “substantial user” of the Project within
the meaning of Section 147(a) of the Code or a Related Person to such substantial user).
Section 5.6 Arbitrage and Tax Matters. The Borrower further represents, warrants and
covenants as follows:
(a) General. The Borrower shall not take any action or omit to take any action
which, if taken or omitted, respectively, would adversely affect the excludability of interest on the
Bonds from gross income, as defined in Section 61 of the Code, for federal income tax purposes.
Capitalized terms used in this Section 5.6 shall have the respective meanings assigned to them in the
Regulatory Agreement or, if not defined therein, in the Indenture. With the intent not to limit the
generality of the foregoing, the Borrower covenants and agrees that, prior to the final maturity of the
Bonds, unless it has received and filed with the Issuer and the Trustee an opinion of Bond Counsel to
the effect that such action or omission would not adversely affect the excludability of interest on the
Bonds from gross income (other than interest on any Tax-Exempt Bond for a period during which
such Tax-Exempt Bond is held by a “substantial user” within the meaning of Section 147(a) of the
Code of any facility financed with the procee ds of the Bonds or a Related Person to such substantial
user), the Borrower will comply with this Section 5.6.
(b) Use of Proceeds. The use of the proceeds of the Bonds at all times will
satisfy the following requirements:
(i) Limitation on Proceeds. At least 95% of the proceeds of the Bonds
actually expended shall be used to pay Qualified Project Costs that are costs of a “qualified
residential rental project” (within the meaning of Sections 142(a)(7) and 142(d) of the Code) and
property that is “functionally related and subordinate” thereto (within the meaning of Sections 1.103-
8(a)(3) and 1.103-8(b)(4)(iii) of the Regulations).
(ii) Limit on Costs of Issuance. The proceeds of the Bonds will be
expended for the purposes set forth in this Loan Agreement and in the In denture and no portion
thereof in excess of two percent of the proceeds of the Bonds, within the meaning of Section 147(g)
of the Code, will be expended to pay Costs of Issuance of the Bonds.
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(iii) Prohibited Facilities. The Borrower shall not use or permit the use of
any proceeds of the Bonds or any income from the investment thereof to provide any airplane,
skybox, or other private luxury box, health club facility, any facility primarily used for gambling, or
any store the principal business of which is the sale of alcoholic beverages for consumption off
premises.
(iv) Limitation on Land. Less than 25% of the proceeds of the Bonds
actually expended will be used, directly or indirectly, for the acquisition of land or an interest therein.
Notwithstanding the immediately preceding sentence no portion of the proceeds of the Bonds will be
used, directly or indirectly, for the acquisition of land or an interest therein to be used for farming
purposes.
(v) Limitation on Existing Facilities. No portion of the proceeds of the
Bonds will be used for the acquisition of any existing property or an interest therein unless (A) the
first use of such property is pursuant to such acquisition or (B) the rehabilitation expenditures with
respect to any building and the equipment therefor equal or exceed 15% of the cost of acquiring such
building financed with the proceeds of the Bonds (with respect to structures other than buildings, this
clause shall be applied by substituting 100 percent for 15 %). For purposes of the preceding sentence,
the term “rehabilitation expenditures” shall have the meaning set forth in Section 147(d)(3) of the
Code.
(vi) Accuracy of Information. The information furnished by the Borrower
and used by the Issuer in preparing the certificate pursuant to Section 148 of the Code and
information statement pursuant to Section 149(e) of the Code is accurate and complete as of the date
of the issuance of the Bonds.
(vii) Limitation of Project Expenditures. The acquisition, construction and
equipping of the Project were not commenced (within the meaning of Section 144(a) of the Code)
prior to the 60th day preceding January 21, 2025, being the effective date of the reimbursement
resolution adopted with respect to the Project, and no obligation for which reimbursement will be
sought from proceeds of the Bonds relating to the acquisition, construction or equipping of the
Project was paid or incurred prior to 60 days prior to such date.
(c) Limitation on Maturity. Taking into account the maturity of the Bonds, the
average maturity of the Bonds does not exceed 120% of the average reasonably expected economic
life of the Project to be financed by the Bonds, weighted in proportion to the respective cost of each
item comprising the property the cost of which has been or will be financed, directly or indirectly,
with the proceeds of the Bonds. For purposes of the preceding sentence, the reasonably expected
economic life of property shall be determined as of the later of (A) the Closing Date for the Bonds or
(B) the date on which such property is placed in service (or expected to be placed in service). In
addition, land shall not be taken into account in determining the reasonably expected economic life
of property.
(d) No Arbitrage. The Borrower shall not take any action or omit to take any
action with respect to the Gross Proceeds of the Bonds (within the meaning of the Code) or of any
amounts expected to be used to pay the principal thereof or the interest thereon which, if taken or
omitted, respectively, would cause any Tax-Exempt Bond to be classified as an “arbitrage bond”
within the meaning of Section 148 of the Code. Except as provided in the Indenture and this Loan
Agreement, the Borrower shall not pledge or otherwise encumber, or permit the pledge or
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encumbrance of, any money, investment, or investment property as security for payment of any
amounts due under this Agreement or the Note relating to the Bonds, shall not establish any
segregated reserve or similar fund for such purpose and shall not prepay any such amounts in
advance of the redemption date of an equal principal amount of the Bonds, unless the Borrower has
obtained in each case an opinion of Bond Counsel, a copy of which shall be provided to the Issuer.
The Borrower shall not, at any time prior to the final maturity of the Bonds, direct or permit the
Trustee to invest such Gross Proceeds in any investment (or to use such Gross Proceeds to replace
money so invested), if, as a result of such investment the yield of all investments acquired with such
Gross Proceeds (or with money replaced thereby) on or prior to the date of such investment exceeds
the yield of the Bonds to Maturity Date except as permitted by Section 148 of the Code and
Regulations thereunder or as provided in the Regulatory Agreement. The Borrower further
covenants and agrees that it will comply with and will take all action reasonably required to insure
that the Trustee complies with all applicable requirements of said Section 148 and the rules and
Regulations thereunder relating to the Bonds and the interest thereon, including the employment of a
Rebate Analyst for the calculation of rebatable amounts (including any yield reduction payments
pursuant to Section 148 of the Code) to the United States Treasury Department (the “Rebate
Amount”). The Borrower agrees that it will cause the Rebate Analyst to calculate the Rebatable
Amount prior to the Conversion Date, annually not later than forty-five days after the anniversary of
the Closing Date and subsequent to the Conversion Date, not later than forty-five days after the fifth
anniversary of the Closing Date and each five years thereafter and not later than forty-five days after
the redemption of all outstanding Bonds or the Maturity Date (eac h referred to herein as a
“Computation Date”) and agrees that the Borrower will pay all costs associated therewith.
(e) No Federal Guarantee. Except to the extent permitted by Section 149(b) of
the Code and the Regulations and rulings thereunder, the Borrower shall not take or omit to take any
action which would cause the Bonds to be “federally guaranteed” within the meaning of
Section 149(b) of the Code and the Regulations and rulings thereunder.
(f) Representations. The Borrower has supplied or caused to be supplied to
Bond Counsel all documents, instruments and written information requested by Bond Counsel, and
all such documents, instruments and written information supplied by or on behalf of the Borrower at
the request of Bond Counsel, which have been reasonably relied upon by Bond Counsel in rendering
its opinion with respect to the exclusion from gross income of the interest on the Bonds for federal
income tax purposes, are true and correct in all material respects, do not contain any untrue statement
of a material fact and do not omit to state any material fact necessary to be stated therein in order to
make the information provided therein, in light of the circumstances under which such information
was provided, not misleading, and the Borrower is not aware of any other pertinent information
which Bond Counsel has not requested.
(g) Covenant re Program Investments. The Borrower and related parties to the
Borrower may not purchase Bonds in an amount related to the Loan under the Loan Agreement. The
term “related party” means any member of the same controlled group as the Borrower. The term
“controlled group” means a group of entities directly or indirectly subject to control by the same
person or persons, including the person that has the control of the other e ntities.
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(h) Arbitrage Rebate. The Borrower agrees to take all steps necessary to
compute and pay any rebatable arbitrage in accordance with Section 148(f) of the Code including:
(i) Delivery of Documents and Money on Computation Dates. The
Borrower will deliver to the Trustee, within 55 days after each Computation Date:
(A) a statement, signed by the Borrower, stating the Rebate
Amount as of such Computation Date;
(B) (1) if such Computation Date is a Computation Date
subsequent to which a Rebate Amount may be owed, an amount that, together with any amount then
held for the credit of the Rebate Fund, is equal to at least 90% of the Rebate Amount as of such
Computation Date, less any “previous rebate payments” made to the United States (as that term is
used in Section 1.148-3(f)(1) of the Regulations), or (2) if such Computation Date is the Computation
Date resulting from the Maturity Date or redemption of all outstanding Bonds, an amount that,
together with any amount then held for the credit of the Rebate Fund, is equal to the Rebate Amount
as of such Computation Date, less any “previous rebate payments” made to the United States (as that
term is used in Section 1.148-3(f)(1) of the Regulations); and
(C) an Internal Revenue Service Form 8038-T properly signed
and completed as of such Computation Date.
(ii) Correction of Underpayments. If the Borrower shall discover or be
notified as of any date that any payment paid to the United States Treasury pursuant to this
Section 5.6 of an amount described in Section 5.6(h)(i)(A) or (B) above shall have failed to satisfy
any requirement of Section 1.148-3 of the Regulations (whether or not such failure shall be due to
any default by the Borrower, the Issuer or the Trustee), the Borrower shall (1) pay to the Trustee (for
deposit to the Rebate Fund) and cause the Trustee to pay to the United States Treasury from the
Rebate Fund the underpayment of the Rebate Amount, together with any penalty and/or interest due,
as specified in Section 1.148-3(h) of the Regulations, within 175 days after any discovery or notice
and (2) deliver to the Trustee an Internal Revenue Service Form 8038 -T completed as of such date.
If such underpayment of the Rebate Amount, together with any penalty and/or interest due, is not
paid to the United States Treasury in the amount and manner and by the time specified in the
Regulations the Borrower shall take such steps as are necessary to prevent the Bonds from becoming
arbitrage bonds, within the meaning of Section 148 of the Code.
(iii) Records. The Borrower shall retain all of its accounting records
relating to the funds established under the Indenture and all calculations made in preparing the
statements described in this Section 5.6 for at least six years after the later of the final maturity of the
Bonds or the date the last Tax-Exempt Bond is discharged.
(iv) Costs. The Borrower agrees to pay all of the fees and expenses of a
nationally recognized Bond Counsel, the Rebate Analyst, a certified public accountant and any other
necessary consultant employed by the Borrower, the Trustee or the Issuer in connection with
computing the Rebate Amount.
(v) No Diversion of Rebatable Arbitrage. The Borrower will not
indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing
requirements to any person other than the federal government by entering into any investment
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arrangement with respect to the Gross Proceeds of the Bonds which is not purchased at fair market
value or includes terms that the Borrower would not have included if the Bonds were not subject to
Section 148(f) of the Code.
(vi) Modification of Requirements. If at any time during the term of this
Loan Agreement, the Issuer, the Trustee or the Borrower desires to take any action which would
otherwise be prohibited by the terms of this Section 5.6, such Person shall be permitted to take such
action if it shall first obtain and provide to the other Persons named herein an opinion of Bond
Counsel.
(i) Qualified Residential Rental Project. The Borrower hereby covenants and
agrees that the Project will be operated as a “qualified residential rental project” within the meaning
of Section 142(d) of the Code, on a continuous basis during the longer of the Qualified Project Period
or any period during which any Tax-Exempt Bond remains outstanding, to the end that the interest on
the Bonds shall be excluded from gross income for federal income tax purposes. The Borrower
hereby covenants and agrees, continuously during the Qualified Project Period, to comply with all
the provisions of the Regulatory Agreement.
(j) Information Reporting Requirements. The Borrower will comply with the
information reporting requirements of Section 149(e)(2) of the Code requiring certain information
regarding the Bonds to be filed with the Internal Revenue Service within prescribed time limits .
(k) [Reserved].
(l) [Reserved].
(m) Bonds are Not Hedge Bonds. The Borrower covenants and agrees that not
more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a
substantially guaranteed Yield for four years or more within the meaning of Section 149(f)(3)(A)(ii)
of the Code, and the Borrower reasonably expects that at least 85% of the spendable proceeds of the
Bonds will be used to carry out the governmental purposes of the Bonds within the three-year period
beginning on the Closing Date.
(n) Termination of Restrictions. Although the parties hereto recognize that,
subject to the provisions of Section 12 of the Regulatory Agreement, the provisions of this Loan
Agreement shall terminate in accordance with Section 8.11 of this Loan Agreement, the parties
hereto recognize that pursuant to the Regulatory Agreement, the requirements incorporated by
reference in this Section 5.6 may continue in effect beyond the term hereof.
(o) Public Approval. The Borrower covenants and agrees that the proceeds of the
Bonds will not be used in a manner that deviates in any substantial degree from the Project described
in the written notice of a public hearing regarding the Bonds.
(p) 40/60 Test Election. The Borrower and the Issuer hereby elect to apply the
requirements of Section 142(d)(1)(B) to the Project. The Borrower hereby represents, covenants and
agrees, continuously during the Qualified Project Period, to comply with all the provisions of the
Regulatory Agreement.
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(q) Modification of Tax Covenants. Subsequent to the issuance of the Bonds and
prior to their payment in full (or provision for the payment thereof having been made i n accordance
with the provisions of the Indenture) of the Bonds, this Section 5.6 may not be amended, changed,
modified, altered or terminated except as permitted herein and by the Indenture and with the written
consent of the Issuer. Anything contained in this Loan Agreement or the Indenture to the contrary
notwithstanding, the Issuer, the Trustee and the Borrower hereby agree to amend this Loan
Agreement and, if appropriate, the Indenture and the Regulatory Agreement, to the extent required,
in the opinion of Bond Counsel, in order for interest on the Bonds to remain excludable from gross
income for federal income tax purposes. The party requesting such amendment shall notify the other
parties to this Loan Agreement of the proposed amendment and send a c opy of such requested
amendment to Bond Counsel. After review of such proposed amendment, Bond Counsel shall render
to the Trustee an opinion as to the effect of such proposed amendment upon the includability of
interest on the Bonds in the gross income of the recipient thereof for federal income tax purposes.
The Borrower shall pay all necessary fees and expenses incurred with respect to such amendment.
The Borrower, the Issuer and, where applicable, the Trustee per written instructions from the Issuer ,
shall execute, deliver and, if applicable, the Borrower shall file of record, any and all documents and
instruments, including without limitation, an amendment to the Regulatory Agreement.
Section 5.7 Indemnification.
(a) To the fullest extent permitted by law, the Borrower agrees to indemnify,
hold harmless and defend the Issuer, the Servicer, the Trustee, each Owner and each of their
respective past, present and future officers, governing members, directors, officials, employees,
attorneys and agents (each an “Indemnified Party”), against any and all losses, damages, claims,
actions, liabilities, reasonable costs and expenses of any nature, kind or character (including, without
limitation, reasonable attorneys’ fees, litigation and court costs, amounts paid in settlement (to the
extent that the Borrower has consented to such settlement) and amounts paid to discharge judgments)
(the “Liabilities”) to which the Indemnified Parties, or any of them, may become subject under
federal or state securities laws or any other statutory law or at common law or otherwise, to the
extent arising out of or based upon or in any way relating to:
(i) The Bonds, Loan Documents and the Indenture or the execution or
amendment thereof or in connection with transactions contemplated thereby, includin g the issuance,
sale, transfer or resale of the Bonds, including any securitization thereof;
(ii) Any act or omission of the Borrower or any of its agents, contractors,
servants, employees or licensees in connection with the Loan or the Project, the operation o f the
Project, or the condition, environmental or otherwise, occupancy, use, possession, conduct or
management of work done in or about, or from the planning, design, acquisition, installation or
construction of, the Project or any part thereof;
(iii) Any lien (other than a permitted encumbrance) or charge upon
payments by the Borrower to the Trustee hereunder, or any taxes (including, without limitation, all
ad valorem taxes and sales taxes), assessments, impositions and other charges imposed on the Issuer
or the Trustee in respect of any portion of the Project;
(iv) Any violation of any environmental law, rule or regulation with
respect to, or the release of any toxic substance from, the Project or any part thereof;
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(v) The enforcement of, or any action taken by the Trustee or the Servicer
related to remedies under this Loan Agreement, the Indenture and the other Loan Documents relating
to the default by the Borrower;
(vi) The defeasance and/or redemption, in whole or in part, of the Bonds;
(vii) Any untrue statement or misleading statement or alleged untrue
statement or alleged misleading statement of a material fact by the Borrower contained in any
offering statement or document for the Bonds, the Indenture or any of the Loan Documents to which
the Borrower is a party, or any omission or alleged omission from any offering statement or
document for the bonds of any material fact necessary to be stated therein in order to make the
statements made therein by the Borrower, in the light of the circumstances under which they were
made, not misleading, including without limitation any offering statement or disclosure document in
connection with any securitization or other secondary market transaction with respect to the Bonds;
(viii) Any declaration of taxability of interest on the Bonds or allegations
(or regulatory inquiry) that interest on the Bonds, is taxable for federal income tax purposes; or
(ix) The Trustee’s acceptance or administration of the trust of the
Indenture, or the Trustee’s exercise or performance of or failure to exercise or perfor m any of its
powers or duties thereunder or under any of the Loan Documents to which it is a party;
(x) except in the case of the foregoing indemnification of the Servicer or
any related Indemnified Party, to the extent such damages are caused by the gross neg ligence or
willful misconduct of such Indemnified Party or any breach by such party of its obligations under the
Indenture or any of the Loan Documents or any untrue statement or misleading statement of a
material fact by such Indemnified Party contained i n any offering statement or document for the
Bonds or any of the Loan Documents or any omission or alleged omission from any such offering
statement or document of any material fact necessary to be stated therein in order to make the
statements made therein by such Indemnified Party not misleading. In the case of the foregoing
indemnification of the Issuer, or any related Indemnified Party, they shall not be indemnified by the
Borrower with respect to liabilities arising from their own willful misconduct. In the case of the
foregoing indemnification of the Trustee, or any related Indemnified Party, they shall not be
indemnified by the Borrower with respect to liabilities arising from their own negligence or willful
misconduct.
(b) In the event that any action or proceeding is brought against any Indemnified
Party with respect to which indemnity may be sought hereunder, the Borrower, upon written notice
from the Indemnified Party (which notice shall be timely given so as not to materially impair the
Borrower’s right to defend), shall assume the investigation and defense thereof, including the
employment of counsel reasonably approved by the Indemnified Party, and shall assume the payment
of all expenses related thereto, with full power to litigate, compromise o r settle the same in its sole
discretion; provided, that the Indemnified Party shall have the right to review and approve or
disapprove any such compromise or settlement, which approval shall not be unreasonably withheld.
Each Indemnified Party shall have the right to employ separate counsel in any such action or
proceeding and to participate in the investigation and defense thereof; provided, that the Issuer has
the absolute right to employ separate counsel at the expense of the Borrower. The Borrower sh all
pay the reasonable fees and expenses of such separate counsel; provided, that such Indemnified Party
other than the Issuer may only employ separate counsel at the expense of the Borrower if and only if
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in such Indemnified Party’s good faith judgment (based on the advice of counsel) a conflict of
interest exists or could arise by reason of common representation except that the Borrower shall
always pay the reasonable fees and expenses of the Issuer’s separate counsel.
(c) Notwithstanding any transfer of the Project to another owner in accordance
with the provisions of this Loan Agreement or the Regulatory Agreement, the Borrower shall remain
obligated to indemnify each Indemnified Party pursuant to this Section 5.7 if such subsequent owner
fails to indemnify any party entitled to be indemnified hereunder, unless the Issuer, the Trustee and
the Servicer have consented to such transfer and to the assignment of the rights and obligations of the
Borrower hereunder.
(d) The rights of any persons to indemnity hereunder and rights to payment of
fees and reimbursement of expenses hereunder shall survive the final payment or defeasance of the
Bonds and in the case of the Trustee any resignation or removal. The provisions of this Section shall
survive the termination of this Loan Agreement.
(e) Nothing in this Section 5.7 shall in any way limit (i) the Borrower’s
indemnification and other payment obligations set forth in the Regulatory Agreement, or (ii) the
Guarantor’s payment obligations under the Payment Guaranty.
ARTICLE VI
OPTION AND OBLIGATIONS OF BORROWER TO PREPAY
Section 6.1 Optional Prepayment.
(a) The Note and amounts due under Section 3.2(a) hereof are subject to
prepayment in order to effect the redemption of the Bonds under Section 4.03 of the Indenture at the
option of the Borrower in whole or in part at the times (and not before the times) and at the
redemption prices plus accrued interest to the redemption date of the Bonds, Additional Interest and
the Prepayment Equalization Payment, if applicable, as set forth in Section 4.03 of the Indenture.
The Note is not otherwise subject to optional prepayment by the Borrower.
(b) To effect prepayment of the Note and redemption of the Bonds as
contemplated in subparagraph (a) above, the Borrower shall deliver to the Trustee and the Servicer,
not less than ninety (90) days (or such lesser number of days acceptable to the Servicer and the
Trustee) prior to the date on which Bonds are subject to redemption under said Section, a written
certificate of the Borrower stating that the Borrower is prepaying the Note pursuant to this
Section 6.1. The certificate from the Borrower shall certify to the following: (i) the principal amount
of the Note to be prepaid, (ii) that the amount to be prepaid on the Note shall be credited to
redemption of the Bonds pursuant to Section 4.03 of the Indenture, (iii) the date for redemption of the
Bonds, and (iv) any conditions to such prepayment.
(c) The options granted to the Borrower in this Section 6.1 shall be exercisable
only (i) in the event and to the extent the Bonds are subject to redemption in accordance with the
Indenture and (ii) if no Event of Default under any of the Loan Documents shall have occurred and
be then continuing or if all costs associated with any existing Event of Default (including, without
limitation, late fees, penalties, costs of enforcement, protective advances and interest on such
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amounts) which are then due and owing under the Loan Documents are paid in full in connection
with such prepayment.
(d) [Notwithstanding anything to the contrary contained in this Loan Agreement,
on and after the Conversion Date, optional prepayment of the Loan and the Bonds shall only be
permitted at the times and upon the terms and requirements set forth in the Note.]
Section 6.2 Mandatory Prepayment. The Loan and amounts due under Section 3.2(a)
hereof shall be prepaid in whole or in part in order to effect the mandatory redemption of the Bonds
at the times and in the amounts specified in Section 4.01 of the Indenture.
Section 6.3 Amounts Required for Prepayment.
(a) The amount payable by the Borrower hereunder upon either (i) the exercise of
the option granted to the Borrower in Section 6.1 hereof, or (ii) the mandatory prepayment of the
Note by the Borrower in Section 6.2 hereof shall be, to the extent applicable and except as otherwise
provided, the sum of the following:
(i) the amount of money necessary to pay the redemption price of the
Bonds to be redeemed specified in Section 4.03 of the Indenture, in the case of optional redemption,
and Section 4.02 of the Indenture in the case of mandatory redemption, together with all interest
(including Additional Interest, if applicable) specified therein payable up to and including said
redemption date, Prepayment Equalization Payment (if applicable), and all expenses of the
redemption; plus
(ii) in the event of a redemption in whole, an amount of money equal to
the Trustee Fee, Trustee’s Expenses and Issuer Annual Fee and expenses under the Indenture accrued
and to accrue until the final payment and redemption of the Bonds; plus
(iii) in the event of any prepayment during the existence and continuance
of an Event of Default, the amounts described in Section 6.1(c)(ii) hereof.
(b) Any prepayment made pursuant to Section 6.1 or 6.2 hereof shall be
deposited into the Revenue Fund. No prepayment or investment of the procee ds thereof shall be
made which shall cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the
Code.
Section 6.4 Cancellation at Expiration of Term. At the acceleration, termination or
expiration of the term of this Loan Agreement and following full payment of the Bonds or provision
for payment thereof in accordance with Article XI of the Indenture and of all other fees and charges
of all parties having been made in accordance with the provisions of this Loan Agreement and the
Indenture, the Issuer shall deliver to the Borrower any documents and take or cause the Trustee to
take such actions as may be necessary to effectuate the cancellation and evidence the termination of
this Loan Agreement and the Loan Documents (other than the Regulatory Agreement, which shall
not terminate except in accordance with the terms thereof).
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ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default. The following shall be “Events of Default” under this
Loan Agreement, and the term “Event of Default” shall mean, whenever i t is used in this Loan
Agreement, any one or more of the following events:
(a) Failure by the Borrower to pay any amounts required to be paid on the Note
or under Section 3.2 (a) or (b) hereof within ten (10) days after the same are due;
(b) Any failure by the Borrower to pay as and when due and payable any other
sums to be paid by the Borrower under this Loan Agreement and the continuation of such failure for
a period of ten (10) days after the same are due; or
(c) Any failure of any representation or warranty made in this Loan Agreement,
the Construction Disbursement Agreement or any Requisition to be true and correct when made or
renewed; or
(d) Any failure by the Borrower to observe and perform any covenant or
agreement on its part to be observed or performed hereunder or thereunder, other than as referred to
in subsections (a) or (b) of this Section 7.1, for a period of thirty (30) days after written notice
specifying such breach or failure and requesting that it be remedied, given to the Borrower by the
Issuer, the Trustee or the Servicer; provided, that in the event such breach or failure be such that it
can be corrected but cannot be corrected within said 30 day period, the same shall not constitute an
Event of Default hereunder if corrective action is instituted by t he Borrower or on behalf of the
Borrower within said 30 day period and is diligently pursued to completion thereafter (unless, in the
opinion of Bond Counsel delivered to the Servicer, failure to correct such breach or failure within the
cure period herein provided (or such shorter time as shall be established as a limitation on the period
of time during which correction may be pursued) will adversely affect the exclusion from gross
income of interest on the Bonds for federal income taxation purposes or vio late State law, in which
case the extension of cure period herein provided will not be available); or
(e) Any Event of Default (as defined or otherwise set forth in the Indenture or
any of the Loan Documents, the General Partner Documents or the Guarantor Docu ments) shall have
occurred and shall remain uncured beyond any applicable cure period provided in the applicable
document; or
(f) Any dissolution, termination, partial or complete liquidation, merger or
consolidation of any Obligor or the Managing General Partner or the Co-General Partner of
Borrower, or any sale, transfer or other disposition of the Project or of all or substantially all of the
assets of Borrower; provided that any such event with respect to the Managing General Partner shall
not constitute an Event of Default if the Borrower replaces the Managing General Partner with a
person or entity acceptable to the Issuer, Servicer and Majority Owner within thirty (30) days after
notice thereof from Issuer, Servicer and Majority Owner; or
(g) Any change in the legal or beneficial ownership of the Borrower or the
Managing General Partner or the Co-General Partner of Borrower other than as expressly permitted
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by the terms hereof or by the terms of the Partnership Agreement or by reason of the death of the
owner of such interests; or
(h) Any failure by the Borrower to pay at maturity, or within any applicable
period of grace, any Indebtedness, or any failure to observe or perform any material term, covenant
or agreement contained in any agreement by which it is bound, evidencing or securing any
Indebtedness, for such period of time as would permit (assuming the giving of appropriate notice if
required) the holder or holders thereof or of any obligations issued thereunder to accelerate the
maturity thereof; or
(i) Any Obligor shall file a voluntary petition in bankruptcy under Title 11 of the
United States Code, or an order for relief shall be issued against any such Obligor in any involuntary
petition in bankruptcy under Title 11 of the United States Code, or any such Obli gor shall file any
petition or answer seeking or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any present or future federal,
state or other law or regulation relating to bankruptcy, insolvency or other relief of debtors, or such
Obligor shall seek or consent to or acquiesce in the appointment of any custodian, trustee, receiver,
conservator or liquidator of such Obligor, or of all or any substantial part of its respect ive property,
or such Obligor shall make an assignment for the benefit of creditors, or such Obligor shall give
notice to any governmental authority or body of insolvency or pending insolvency or suspension of
operation; provided that any such event with respect to the Managing General Partner shall not
constitute an Event of Default if the Borrower replaces the Managing General Partner with a person
or entity acceptable to the Issuer, Servicer and Majority Owner within thirty (30) days after notice
thereof from Trustee or Servicer; or
(j) An involuntary petition in bankruptcy under Title 11 of the United States
Code shall be filed against the Borrower or any Obligor and such petition shall not be dismissed
within ninety (90) days of the filing thereof; provided that any such event with respect to the
Managing General Partner shall not constitute an Event of Default if the Borrower replaces the
Managing General Partner with a person or entity acceptable to the Issuer, Servicer and Majority
Owner within thirty (30) days after notice thereof from Issuer, Servicer and Majority Owner; or
(k) A court of competent jurisdiction shall enter any order, judgment or decree
approving a petition filed against any Obligor seeking any reorganization, arrangement, composition,
readjustment, liquidation or similar relief under any present or future federal, state or other law or
regulation relating to bankruptcy, insolvency or other relief for debtors, or appointing any custodian,
trustee, receiver, conservator or liquidator of all or any substantial part of its property; or
(l) Any uninsured final judgment in excess of $50,000 shall be rendered against
the Borrower and shall remain in force, undischarged, unsatisfied and unstayed, for more than thirty
(30) days, whether or not consecutive; or
(m) Any of the Loan Documents, the General Partner Documents or the
Guarantor Documents shall be canceled, terminated, revoked or rescinded otherwise than in
accordance with the terms thereof or with the express prior written consent of the Servicer, or an y
action at law, suit in equity or other legal proceeding to cancel, revoke or rescind any of the Loan
Documents, the General Partner Documents or the Guarantor Documents shall be commenced by or
on behalf of any Obligor which is a party thereto, or any of their respective stockholders, partners or
beneficiaries, or any court or any other governmental or regulatory authority or agency of competent
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jurisdiction shall make a determination that, or issue a judgment, order, decree or ruling to the effect
that, any one or more of the Loan Documents, the General Partner Documents or the Guarantor
Documents is illegal, invalid or unenforceable in accordance with the terms thereof; or
(n) Any refusal by the Title Insurance Company to insure that any advance is
secured by the Mortgage as a valid lien and security interest on the Project and the continuation of
such refusal for a period of twenty (20) days after notice thereof by Servicer to the Borrower; or
(o) Completion shall not have been attained by the Completion Date; or
(p) Any cessation at any time in construction or equipping of the Improvements
for more than twenty (20) consecutive days except for strikes, acts of God, fire or other casualty, or
other causes entirely beyond the Borrower’s control, or any cessation at an y time in construction or
equipping of the Improvements for more than sixty (60) consecutive days, regardless of the cause
thereof; provided, that such cessation may continue for a period of longer than sixty (60) consecutive
days with the consent of the Servicer if the Borrower shall have requested and received an extension
of the Completion Date in accordance with the provisions of the Construction Disbursement
Agreement, in which case it shall not be an Event of Default hereunder unless and until the per iod of
cessation extends beyond the number of days for which the extension was granted; or
(q) Any of the Indenture, this Agreement, the Regulatory Agreement or the Tax
Certificate shall be amended in a material manner (including without limitation any “automa tic”
amendments of the Regulatory Agreement) without the prior written consent of the Servicer.
Section 7.2 Remedies on Default.
(a) Whenever any Event of Default referred to in Section 7.1 hereof shall have
occurred and be continuing, any obligation of the Servicer to approve Requisitions shall be
terminated, and the Trustee (but only if directed to do so by Servicer and, subject to the provisions of
the Indenture) shall:
(i) by notice in writing to the Borrower declare the unpaid indebtedness
under the Loan Documents to be due and payable immediately, and upon any such declaration the
same shall become and shall be immediately due and payable; and
(ii) take whatever action at law or in equity or under any of the Loan
Documents, the General Partner Documents or the Guarantor Documents, as may appear necessary
or desirable to collect the payments and other amounts then due and thereafter to become due
hereunder or thereunder or under the Note, or to exercise any right or remedy or to enforce
performance and observance of any obligation, agreement or covenant of the Borrower under this
Loan Agreement, the Note or any other Loan Document (including without limitation foreclosure of
the Mortgage), any General Partner Document or any Guarantor Document; and
(iii) cause the Project to be completed, rehabilitated and equipped in
accordance with the Plans and Specifications, with such changes therein as the Servicer may, from
time to time, and in its sole discretion, deem appropriate.
(b) Any amounts collected pursuant to action taken under this Sect ion (other than
amounts collected by the Issuer pursuant to the Reserved Rights) shall, after the payment of the costs
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4897-1353-2006v7/200936-0007
and expenses of the proceedings resulting in the collection of such moneys and of the expenses,
liabilities and advances incurred or made by the Issuer, the Trustee or the Servicer and their
respective Counsel, be paid into the Revenue Fund (unless otherwise provided in this Loan
Agreement) and applied in accordance with the provisions of the Indenture. No action taken
pursuant to this Section 7.2 shall relieve the Borrower from the Borrower’s obligations pursuant to
Section 3.2 hereof.
Section 7.3 No Remedy Exclusive. No remedy conferred herein or in any other Loan
Document upon or reserved to the Trustee or the Servicer is intended to be exclusive o f any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Loan Agreement or now or hereafter existing at law
or in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed expedient. In
order to entitle the Trustee or the Servicer to exercise any remedy reserved to it herein or in any other
Loan Document, it shall not be necessary to give any notice, other than such notice as may be herein
expressly required.
Section 7.4 Agreement to Pay Fees and Expenses of Counsel. If an Event of Default
shall occur under this Loan Agreement or under any of the other Loan Documents, and the Issuer, the
Trustee, the Servicer should employ counsel or incur other expenses for the collection of the
indebtedness or the enforcement of performance or observance of any obligation or agreement on the
part of the Borrower herein or therein contained, the Borrower agrees that it will on demand therefor
pay to any such party, or, if so directed by any such party, to its counsel, the reasonable actually
incurred fees of such Counsel and all other out -of-pocket expenses incurred by or on behalf of the
Issuer, the Trustee, the Servicer.
Section 7.5 No Additional Waiver Implied by One Waiver; Consents to Waivers. In
the event any agreement contained in this Loan Agreement should be breached by either party and
thereafter waived by the other party, such waiver shall be limited to the particular breach so waived
and shall not be deemed to waive any other breach hereunder. No waiver shall be effective unless in
writing and signed by the party making the waiver.
Section 7.6 Remedies Subject to Applicable Law. All rights, remedies, and powers
provided by this Article may be exercised only to the extent that the exercise thereof does not violate
any applicable provisions of law, and all the provisions of this Article are intended to be subject to
all applicable mandatory provisions of law which may be controlling in the Land and to be limited to
the extent necessary so that they will not render this Loan Agreement i nvalid, unenforceable, or not
entitled to be recorded, registered, or filed under the provisions of any applicable law.
Section 7.7 Cure by Investor Limited Partner. The Issuer, the Trustee and the Servicer
agree to accept performance on the part of the Investor Limi ted Partner as though the same have been
performed by the Borrower under any of the Loan Documents. The Issuer, the Trustee and the
Servicer will allow the Investor Limited Partner or its Affiliate (a) ten (10) days after giving the
Investor Limited Partner notice to cure a monetary default under the Loan Documents other than the
payment due at maturity and (b) except as to the insolvency or bankruptcy of the Borrower, up to
thirty (30) days after giving the Investor Limited Partner to cure any nonmonetary default under the
Loan Documents; provided, however, that in the event of a nonmonetary default that it is not
susceptible to being cured within such thirty (30) day period, the Investor Limited Partner, or its
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4897-1353-2006v7/200936-0007
Affiliate, shall have an additional period o f up to sixty (60) days to cure such default, provided that
the Investor Limited Partner or its Affiliate has commenced to cure such default and is diligently and
continuously proceeding to cure such default through the end of the sixty (60) day period. I f the
Investor Limited Partner or its Affiliate makes any such payment or otherwise offers cure of a
default, the same will be accepted or rejected as curing such default on the same basis as if payment
or cure were made directly by the Borrower.
Section 7.8 Issuer Exercise of Remedies. Notwithstanding anything to the contrary
contained herein, the Issuer may enforce its Reserved Rights under the Loan Documents and exercise
the permitted remedies with respect thereto against the Borrower; provided, that the Issuer sha ll not
commence or direct the Trustee to commence any action to declare the outstanding balance of the
Bonds or the Loan to be due and neither the Issuer nor the Trustee shall take any action in respect of
Reserved Rights (i) to foreclose to take similar action under the Mortgage or otherwise in respect of
any liens upon or security interests in the Project or other property pledged to secure the Borrower’s
obligations under the Loan Documents, (ii) to appoint a receiver, (iii) to enforce any similar remedy
against the Project or other property pledged to secure the Borrower’s obligations under the Loan
Documents; or (iv) to enforce any other remedy which would cause any liens or security interests
granted under the Loan Documents to be discharged or materially impaired thereby.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 General Provisions. The following provisions shall be applicable at all
times throughout the term of this Loan Agreement:
(a) The Issuer, the Trustee and the Servicer shall, at all times, be free to establish
independently to their respective satisfaction and in their respective absolute discretion the existence
or nonexistence of any fact or facts the existence of which is a condition of this Loan Agreement or
any other Loan Document.
(b) The Bonds and the obligations and undertakings of the Issuer hereunder do
not constitute a general obligation of the Issuer or the State or any political subdivision thereof, and
recourse on the Bonds and on the instruments and documents executed and delivered by or on behalf
of the Issuer in connection with the transactions contemplated hereby may be had only against certain
moneys due and to become due under the Loan Documents (and not against any moneys due or to
become due to the Issuer pursuant to the Reserved Rights). No recourse shall be had for the payment
of the principal of or interest on the Bonds, or for any claim based thereon or on this Loan
Agreement or any other Loan Document, any Issuer Document or any instrument or document
executed and delivered by or on behalf of the Issuer in connection with the transactions contemplated
hereby, against the Issuer or any member, officer, employee or other elected or appointed official,
past, present or future, of the Issuer or any successor body, as such, either directly or through the
Issuer or any such successor body, under any constitutional provision, statute or rule of law, or by the
enforcement of any assessment or penalty or by any legal or equitable proceeding or otherwise and
all such liability of the Issuer or any such incorporatio n, member, officer, director, employee, any
other elected or appointed official or trustee as such is hereby expressly waived and released as a
condition of and consideration for the adoption of the resolution authorizing the execution of the
Issuer Documents and issuance of the Bonds and the delivery of other documents in connection
herewith. No member, officer, employee or other elected or appointed official past, present or future,
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4897-1353-2006v7/200936-0007
of the Issuer or any successor body shall be personally liable on the Is suer Documents, the Bonds or
any other documents in connection herewith, nor shall the issuance of the Bonds be considered as
misfeasance or malfeasance in office. The Bonds and the undertakings of the Issuer under the Issuer
Documents do not constitute a pledge of the general credit or taxing power of the Issuer, the State, or
any political subdivision thereof, do not evidence and shall never constitute a debt of the State or any
political subdivision thereof (other than the Issuer), and shall never constitute nor give rise to a
pecuniary liability of the State or any political subdivision thereof, other than the Issuer.
Section 8.2 Authorized Borrower Representative. Pursuant to written direction
provided on the Closing Date, the Borrower has appointed one or more Authorized Representatives
for the purpose of taking all actions and making all certificates required to be taken and made by the
Authorized Representative under the provisions of the Loan Documents. Whenever under the
provisions of any Loan Document the approval of the Borrower is required or any party is required to
take some action at the request of the Borrower, such approval or such request shall be made by its
Authorized Representative, unless otherwise specified in this Loan Agreement, and the Issuer , the
Trustee and the Servicer shall be authorized to act on any such approval or request and the Borrower
shall have no complaint against any such party as a result of any such action taken in conformity with
such approval or request by the Authorized Representative.
Section 8.3 Binding Effect. This Loan Agreement shall inure to the benefit of and shall
be binding upon the Issuer, the Trustee and the Borrower and their respective successors and
permitted assigns. The Borrower acknowledges and agrees that the Issuer has assigned or is
assigning its rights under this Loan Agreement to the Trustee, and that, pursuant to the Indenture,
Trustee will follow directions from the Servicer in implementing certain of the rights and remedies
under this Loan Agreement. The Owners of the Bonds and the Servicer shall be express third party
beneficiaries of this Loan Agreement, and shall have the right to enforce directly against Borrower or
other persons the rights and implement the rights and remedies provided to each of them here under,
but not including the Reserved Rights; provided, that the rights of the Owners to bring actions and
implement rights and remedies hereunder shall be subject to the same restrictions as are imposed
with respect to actions, rights and remedies of the Owners under the Indenture.
Section 8.4 Execution in Counterparts. This Loan Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument; provided, that for purposes of perfec ting a lien or security interest in this Loan
Agreement by the Trustee, whether under Article 9 of the Uniform Commercial Code of the State or
otherwise, only the counterpart delivered to, and receipted by, the Trustee shall be deemed the
original.
Section 8.5 Amendments, Changes and Modifications. Subsequent to the issuance of
the Bonds and prior to payment or provision for the payment of the Bonds in full (including interest
thereon) in accordance with the provisions of the Indenture and except as otherwise provided herein,
the Loan Documents may not be amended, changed, modified, altered or terminated by the Issuer,
the Trustee or the Borrower except in compliance with Article IX of the Indenture.
Section 8.6 Severability. In the event any provision of this Loan Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof and such invalid or unenforceable
provision shall be deemed no longer to be contained in this Loan Agreement.
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4897-1353-2006v7/200936-0007
Section 8.7 Notices. All notices, demands, requests, consents, approvals, certificates or
other communications hereunder shall be effective if given in the manner required in Section 10.08
of the Indenture.
Section 8.8 Applicable Law; Venue. This Loan Agreement shall be governed
exclusively by and construed in accordance with the laws of the State and any action arising out of
this Loan Agreement or the Bonds shall be filed and maintained in the County of Contra Costa,
California, unless the Issuer waives this requirement in writing.
Section 8.9 Debtor Creditor Relationship. It is expressly understood and agreed that
the relationship between the Issuer and the Borrower established by the transaction contemplated by
this Loan Agreement and by all of the other Loan Documents is exclusively that of creditor or lender,
on the part of the Issuer, and debtor or borrower, on the part of the Borrower and is in no way to be
construed as a partnership or joint venture of any kind. It is further understood that all payments by
the Borrower under the Loan Documents shall be exclusively on account of the said debtor/creditor
relationship.
Section 8.10 Usury; Total Interest. This Loan Agreement is subject to the express
condition, and it is agreed, that at no time shall payments hereunder, under the Note or under the
other Loan Documents that are or are construed to be payments of interest on the unpaid principal
amount of the Loan reflect interest that is borne at a rate in excess of the maximum permitted by law.
The Borrower shall not be obligated or required to pay, nor shall the Issuer be permitted to charge or
collect, interest borne at a rate in excess of such maximum rate. If by the terms of this Loan
Agreement or the other Loan Documents the Borrower is required to make such payments reflecti ng
interest borne at a rate in excess of such maximum rate, such payments shall be deemed to be
reduced immediately and automatically to reflect such maximum rate. It is further agreed that the
total of amounts paid hereunder as interest on the Loan which is to pay interest on the Bonds,
cumulative from the date of the Note, shall not exceed the sum of 5% per month, simple and non -
compounded for each month from such date to the date of calculation (calculated on the basis of a
360-day year of twelve thirty-day months). Any such excess payment previously made in either case
shall be immediately and automatically applied to the unpaid balance of the principal sum of the
Loan and not to the payment of interest thereon. This Loan Agreement is also subject to the
condition that amounts paid hereunder representing late payment or penalty charges or the like shall
only be payable to the extent permitted by law.
Section 8.11 Term of this Loan Agreement. This Loan Agreement shall be in full force
and effect from its date to and including such date as all of the Bonds issued under the Indenture shall
have been fully paid or retired in accordance with their terms and the terms of the Indenture (or
provision for such payment shall have been made as provided in the Indenture), except, however, that
the covenants and provisions relating to the Reserved Rights of the Issuer and the covenants relating
to the preservation of exclusion from gross income of interest on the Bonds for purposes of federal
income taxation shall survive the termination hereof.
Section 8.12 Non-Recourse. Anything contained in any provision of this Loan
Agreement, the Mortgage, the Regulatory Agreement, the Borrower’s Tax Certificate or the Note
notwithstanding, in the event of any proceeding to foreclose the Mortgage or oth erwise to enforce the
provisions of the Note, this Loan Agreement, the Mortgage or the Regulatory Agreement after the
Conversion Date, neither the Issuer, nor the Trustee or other holder of the Note (collectively, the
“Noteholder”), nor any Owner of Bonds, nor any beneficiary of the Mortgage shall be entitled to take
34
4897-1353-2006v7/200936-0007
any action to procure any personal money judgment or any deficiency decree against the Borrower or
any partner of the Borrower or its or their heirs, personal representatives, successors and as signs, it
being understood and agreed that recourse hereon and under the Mortgage, the Regulatory
Agreement and the Note shall, following the Conversion Date, be limited to the assets of the
Borrower that are the security from time to time provided with re spect to the Note and this Loan
Agreement; provided, that nothing herein contained shall limit or be construed to limit or impair the
enforcement against the Project or any other additional security as may from time to time be given to
the beneficiary hereof as security for the performance of this Loan Agreement, the Mortgage, the
Regulatory Agreement, the Borrower’s Tax Certificate, the Note, or any other instrument now or
hereafter securing the Note or this Loan Agreement, or the rights and remedies of th e Trustee or the
beneficiary, its successors and assigns, under this Loan Agreement, the Mortgage, the Regulatory
Agreement, the Tax Certificate or the Note or any other instruments. Notwithstanding the foregoing,
the provisions of this Section shall be null and void and have no force and effect to the extent of any
loss suffered by the Issuer, the Trustee, any Owner or any beneficiary of or the trustee under the
Mortgage as a result of the Borrower’s: (a) committing any act of fraud; (b) misapplication of any
condemnation award or casualty insurance proceeds; (c) failure to apply the revenues of the Project
in the manner and for the purposes provided in the Bond Documents, whether before or after an
Event of Default; or (d) violation of any environmental laws. Nothing herein shall be deemed to
prohibit the naming of the Borrower in an action to realize upon the remedies provided herein either
at law or in equity, subject to the foregoing limitation against a personal money judgment or
deficiency decree against the Borrower, the partners of the Borrower or their heirs, personal
representatives, successors and assigns, or to prohibit the naming of any person in any action to
realize upon the remedies provided in the General Partner Documents, the Guarantor Documents or
any other guaranty given in favor of the Issuer, the Trustee or the Servicer.
Section 8.13 Limitation on Liability of the Issuer; Issuer May Rely.
(a) Notwithstanding anything herein or in any other instrument to the contrary,
the Issuer shall not be obligated to pay the principal (or redemption price) of or interest on the Bonds,
except from moneys and assets received by the Trustee on behalf of the Issuer pursuant to this Loan
Agreement. Neither the faith and credit nor the taxing power of the State, or any p olitical
subdivision thereof, nor the faith and credit of the Issuer is pledged to the payment of the principal
(or redemption price) of or interest on the Bonds. The Issuer shall not be liable for any costs,
expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory,
under or by reason of or in connection with this Loan Agreement, the Bonds or the Indenture, except
only to the extent amounts are received for the payment thereof from the Borrower under this Loan
Agreement.
The Borrower hereby acknowledges that the Issuer’s sole source of moneys to repay
the Bonds will be provided by the payments made by the Borrower pursuant to this Loan Agreement,
together with investment income on certain funds and accounts held by the Trustee under the
Indenture, and hereby agrees that if the payments to be made hereunder shall ever prove insufficient
to pay all principal (or redemption price) of and interest on the Bonds as the same shall become due
(whether by maturity, redemption, acceleration or otherwise), then upon notice from the Trustee, the
Borrower shall pay such amounts as are required from time to time to prevent any deficiency or
default in the payment of such principal (or redemption price) of or interest on the Bonds, inc luding,
but not limited to, any deficiency caused by acts, omissions, nonfeasance or malfeasance on the part
of the Trustee, the Borrower, the Issuer or any third party, subject to any right of reimbursement from
the Trustee, the Issuer or any such third party, as the case may be, therefor.
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(b) It is expressly understood and agreed by the parties to this Loan Agreement
that:
(i) the Issuer may rely conclusively on the truth and accuracy of any
certificate, opinion, notice or other instrument furnished to the Issuer by the Trustee, any Owner or
the Borrower as to the existence of a fact or state of affairs required under this Loan Agreement to be
noticed by the Issuer;
(ii) the Issuer shall not be under any obligation to perform any record
keeping or to provide any legal service, it being understood that such services shall be performed or
caused to be performed by the Borrower; and
(iii) none of the provisions of this Loan Agreement shall require the Issuer
to expend or risk its own funds (apart from the proceeds of Bonds issue d under the Indenture) or
otherwise endure financial liability in the performance of any of its duties or in the exercise of any of
its rights under this Loan Agreement unless it first shall have been adequately indemnified to its
satisfaction against the costs, expenses and liabilities which may be incurred by taking any such
action.
(c) No provision, representation, covenant or agreement contained in this Loan
Agreement or in the Indenture, the Bonds, or any obligation herein or therein imposed upon the
Issuer, or the breach thereof, shall constitute or give rise to or impose upon the Issuer a pecuniary
liability (except to the extent of any Loan repayments, revenues and receipts derived by the Issuer
pursuant to this Loan Agreement and other moneys held pursuant to the Indenture, other than in the
Rebate Fund). Notwithstanding anything herein or in any other instrument to the contrary, no
provision hereof shall be construed to impose a charge against the general credit of the Issuer, the
State or any other political subdivision of the State, the taxing powers of the foregoing, within the
meaning of any Constitutional provision or statutory limitation, or any personal or pecuniary liability
upon any official, director, officer, employee, agent or attorney of th e Issuer.
(d) All covenants, obligations and agreements of the Issuer contained in this
Loan Agreement and the Indenture shall be effective to the extent authorized and permitted by
applicable law. No such covenant, obligation or agreement shall be deemed to be a covenant,
obligation or agreement of any present or future official, director, officer, employee, agent or
attorney of the Issuer in other than his official capacity, and no official executing the Bonds shall be
liable personally on the Bonds or be subject to any personal liability or accountability by reason of
the issuance thereof or by reason of the covenants, obligations or agreements of the Issuer contained
in this Loan Agreement or in the Indenture. No provision, covenant or agreement contained in this
Loan Agreement, the Indenture or the Bonds, or any obligation herein or therein imposed upon the
Issuer, or the breach thereof, shall constitute or give rise to or impose upon the Issuer a pecuniary
liability or a charge. No recourse shall be had for the enforcement of any obligation, covenant,
promise, or agreement of the Issuer contained in this Loan Agreement or in any Bond or for any
claim based hereon or otherwise in respect hereof or upon any obligation, covenant, promise, or
agreement of the Issuer contained in any agreement, instrument, or certificate executed in connection
with the Project or the issuance and sale of the Bonds, against any member of the governing board of
the Issuer, its officers, counsel, financial advisor, employees or ag ents, as such, in his or her
individual capacity, past, present, or future, or of any successor thereto, whether by virtue of any
Constitutional provision, statute, or rule of law, or by the enforcement of any assessment or penalty
or otherwise; it being expressly agreed and understood that no personal liability whatsoever shall
36
4897-1353-2006v7/200936-0007
attach to, or be incurred by, any member of the governing board, officers, counsel, financial advisors,
employees or agents, as such, in his or her individual capacity, past, present, or future, of the Issuer
or of any successor thereto, either directly or by reason of any of the obligations, covenants,
promises, or agreements entered into between the Issuer and the Trustee or the Borrower to be
implied therefrom as being supplemental hereto or thereto, and that all personal liability of that
character against every such director, officer, counsel, financial advisor, employee or agent, is, by the
execution of the Bonds, this Loan Agreement, and the Indenture, and as a condition of, an d as part of
the consideration for, the execution of the Bonds, this Loan Agreement, and the Indenture, expressly
waived and released.
Section 8.14 Waiver of Personal Liability. No member of the governing board, officer,
agent or employee of the Issuer or any director, officer, agent or employee of the Issuer shall be
individually or personally liable for the payment of any principal (or redemption price) of or interest
on the Bonds or any other sum hereunder or be subject to any personal liability or accountability by
reason of the execution and delivery of this Loan Agreement; but nothing herein contained shall
relieve any such member, director, officer, agent or employee from the performance of any official
duty provided by law or by this Loan Agreement.
Section 8.15 PATRIOT Act Notice. Issuer hereby notifies Borrower and Guarantor that,
pursuant to the requirements of the PATRIOT Act, it is required to obtain, verify and record
information that identifies Borrower and Guarantor, which information includes the names and
addresses of Borrower and Guarantor and other information that will allow Issuer to identify
Borrower and Guarantor in accordance with the PATRIOT Act.
Section 8.16 Assignment and Transfer of Note and Loan Documents. Notwithstanding
any contrary provision contained in this Loan Agreement or the Note, the Loan, the Note, the
Mortgage and certain other documents executed by the Borrower in connection with the Loan may be
transferred and assigned by the Trustee separately from the Bonds, as provided in Section 4.08 of the
Indenture.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
[LOAN AGREEMENT – EL CERRITO PLAZA – PARCEL A SOUTH]
4897-1353-2006v7/200936-0007
IN WITNESS WHEREOF, the Issuer, the Trustee and the Borrower have caused this Loan
Agreement to be executed in their respective names, all as of the date first above written.
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
John Kopchik, Director
Department of Conservation and Development
[Signatures continue on following page]
[LOAN AGREEMENT – EL CERRITO PLAZA – PARCEL A SOUTH]
4897-1353-2006v7/200936-0007
U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION,
as Trustee
By:
Authorized Signatory
[Signatures continue on following page]
[LOAN AGREEMENT – EL CERRITO PLAZA – PARCEL A SOUTH]
4897-1353-2006v7/200936-0007
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
Its Administrative General Partner
By:
Name: Ann Silverberg
Its: President and Secretary
El Cerrito Plaza MGP, LLC,
a California limited liability company,
Its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:
Name: Vasilios Salamandrakis
Its: President
A-1
4897-1353-2006v7/200936-0007
EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
The land referred to herein is situated in the State of California, County of Contra Costa, and is
described as follows:
[to come]
B-1
4897-1353-2006v7/200936-0007
EXHIBIT B
FORM OF PROMISSORY NOTES
[attached]
C-1
4897-1353-2006v7/200936-0007
EXHIBIT C
PROJECT APPROVALS TO BE OBTAINED
None
D-1
4897-1353-2006v7/200936-0007
EXHIBIT D
FORM OF APPROVED RESIDENTIAL LEASE
[attached]
E-1
4897-1353-2006v7/200936-0007
EXHIBIT E
INSURANCE REQUIREMENTS APPLICABLE BEFORE CONVERSION
In order to close, the insurance specifications set forth in Exhibit C -1 of the Construction
Disbursement Agreement must be met; provided that all policies must include EXACTLY the
following standard, non-contributory, mortgagee clause:
U.S. Bank Trust Company, National Association
One California Street, Suite 1000
Mail Code: SF-CA-SFCT
San Francisco, CA 94111
Attention: Corporate Trust Department
Mortgagee must be named as a first Mortgagee with respect to buildings, Loss Payee with
respect to loss of rents/business interruption, and Additional Insured with respect to general liability.
Mortgagee shall receive notices at the same time and in the same manner as notices sent to
Bondholder.
F-1
4897-1353-2006v7/200936-0007
EXHIBIT F
FORM OF MONTHLY LEASE UP REPORT
MOVE IN DATABASE
Building
# Apt. # # of BR’s # of BA’s Set-Aside
Security
Deposit
Lease
Rent
Certified
or Move
in Date
Lease
Expiration
Total Value
of
Concessions
Description
of
Concession
Concession
Given at
Move In
(Y/N)
MOVE OUT DATABASE
Building
# Apt. #
# of
BR’s
# of
BA’s
Set-
Aside
Total
Security
Deposit
Security
Deposit
to
Tenant
Lease
Rent
Move
Out
Date
Certified
or Move
in Date
Lease (enter an “x”)
Skip Evicted Expired Other
Stradling Draft of 9/18/25
4930-9998-4488v3/200936-0007
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
Attention: Vanessa S. Legbandt, Esq.
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
by and between the
COUNTY OF CONTRA COSTA, CALIFORNIA
and
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
dated as of November 1, 2025
relating to:
$[35,700,000]
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series A
$____________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series B (Federally Taxable)
i
4930-9998-4488v3/200936-0007
TABLE OF CONTENTS
Page
Section 1. Definitions and Interpretation .................................................................................. 2
Section 2. Representations, Covenants and Warranties of the Borrower ................................. 6
Section 3. Qualified Residential Rental Project ........................................................................ 8
Section 4. Low Income Tenants; Reporting Requirements .................................................... 10
Section 5. Tax-Exempt Status of the Bonds ........................................................................... 12
Section 6. Requirements of the Act ........................................................................................ 12
Section 7. Requirements of the Issuer ..................................................................................... 14
Section 8. Modification of Covenants..................................................................................... 16
Section 9. Indemnification; Other Payments .......................................................................... 17
Section 10. Consideration ......................................................................................................... 18
Section 11. Reliance .................................................................................................................. 18
Section 12. Transfer of the Project ........................................................................................... 19
Section 13. Term ....................................................................................................................... 20
Section 14. Covenants to Run With the Land ........................................................................... 21
Section 15. Burden and Benefit ................................................................................................ 21
Section 16. Uniformity; Common Plan .................................................................................... 21
Section 17. Default; Enforcement ............................................................................................. 21
Section 18. [intentionally omitted] ........................................................................................... 22
Section 19. Recording and Filing .............................................................................................. 22
Section 20. Payment of Fees ..................................................................................................... 23
Section 21. Governing Law; Venue .......................................................................................... 23
Section 22. Amendments; Waivers ........................................................................................... 23
Section 23. Notices ................................................................................................................... 24
Section 24. Severability ............................................................................................................ 24
Section 25. Multiple Counterparts ............................................................................................ 24
Section 26. Limitation on Liability ........................................................................................... 25
Section 27. Third-Party Beneficiaries ....................................................................................... 25
Section 28. Property Management ............................................................................................ 25
Section 29. Requirements of CDLAC ...................................................................................... 26
Section 30. Limited Liability of Issuer ..................................................................................... 27
Section 31. Conflict With Other Affordability Agreements ..................................................... 27
Section 32. Annual Reporting Covenant .................................................................................. 28
EXHIBIT A DESCRIPTION OF REAL PROPERTY
EXHIBIT B FORM OF INCOME CERTIFICATION
EXHIBIT C FORM OF CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
EXHIBIT D FORM OF COMPLETION CERTIFICATE
EXHIBIT E CDLAC RESOLUTION
EXHIBIT F FREDDIE MAC RIDER
EXHIBIT G CERTIFICATE AS TO COMMENCEMENT OF QUALIFIED PROJECT PERIOD
4930-9998-4488v3/200936-0007
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE
COVENANTS (as supplemented and amended from time to time, this “Regulatory Agreement”), dated
as of November 1, 2025, is by and between the COUNTY OF CONTRA COSTA, CALIFORNIA, a
public body, corporate and politic, duly organized and existi ng under the laws of the State of California
(together with any successor to its rights, duties and obligations, the “Issuer”), and ECP PARCEL A
SOUTH HOUSING PARTNERS, L.P., a limited partnership duly organized, validly existing and in
good standing under the laws of the State of California (together with any successor to its rights, duties
and obligations hereunder and as owner of the Project identified herein, the “Borrower”).
RECITALS:
WHEREAS, pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of
the State of California (the “Act”), the Issuer authorized to issue revenue bonds to finance the
acquisition, construction and development of multifamily rental housing; and
WHEREAS, the Board of Supervisors of the Issuer has authorized the issuance of multifamily
mortgage revenue bonds under the Act in connection with the acquisition and construction of a 70-unit
multifamily residential rental housing project located on the site described in Exhibit A hereto and to
be known as El Cerrito Plaza – Parcel A South (the “Project”), which Project shall be subject to the
terms and provisions hereof; and
WHEREAS, in furtherance of the purposes of the Act and as a part of the Issuer’s plan of
financing affordable housing, the Issuer is issuing its revenue bonds designated “County of Contra
Costa, California Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025
Series A” (the “Tax-Exempt Bonds”) and “County of Contra Costa, California Multifamily Housing
Revenue Bonds (El Cerrito Plaza – Parcel A South), 2025 Series B (Federally Taxable)” (the “Taxable
Bonds”; and, together with the Tax-Exempt Bonds, the “Bonds”) pursuant to the terms of a Trust
Indenture of even date herewith (the “Indenture”), between the City and U.S. Bank Trust Company,
National Association, as trustee (the “Trustee”), the proceeds of which Bonds are to be loaned to the
Borrower (the “Loan”) pursuant to a Loan Agreement, of even date herewith (the “Loan Agreement”),
between the Issuer, the Trustee and the Borrower; and
WHEREAS, Section 103 of the Internal Revenue Code of 1986 (the “Code”) and the
regulations and rulings promulgated with respect thereto and the Act prescribe that the use and
operation of the Project be restricted in certain respects and in order to ensure that the Project will be
acquired, constructed, equipped, used and operated in accordance with the Code and the Act, the Issuer
and the Borrower have determined to enter into this Regulatory Agreement in order to set forth certain
terms and conditions relating to the acquisition, construction and operation of the Project.
AGREEMENT:
NOW, THEREFORE, in consideration of the issuance of the Bonds by the Issuer and the
mutual covenants and undertakings set forth herein, and for other good and valuable consideration the
receipt and sufficiency of which are hereby acknowledged, t he Issuer and the Borrower hereby agree
as follows:
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Section 1. Definitions and Interpretation. Unless the context otherwise requires, the
capitalized terms used herein shall have the respective meanings assigned to them in the recitals hereto,
in this Section 1, or in the Indenture.
“Administrator” means the Issuer or any administrator or program monitor appointed by the
Issuer to administer this Regulatory Agreement and any successor administrator appointed by the
Issuer.
“Affiliated Party” means (a) a person whose relationship with the Borrower would result in a
disallowance of losses under Section 267 or 707(b) of the Code, (b) a person who together with the
Borrower are members of the same controlled group of corporations (as defined in Section 1563(a) of
the Code, except that “more than 50 percent” shall be substituted for “at least 80 percent” each place
it appears therein), (c) a partnership and each of its partners (and their spouses and minor children)
whose relationship with the Borrower would result in a disallowance of losses under Section 267 or
707(b) of the Code, and (d) an S corporation and each of its shareholders (and their spouses and minor
children) whose relationship with the Borrower would result in a disallowance of losses under Section
267 or 707(b) of the Code.
“Affordable Rents” means thirty percent (30%) of an amount equal to sixty percent (60%) of
the median gross income for the Area, adjusted for household size (as described in the definition of
“Low Income Unit” in this Section 1), less a utility allowance calculated as set forth in U.S. Treasury
Regulation Section 1.42-10.
“Area” means the Metropolitan Statistical Area or County, as applicable, in which the Project
is located, as defined by the United States Department of Housing and Urban Development.
“Available Units” means residential units in the Project that are actually occupied and
residential units in the Project that are vacant and have been occupied at least once after becoming
available for occupancy, provided that (a) a residential unit that is vacant on the later of (i) the date the
Project is acquired or (ii) the issue date of the Bonds is not an Available Unit and does not become an
Available Unit until it has been occupied for the first time after such date, and (b) a residential unit that
is not available for occupancy due to renovations is not an Available Unit and does not become an
Available Unit until it has been occupied for the first time after the renovations are completed.
“CDLAC” means the California Debt Limit Allocation Committee or its successors.
“CDLAC Conditions” has the meaning given such term in Section 29(a).
“CDLAC Resolution” means CDLAC Resolution No. 25-151 attached hereto as Exhibit E,
adopted on April 8, 2025 and relating to the Project, as such resolution may be modified or amended
from time to time.
“Certificate of Continuing Program Compliance” means the Certificate to be filed by the
Borrower with the Issuer pursuant to Section 4(f) hereof, which shall be substantially in the form
attached as Exhibit C hereto or in such other comparable form as may be provided by the Issuer to the
Borrower, or as otherwise approved by the Issuer.
“Closing Date” has the meaning given to the term “Delivery Date” in the Indenture.
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“Completion Certificate” means the certificate of completion of the construction of the Project
required to be delivered to the Issuer by the Borrower pursuant to Section 2(i) of this Regulatory
Agreement, which shall be substantially in the form atta ched to this Regulatory Agreement as
Exhibit D.
“Completion Date” means the date of completion of the construction of the Project, as that date
shall be certified as provided in Section 2(i) of this Regulatory Agreement.
“Compliance Period” means the period beginning on the first day of the Qualified Project
Period and ending on the later of (a) the end of the Qualified Project Period or (b) such later date as set
forth in Section 6(f)(3) or 29(c) of this Regulatory Agreement.
“County” means the County of Contra Costa, California.
“FOCUS Program” means (a) the FOCUS Compliance Verification Program (user’s guide
located at focus.housingcompliance.org) utilized by the Issuer to verify the Borrower’s compliance
with various requirements of this Regulatory Agreement; or (b) any similar program used by the Issuer,
in the substitution for the program described in the preceding clause (a), to verify the Borrower’s
compliance with various requirements of this Regulatory Agreement.
“Gross Income” means the gross income of a person (together with the gross income of all
persons who intend to reside with such person in one residential unit) as calculated in the manner
prescribed in under section 8 of the Housing Act.
“Housing Act” or “Housing Law” means the United States Housing Act of 1937, as amended,
or its successor.
“Income Certification” means a Tenant Income Certification and a Tenant Income Certification
Questionnaire in the form attached as Exhibit B hereto or in such other comparable form as may be
provided by the Issuer to the Borrower, or as otherwise approved by the Issuer.
“Indenture” is defined in the Recitals.
“Inducement Date” means January 21, 2025, being the date on which the Board of Supervisors
of the Issuer adopted Resolution No. 2025/17, expressing its intent to incur debt obligations to provide
financing for the Project.
“Issuer Annual Fee” means: for the period from the Closing Date to but not including
[November 1, 2026], $__________ (which is an amount equal to one 1/8 of 1% of the maximum
principal amount of the Bonds as of the Closing Date); and, thereafter, on each November 1 during the
remainder of the Compliance Period commencing [November 1, 2026], the greater of an amount equal
to 1/8 of 1% of the then outstanding principal amount of the Bonds, or $5,000.00; provided, in no event
will the aggregate of the Issuer Annual Fee plus the Issuer Issuance Fee paid cause the yield on the
Loan to exceed the yield on the Funding Loan plus one and one half percentage points. Upon Project
completion, County covenants to work with its municipal advisor and bond counsel to determine if this
restriction is complied with.
“Issuer Issuance Fee” means an amount equal to $__________ (which is an amount equal to
one 1/8 of 1% of the maximum principal amount of the Bonds as of the Closing Date); provided, in no
event will the aggregate of the Issuer Annual Fee plus the Issuer Issuance Fee paid cause the yield on
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the Loan to exceed the yield on the Funding Loan plus one and one half percentage points. Upon
Project completion, County covenants to work with its municipal advisor and bond counsel to
determine if this restriction is complied with.
“Low Income Tenant” means a tenant occupying a Low Income Unit.
“Low Income Unit” means any Available Unit if the aggregate Gross Income of all tenants
therein does not exceed limits determined in a manner consistent with determinations of “low-income
families” under Section 8 of the Housing Act, provided that the percentage of median gross income
that qualifies as low income hereunder shall be sixty percent (60%) of median gross income for the
Area, with adjustments for family size. A unit occupied by one or more students shall only constitute
a Low Income Unit if such students meet the requirements of Section 142(d)(2)(C) of the Code. The
determination of an Available Unit’s status as a Low Income Unit shall be made by the Borrower upon
commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an
Income Certification executed by each tenant.
“Manager” means a property manager meeting the requirements of Section 28 hereof. Related
Affordable Management, LLC is the initial Manager.
“Project” means the 70-unit multifamily rental housing development (including one manager’s
unit) located at 515 Richmond Street in the City of El Cerrito, California, on the real property site
described in Exhibit A hereto, consisting of those facilities, including a fee interest in the real property,
structures, buildings, fixtures or equipment situated thereon, as it may at any time exist, the acquisition
and construction of which facilities is to be financed, in whole or in part, from the proceeds of the
Loan, and any real property, structures, buildings, fixtures or equipment acquired in substitution for,
as a renewal or replacement of, or a modification or improvement to, all or any part of such facilities.
“Project Costs” means, to the extent authorized by the Act, any and all costs and expenses
incurred by the Borrower with respect to the acquisition, financing, construction and/or operation of
the Project, whether paid or incurred prior to or after the Closing Date, including, without limitation,
costs for the acquisition of property, the cost of consultant, accounting and legal services, appraisal
costs, other expenses necessary or incident to the acquisition and construction of the Project, and
administrative expenses, and interest on the Loan.
“Qualified Project Costs” means Project Costs that meet each of the following requirements:
(i) the costs are properly chargeable to capital account (or would be so chargeable with a proper election
by the Borrower or but for a proper election by the Borrower to deduct such costs) in accordance with
general Federal income tax principles and in accordance with United States Treasury Regulations
§1.103-8(a)(1), provided, however, that only such portion of interest accrued during the construction
of the Project shall be eligible to be a Qualified Project Cost as is so capitalizable and as bear s the same
ratio to all such interest as the Qualified Project Costs bear to all Project Costs; and provided further
that interest accruing after the date of completion of the construction of the Project shall not be a
Qualified Project Cost; and provided still further that if any portion of the Project is being constructed
by an Affiliated Party (whether as a general contractor or a subcontractor), Qualified Project Costs
shall include only (A) the actual out -of-pocket costs incurred by such Affiliated Party in constructing
the Project (or any portion thereof), (B) any reasonable fees for supervisory services actually rendered
by the Affiliated Party, and (C) any overhead expenses incurred by the Affiliated Party which are
directly attributable to the work performed on the Project, and shall not include, for example,
intercompany profits resulting from members of an affiliated group (within the meaning of Section
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4930-9998-4488v3/200936-0007
1504 of the Code) participating in the construction of the Project or payments received by such
Affiliated Party due to early completion of the Project; (ii) the costs are paid with respect to a qualified
residential rental project or projects within the meaning of Section 142(d) of the Code, (iii) the costs
are paid after the earlier of 60 days prior to the Inducement Date or the Closing Date, and (iv) if the
Project Costs were previously paid and are to be reimbursed with proceeds of the Loan, such costs
were (A) costs of issuance of the Bonds, (B) preliminary capital expenditures (within the meaning of
United States Treasury Regulations §1.139-2(f)(2)) with respect to the Project (such as architectural,
engineering and soil testing services) incurred before commencement of the construction of the Project
that do not exceed twenty percent (20%) of the issue price of the Bonds (as defined in United States
Treasury Regulations §1.148-1), or (C) were capital expenditures with respect to the Project that are
reimbursed no later than eighteen (18) months after the later of the date the expenditure was paid or
the date the Project is placed in service (but no later than three (3) years after the expenditure is paid).
“Qualified Project Period” means the period beginning on the first date on which at least ten
percent (10%) of the units in the Project are first occupied, and ending on the later of the following:
(a) the date that is fifteen (15) years after the date on which at least fifty percent (50%) of the units in
the Project are first occupied; (b) the first date on which no Tax-Exempt private activity bonds with
respect to the Project are Outstanding; or (c) the date on which any assistance provided with respect to
the Project under Section 8 of the Housing Act terminates. For purposes of the foregoing clause (b),
the term “private activity bond” has the meaning contemplated in Section 142(d)(2)(A)(ii) of the Code.
“Regulations” means the Income Tax Regulations of the Department of the Treasury applicable
under the Code from time to time.
“Regulatory Agreement” means this Regulatory Agreement and Declaration of Restrictive
Covenants, as it may be supplemented and amended from time to time.
“Rental Payments” means the rental payments paid by the occupant of a unit, excluding any
supplemental rental assistance to the occupant from the State, the federal government, or any other
public agency, but including any mandatory fees or charges imposed on the occupant by the Borrower
as a condition of occupancy of the unit.
“Tax Counsel” has the meaning given to the term “Bond Counsel” in the Indenture.
“Tax-Exempt” means with respect to interest on any obligations of a state or local government,
including the Bonds, that such interest is excluded from gross income for federal income tax purposes
of the respective owners of the Bonds; provided, however, that such interest may be includable as an
item of tax preference or otherwise includable directly or indirectly for purposes of calculating other
tax liabilities, including any alternative minimum tax or environmental tax, under the Code.
“Tax-Exempt Loan” means the portion of the Loan made using proceeds of the Tax -Exempt
Bonds.
“Transfer” means the conveyance, assignment, sale or other disposition of all or any portion of
the Project; and shall also include, without limitation to the foregoing, the following: (a) an installment
sales agreement wherein Borrower agrees to sell the Project or any part thereof for a price to be paid
in installments; and (b) an agreement by the Borrower leasing all or a substantial part of the Project to
one or more persons or entities pursuant to a single or related transactions.
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Unless the context clearly requires otherwise, as used in this Regulatory Agreement, words of
any gender shall be construed to include each other gender when appropriate and words of the singular
number shall be construed to include the plural number, and vice versa, when appropriate. This
Regulatory Agreement and all the terms and provisions hereof shall be construed to effectuate the
purposes set forth herein and to sustain the validity hereof.
The titles and headings of the sections of this Regulatory Agreement have been inserted for
convenience of reference only, and are not to be considered a part hereof and shall not in any way
modify or restrict any of the terms or provisions hereof or be considered or given any effect in
construing this Regulatory Agreement or any provisions hereof or in ascertaining intent, if any question
of intent shall arise.
The parties to this Regulatory Agreement acknowledge that each party and their respective
counsel have participated in the drafting and revision of this Regulatory Agreement. Accordingly, the
parties agree that any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Regulatory Agreement or any supplement or
exhibit hereto.
Section 2. Representations, Covenants and Warranties of the Borrower.
(a) The statements made in the various certificates delivered by the Borrower to the Issuer,
the Servicer or the Trustee on the Closing Date are true and correct.
(b) The Borrower (and any person related to it within the meaning of Section 147(a)(2) of
the Code) will not take or omit to take, as is applicable, any action if such action or omission would in
any way cause the proceeds of the Loan to be applied in a manner contrary to the applicable
requirements of the Loan Agreement and this Regulatory Agreement.
(c) The Borrower will not take or permit, or omit to take or cause to be taken, as is
appropriate, any action that would adversely affect the exclusion from gross income for federal income
tax purposes of the interest on the Tax-Exempt Bonds, or the exemption from California personal
income taxation of the interest on the Bonds and, if it should take or permit, or omit to take or cause to
be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or
omissions promptly upon obtaining knowledge thereof.
(d) The Borrower will take such action or actions as may be necessary, in the written
opinion of Tax Counsel filed with the Issuer and the Servicer (with a copy to Majority Owner), to
comply fully with the Act, the Code and all applicable rules, rulings, policies, procedures, Regulations
or other official statements promulgated, proposed or made by the Department of the Treasury or the
Internal Revenue Service to the extent necessary to maintain the exclusion from gross income for
federal income tax purposes of interest on the Bonds.
(e) The acquisition by the Borrower of an interest in the site on which the Project is located
and the commencement of the construction of the Project occurred after the date which was 60 days
prior to the Inducement Date. The Borrower has incurred a substantial binding obligation to expend
proceeds of the Loan pursuant to which the Borrower is obligated to expend an amount at least equal
to five percent (5%) of the $[35,700,000] maximum principal amount of the Tax-Exempt Loan.
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(f) The Borrower will proceed with due diligence to complete the construction of the
Project and the full expenditure of the proceeds of the Tax-Exempt Loan. The Borrower reasonably
expects to complete the construction of the Project and to expend the full maximum $[35,700,000]
principal amount of the Tax-Exempt Loan by [November 1, 2028].
(g) The Borrower’s reasonable expectations respecting the total expenditure of the
proceeds of the Tax-Exempt Loan have been accurately set forth in a certificate of the Borrower
delivered to the Issuer on the Closing Date. At all times, the aggregate disbursements of the proceeds
of the Tax-Exempt Loan will have been applied to pay or to reimburse the Borrower for the payment
of Qualified Project Costs in an amount equal to ninety-seven percent (97%) or more of such
disbursements, and less than twenty-five percent (25%) of such disbursements shall have been used to
pay for the acquisition of land or an interest therein.
(h) Notwithstanding the provisions of Section 2.04 of the Loan Agreement, and in addition
thereto, the Borrower agrees to obtain a written report from an independent firm with experience in
calculating excess investment earnings for purposes of Section 148(f) of the Code, not less than once
on or about each five year anniversary of the Closing Date and within thirty (30) days of the date the
Bonds has been paid in full, determining that either (i) no excess investment earnings subject to rebate
to the federal government under Section 148(f) of the Code have arisen with respect to the Bonds in
the prior five-year period (or, with respect to the final such report following the repayment of the
Bonds, have arisen since the last five-year report); or (ii) excess investment earnings have so arisen
during the prior five-year period (or, with respect to the final such report following the repayment of
the Bonds, have arisen since the last five-year report), and specifying the amount thereof that needs to
be rebated to the federal government and the date by which such amount needs to be so rebated. The
Borrower shall provide a copy of each report prepared in accordance with the preceding sentence to
the Issuer, each time within one week of its receipt of the same from the independent firm that prepared
the respective report.
(i) As soon as practicable after the Completion Date, the Borrower shall deliver to the
Issuer a duly executed Completion Certificate.
(j) The Borrower acknowledges that the Issuer has appointed the Administrator to
administer this Regulatory Agreement and to monitor performance by the Borrower of the terms,
provisions and requirements hereof. The Borrower shall comply with any reasonable request by the
Issuer, the Administrator or the Servicer to deliver to the Administrator or the Servicer, as applicable,
in addition to the Issuer, any reports, notices or other documents required to be delivered pursuant
hereto, and to make the Project and the books and records with respect thereto available for inspection
by the Administrator as an agent of the Issuer and the Servicer upon its respective written request.
(k) Within thirty (30) days after the date on which fifty percent (50%) of the dwelling units
in the Project are first occupied, the Borrower will submit to the Issuer (with a copy to the Majority
Owner), and will cause to be recorded in the County Recorder’s office, a duly executed and completed
Certificate as to Commencement of Qualified Project Period in the form of Exhibit G hereto.
(l) Money on deposit in any fund or account in connection with the Loan or the Funding
Loan, whether or not such money was derived from other sources, shall not be used by or under the
direction of the Borrower, in a manner which would cause the Tax-Exempt Bonds to be “arbitrage
bonds” within the meaning of Section 148 of the Code, and the Borrower specifically agrees that the
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investment of money in any such fund shall be restricted as may be necessary to prevent the Tax-
Exempt Bonds from being “arbitrage bonds” under the Code.
(m) All of the proceeds of the Tax-Exempt Loan and earnings from the investment of such
proceeds will be used to pay Project Costs; and no more than two percent (2%) of the proceeds of the
Tax-Exempt Loan will be used to pay issuance costs of the Bonds, within the meaning of Section
147(g) of the Code.
(n) No portion of the proceeds of the Tax-Exempt Loan shall be used to provide any
airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling,
or store the principal business of which is the sale of alcoholic beverages for consumption off premises.
No portion of the proceeds of the Tax-Exempt Loan shall be used for an office unless the office is
located on the premises of the facilities constituting the Project and unless not more than a de minimis
amount of the functions to be performed at such office is not related to the day-to-day operations of
the Project.
(o) In accordance with Section 147(b) of the Code, the average maturity of the Tax-Exempt
Bonds does not exceed 120% of the average reasonably expected remaining economic life of the
facilities being financed by the Tax-Exempt Loan.
(p) The Borrower shall comply with all applicable requirements of Section 65863.10 of
the California Government Code pertaining to the Project, including the requirements for providing
notices in Sections (b), (c), (d) and (e) thereof, and with all applicable requirements of Section
65863.11 of the California Government Code pertaining to the Project.
(q) The Borrower shall pay all of the Costs of Issuance.
(r) The Borrower hereby incorporates herein, as if set forth in full herein, each of the
representations, covenants and warranties of the Borrower contained in the Tax Certificate and the
Loan Agreement relating to the Project.
(s) The Borrower hereby represents and warrants that the Project is located entirely within
the City of El Cerrito, California.
(t) The Borrower acknowledges, represents and warrants that it understands the nature and
structure of the transactions contemplated by this Regulatory Agreement; that it is familiar with the
provisions of all of the Loan Documents to which it is a party or of which it is a beneficiary; that it
understands the financial and legal risks inherent in such transactions; and that it has not relied on the
Issuer for any guidance or expertise in analyzing the financial or other consequences of such financing
transactions or otherwise relied on the Issuer in any manner except to issue the Bonds in order to
provide funds to assist the Borrower in acquiring and constructing the Project.
Section 3. Qualified Residential Rental Project. The Borrower hereby acknowledges
and agrees that the Project is to be owned, managed and operated as a “residential rental project” within
the meaning of Section 142(d) of the Code for a term equal to the Compliance Period. To that end,
and for the term of this Regulatory Agreement, the Borrower hereby represe nts, covenants, warrants
and agrees as follows:
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(a) The Project will be operated for the purpose of providing multifamily residential rental
property. The Borrower will own, manage and operate the Project as a project to provide multifamily
residential rental property comprised of a building or structure or several interrelated buildings or
structures, together with any functionally related and subordina te facilities, and no other facilities, in
accordance with Section 142(d) of the Code, Section 1.103-8(b) of the Treasury Regulations and the
provisions of the Act, and in accordance with such requirements as may be imposed thereby on the
Project from time to time.
(b) All of the dwelling units in the Project (except for not more than one unit set aside for
a resident manager or other administrative use) will be similarly constructed units, and each dwelling
unit in the Project will contain complete separate and distinct facilities for living, sleeping, eating,
cooking and sanitation for a single person or a family, including a sleeping area, bathing and sanitation
facilities and cooking facilities equipped with a cooking range, refrigerator and sink.
(c) None of the dwelling units in the Project will at any time be utilized on a transient basis
or rented for a period of less than 30 consecutive days, or will ever be used as a hotel, motel, dormitory,
fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer
court or park; provided that the use of certain units for tenant guests on an intermittent basis shall not
be considered transient use for purposes of this Regulatory Agreement.
(d) No part of the Project will at any time during the Compliance Period be owned by a
cooperative housing corporation, nor shall the Borrower take any steps in connection with a conversion
to such ownership or use, and the Borrower will not take any steps in connection with a conversion of
the Project to condominium ownership during the Compliance Period (except that the Borrower may
obtain final map approval and the Final Subdivision Public Report from the California Department of
Real Estate and may file a condominium plan with the County).
(e) All of the Available Units in the Project will be available for rental during the period
beginning on the date hereof and ending on the termination of the Compliance Period on a continuous,
“first-come, first-served” basis to members of the general public, and the Borrower will not give
preference to any particular class or group in renting the dwelling units in the Project, except (i) not
more than one unit may be set aside for a resident manager or other administrative use, or (ii) to the
extent that dwelling units are required to be leased or rented in such a manner that they constitute Low
Income Units or otherwise as necessary to comply with Section 6(a), (b) and (c), or (iii) to the extent
required under any “extended low-income housing commitment” (an “Extended Use Agreement”)
applicable to the Project, or (iv) to the extent required by the provisions of any documents related to
the provision of State or federal low income housing tax credits for the Project .
(f) The Project site consists of a parcel or parcels that are contiguous except for the
interposition of a road, street or stream, and all of the facilities of the Project comprise a single
geographically and functionally integrated project for residential rental property, as evidenced by the
ownership, management, accounting and operation of the Project.
(g) The Borrower shall not discriminate on the basis of race, creed, color, sex, source of
income (e.g. AFDC, SSI), physical disability, age, national origin or marital status in the rental, lease,
use or occupancy of the Project or in connection with the employment or application for employment
of persons for the operation and management of the Project.
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(h) No dwelling unit in the Project shall be occupied by the Borrower. Notwithstanding
the foregoing, if the Project contains five or more dwelling units, this paragraph shall not be construed
to prohibit occupancy of dwelling units by one or more resident managers or maintenance personnel
any of whom may be the Borrower; provided that the number of such managers or maintenance
personnel is not unreasonable given industry standards in the area for the number of dwelling units in
the Project.
(i) The Borrower will not sell dwelling units within the Project.
(j) Should involuntary noncompliance with the provisions of Section 1.103-8(b) of the
Treasury Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in
lieu of foreclosure, change in a federal law or an action of a federal agency after the Closing Date
which prevents the Issuer from enforcing the requirements of the Code and the Treasury Regulations
as applicable to the Project, or condemnation or similar event, the Borrower covenants that, within a
“reasonable period” determined in accordance with the applicable Regulations, it wil l either prepay the
Loan or, if permitted under the provisions of the Loan Agreement, apply any proceeds received as a
result of any of the preceding events to rehabilitate the Project to meet the requirements of Section
142(d) of the Code and the applicable Regulations.
(k) During the Qualified Project Period, the Borrower shall submit a completed Internal
Revenue Code Form 8703 or such other annual certification as required by the Code with respect to
the Project to the Secretary of the Treasury on or before March 31 of each year (or such other date as
may be required by the Code).
The Issuer hereby elects to have the Project meet the requirements of Section 142(d)(1)(B) of
the Code.
Section 4. Low Income Tenants; Reporting Requirements. Pursuant to the
requirements of the Code, the Borrower hereby represents, warrants and covenants as follows:
(a) During the Compliance Period, no less than forty percent (40%) of the total number of
completed units in the Project shall at all times be Low Income Units. For the purposes of t his
paragraph (a), a vacant unit that was most recently a Low Income Unit is treated as a Low Income Unit
until reoccupied, other than for a temporary period of not more than 31 days, at which time the character
of such unit shall be redetermined.
In addition to the foregoing, the Borrower shall comply with the “Other Restricted Units”
requirements of Section 14.b. of Exhibit A to the CDLAC Resolution, as required by Section 29(a),
including the tenant income restrictions referenced after Section 7 of Exhibit A to the CDLAC
Resolution.
(b) No tenant qualifying as a Low Income Tenant upon initial occupancy shall be denied
continued occupancy of a unit in the Project because, after admission, the aggregate Gross Income of
all tenants in the unit occupied by such Low Income Tenant increases to exceed the qualifying limit
for a Low Income Unit. However, should the aggregate Gross Income of tenants in a Low Income
Unit, as of the most recent determination thereof, exceed one hundred forty percent (140%) of the
applicable income limit for a Low Income Unit occupied by the same number of tenants, the next
available unit of comparable or smaller size must be rented to (or held vacant and available for
immediate occupancy by) Low Income Tenant(s). The unit occupied by such tenants whose aggregate
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Gross Income exceeds such applicable income limit shall continue to be treated as a Low Income Unit
for purposes of the 40% requirement of Section 4(a) hereof unless and until an Available Unit of
comparable or smaller size is rented to persons other than Low Income Tenants.
(c) During the Compliance Period, the Borrower will obtain, complete and maintain on
file Income Certifications for each Low Income Tenant, including (i) an Income Certification dated
immediately prior to the initial occupancy of such Low Income Tenant in the unit and a second Income
Certification dated one year after the Low-Income Tenant’s initial move-in date, and (ii) thereafter, an
annual Income Certification with respect to each Low Income Tenant. In lieu of obtaining the annual
Income Certifications required by clause (ii) of the preceding sentence, the Borrower may, with respect
to any particular twelve-month period ending each February 1, deliver to the Administrator no later
than fifteen days after such date a certification that as of each February 1, no residential unit in the
Project was occupied within the preceding twelve months by a new resident whose income exceeded
the limit applicable to Low Income Tenants upon admission to the Project. The Administrator may at
any time and in its sole and absolute discretion notify the Borrower in writing that it will no longer
accept certifications of the Borrower made pursuant to the preceding sentence and that the Borrower
will thereafter be required to obtain annual Income Certifications for tenants. The Borrower will also
provide such additional information as may be required in the future by the Code, the State or the
Issuer, as the same may be amended from time to time, or in such other form and manner as ma y be
required by applicable rules, rulings, policies, procedures, Regulations or other official statements now
or hereafter promulgated, proposed or made by the Department of the Treasury or the Internal Revenue
Service with respect to Tax-Exempt obligations. Upon request of the Administrator or the Issuer,
copies of Income Certifications for Low Income Tenants commencing or continuing occupation of a
Low Income Unit shall be submitted to the Administrator or the Issuer, as requested.
(d) The Borrower shall make a good faith effort to verify that the income information
provided by an applicant in an Income Certification is accurate by taking one or more of the following
steps as a part of the verification process: (1) obtain pay stubs for the three most recent pay periods,
(2) obtain an income tax return for the most recent tax year, (3) obtain a credit report or conduct a
similar type credit search, (4) obtain an income verification from the applicant’s current employer, (5)
obtain an income verification from the Social Security Administration and/or the California
Department of Social Services if the applicant receives assistance from either of such agencies, or (6)
if the applicant is unemployed and does not have an income tax return, obtain another form of
independent verification reasonably acceptable to the Administrator.
(e) The Borrower will maintain complete and accurate records pertaining to the Low
Income Units, and will permit any duly authorized representative of the Administrator, the Issuer, the
Servicer, the Department of the Treasury or the Internal Revenue Service to inspect the books and
records of the Borrower pertaining to the Project, including those records pertaining to the occupancy
of the Low Income Units.
(f) The Borrower will prepare and submit to the Administrator, on behalf of the Issuer, not
less than annually, commencing not less than six months after the Closing Date, a Certificate of
Continuing Program Compliance executed by the Borrower in substantially the form attached hereto
as Exhibit C. During the Compliance Period, the Borrower shall submit a completed Internal Revenue
Code Form 8703 or such other annual certification as required by the Code with respect to the Project,
to the Secretary of the Treasury on or before March 31 of each year (or such other date as may be
required by the Code).
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(g) During the entire Compliance Period, all tenant leases or rental agreements shall be
subordinate to this Regulatory Agreement. All leases pertaining to Low Income Units shall contain
clauses, among others, wherein each tenant who occupies a Low Income Unit: (i) certifies the accuracy
of the statements made by such tenant in the Income Certification; (ii) agrees that the family income
and other eligibility requirements shall be deemed substantial and material obligations of the tenancy
of such tenant, that such tenant will comply promptly with all requests for information with respect
thereto from the Borrower, the Issuer or the Administrator on behalf of the Issuer, and that the failure
to provide accurate information in the Income Certification or refusal to comply with a request for
information with respect thereto shall be deemed a violation of a substantial obligation of the tenancy
of such tenant; (iii) acknowledges that the Borrower has relied on the statements made by such tenant
in the Income Certification and supporting information supplied by the Low Income Tenant in
determining qualification for occupancy of a Low Income Unit, and that any material misstatement in
such certification (whether or not intentional) will be cause for immediate termination of such lease or
rental agreement; (iv) agrees that the tenant’s income is subject to annual certification in accordance
with Section 4(c) and that if upon any such certification the aggregate Gro ss Income of tenants in such
unit exceeds the applicable income limit under Section 4(b), the unit occupied by such tenant may
cease to qualify as a Low Income Unit and such unit’s rent may be subject to increase ; and (v) agrees
that a tenant’s failure to cooperate with the annual recertification process required by this Regulatory
Agreement is grounds for termination of the lease or rental agreement .
For purposes of this Section 4, no unit occupied by a residential manager shall be treated as a
rental unit during the time of such occupation.
Section 5. Tax-Exempt Status of the Tax-Exempt Bonds. The Borrower and the Issuer,
as applicable, each hereby represents, warrants and agrees as follows:
(a) The Borrower and the Issuer will not knowingly take or permit, or omit to take or cause
to be taken, as is appropriate, any action that would adversely affect the Tax -Exempt nature of the
interest on the Tax-Exempt Bonds and, if either of them should take or permit, or omit to take or cause
to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions
or omissions promptly upon obtaining knowledge thereof.
(b) The Borrower and the Issuer will file of record such documents and take such other
steps as are necessary, in the written opinion of Tax Counsel filed with the Issuer (with a copy to the
Borrower, Servicer and Majority Owner), in order to insure that the requirements and restrictions of
this Regulatory Agreement will be binding upon all owners of the Project, including, but not limited
to, the execution and recordation of this Regulatory Agreement in the real property records of the
County.
Section 6. Requirements of the Act. In addition to the other requirements set forth
herein, the Borrower hereby agrees that it shall comply with each of the requirements of the Act,
including the following:
(a) As provided in Section 52080(a)(1)(B) of the Act, forty percent (40%) or more of the
completed residential units in the Project shall be occupied by, or held vacant and available for
occupancy by, individuals whose income is sixty percent (60%) or less of area median income, within
the meaning of Section 52080(a)(1) of the Act (it being acknowledged that (i) units required to be set
aside for Low Income Tenants pursuant to Section 4(a) may be counted for purposes of satisfying the
requirements of this Section 6(a) if the related Low Income Tenants otherwise satisfy the requirements
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of this Section 6(a) and (ii) units with over-income tenants previously qualified as Low Income Tenants
as may be counted as satisfying the requirements of this Section 6(a) to the extent provided in Section
4(b)).
(b) The rental payments paid by the occupants of the units described in paragraph (a) of
this Section (excluding any supplemental rental assistance from the state, the federal government, or
any other public agency to those occupants or on behalf of those units) shall not exceed thirty percent
of sixty percent of area median income, within the meaning of Section 52080(a)(1) of the Act.
(c) The Borrower shall accept as tenants, on the same basis as all other prospective tenants,
Low Income Tenants who are recipients of federal certificates or vouchers for rent subsidies pursuant
to the existing program under Section 8 of the Housing Law. The selection criteria applied to certificate
holders under Section 8 of the Housing Law shall not be more burdensome than the criteria applied to
all other prospective tenants.
(d) The Borrower shall ensure that units occupied as required by paragraph (a) of this
Section are of comparable quality and offer a range of sizes and number of bedrooms comparable to
those units which are available to other tenants.
(e) As provided in Section 52080(e) of the Act, the Project may be syndicated after prior
written approval of the Issuer. The Issuer shall grant that approval only after it determines that the
terms and conditions of the syndication (1) shall not reduce or limit any of the requirements of the Act
or regulations adopted or documents executed pursuant to the Act, (2) shall not cause any of the
requirements in this Regulatory Agreement to be subordinated to the syndication agreement, or (3)
shall not result in the provision of fewer assisted units, or the reduction of any benefits or services,
than were in existence prior to the syndication agreement. The Issuer hereby acknowledges that this
Section 6(e) does not apply to any syndication of federal tax credits for the Project.
(f) Following the expiration or termination of the Qualified Project Period, except in the
event of foreclosure and redemption of the Bonds, deed in lieu of foreclosure, eminent domain, or
action of a federal agency preventing enforcement, units required to be reserved for occupancy
pursuant to Section 6(a) shall remain available to any eligible household occupying a reserved unit at
the date of such expiration or termination, at a rent not greater than the amount required by Section
6(b), until the earliest of any of the following occur:
(1) The household’s income exceeds 140 percent of the maximum eligible income
specified in Section 6(a).
(2) The household voluntarily moves or is evicted for “good cause.” “Good cause”
for the purposes of this section means the nonpayment of rent or allegation of facts necessary to prove
major, or repeated minor, violations of material provisions of the occupancy agreement which
detrimentally affect the health, safety, occupancy or quiet enjoyment of other persons or the structure,
the fiscal integrity of the Project or the purposes or special programs of the Project.
(3) Thirty years after the date of commencement of the Qualified Project Period.
(4) The Borrower pays the relocation assistance and benefits to tenants as provided
in subdivision (b) of Section 7264 of the California Government Code.
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(g) Except in the event of foreclosure and repayment of the Bonds, deed in lieu of
foreclosure, eminent domain, or action of a federal agency preventing enforcement, during the three
years prior to expiration of the Qualified Project Period, the Borrower shall continue to make available
to eligible households reserved units that have been vacated to the same extent that nonreserved units
are made available to noneligible households.
(h) This Section shall not be construed to require the Issuer to monitor the Borrower’s
compliance with the provisions of paragraph (f), or that the Issuer shall have any liability whatsoever
in the event of the failure by the Borrower to comply with any of the provisions of this Regulatory
Agreement.
(i) The covenants and conditions of this Regulatory Agreement shall be binding upon
successors in interest of the Borrower.
(j) This Regulatory Agreement shall be recorded in the office of the County Recorder of
the County, and shall be recorded in the grantor-grantee index to the names of the Borrower as grantor
and to the name of the Issuer as grantee.
Section 7. Requirements of the Issuer. In addition to other requirements set forth herein
and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, th e
Borrower hereby agrees to comply with each of the requirements of the Issuer set forth in this Section
7, as follows:
(a) All tenant lists, applications and waiting lists relating to the Project shall at all times be
kept separate and identifiable from any other business of the Borrower and shall be maintained as
required by the Issuer, in a reasonable condition for proper audit and subject to examination upon
reasonable notice (which need not be in excess of three Business Days) and during business hours by
representatives of the Issuer.
(b) The Borrower shall not discriminate on the basis of race, creed, color, religion, sex,
sexual orientation, marital status, national origin, source of income (e.g. AFDC and SSI), ancestry or
handicap in the lease, use or occupancy of the Project (except as required to comply with Section
3(e)(ii), (iii) or (iv)), or in connection with the employment or application for employment of persons
for the construction, operation, or management of the Project.
(c) The Borrower shall not, at initial occupancy, permit occupancy in any unit in the
Project by more than (i) two persons per bedroom in the unit, plus (ii) one person; and the Borrower
shall at all times offer for rent the largest unit then available for the applicable household size (being
one bedroom units for 2-3 person households, and two bedroom units for 4-5 person households). The
foregoing, however, shall not apply to one unit in the Project occupied by or set aside for a resident
manager.
(d) The Borrower shall pay to the Issuer (i) through the escrow account established by the
Title Company on the Closing Date the Issuer Issuance Fee and the Issuer Annual Fee for the period
from the Closing Date to but not including November 1, 2026, and (ii) directly to the Issuer on each
November 1, on and after November 1, 2026, the Issuer Annual Fee; without in either case any
requirement for notice or billing of the amount due. In addition, the Borrower shall pay to the Issuer
promptly following receipt of an invoice that reasonably identifies the relevant expenses and the
amounts thereof, any out of pocket expenses incurred by the Issuer in connection with the Bonds, the
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Project Note, the Indenture, the Loan Agreement, this Regulatory Agreement or any of the other
Financing Documents, including but not limited to any costs related to the FOCUS Program.
(e) The rent limits set forth in Sections 6(b) and 6(f) shall apply to all Low Income Units.
In addition, the rental payments paid by Low Income Tenants for the Low Income Units shall not
exceed Affordable Rents.
(f) The Borrower will accept as tenants, on the same basis as all other prospective tenants,
persons who are recipients of federal certificates for rent subsidies pursuant to the existing program
under Section 8 of the Act, or its successor. The Borrower shall not apply selection criteria to Section
8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective
tenants, nor shall the Borrower apply or permit the application of management policies or lea se
provisions with respect to the Project which have the effect of precluding occupancy of units by such
prospective tenants.
(g) The Borrower shall submit to the Issuer: (i) rent rolls and other information required
by the FOCUS Program on a quarterly basis, and (ii) within fifteen (15) days after receipt of a written
request, any other information or completed forms requested by the Issuer in order to comply with
reporting requirements of the Internal Revenue Service or the State.
(h) The Borrower shall indemnify the Issuer as provided in Section 9 hereof and in Section
6.01 of the Loan Agreement.
(i) The Issuer may, at its option and at its expense, at any time appoint an Administrator
to administer this Agreement or any provision hereof and to monitor performance by the Borrower of
all or of any of the terms, provisions and requirements hereof. Following any such appointment, the
Borrower shall comply with any request by the Issuer to deliver to such Administrator, in addition to
or instead of the Issuer, any reports, notices or other documents required to be delivered pursuant
hereto, and to make the Project and the books and records with respect thereto available for inspection
by such administrator as an agent of the Issuer.
(j) The Borrower shall submit its written management policies with respect to the Project,
if any, to the Issuer for its review, and shall amend such policies in any way necessary to insure that
such policies comply with the provisions of this Regulatory Agreement and the requirements of the
existing program under Section 8 of the Housing Law, or its successors. The Borrower shall not
promulgate management policies which conflict with the provisions of the addendum to the form of
lease for the Project prepared by the Housing Authority of Contra Costa County, and shall attach such
addendum to leases for tenants which are holders of Section 8 certificates.
(k) The Borrower shall screen and select tenants for desirability and creditworthiness at its
discretion; provided, however, that the Borrower shall consider a prospective tenant’s rent history for
at least the one year period prior to application as evidence of the tenant’s ability to pay the applicable
rent.
(l) At least six months prior to the expiration of the Qualified Project Period the Borrower
shall provide by first-class mail, postage prepaid, a notice to all tenants in the Low Income Units
containing (i) the anticipated date of the expiration of the Qualified Project Period, (ii) any anticipated
rent increase upon the expiration of the Qualified Proje ct Period, (iii) a statement that a copy of such
notice will be sent to the Issuer, and (iv) a statement that a public hearing may be held by the Issuer on
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the issue and that the tenant will receive notice of the hearing at least fifteen (15) days in advan ce of
any such hearing. The Borrower shall also file a copy of the above -described notice with the
Community Development Bond Program Manager of the Department of Conservation and
Development of the Issuer.
(m) Notwithstanding Section 1461 of the Civil Code, the provisions of this Section shall
run with the land and may be enforced either in law or in equity by any resident, local agency, entity,
or by any other person adversely affected by the Borrower’s failure to comply with the provisions of
this Section.
(n) The Borrower shall not participate in any refunding of the Bonds or the Loan by means
of the issuance of bonds or other obligations by any governmental body other than the Issuer.
(o) Each of the requirements of Sections 3, 4 and 6 hereof is hereby incorporate d as a
specific requirement of the Issuer, whether or not required by California or federal law.
(p) The requirements of Section 6 and this Section 7 shall be in effect during the entire
Compliance Period.
Any of the foregoing requirements of the Issuer contained in this Section 7 may be expressly
waived by the Issuer in writing, but (i) no waiver by the Issuer of any requirement of this Section 7
shall, or shall be deemed to, extend to or affect any other provision of this Regulatory Agreement
except to the extent the Issuer has received an opinion of Tax Counsel (with a copy to Servicer and
Majority Owner) that any such provision is not required by the Act and may be waived without
adversely affecting the exclusion from gross income of interest on the Bonds for federal income tax
purposes; and (ii) any requirement of this Section 7 shall be void and of no force and effect if the Issuer
and the Borrower receive a written opinion of Tax Counsel (with a copy to Servicer and Majority
Owner) to the effect that compliance with any such requirement would cause interest on the Tax-
Exempt Bonds to cease to be Tax-Exempt or to the effect that compliance with such requirement would
be in conflict with the Act or any other State or federal law.
Section 8. Modification of Covenants. The Borrower and the Issuer hereby agree as
follows:
(a) To the extent any amendments to the Act, the Treasury Regulations or the Code shall,
in the written opinion of Tax Counsel filed with the Issuer and the Borrower (with a copy to Servicer
and Majority Owner), retroactively impose requirements upon the ownership or operation of the
Project more restrictive than those imposed by this Regulatory Agreement, and if such requirements
are applicable to the Project and compliance therewith is necessary to ma intain the validity of, or the
Tax-Exempt status of interest on the Tax-Exempt Bonds, this Regulatory Agreement shall be deemed
to be automatically amended to impose such additional or more restrictive requirements.
(b) To the extent that the Act, the Treasury Regulations or the Code, or any amendments
thereto, shall, in the written opinion of Tax Counsel filed with the Issuer and the Borrower (with a copy
to Servicer and Majority Owner), impose requirements upon the ownership or operation of the Project
less restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may be
amended or modified to provide such less restrictive requirements but only by written amendment
signed by the Issuer, at its sole discretion, and the Borrower, and only upon receipt by the Issuer (with
a copy to Servicer and Majority Owner) of the written opinion of Tax Counsel to the effect that such
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amendment is permitted by the Loan Agreement and will not affect the Tax-Exempt status of interest
on the Tax-Exempt Bonds or violate the requirements of the Act, and otherwise is in accordance with
Section 22 hereof.
(c) The Borrower and the Issuer shall execute, deliver and, if applicable, file of record any
and all documents and instruments necessary to effectuate the intent of this Section 8.
Section 9. Indemnification; Other Payments. To the fullest extent permitted by law,
the Borrower agrees to indemnify, hold harmless and defend the Issuer and each of its officers,
Supervisors, officials, employees, attorneys and agents (collectivel y, the “Indemnified Parties”),
against any and all losses, damages, claims, actions, liabilities, costs and expenses of any conceivable
nature, kind or character (including, without limitation, reasonable attorneys’ fees, litigation and court
costs, amounts paid in settlement and amounts paid to discharge judgments) to which the Indemnified
Parties, or any of them, may become subject under or any statutory law (including federal or state
securities laws) or at common law or otherwise, arising out of or based upon or in any way relating to:
(i) the Indenture, the Loan Agreement, this Regulatory Agreement or any
of the other Financing Documents and all documents related thereto, or the execution or amendment
hereof or thereof or in connection with transactions contemplated hereby or thereby, including the
issuance, sale, resale or remarketing of the Funding Loan;
(ii) any act or omission of the Borrower or any of its agents, contractors,
servants, employees or licensees in connection with the Loan or the Project, the acquisition,
construction or operation of the Project, or the condition, environmental or otherwise, occupancy, use,
possession, conduct or management of work done in or about, or from the planning, design, acquisition
and construction of the Project or any part thereof;
(iii) any lien or charge upon payments by the Borrower to the Issuer or the
Servicer or any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments,
impositions and other charges imposed on the Issuer or the Servicer in respect of any portion of the
Project; the Issuer or Servicer will endeavor to give prompt notice to the Borrower of any such lien,
charge, tax, assessment, imposition, or other charge but failure to give cush notice shall not r educe or
negate in any way Borrower’s obligations under this Section 9;
(iv) any violation of the Loan Agreement or any environmental law, rule or
regulation with respect to, or the release of any toxic substance from, the Project or any part thereof;
(v) the defeasance and/or prepayment, in whole or in part, of the Funding
Loan or the Loan;
(vi) any untrue statement or misleading statement or alleged untrue
statement or alleged misleading statement of a material fact contained in any offering statement or
disclosure document for the Funding Loan or any of the documents relating to the Funding Loan, or
any omission or alleged omission from any offering statement or disclosure document for the Funding
Loan of any material fact necessary to be stated therein in order to mak e the statements made therein,
in the light of the circumstances under which they were made, not misleading; or
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(vii) any declaration of taxability of interest on the Tax-Exempt Bonds, or
allegations (or regulatory inquiry) that interest on the Tax-Exempt Bonds is taxable for federal tax
purposes;
except to the extent such damages are caused by the willful misconduct of such Indemnified Party. In
the event that any action or proceeding is brought against any Indemnified Party with respect to which
indemnity may be sought hereunder, the Borrower, upon written notice from the Indemnified Party,
shall assume the investigation and defense thereof, including the employment of counsel selected by
the Indemnified Party, and shall assume the payment of all expenses relat ed thereto, with full power to
litigate, compromise or settle the same in its sole discretion; provided that the Indemnified Party shall
have the right to review and approve or disapprove any such compromise or settlement. Each
Indemnified Party shall have the right to employ separate counsel in any such action or proceeding and
participate in the investigation and defense thereof, and the Borrower shall pay the reasonable fees and
expenses of such separate counsel; provided, however, that such Indemnified Party may only employ
separate counsel at the expense of the Borrower if in the judgment of such Indemnified Party a conflict
of interest exists by reason of common representation or if all parties commonly represented do not
agree as to the action (or inaction) of counsel.
In addition thereto, the Borrower will pay upon demand all of the fees and expenses paid or
incurred by the Issuer in enforcing the provisions hereof.
The provisions of this Section 9 shall survive the final payment or defeasance of the Bonds and
the Loan, and the termination of this Regulatory Agreement.
Nothing contained in this Section 9 shall cause the obligation of the Borrower to pay principal
and interest on the Loan to be a recourse obligation of the Borrower.
The obligations of the Borrower under this Section are independent of any other contractual
obligation of the Borrower to provide indemnity to the Indemnified Parties, and the obligation of the
Borrower to provide indemnity hereunder shall not be interpreted, construed or li mited in light of any
other separate indemnification obligation of the Borrower. The Indemnified Party shall be entitled
simultaneously to seek indemnity under this Section and any other provision under which it is entitled
to indemnity.
Section 10. Consideration. The Issuer has agreed to incur the Funding Loan to provide
funds to lend to the Borrower to finance the Project, all for the purpose, among others, of inducing the
Borrower to construct and operate the Project. In consideration of the issuance of the Bonds by the
Issuer, the Borrower has entered into this Regulatory Agreement and has agreed to restrict the uses to
which this Project can be put on the terms and conditions set forth herein.
Section 11. Reliance. The Issuer and the Borrower hereby recognize and agree that the
representations and covenants set forth herein may be relied upon by all persons interested in the
legality and validity of the Bonds, in the exemption from California personal income taxation of
interest on the Bonds and in the Tax-Exempt status of the interest on the Tax-Exempt Bonds. In
performing their duties and obligations hereunder, the Issuer and the Administrator may rely upon
statements and certificates of the Low Income Tenants, and upon audits of the books and records of
the Borrower pertaining to the Project. In addition, the Issuer may consult with counsel, and the
opinion of such counsel shall be full and complete authorization and protection in respect of any action
taken or suffered by the Issuer hereunder in good faith and in conformity with such opinion. In
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determining whether any default or lack of compliance by the Borrower exists under this Regulatory
Agreement, the Issuer shall not be required to conduct any investigation into or review of the operations
or records of the Borrower and may rely solely on any written notice or certificate delivered to the
Issuer by the Borrower with respect to the occurrence or absence of a default.
Section 12. Transfer of the Project. During the entire Compliance Period, the Borrower
shall not Transfer the Project, in whole or in part, without the prior written consent of the Issuer, which
consent shall not be unreasonably withheld or delayed, if the following conditions are satisfied: (A)
the receipt by the Issuer of evidence acceptable to the Issuer that (1) the Borrower shall not be in default
hereunder or under any of the other Loan Documents in effect, or the transferee undertakes to cure any
defaults of the Borrower to the reasonable satisfaction of the Issuer; (2) the continued operation of the
Project shall comply with the provisions of this Regulatory Agreement; (3) either (a) the transferee or
its Manager has at least three years’ experience in the ownership, operation and management of similar
size rental housing projects, and at least one year’s experience in the ownership, operation and
management of rental housing projects containing below-market-rate units, without any record of
material violations of discrimination restrictions or other state or federal laws or regulations or local
governmental requirements applicable to such projects, or (b) the transferee agrees to retain a Manager
with the experience and record described in subclause (a) above, or (c) the transferring Borrower or its
management company will continue to manage the Project, or another management company
reasonably acceptable to the Issuer will manage, for at least one year following such Transfer and, if
applicable, during such period the transferring Borrower or its management company will provide
training to the transferee and its manager in the responsibilities relating to the Low Income Units; and
(4) the person or entity that is to acquire the Project does not have pending against it, and does not have
a history of significant and material building code violations or comp laints concerning the
maintenance, upkeep, operation, and regulatory agreement compliance of any of its projects as
identified by any local, state or federal regulatory agencies; (B) the execution by the transferee of a
document reasonably acceptable to the Issuer with respect to the assumption of the Borrower’s
obligations under this Regulatory Agreement and the other Loan Documents in effect, including
without limitation an instrument of assumption hereof and thereof, and delivery to the Issuer of an
opinion of such transferee’s counsel to the effect that each such document and this Regulatory
Agreement are valid, binding and enforceable obligations of such transferee, subject to bankruptcy and
other affecting creditor’s rights; (C) receipt by the Issuer of an opinion of Tax Counsel (with a copy to
Servicer and Majority Owner) to the effect that any such Transfer will not adversely affect the Tax -
Exempt status of interest on the Tax-Exempt Bonds; (D) receipt by the Issuer of all fees and/or
expenses then currently due and payable to the Issuer by the Borrower under any of the Loan
Documents; and (E) receipt by the Issuer of evidence of satisfaction of compliance with the provisions
of Section 29(d)(i) related to notice to CDLAC of transfer of the Project.
It is hereby expressly stipulated and agreed that any Transfer of the Project in violation of this
Section 12 shall be null, void and without effect, shall cause a reversion of title to the Borrower, and
shall be ineffective to relieve the Borrower of its obligations under this Regulatory Agreement. The
written consent of the Issuer to any Transfer of the Project shall constitute conclusive evidence that the
Transfer is not in violation of this Section 12. Nothing in this Section shall affect any provision of any
other document or instrument between the Borrower and any other party which requires the Borrower
to satisfy certain conditions or obtain the prior written consent of such other party in order to Transfer
the Project. Upon any Transfer that complies with this Regulatory Agreement, the Borrower shall be
fully released from its obligations hereunder, but only to the extent such obligations have been fully
assumed in writing by the transferee of the Project.
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The foregoing notwithstanding, the Project may be transferred pursuant to a foreclosure,
exercise of power of sale or deed in lieu of foreclosure or comparable conversion under any deed of
trust without the consent of the Issuer or compliance with the provisions of this Section 12. The Issuer
hereby approves the transfer of limited partnership interests in the Borrower to affiliates of the investor
limited partner of the Borrower, including, without limitation, the transfer of membership interests in
the Borrower from the investor limited partner and non-managing membership interests in the limited
partner of Borrower.
During the entire Compliance Period, the Borrower shall not: (1) encumber any of the Project
or grant commercial leases of any part thereof, or permit the conveyance, transfer or encumbrance of
any part of the Project, except for (A) encumbrances permitted under the [Continuing Covenant
Agreement] and the Loan Agreement, or (B) a Transfer in accordance with the terms of this Regulatory
Agreement, in each case upon receipt by the Issuer of an opinion of Tax Counsel (with a copy to
Servicer and Majority Owner) to the effect that such action will not adversely affect the Tax -Exempt
status of interest on the Tax-Exempt Bonds (provided that such opinion will not be required with
respect to any encumbrance, lease or transfer relating to a commercial operation or ancillary facility
that will be available for tenant use and is customary to the operation of multifamily housing
developments similar to the Project); (2) demolish any part of the Project or substantially subtract from
any real or personal property of the Project, except to the extent that what is demolished or removed is
replaced with comparable property or such demolition or removal is otherwise perm itted by the Loan
Agreement; or (3) permit the use of the dwelling accommodations of the Project for any purpose except
rental residences.
Section 13. Term. This Regulatory Agreement and all and several of the terms hereof shall
become effective upon its execution and delivery, and shall remain in full force and effect for the period
provided herein and shall terminate as to any provision not otherwise provided with a specific
termination date and shall terminate in its entirety at the end of the Compliance Period, it being
expressly agreed and understood that the provisions hereof are intended to survive the repayment of
the Bonds and of the Loan and the termination of the Loan Agreement.
The terms of this Regulatory Agreement to the contrary notwithstanding, the requ irements of
this Regulatory Agreement shall terminate and be of no further force and effect in the event of
involuntary noncompliance with the provisions of this Regulatory Agreement caused by fire or other
casualty, seizure, requisition, foreclosure or transfer of title by deed in lieu of foreclosure, change in a
federal law or an action of a federal agency after the Closing Date, which prevents the Issuer from
enforcing such provisions, or condemnation or a similar event, but only if, within a reasonable period,
either (a) the Funding Loan is fully repaid, fully cancelled or fully forgiven, or (b) amounts received
as a consequence of such event are used to provide a project that meets the requirements hereof;
provided, however, that the preceding provisions of this sentence shall cease to apply and the
restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such
provisions as the result of the foreclosure or the delivery of a deed in lieu of foreclosure or a simila r
event, the Borrower or any related person (within the meaning of Section 1.103 -10(e) of the Treasury
Regulations) obtains an ownership interest in the Project for federal income tax purposes. The
Borrower hereby agrees that, following any foreclosure, transfer of title by deed in lieu of foreclosure
or similar event, neither the Borrower nor any such related person as described above will obtain an
ownership interest in the Project for federal tax purposes.
Notwithstanding any other provision of this Regulatory Agreement, this Regulatory Agreement
may be terminated upon agreement by the Issuer and the Borrower, with the consent of CDLAC, upon
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receipt by the Issuer of an opinion of Tax Counsel to the effect that such termination will not adversely
affect the exclusion from gross income of interest on the Bonds for federal income tax purposes and is
otherwise permitted under the Act. Upon the termination of the terms of this Regulatory Agreement,
the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge
of the terms hereof; provided, however, that the execution and delivery of such instruments shall not
be necessary or a prerequisite to the termination of this Regulatory Agreement in accordance with its
terms.
Section 14. Covenants to Run With the Land. Notwithstanding Section 1461 of the
California Civil Code, the Borrower hereby subjects the Project to the covenants, reservations and
restrictions set forth in this Regulatory Agreement. The Issuer and the Borrower hereby declare their
express intent that the covenants, reservations and restrictions set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Borrower’s successors in
title to the Project; provided, however, that on the termination of this Regulatory Agreement said
covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument
hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held
to have been executed, delivered and accepted subject to such covenants, reservations and restrictions,
regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed
or other instruments.
Section 15. Burden and Benefit. The Issuer and the Borrower hereby declare their
understanding and intent that the burdens of the covenants set forth herein touch and concern the land
in that the Borrower’s legal interest in the Project is rendered less valuable thereby. The Issuer and the
Borrower hereby further declare their understanding and intent that the benefits of such covenants
touch and concern the land by enhancing and increasing the enjoyment and use of the Project by Low
Income Tenants, the intended beneficiaries of suc h covenants, reservations and restrictions, and by
furthering the public purposes for which the Bonds was issued.
Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions
hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan for
the use of the site on which the Project is located.
Section 17. Default; Enforcement. If the Borrower defaults in the performance or
observance of any covenant, agreement or obligation of the Borrower set forth in this Regulatory
Agreement, and if such default remains uncured for a period of 60 days after notice thereof shall have
been given by the Issuer to the Borrower (with a copy to Servicer and Majority Owner), or for a period
of 60 days from the date the Borrower should, with reasonable diligence, have discovered such default,
then the Issuer may declare an “Event of Default” to have occurred hereunder; provided, however, that
if the default is of such a nature that it cannot be corrected within 60 days, such default shall not
constitute an Event of Default hereunder so long as (i) the Borrower institutes corrective action within
said 60 days and diligently pursues such action until the default is corrected, and (ii) in the opinion of
Tax Counsel, the failure to cure said default within 60 days will not adversely affect the Tax -Exempt
status of interest on the Bonds. The Issuer shall have the right to enforce the obligations of the
Borrower under this Regulatory Agreement within shorter periods of time than are otherwise provided
herein if necessary to insure compliance with the Act or the Code.
Following the declaration of an Event of Default hereunder, the Issuer may at its option and
subject to the provisions of the Indenture, take any one or more of the following steps, in add ition to
all other remedies provided by law or equity:
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(i) by mandamus or other suit, action or proceeding at law or in equity,
including injunctive relief, require the Borrower to perform its obligations and covenants hereunder or
enjoin any acts or things that may be unlawful or in violation of the rights of the Issuer hereunder;
(ii) have access to and inspect, examine and make copies of all of the books
and records of the Borrower pertaining to the Project;
(iii) take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of the Borrower hereunder; and
(iv) order and direct the Borrower in writing to terminate the Manager and
to select a replacement Manager meeting the requirements hereof within 60 days of such written
direction, and to notify the Issuer in writing of the identity of the replacement Manager and certify that
such replacement Manager satisfies the requirements hereof.
The Borrower hereby agrees that specific enforcement of the Borrower’s agreements contained
herein is the only means by which the Issuer may fully obtain the benefits of this Regulatory Agreement
made by the Borrower herein, and the Borrower therefore agrees to the imposition of the remedy of
specific performance against it in the case of any Event of Default by the Borrower here under.
It is acknowledged and agreed by the Borrower and the Issuer that one of the primary purposes
of this Regulatory Agreement is to preserve the exclusion from gross income for federal income tax
purposes of interest on the Tax-Exempt Bonds. The Trustee and the Servicer are hereby declared
intended third party beneficiaries of this Regulatory Agreement and shall be entitled to enforce the
provisions hereof in the event of any default hereunder.
The Issuer hereby agrees that cure of any Event of Default made or tendered by any partner of
the Borrower shall be deemed to be a cure by the Borrower and shall be accepted or rejected on the
same basis as if made or tendered by the Borrower.
Section 18. [intentionally omitted].
Section 19. Recording and Filing.
(a) The Borrower shall cause this Regulatory Agreement and all amendments and
supplements hereto and thereto, to be recorded and filed in the real property records of the County, and
in such other places as the Issuer may reasonably request. The Borrower shall pay all fees and charges
incurred in connection with any such recording.
(b) The Borrower and the Issuer will file of record such other documents and take such
other steps as are reasonably necessary, in the opinion of Tax Counsel, in order to insure that the
requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the
Project.
(c) The Borrower hereby covenants to include or reference the requirements and
restrictions contained in this Regulatory Agreement in any documents transferring any interes t in the
Project to another person to the end that such transferee has notice of, and is bound by, such restrictions,
and, except in the case of a foreclosure or comparable involuntary conversion of the Security
Instrument), whereby the Trustee becomes the owner of the Project, to obtain the agreement from any
transferee to abide by all requirements and restrictions of this Regulatory Agreement.
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Section 20. Payment of Fees. Notwithstanding any prepayment of the Loan and discharge
of the Loan Agreement, the Borrower shall continue to pay (or, to the extent allowed under the Code,
shall prepay the present value at such time of) the fees of the Issuer as provided in this Section 20,
unless such prepayment is made in connection with a refunding of the Bonds.
The Borrower agrees to pay to the Issuer (i) the Issuer Issuance Fee, which shall be paid on or
before the Closing Date, (ii) the Issuer Annual Fee, which shall be payable commencing on the Closing
Date and annually on each November 1 thereafter, and continuing throughout the Compliance Period,
and (iii) within 30 days after receipt of request for payment thereof, all reasonable out -of-pocket
expenses of the Issuer (not including salaries and wages of Issuer employees) related to the Bonds, the
Loan, the other Financing Documents and the Project and the financing thereof, including, without
limitation, legal fees and expenses incurred in connection with the interpretation, performance,
enforcement or amendment of any documents relating to the Project, the Bonds, the Loan or any of the
other Financing Documents.
In the event that the Qualified Project Period terminates prior to the termination of the
Compliance Period (other than by reason of the issuance of refunding bonds), and provided that the
conditions of this Section are satisfied, the Borrower shall thereafter and for the remainder of the
Compliance Period pay to the Issuer annually in advance an amount equal to $5,000.00.
Notwithstanding the foregoing, any foreclosing lender, its successors, assigns, no minees or a third
party purchaser at foreclosure shall not be obligated under this Section following a foreclosure or deed
in lieu of foreclosure; provided, however, that the preceding provisions of this sentence shall cease to
apply and the requirements contained in this Section shall be reinstated if, at any time subsequent to
the termination of the provisions of this Section as the result of the foreclosure or the delivery of a deed
in lieu of foreclosure or a similar event, the Borrower or any related person (within the meaning of
Section 1.103-10(e) of the Treasury Regulations) obtains an ownership interest in the Project for
federal income tax purposes. The full Issuer Annual Fee shall continue to be payable unless and until
the Issuer has confirmed receipt of all amounts then due and payable in arrears by the Borrower to the
Issuer in connection with the Loan, at which point the Issuer Annual Fee shall become effective.
If the Borrower fails to make payment of the Issuer Annual Fee for a period of two consecutive
years or more, the Issuer may, in its sole discretion, declare the total amount of the Issuer Annual Fee
through the end of the Compliance Period immediately due and payable, such amount to be discounted
at a rate equal to the then current market rate for U.S. Treasury obligations of a maturity equal to the
remaining term of the Compliance Period.
Section 21. Governing Law; Venue. This Regulatory Agreement shall be construed in
accordance with and governed by the laws of the State applicable to contracts m ade and performed in
the State. This Regulatory Agreement shall be enforceable in the State, and any action arising
hereunder shall (unless waived by the Issuer in writing) be filed and maintained in the Superior Court
of California, County of Contra Costa.
Section 22. Amendments; Waivers. (a) Except as provided in Section 8(a) and 29(e)
hereof, this Regulatory Agreement may be amended only by a written instrument executed by the
parties hereto or their successors in title, and duly recorded in the real property records of the County,
and only upon receipt by the Issuer of an opinion from Tax Counsel (with a copy to Servicer and
Majority Owner) that such amendment will not adversely affect the Tax -Exempt status of interest on
the Tax-Exempt Bonds and is not contrary to the provisions of the Act.
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(a) Anything to the contrary contained herein notwithstanding, the Issuer and the Borrower
hereby agree to amend this Regulatory Agreement to the extent required, in the opinion of Tax Counsel,
in order that interest on the Tax-Exempt Bonds remains Tax-Exempt. The party requesting such
amendment shall notify the other party to this Regulatory Agreement of the proposed amendment, with
a copy of such proposed amendment to Tax Counsel and a request that Tax Counsel render to the Issuer
an opinion as to the effect of such proposed amendment upon the Tax-Exempt status of interest on the
Tax-Exempt Bonds. This provision shall not be subject to any provision of any other agreement
requiring any party hereto to obtain the consent of any other person in order to amend this Regulatory
Agreement.
(b) Any waiver of, or consent to, any condition under this Regulatory Agreement must be
expressly made in writing.
Section 23. Notices. Any notice required to be given hereunder shall be made i n writing
and shall be given by personal delivery, overnight delivery, certified or registered mail, postage
prepaid, return receipt requested, or by telecopy, in each case at the applicable Notice Address specified
in the Indenture, or at such other addresses as may be specified in writing by the parties hereto. Unless
otherwise specified by the Administrator, the address of the Administrator is the same as the address
of the Issuer.
Unless otherwise specified by CDLAC, the address of CDLAC is:
California Debt Limit Allocation Committee
915 Capitol Mall, Room 311
Sacramento, CA 95814
Attention: Executive Director
The Issuer, the Administrator, CDLAC and the Borrower may, by notice given hereunder,
designate any further or different addresses to which subsequent notices, certificates or other
communications shall be sent. Notice shall be deemed given on the date evidenced by the postal or
courier receipt or other written evidence of delivery or electronic transmission; provided that any
telecopy or other electronic transmission received by any party after 4:00 p.m., local time of the
receiving party, as evidenced by the time shown on such transmission, shall be deemed to have been
received the following Business Day.
A copy of each notice of default provided to the Borrower hereunder shall also be provided to
the investor limited partner of the Borrower at the Notice Address set forth in the Indenture.
The Borrower shall notify the Issuer and the Administrator in writing of any change to the
name of the Project or any change of name or address for the Borrower or the Manager. The Borrower
shall further notify CDLAC in writing of any event provided in Section 29(d) hereof.
Section 24. Severability. If any provision of this Regulatory Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall
not in any way be affected or impaired thereby.
Section 25. Multiple Counterparts. This Regulatory Agreement may be executed in
multiple counterparts, all of which shall constitute one and the same instrument, and each of which
shall be deemed to be an original.
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Section 26. Limitation on Liability. Notwithstanding the foregoing or any other provision
or obligation to the contrary contained in this Regulatory Agreement, (i) th e liability of the Borrower
under this Regulatory Agreement to any person or entity, including, but not limited to, the Issuer and
its successors and assigns, is limited to the Borrower’s interest in the Project and the amounts held in
the funds and accounts created under the Indenture or the Loan Agreement, or any rights of the
Borrower under any guarantees relating to the Project, and such persons and entities shall look
exclusively thereto, or to such other security as may from time to time be given for the payment of
obligations arising out of this Regulatory Agreement or any other agreement securing the obligations
of the Borrower under this Regulatory Agreement; and (ii) from and after the date of this Regulatory
Agreement, no deficiency or other personal judgment, nor any order or decree of specific performance
(other than pertaining to this Regulatory Agreement, any agreement pertaining to any Project or any
other agreement securing the Borrower’s obligations under this Regulatory Agreement), shall be
rendered against the Borrower, the assets of the Borrower (other than the Borrower’s interest in the
Project, this Regulatory Agreement, amounts held in the funds and accounts created under the Loan
Agreement and the other Loan Documents, any rights of the Borrower under the Loan Agreement and
the other Loan Documents or any other documents relating to the Loan or any rights of the Borrower
under any guarantees relating to the Project), its partners, successors, transferees or assigns and each
of their respective officers, directors, employees, partners, agents, heirs and personal representatives,
as the case may be, in any action or proceeding arising out of this Regulatory Agreement, the Loan
Agreement and the other Loan Documents or any agreement securing the obligations of the Borrower
under this Regulatory Agreement, or any judgment, order or decree rendered pursuant to any such
action or proceeding, except to the extent provided in the Loan Agreement.
Section 27. Third-Party Beneficiaries. The Administrator, the Trustee, the Servicer, and
CDLAC are intended to be and shall each be a third-party beneficiary of this Regulatory Agreement.
The Administrator shall have the right (but not the obligation) to enforce, separately or jointly with the
Issuer, the terms of this Regulatory Agreement and to pursue an action for specific performance or
other available remedy at law or in equity in accordance with Section 17 hereof. CDLAC shall have
the right (but not the obligation) to enforce the CDLAC Conditions and to pursue an action for specific
performance or other available remedy at law or in equity in accordance with Section 17 hereof,
provided that any such action or remedy shall not materially adversely affect the interests and rights of
the owner(s) of the Bonds. Pursuant to Section 52080(k) of the Act, the requirements of Section 6 may
be enforced either in law or in equity by any resident, local agency, entity, or by any other person
adversely affected by the Borrower’s failure to comply with the requirements of that Section.
Section 28. Property Management. The Borrower agrees that at all times the Project shall
be managed by a property manager (i) approved by the Issuer in its reasonable discretion and (ii) who
has at least three years’ experience in the ownership, operation and management of similar size rental
housing projects, and at least one year’s experience in the ownership, operation and management of
rental housing projects containing below-market-rate units, without any record of material violations
of discrimination restrictions or other state or federal laws or regulations or local governmental
requirements applicable to such projects (the “Manager”). The Borrower shall submit to the Issuer
from time to time such information about the background, experience and financial condition of any
existing or proposed Manager as the Issuer may reasonably require to determine whether such Manager
meets the requirements for a Manager set forth herein. The Issuer reserves the right to conduct periodic
reviews of the management practices and of the Manager to determine if the Project is being operated
and managed in accordance with the requirements and standards of this Agreement. The Borrower
agrees to cooperate with the Issuer in such reviews.
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If the Issuer determines in its reasonable judgment that the Project is not being operated and
managed in accordance with one or more of the material requirements or standards of this Regulatory
Agreement, the Issuer may, subject to any applicable provisions of the Loan Agreement, deliver notice
to the Borrower (with a copy to the Servicer) requesting replacement of the Manager, which notice
shall state clearly the reasons for such request. The Borrower agrees that, upon receipt of such notice,
it shall within 60 days submit to the Issuer a proposal to engage a new Manager meeting the
requirements of this Section 28. The Issuer shall respond within 30 days to such proposal or such
approval shall be deemed given. Upon receipt of such consent or deemed consent, the Borrower shall
within 60 days terminate the existing Manager’s engagement and engage the new Manager. If such
proposal is denied by the Issuer, the Borrower agrees that upon receipt of notice of such denial, it shall
within 60 days submit to the Issuer, a proposal to engage another new Manager meeting the
requirements of this Section 28, subject to the Issuer’s consent pursuant to the terms hereof.
Section 29. Requirements of CDLAC. In addition to other requirements set forth herein
and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the
Borrower hereby agrees to comply with each of the requirements of CDLAC set forth in this Section
29, as follows:
(a) The Borrower shall comply with the CDLAC Resolution attached hereto as Exhibit E
and the CDLAC Conditions set forth in Exhibit A thereto (collectively, the “CDLAC Conditions”),
which conditions are incorporated herein by reference and made a part hereof.
The CDLAC Conditions include those referred to in Section 7 of the CDLAC Conditions
relating to “AMI” as used therein, tenant’s incomes and unit occupancy assumptions. The Borrower
will prepare and submit to the Issuer, not later than February 1 of each year, until the Project is
completed, and on February 1 every three years thereafter until the end of the Compliance Period, a
Certificate of Compliance II for Qualified Residential Rental Projects, in substantially the form
required or otherwise provided by CDLAC from time to time, executed by an authorized representative
of the Borrower. The Certificate of Compliance II for Qualified Residential Rental Projects shall be
prepared pursuant to the terms of the CDLAC Conditions. Additionally, the Borrower will prepare
and submit to the Issuer, a Certificate of Completion, in substantially the form required or otherwise
provided by CDLAC from time to time, executed by an authorized representative of the Borrower
certifying among other things to the substantial completion of the construction of the Project.
Following the submission of the Certificate of Completion, the Borrower will prepare and submit to
the Issuer, not later than February 1 every three years thereafter until the end of the Compliance Period,
a California Tax Credit Allocation Committee Project Status Report or equivalent documentation in
substantially the form required or otherwise provided by CDLAC from time to time. Compliance with
the terms of the CDLAC Conditions not contained within this Regulatory Agreement, but referred to
in the CDLAC Conditions are the responsibility of the Borrower to report to the Issuer.
(b) The Borrower acknowledges that the Issuer and the Administrator will monitor or
cause to be monitored the Borrower’s compliance with the terms of the CDLAC Condition s. The
Borrower acknowledges that the Issuer will prepare and submit to CDLAC, not later than March 1 of
each year until the construction of the Project is completed, and on March 1 of every three years
thereafter until the end of the Compliance Period, a Self-Certification Certificate in the form provided
by CDLAC. The Borrower will cooperate fully with the Issuer in connection with such monitoring
and reporting requirements.
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(c) Except as otherwise provided in Section 13 of this Regulatory Agreement, this
Regulatory Agreement shall terminate on the date 55 years after (i) the date on which at least fifty
percent (50%) of the units in the Project are first occupied, or (ii) the date on which the Project is
otherwise placed in service.
(d) The Borrower shall notify CDLAC in writing of: (i) any change in ownership of the
Project, (ii) any change in the Issuer, (iii) any change in the name of the Project or the Manager; (iv)
any material default under the Indenture, the Loan Agreement or this Regulatory Agreement, including,
but not limited to, such defaults associated with the Tax-Exempt status of the Tax-Exempt Bonds, and
the income and rental requirements as provided in Sections 4 and 6 hereof and the CDLAC Conditions;
or (v) termination of this Regulatory Agreement.
(e) CDLAC shall have the right, but not the obligation, to deliver revised CDLAC
Conditions to the Borrower after the Closing Date at any time that are not more restrictive than the
original CDLAC conditions; provided however, that: (i) any changes in the terms and conditions of
the CDLAC Conditions prior to the recordation against the Project in the real property records of the
County of a regulatory agreement between the Borrower and the California Tax Credit Allocation
Committee (“TCAC Regulatory Agreement”) shall be limited to such changes as are necessary to
correct any factual errors or to otherwise conform the CDLAC Conditions to any change in facts or
circumstances applicable to the Borrower or the Project; and (ii) after recordation of the TCAC
Regulatory Agreement, any changes in the terms and conditions of the CDLAC Conditions shall be
limited to such changes as are necessary to conform Items 1, 6, 7, 10, 11, 12, 14, 15, 16, 18, 19, 20,
21, 22, 23, 24, 25, 26 and 37 of the CDLAC Conditions to any change in terms and conditions requested
by Borrower and approved by CDLAC. The Issuer may, in its sole and absolute discretion, require that
the Borrower enter into an amendment to this Regulatory Agreement reflecting the revised CDLAC
Conditions, which amendment shall be executed by the parties hereto or their successor in title and
duly recorded in the real property records of the County. The Borrower shall pay any costs and
expenses in connection therewith and provide CDLAC with a copy of that recorded am endment
reflecting the revised CDLAC Conditions.
Any of the foregoing requirements of the CDLAC contained in this Section 29 may be
expressly waived by CDLAC, in its sole discretion, in writing, but (i) no waiver by CDLAC of any
requirement of this Section 29 shall, or shall be deemed to, extend to or affect any other provision of
this Regulatory Agreement except to the extent the Issuer has received an opinion of Tax Counsel that
any such provision is not required by the Act or the Code and may be waived without adversely
affecting the exclusion from gross income of interest on the Bonds for federal income tax purposes;
and (ii) any requirement of this Section 29 shall be void and of no force and effect if the Issuer and the
Borrower receive a written opinion of Tax Counsel to the effect that compliance with any such
requirement would cause interest on the Bonds to cease to be Tax-Exempt or to the effect that
compliance with such requirement would be in conflict with the Act, the Code or any other State or
federal law.
Section 30. Limited Liability of Issuer. All obligations of the Issuer under this
Regulatory Agreement are limited obligations, payable solely and only from Loan proceeds and other
amounts derived by the Issuer from the Loan or otherwise under the Loan Agreement.
Section 31. Conflict With Other Affordability Agreements. Notwithstanding any
provision in this Regulatory Agreement to the contrary, in the event of any conflict between the
provisions of this Regulatory Agreement and any other agreement that imposes afford ability
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4930-9998-4488v3/200936-0007
requirements on the Project, including those referenced in Section 3(e) hereof, the provisions providing
for the most affordable units, with the most affordability, in the Project shall prevail, so long as at all
times the requirements of Section 2, 3, 4, 6, 7 and 29 of this Regulatory Agreement are in any event
satisfied. Notwithstanding the foregoing, a breach or default under any agreement referenced in
Section 3(e) hereof shall not, in itself, constitute a breach or a default under this Regulat ory Agreement.
Section 32. Annual Reporting Covenant. No later than January 31 of each calendar year
(commencing January 31, 2026), the Borrower, on behalf of the Issuer, agrees to provide to the
California Debt and Investment Advisory Commission, by any method approved by the California
Debt and Investment Advisory Commission, with a copy to the Issuer, the annual report information
required by section 8855(k)(1) of the California Government Code with respect to the Bonds. This
covenant shall remain in effect until the later of the date (a) the Tax-Exempt Bonds are no longer
outstanding or (b) the proceeds of the Tax-Exempt Bonds have been fully spent.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
S-1
[Issuer Signature page to Regulatory Agreement and Declaration of
Restrictive Covenants – El Cerrito Plaza – Parcel A South]
4930-9998-4488v3/200936-0007
IN WITNESS WHEREOF, the Issuer and the Borrower have executed this Regulatory
Agreement by duly authorized representatives, all as of the date first above written.
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
John Kopchik, Director
Department of Conservation and Development
S-2
[Issuer Signature page to Regulatory Agreement and Declaration of
Restrictive Covenants – El Cerrito Plaza – Parcel A South]
4930-9998-4488v3/200936-0007
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
Its Administrative General Partner
By:
Name: Ann Silverberg
Its: President and Secretary
El Cerrito Plaza MGP, LLC,
a California limited liability company,
Its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:
Name: Vasilios Salamandrakis
Its: President
4930-9998-4488v3/200936-0007
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumen t the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal!
SIGNATURE OF NOTARY PUBLIC
4930-9998-4488v3/200936-0007
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF _________________________ )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
4930-9998-4488v3/200936-0007
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF _________________________ )
On ___________________ before me, ____________________________________, Notary Public,
personally appeared _____________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
A-1
4930-9998-4488v3/200936-0007
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
[TO COME]
B-1
4930-9998-4488v3/200936-0007
EXHIBIT B
FORM OF INCOME CERTIFICATION
TENANT INCOME CERTIFICATION
Initial Certification 1st Recertification Other:
Effective Date:
Move-in Date:
(YYYY-MM-DD)
PART I - DEVELOPMENT DATA
Property Name: El Cerrito Plaza – Parcel A South County: BIN #:
Address: 515 Richmond Street, El Cerrito, California Unit Number: # Bedrooms:
PART II. HOUSEHOLD COMPOSITION
Vacant
HH
Mbr #
Last Name
First Name
Middle
Initial
Relationship to Head
of Household
Date of Birth
(YYYY/MM//DD)
F/T Student
(Y or N)
Last 4 digits of
Social Security #
1 HEAD
2
3
4
5
6
7
PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH
Mbr #
(A)
Employment or Wages
(B)
Soc. Security/Pensions
(C)
Public Assistance
(D)
Other Income
TOTALS $ $ $ $
Add totals from (A) through (D), above TOTAL INCOME (E): $
PART IV. INCOME FROM ASSETS
Hshld
Mbr #
(F)
Type of Asset
(G)
C/I
(H)
Cash Value of Asset
(I)
Annual Income from Asset
TOTALS: $ $
Enter Column (H) Total Passbook Rate
If over $5000 $ X 2.00% = (J) Imputed Income $
Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $
(L) Total Annual Household Income from all Sources [Add (E) + (K)] $
Effective Date of Move-in Income Certification:
Household Size at Move-in Certification:
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4930-9998-4488v3/200936-0007
HOUSEHOLD CERTIFICATION & SIGNATURES
The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable
verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the hous ehold moving out of the
unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full time student.
Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the bes t of my/our knowledge and
belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete
information may result in the termination of the lease agreement.
Signature (Date) Signature (Date)
Signature (Date) Signature (Date)
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PART V. DETERMINATION OF INCOME ELIGIBILITY
RECERTIFICATION ONLY:
TOTAL ANNUAL HOUSEHOLD
INCOME FROM ALL SOURCES:
From item (L) on page 1
$
Unit Meets Income
Restriction at:
60% 50%
Current Income Limit x 140%:
$
Current Income Limit per Family Size:
$
40% 30%
%
Household Income exceeds 140% at
recertification:
Yes No
Household Income at Move-in: $ Household Size at Move-in:
PART VI. RENT
Tenant Paid Rent
$
Rent Assistance: $
Utility Allowance $ Other non-optional charges: $
GROSS RENT FOR UNIT:
(Tenant paid rent plus Utility Allowance &
other non-optional charges)
$
Unit Meets Rent Restriction at:
60% 50% 40% 30% %
Maximum Rent Limit for this unit:
$
PART VII. STUDENT STATUS
*Student Explanation:
ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance
(also attach documentation) 2 Job Training Program
yes no 3 Single Parent/Dependent Child
4 Married/Joint Return
Enter 1-5 5 Former Foster Care
PART VIII. PROGRAM TYPE
Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupa ncy requirements.
Under each program marked, indicate the household’s income status as established by this certification/recertification.
a. Tax Credit
See Part V above.
b. HOME
Income Status
50% AMGI
60% AMGI
80% AMGI
OI**
c. Tax Exempt
Income Status
50% AMGI
60% AMGI
80% AMGI
OI**
d. AHDP
Income Status
50% AMGI
80% AMGI
OI**
e.
(Name of Program)
Income Status
__________
__________
OI**
** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above.
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SIGNATURE OF OWNER/REPRESENTATIVE
Based on the representations herein and upon the proof and documentation required to be submitted, the individual(s) named in Part II of this Tenant
Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction
Agreement (if applicable), to live in a unit in this Project.
SIGNATURE OF OWNER/REPRESENTATIVE DATE
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INSTRUCTIONS FOR COMPLETING
TENANT INCOME CERTIFICATION
This form is to be completed by the owner or an authorized representative.
Part I - Project Data
Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the
recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification).
*Move-in Date Enter the date the tenant has or will take occupancy of the unit. (YYYY-MM-DD)
*Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For
annual recertification, this effective date should be no later than one year from the effective
date of the previous (re)certification. (YYYY-MM-DD)
Property Name Enter the name of the development.
County Enter the county (or equivalent) in which the building is located.
BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form
8609).
Address Enter the address of the building.
Unit Number Enter the unit number.
# Bedrooms
*Vacant Unit
Enter the number of bedrooms in the unit.
Check if unit was vacant on December 31 of requesting year.
Part II - Household Composition
List all occupants of the unit. State each household member’s relationship to the head of household by using one of the following coded definitions:
H - Head of Household S - Spouse
A - Adult co-tenant O - Other family member
C - Child F - Foster child(ren)/adult(s)
L - Live-in caretaker N - None of the above
Enter the date of birth, student status, and last four digits of social security number or alien registration number for each occupant. If tenant
does not have a Social Security Number (SSN) or alien registration number, please enter the numerical birth mo nth and last two digits of
birth year (e.g. birthday January 1, 1970, enter “0170”). If tenant has no SSN number or date of birth, please enter the last 4 digits of the
BIN.
If there are more than 7 occupants, use an additional sheet of paper to list the r emaining household members and attach it to the certification.
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Part III - Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verifica tion.
From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the twelve months
from the effective date of the (re)certification. Complete a separate line for each income -earning member. List each respective household member
number from Part II. Include anticipated income only if documentation exists verifying pending employment. If any adult state s zero-income, please
note “zero” in the columns of Part III.
Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment;
distributed profits and/or net income from a business.
Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc.
Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability,
etc.).
Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly
received by the household.
Row (E) Add the totals from columns (A) through (D), above. Enter this amount.
Part IV - Income from Assets
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of
verification.
From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received dur ing the twelve months from
the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member.
Column (F) List the type of asset (i.e., checking account, savings account, etc.)
Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed
of the asset for less than fair market value within two years of the effective date of (re)certification).
Column (H) Enter the cash value of the respective asset.
Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual
interest rate).
TOTALS Add the total of Column (H) and Column (I), respectively.
If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2%
and enter the amount in (J), Imputed Income.
Row (K)
Row (L)
*Effective Date of
Income Certification
*Household Size at
Certification
Enter the greater of the total in Column (I) or (J)
Total Annual Household Income From all Sources Add (E) and (K) and enter the total
Enter the effective date of the income certification corresponding to the total annual household
income entered in Box L. If annual income certification is not required, this may be different fro m the
effective date listed in Part I.
Enter the number of tenants corresponding to the total annual household income entered in Box L. If
annual income certification is not required, this may be different from the number of tenants listed in
Part II.
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HOUSEHOLD CERTIFICATION AND SIGNATURES
After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the
Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the
effective date of the certification.
Part V – Determination of Income Eligibility
Total Annual Household Income from
all Sources
Enter the number from item (L).
Current Income Limit per Family Size Enter the Current Move-in Income Limit for the household size.
Household income at move-in
Household size at move-in
Current Income Limit x 140%
For recertifications, only. Enter the household income from the move-in certification. On the
adjacent line, enter the number of household members from the move-in certification.
For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140%
and enter the total. 140% is based on the Federal Set-Aside of 20/50 or 40/60, as elected
by the owner for the property, not deeper targeting elections of 30%, 40%, 45%, 50%,
etc. Below, indicate whether the household income exceeds that total. If the Gross Annual
Income at recertification is greater than
140% of the current income limit, then the available unit rule must be followed.
*Units Meets Income Restriction at
Check the appropriate box for the income restriction that the household meets according to
what is required by the set-aside(s) for the project.
Part VI - Rent
Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as
Section 8).
Rent Assistance Enter the amount of rent assistance, if any.
Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero.
Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage lockers,
charges for services provided by the development, etc.
Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges.
Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit.
Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the
set-aside(s) for the project.
Part VII - Student Status
If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”.
If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to
rent the unit.
Full time is determined by the school the student attends.
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Part VIII – Program Type
Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked,
indicate the household’s income status as established by this certification/recertification. If the property does not participate in the HOME, Tax-
Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank.
Tax Credit See Part V above.
HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program
set-asides, mark the appropriate box indicting the household’s designation.
Tax Exempt If the property participates in the Tax Exempt Bond program; mark the appropriate box indicating the household’s designation.
AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household’s unit will count towar ds
the set-aside requirements, mark the appropriate box indicting the household’s designation.
Other If the property participates in any other affordable housing program, complete the information as appropriate.
SIGNATURE OF OWNER/REPRESENTATIVE
It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following execution by the resident(s).
The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certificati on form) and ensuring
such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance.
These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance wit h federal program
regulations lies with the owner of the building(s) for which the credit is allowable.
PART IX. SUPPLEMENTAL INFORMATION
Tenant Demographic Profile Complete for each member of the household, including minors, for move-in. Use codes listed
on supplemental form for Race, Ethnicity, and Disability Status.
Resident/Applicant Initials All tenants who wish not to furnish supplemental information should initial this section.
Parent/guardian may complete and initial for minor child(ren).
* Please note areas with asterisks are new or have been modified. Please ensure to note the changes or formats now being requested.
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TENANT INCOME CERTIFICATION QUESTIONNAIRE
Name: Telephone Number:
_______________________________________________________ ( )
Initial Certification BIN #
Re-certification
Other Unit #
INCOME INFORMATION
Yes No MONTHLY GROSS INCOME
I am self employed. (List nature of self employment) (use net income from business)
$
I have a job and receive wages, salary, overtime pay, commissions, fees, tips, bonuses,
and/or other compensation: List the businesses and/or companies that pay you:
Name of Employer
1)
2)
3)
$
$
$
I receive cash contributions of gifts including rent or utility payments, on an ongoing
basis from persons not living with me.
$
I receive unemployment benefits. $
I receive Veteran’s Administration, GI Bill, or National Guard/Military
benefits/income.
$
I receive periodic social security payments. $
The household receives unearned income from family members age 17 or under
(example: Social Security, Trust Fund disbursements, etc.).
$
I receive Supplemental Security Income (SSI). $
I receive disability or death benefits other than Social Security.
$
I receive Public Assistance Income (examples: TANF, AFDC) $
I am entitled to receive child support payments.
I am currently receiving child support payments.
If yes, from how many persons do you receive support? ________
I am currently making efforts to collect child support owed to me. List efforts being
made to collect child support:
$
$
I receive alimony/spousal support payments $
I receive periodic payments from trusts, annuities, inheritance, retirement funds or
pensions, insurance policies, or lottery winnings.
If yes, list sources:
1)_____________________________________
2)_____________________________________
$
$
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4930-9998-4488v3/200936-0007
I receive income from real or personal property. (use net earned income)
$
Student financial aid (public or private, not including student loans)
Subtract cost of tuition from Aid received
$
Asset information
YES NO INTEREST RATE CASH VALUE
I have a checking account(s).
If yes, list bank(s)
1)
2)
%
%
$
$
I have a savings account(s)
If yes, list bank(s)
1)
2)
%
%
$
$
I have a revocable trust(s)
If yes, list bank(s)
1)
%
$
I own real estate.
If yes, provide description:
$
I own stocks, bonds, or Treasury Bills
If yes, list sources/bank names
1)
2)
3)
%
%
%
$
$
$
I have Certificates of Deposit (CD) or Money Market
Account(s).
If yes, list sources/bank names
1)
2)
3)
%
%
%
$
$
$
I have an IRA/Lump Sum Pension/Keogh Account/401K.
If yes, list bank(s)
1)
2)
%
%
$
$
I have a whole life insurance policy.
If yes, how many policies
$
I have cash on hand.
$
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I have disposed of assets (i.e. gave away money/assets) for less
than the fair market value in the past 2 years.
If yes, list items and date disposed:
1)
2)
$
$
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STUDENT STATUS
YES NO
Does the household consist of all persons who are full-time students (Examples: College/University, trade
school, etc.)?
Does the household consist of all persons who have been a full-time student in the previous 5 months?
Does your household anticipate becoming an all full-time student household in the next 12 months?
If you answered yes to any of the previous three questions are you:
Receiving assistance under Title IV of the Social Security Act (AFDC/TANF/Cal Works - not SSA/SSI)
Enrolled in a job training program receiving assistance through the Job Training Participation Act (JTPA) or
other similar program
Married and filing (or are entitled to file) a joint tax return
Single parent with a dependent child or children and neither you nor your child(ren) are dependent of
another individual
Previously enrolled in the Foster Care program (age 18-24)
UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE INFORMATION PRESENTED ON THIS FORM IS TRUE AND ACCURATE TO THE BEST OF MY/OUR
KNOWLEDGE. THE UNDERSIGNED FURTHER UNDERSTANDS THAT PROVIDING FALSE REPRESENTATIONS HEREIN CONSTITUTES AN ACT OF FRAUD. FALSE,
MISLEADING OR INCOMPLETE INFORMATION WILL RESULT IN THE DENIAL OF APPLICATION OR TERMINATION OF THE LEASE AGREEMENT.
PRINTED NAME OF APPLICANT/TENANT SIGNATURE OF APPLICANT/TENANT DATE
WITNESSED BY (SIGNATURE OF OWNER/REPRESENTATIVE) DATE
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EXHIBIT C
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
EL CERRITO PLAZA – PARCEL A SOUTH
Witnesseth that on this ____ day of ____________, 20__, the undersigned, having borrowed
certain funds from the County of Contra Costa, California (the “Issuer”) for the purpose of financing
the above-listed multifamily rental housing development (the “Project”), does hereby certify that:
A. Have there been any changes to the ownership entity, principals or property
management of the Project since the Loan was first incurred, or since the last certification was
provided?
B. During the preceding twelve-months (i) the Project was continually in compliance with
the Regulatory Agreement executed in connection with such loan from the Issuer, and (ii) ____% of
the units in the Project were occupied by Low Income Tenants (minimum of 40%). In addition, the
Project was in compliance with the requirements of Section 6 of the Regulatory Agreement (defined
below).
C. Set forth below is certain information regarding occupancy of the Project as of the date
hereof.
1. Total Units: __________
2. Total Units Occupied: __________
3. Total Units Held Vacant and Available for Rent to
Low Income Tenants __________
4. Total Low Income Units Occupied: __________
5. % of Low Income Units to Total Units % __________%
(equals the Total of Lines 3 and 4, divided by the
lesser of Line 1 or Line 2)
D. The units occupied by Low Income Tenants are of similar size and quality to other
units and are dispersed throughout the Project.
E. Select appropriate certification: [No unremedied default has occurred under the
Regulatory Agreement, the Indenture, the Loan Agreement, the Security Instrument or any of the other
Loan Documents.] [A default has occurred under the ____________. The nature of the default and the
measures being taken to remedy such default are as follows: _______________.]
F. Has there been a change of use for the Project? (If so, please describe)
G. The representations set forth herein are true and correct to the best of t he undersigned’s
knowledge and belief, and the undersigned acknowledges and agrees to provide to the Issuer such
documentation or evidence, in support of the foregoing certifications, as the Issuer may request.
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Capitalized terms used in this Certificate and not otherwise defined herein have the meanings
given to such terms in the Regulatory Agreement and Declaration of Restrictive Covenants, dated as
of November 1, 2025, between the Issuer and ECP Parcel A South Housing Partners, L.P., a California
limited partnership.
Date:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
Its Administrative General Partner
By:
Name: Ann Silverberg
Its: President and Secretary
El Cerrito Plaza MGP, LLC,
a California limited liability company,
Its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:
Name: Vasilios Salamandrakis
Its: President
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EXHIBIT D
FORM OF COMPLETION CERTIFICATE
$[35,700,000]
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series A
$____________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series B (Federally Taxable)
1) Project Name: El Cerrito Plaza – Parcel A South
(If project name has changed since the award of allocation please note the original
project name as well as the new project name.)
2) CDLAC Application No.: 25-483
3) Name of Issuer: County of Contra Costa, California
4) Name of Borrower: ECP Parcel A South Housing Partners, L.P., a California limited
partnership
(If Borrower has changed name since the award please note the original Borrower as well as
the new Borrower.)
5) The undersigned hereby certifies that all work on the Project was substantially completed as
of ________ __, 20__
The undersigned hereby further certifies that:
(a) the aggregate amount disbursed on the Loan to date is $___________
(b) all amounts disbursed from proceeds of the Loan have been applied to pay or reimburse
the undersigned for the payment of Project Costs and none of the amounts disbursed from the proceeds
of the Loan have been applied to pay or reimburse any party for the payment of costs or expenses other
than Project Costs; and
(c) at least 95 percent of the amounts disbursed from the proceeds of the Tax-Exempt Loan
have been applied to pay or reimburse the Borrower for the payment of Qualified Project Costs (as that
term is used in the Regulatory Agreement) and less than 25 percent of the amounts disbursed from the
proceeds of the Tax-Exempt Loan, exclusive of amounts applied to pay the costs of issuing the Bonds,
have been applied to pay or reimburse the Borrower for the cost of acquiring land.
(d) the cost of the issuance of the Bonds was equal to or less than 2% of the note proceeds
issued.
6) The undersigned hereby certifies the Project meets the general federal rule for a Qualified
Project Period.
No____ Yes____
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(a) 10% of the dwelling units in the project financed in part from the proceeds of the
captioned Note were first occupied on _____ _____ , 20__ and
(b) 50% of the dwelling units in the project financed in part from the proceeds of the
captioned Note were first occupied on _____ _____ , 20__ .
7) If no to 6) the undersigned hereby certifies the Project meets the special federal rule for a
Qualified Project Period.
No____ Yes____
(Project qualifies if it is an acquisition/construction where no more than 90% of the units
were not available for occupancy within 60 days of the earlier of the Project acquisition or
the Note Closing Date.)
(a) The Bonds were issued on ____________, 2024
(b) The Property was acquired on ________,__20__
(c) The date 10% of the units were available to occupy (within 60 days of the earlier of the
acquisition or Bond issuance) ______ __, 20__
Signature of Officer
Printed Name of Officer
Title of Officer
Phone Number
E-1
4930-9998-4488v3/200936-0007
EXHIBIT E
CDLAC RESOLUTION
E-2
4930-9998-4488v3/200936-0007
E-3
4930-9998-4488v3/200936-0007
E-4
4930-9998-4488v3/200936-0007
E-5
4930-9998-4488v3/200936-0007
E-6
4930-9998-4488v3/200936-0007
E-7
4930-9998-4488v3/200936-0007
E-8
4930-9998-4488v3/200936-0007
E-9
4930-9998-4488v3/200936-0007
E-10
4930-9998-4488v3/200936-0007
F-1
4930-9998-4488v3/200936-0007
EXHIBIT F
[Reserved]
G-1
4930-9998-4488v3/200936-0007
[EXHIBIT G]
CERTIFICATE AS TO COMMENCEMENT OF QUALIFIED PROJECT PERIOD
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CONTRA COSTA COUNTY
Department of Conservation and Development
30 Muir Road
Martinez, California 94553
Attention: Community Development Bond Program Manager
CERTIFICATE AS TO COMMENCEMENT OF
QUALIFIED PROJECT PERIOD
$[35,700,000]
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series A
$____________
County of Contra Costa, California
Multifamily Housing Revenue Bonds
(El Cerrito Plaza – Parcel A South),
2025 Series B (Federally Taxable)
The undersigned, on behalf of ECP Parcel A South Housing Partners, L.P., a California limited
partnership, hereby certifies that (complete blank information):
10% of the dwelling units in the Project financed in part from the proceeds of the captioned financings
were first occupied on ________________, 20____.
50% of the dwelling units in the Project financed in part from the proceeds of the captioned financings
were first occupied on ________________, 20__.
Capitalized terms used in this Certificate as to Commencement of Qualified Project Period have the
meanings given such terms in the Regulatory Agreement and Declaration of Restrictive Covenants,
dated as of November 1, 2025, between ECP Parcel A South Housing Partners, L.P., a California
limited partnership, and the County of Contra Costa, California.
G-2
4930-9998-4488v3/200936-0007
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.,
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
Its Administrative General Partner
By:
Name: Ann Silverberg
Its: President and Secretary
El Cerrito Plaza MGP, LLC,
a California limited liability company,
Its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:
Name: Vasilios Salamandrakis
Its: President
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4620 Name:
Status:Type:Consent Item Passed
File created:In control:10/16/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute
legal documents and take related actions to provide a HOME Investment Partnership Program loan in
the amount of $1,500,000, a Measure X loan in the amount of $5,000,000, and a Permanent Local
Housing Allocation loan in the amount of $1,876,423 to ECP Parcel A South Housing Partners, L.P.,
for the construction of an affordable rental housing development located at 515 Richmond Street in
the City of El Cerrito, and make related findings under the California Environmental Protection Act, as
recommended by the Conservation of Development Director. (18% Federal, 22% State, and 60%
County Measure X funds)
Attachments:1. EL Cerrito Plaza A South County Loan Agreement(4072096.2), 2. El Cerrito Plaza A South County
Loan Leasehold Deed of Trust(4070592.2), 3. El Cerrito Plaza A South County Loan Promissory
Note(4070963.2), 4. El Cerrito Plaza A South County Regulatory Agreement (HOME, PLHA, Measure
X )(4070598.3), 5. El Cerrito Plaza A South Intercreditor and Subordination and Agreement with the
City of El Cerrito(4070600.2)
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Approval of $1,500,000 HOME loan, $5,000,000 Measure X loan, and $1,876,423 PLHA loan
for the El Cerrito Plaza Parcel A South Affordable Housing Project in El Cerrito
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.APPROVE loans of (i) HOME Investment Partnerships Program (HOME) funds in the amount of
$1,500,000, (ii) Measure X (MX) funds in the amount of $5,000,000, and (iii) Permanent Local
Housing Allocation (PLHA) funds in the amount of $1,876,423 to ECP Parcel A South, L.P., a
California limited partnership (Developer), for the construction of an affordable housing development
known as El Cerrito Plaza Parcel A South Affordable Housing, located at 515 Richmond Street in El
Cerrito.
2.AUTHORIZE the Director of Conservation and Development, or designee, to execute loan documents
between the County and the Developer to evidence (i) the $1,500,000 HOME loan, (ii) the $5,000,000
MX loan, and (iii) the $1,876,423 PLHA loan, subject to approval by the County Administrator and
approval as to form by County Counsel.
3.FIND, as the responsible agency, that on the basis of the whole record before the County including the
California Environmental Quality Act (CEQA) review prepared by the City of El Cerrito, as the lead
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agency, that the development is exempt under CEQA Guidelines Section 15268; and DIRECT the
Conservation and Development Director, or designee, to file a Notice of Exemption for El Cerrito Plaza
Parcel A South Affordable Housing with the County Clerk, and pay any required fee for the filing.
FISCAL IMPACT:
HOME funds are provided to the County on a formula allocation basis through the U.S. Department of Housing
and Urban Development (HUD) (CDFA #14.239 HOME). PLHA funds are provided to the County as a grant
on a formula application basis through the State’s Department of Housing and Community Development
(HCD). Measure X Housing funds are part of the County General fund and derive from a countywide, 20-year,
½ cent sales tax approved by Contra Costa County voters on November 3, 2020.
BACKGROUND:
Project Description:
The El Cerrito Plaza Parcel A South Affordable Housing project site is located at 515 Richmond Street in the
City of El Cerrito. The development site is currently a BART surface parking lot for the El Cerrito Plaza BART
Station located adjacent to a residential neighborhood. The development will create more affordable housing
opportunities near high quality transit for car-free living. The development will include the new construction of
a six-story wood-frame on top of a ground floor concrete podium structure, which includes 69 rental units (a
mix of one-, two-, and three-bedroom units), one manager’s unit, enclosed parking garage with 29 spaces,
residential lobby, bike storage for 21 bikes, and resident amenities. The units will be affordable to households
earning between 30 and 60 percent of area median income (AMI) and will include one manager’s unit.
The development’s amenities will include a community and multipurpose room, shared laundry facilities,
secured entry, surveillance cameras, and a podium level central courtyard with a barbeque and playground that
will be shared by all residents in the project. Residents of the development will receive no-cost broadband
internet service for the first three years of initial unit occupancy after the property is placed into service and
digital and financial literacy programs. In addition, the project will include an all-electric design and Green
Point Rated Gold Status.
Of the 69 rental units, 31 of the units in the development will be designated as County-assisted units, of which
there will be designated six HOME units, 18 MX units, and seven PLHA units. For all federally funded
projects, a minimum of five percent of the total number of units must be accessible to people with physical
disabilities, and an additional two percent of units must be accessible to people with auditory and visual
disabilities, as defined in the Uniform Federal Accessibility Standards. This development will require a
minimum of four units reserved and accessible for persons who are physically disabled, and two units reserved
and accessible for persons who are hearing and/or visually impaired.
This is the first building in a multi-phased master plan for a transit-oriented development with a public-private
partnership between the San Francisco Bay Area Rapid Transit District (BART), the City of El Cerrito, and a
joint venture development team including The Related Companies of California, LLC (Related), Holliday
Development, and Affordable Housing Access, Inc. (AHA). AHA is a 501(c)(3) nonprofit corporation founded
in 1999. The Related Companies of California, LLC and Holliday Development, LLC are parties to an executed
Exclusive Negotiating Agreement (ENA) dated August 3, 2021, with the San Francisco Bay Area Transit
District (BART) for the entire TOD master plan area, including Parcel A South, for the development at the El
Cerrito Plaza BART Station.
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Funding Sources
On May 9, 2023, the Board of Supervisors (Board) approved an award of $1,500,000 in FY 2023/24 HOME
funds and $2,000,000 in FY 2023/24 MX funds to Related for the construction of the El Cerrito Plaza Parcel A
South Affordable Housing project, plus an additional $50,000 for the County’s project delivery costs. On June
25, 2024, the Board approved an award of $1,876,423 in FY 2024/25 PLHA funds to Related for the
construction of the project. On June 24, 2025, the Board approved an award of $3,000,000 in FY 2025/26 MX
funds to Related for the project. As a result, the total loan contributed by the County is $8,376,423 (the
“County Loan”). On April 8, 2025, the project obtained an award for tax credits and bonds. The project has all
funding for the project and will begin construction in November 2025 after execution of legal documents.
Related has formed a California limited partnership, ECP Parcel A South Housing Partners, L.P. (Developer), to
develop and be the owner of this development. The property will remain under BART ownership. There will be
a ground lease between BART and the Developer. The ground lease will have a term of 65 years. The
HOME/MX/PLHA funds will be provided by the County in the form of a 55-year residual receipts loan. The
County Loan will bear a zero percent simple interest rate at the request of the Developer, which is less than the
typical 3% for County loans. Further information is detailed in the section below regarding the request and need
for the lower interest rate. There may be some loan repayments if the project has a surplus cash flow (also
known as "residual receipts") during the operation of the development. Affordability and use restrictions are
incorporated into the County Loan documents. The County will have a Regulatory Agreement with a 55-year
term of affordability. Additional non-County financing for the development includes a City of El Cerrito loan,
State Affordable Housing Sustainable Communities Housing Related Infrastructure loan, State Affordable
Housing Sustainable Communities Affordable Housing Development loan, State Infill Infrastructure Grant
Catalyst loan, Metropolitan Transportation Commission Bay Area Housing Finance Authority Priority Sites
loan, a private construction loan, and 4% tax credits. The final loan documents between the County and the
Developer are anticipated to be substantially similar to those that are attached to this report.
Through this action, the Director of Conservation and Development, or designee, is authorized to execute
subordination agreements and estoppels that are consistent with the subordination terms in the Loan
Agreement. Due to the high construction costs and limited revenue from the restricted rents, the total amount of
the financing provided to the project will likely exceed the value of the completed project. Even though the
proposed equity investment from low-income housing tax credits is substantial compared to the amount of long
-term debt, the partnership agreement will have numerous safeguards for the investor's equity. These safeguards
essentially subordinate the County’s debt to the investor’s equity. As a result, the County Loan may not be fully
secured through the leasehold interest.
Interest Rate Reduction
Related has requested that the County reduce its interest rate on the County Loan from 3% to 0% to ensure that
the project can maintain cash flow positive through year 11. Related has requested the same interest rate
reduction from other lenders including the City of El Cerrito, Bay Area Housing Finance Authority, and the
State’s Department of Housing and Community Development.
Developer Fee
Related has also requested that the County modify the standard requirements for the cash out limit of the
developer fee and allow the Developer to collect a cash out developer fee of approximately $3.68 million where
the County’s guidelines limit this amount to $2.5 million with any amount above $2.5 million required to be
deferred or reinvested into the development. This request for an increased developer fee is in part due to
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changes to the regulations made by the California Tax Credit Allocation Committee (TCAC), which allows for
a higher cash out amount that exceeds the County’s limit of $2.5 million. The total amount of the developer fee
is approximately $4.1 million, which is allowed by TCAC regulations. County staff recommends the County
agree to a cash out developer fee to be paid out of development sources if the Developer represents that all
other lenders in this finance deal have approved this level of cash fee. Any deferred fee must be paid out of the
Developer’s share of residual receipts or be recontributed into the project.
Environmental Review
National Environmental Policy Act (NEPA): HOME projects are subject to NEPA and 24 CFR Part 58
environmental regulations. The NEPA review for this project has been completed by County staff and the
required mitigation actions are included in the loan agreement. However, the NEPA review process is still in the
HUD public comment/objection period, with HUD being provided with the County’s Request for Release of
Funds (RROF) for this project. HUD’s public comment and objection period ends on November 12, 2025, and
HUD may issue the AUGF after this date. As such, the County will not execute any legal documents relating to
this development until after the County receives HUD’s approval of the Authority to Use Grant Funds (AUGF),
which completes the NEPA review for this project. The County, as a responsible agency under CEQA, concurs
with the City of El Cerrito’s CEQA determination and will file the appropriate notice with the Recorder's
Office.
CONSEQUENCE OF NEGATIVE ACTION:
If the County Loan is not approved and legal documents not executed by the anticipated closing date of
November 17, 2025, the Developer will not be able to construct the project.
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863\119\4072096.2
DEVELOPMENT LOAN AGREEMENT
(El Cerrito Plaza Parcel A South)
(HOME Funds, Measure X Funds, and PLHA Funds)
This Development Loan Agreement (the "Agreement") is dated November ____, 2025,
and is between the County of Contra Costa, a political subdivision of the State of California (the
"County"), and ECP Parcel A South Housing Partners, L.P., a California limited partnership
("Borrower").
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Article 1 of
this Agreement.
B. The County has received Home Investment Partnerships Act funds (the "HOME-
Funds") from the United States Department of Housing and Urban Development ("HUD")
pursuant to title II of the Cranston-Gonzales National Affordable Housing Act of 1990 (42
U.S.C. 12705 et seq.). The HOME Funds must be used by the County in accordance with 24
C.F.R. Part 92 (the "HOME Regulations").
C. The County has received Permanent Local Housing Allocation funds ("PLHA
Funds") from the California Department of Housing and Community Development ("HCD"),
pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with
Section 50470) Statutes of 2017 (SB 2, Atkins) (the "PLHA Statute"), a Notice of Funding
Availability issued by HCD, dated February 26, 2020 (the "PLHA NOFA"), and Standard
Agreement Number 21-PLHA-17157 between the County and HCD as amended (the "PLHA
Standard Agreement"). The PLHA Funds must be used by the County in accordance with the
PLHA Statute, the PLHA NOFA, the PLHA Standard Agreement, and the PLHA Guidelines
issued by HCD dated October 2019 (collectively, the "PLHA Requirements").
D. On November 3, 2020, the voters of Contra Costa County approved a countywide
20-year, ½ cent sales tax ("Measure X"). On November 16, 2021 the County board of
supervisors approved the Measure X Housing Fund to support the construction of affordable
housing in the County for persons earning less than 50% of area median income and persons at
risk of homelessness (the "Measure X Funds").
E. The San Francisco Bay Area Rapid Transit District ("BART") owns that certain
real property located at 515 Richmond Street in the City of El Cerrito, County of Contra Costa,
State of California, as more particularly described in Exhibit A (the "Property"). Borrower is
leasing the Property from BART for a term of 65 years pursuant to a ground lease dated as of
November ____, 2025 (the "Ground Lease"), and thereby has a leasehold interest in the Property
for the term of the Ground Lease (the "Leasehold Interest"). A memorandum of ground lease will
be recorded against the Property in the Office of the Recorder of the County of Contra Costa that
provides notice of the existence of the Ground Lease (the "Memo of Ground Lease"). Borrower
intends to construct seventy (70) housing units on the Property, sixty-nine (69) of which are for
rental to extremely low, very low, and low income households, and one (1) manager's unit, and
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attendant site improvements (collectively, the "Improvements"). Together, (i) the Leasehold
Interest, and (ii) Borrower's fee interest in the Improvements are the "Development."
F. Borrower desires to borrow from the County a loan in the amount of Eight
Million Three Hundred Seventy-Six Thousand Four Hundred Twenty-Three Dollars
($8,376,423) (the "Loan"), comprised of One Million Five Hundred Thousand Dollars
($1,500,000) in HOME Funds, Five Million Dollars ($5,000,000) in Measure X Funds, and One
Million Eight Hundred Seventy-Six Thousand Four Hundred Twenty-Three Dollars ($1,876,423)
in PLHA Funds.
G. The Loan is evidenced by this Agreement, the Note, the Regulatory Agreement,
and the Intercreditor Agreement, and is secured by the Deed of Trust.
H. The Loan is being made to finance construction costs of the Development.
Construction of the Development is intended to maintain the supply of affordable rental housing
in Contra Costa County. Due to the assistance provided Borrower through the Loan, the County
is designating thirty-one (31) units as restricted by the County (the "County-Assisted Units"), six
(6) of which are HOME-assisted units (the "HOME-Assisted Units").
I. In accordance with the California Environmental Quality Act (Public Resources
Code Sections 21000 et seq.) ("CEQA") the City determined the Development to be statutorily
exempt from the provisions of CEQA under CEQA Guidelines Section 15268 for ministerial
projects. The Development secured its land use approvals in accordance with Government Code
Section 65913.1. [City to confirm]
J. In accordance with the National Environmental Policy Act of 1969, as amended
(42 U.S.C. 4321-4347) ("NEPA"), the County has completed and approved all applicable
environmental review for the activities proposed to be undertaken under this Agreement. [not
yet completed]
The parties therefore agree as follows:
AGREEMENT
ARTICLE 1 DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.
The following terms have the following meanings:
(a) "Accessibility Requirements" has the meaning set forth in Section 3.9
below.
(b) "Agreement" means this Development Loan Agreement.
(c) "Annual Operating Budget" has the meaning set forth in Section 4.4.
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(d) "Annual Operating Expenses" means for each calendar year, the
following costs reasonably and actually incurred for operation and maintenance of the
Development:
(i) ground rent payments in the amount set forth in the Ground Lease;
(ii) property taxes and assessments imposed on the Development;
(iii) debt service currently due on a non-optional basis (excluding debt
service due from residual receipts or surplus cash of the Development) on the Permanent Loan;
(iv) on-site service provider fees for tenant social services, provided the
County has approved, in writing, the plan and budget for such services before such services
begin;
(v) fees paid to the Issuer;
(vi) payment to HCD of a portion of the accrued interest on the HCD
AHSC Loan pursuant to California Code of Regulations, Title 25, Section 7308;
(vii) property management fees and reimbursements, on–site property
management office expenses, and salaries of property management and maintenance personnel,
not to exceed amounts that are standard in the industry and which are pursuant to a management
contract approved by the County;
(viii) the Partnership Management/Asset Fee;
(ix) fees for accounting, audit, and legal services incurred by
Borrower's general partner in the asset management of the Development, not to exceed amounts
that are standard in the industry, to the extent such fees are not included in the Partnership
Management/Asset Fee;
(x) premiums for insurance required for the Improvements to satisfy
the requirements of any lender of Approved Financing;
(xi) utility services not paid for directly by tenants, including water,
sewer, and trash collection;
(xii) maintenance and repair expenses and services;
(xiii) any annual license or certificate of occupancy fees required for
operation of the Development;
(xiv) security services;
(xv) advertising and marketing;
4
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(xvi) cash deposited into the Replacement Reserve Account in the
amount set forth in Section 4.2(a);
(xvii) cash deposited into the Operating Reserve Account to maintain the
amount set forth in Section 4.2(b) (excluding amounts deposited to initially capitalize the
account);
(xviii) extraordinary operating costs specifically approved in writing by
the County; and
(xix) payments of deductibles in connection with casualty insurance
claims not normally paid from reserves, the amount of uninsured losses actually replaced,
repaired or restored, and not normally paid from reserves, and other ordinary and reasonable
operating expenses approved in writing by the County and not listed above.
Annual Operating Expenses do not include the following: depreciation,
amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve
account, any amount expended from a reserve account, and any capital cost associated with the
Development.
(e) "Annual Payment" has the meaning in Section 2.8(a).
(f) "Approved Development Budget" means the proforma development
budget, including sources and uses of funds, as approved by the County, and attached hereto and
incorporated herein as Exhibit B.
(g) "Approved Financing" means all of the following loans, grants, equity
and subsidy obtained by Borrower and approved by the County for the purpose of financing the
acquisition of the Leasehold Interest and construction of the Improvements:
(i) loan from the City of Low and Moderate Income Housing funds in
the approximate amount of Nine Hundred Seventy Thousand Dollars ($970,000) (the "City
LMIHF Loan");
(ii) Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A
South), 2025 Series A in the approximate amount of Thirty-Five Million Seven-Hundred
Thousand Dollars ($35,700,000) issued by the County of Contra Costa, California (the "Issuer")
that are purchased by the Bank and the sale proceeds of which are loaned to Borrower (the
"Tax-Exempt Construction Loan") which will convert to a permanent loan in the approximate
amount of ______________ Dollars ($___________) (the "Permanent Loan");
(iii) Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A
South), 2025 Series B (Federally Taxable) in the approximate amount of _________________
Dollars ($____________) issued by the Issuer that are purchased by the Bank and the sale
proceeds of which are loaned to Borrower (the "Taxable Construction Loan");
5
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(iv) Infill Infrastructure Grant Catalyst funds from HCD in the amount
of Six Million Three Hundred Thousand Dollars ($6,300,000) to be loaned by the City to
Borrower (the "City IIG Loan");
(v) Affordable Housing Sustainable Communities HRI and Program
grant funds from HCD in the amount of Three Million Six Hundred Eighty-Six Thousand Five
Hundred and Seven Dollars ($3,686,507), to be loaned by the City to Borrower (the "City
AHSC HRI Loan");
(vi) Loan from the Bay Area Housing Finance Authority in the amount
of Two Million Four Hundred Thousand Dollars ($2,400,000) (the "BAHFA Loan");
(vii) permanent loan of Affordable Housing Sustainable Communities
AHD funds from HCD in the amount of Twenty-one Million One Hundred Forty-Eight
Thousand Five Hundred Seventy Dollars ($21,148,570) (the "HCD AHSC Loan");
(viii) Low Income Housing Tax Credit investor equity funds in the
approximate amount of __________________________Dollars ($__________) (the "Tax
Credit Investor Equity") provided by the Investor Limited Partner; and
(ix) capital contribution from Borrower's general partner in the
approximate amount of $100 (the "GP Capital Contribution").
(h) "Available Net Proceeds" means the result obtained by multiplying
the Net Proceeds of Permanent Financing by 0.75.
(i) "BAHFA Loan" has the meaning set forth in Section 1.1(g)(vi).
(j) "Bank" means JPMorgan Chase Bank, N.A., and its successors and
assigns.
(k) "BART" has the meaning set forth in Paragraph E of the Recitals.
(l) "Bid Package" means the package of documents Borrower's general
contractor is required to distribute to potential bidders as part of the process of selecting
subcontractors for the Development. The Bid Package is to include the following: (i) an
invitation to bid; (ii) copy of the proposed construction contract; and (iii) all Construction Plans.
(m) "Borrower" has the meaning set forth in the first paragraph of this
Agreement.
(n) "Borrower's Share of Residual Receipts" means twenty-five percent
(25%) of Residual Receipts.
(o) "CEQA" has the meaning set forth in Paragraph I of the Recitals.
(p) "City" means the City of El Cerrito, a municipal corporation.
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(q) "City AHSC HRI Loan" has the meaning set forth in Section 1(g)(v).
(r) "City IIG Loan" has the meaning set forth in Section 1(g)(iv).
(s) "City LMIHF Loan" has the meaning set forth in Section 1.1(g)(i).
(t) "Commencement of Construction" has the meaning set forth in
Section 3.5.
(u) "Completion Date" means the date that a final certificate of
occupancy, or equivalent document is issued by the City to certify that the Development may be
legally occupied.
(v) "Construction Plans" means all construction documentation upon
which Borrower and Borrower's general contractor rely in constructing all the Improvements on
the Property (including the units in the Development, landscaping, parking, and common areas)
and includes, but is not limited to, final architectural drawings, landscaping plans and
specifications, final elevations, building plans and specifications (also known as "working
drawings").
(w) "County" has the meaning set forth in the first paragraph of this
Agreement.
(x) "County Additional Prorata Share" means the result obtained by
dividing the Loan by the sum of the Loan and the City LMIHF Loan, to the extent all such funds
are disbursed.
(y) "County-Assisted Units" has the meaning set forth in Paragraph H of
the Recitals.
(z) "County Loan Prorata Percentage" means the result, expressed as a
percentage, obtained by dividing the Loan minus any Special County Loan Repayment by the
sum of (i) the Loan minus any Special County Loan Repayment, (ii) the City LMIHF Loan
minus any Special City LMIHF Loan Repayment, (iii) the HCD AHSC Loan, and (iv) solely for
the purposes of calculating the percentage attributable to HCD, and not for purposes of
repayment, the City AHSC HRI Loan and the City IIG Loan, to the extent all such funds are
disbursed.
(aa) "Deed of Trust" means the Leasehold Deed of Trust with Assignment
of Rents, Security Agreement, and Fixture Filing of even date herewith among Borrower, as
trustor, Chicago Title Company, as trustee, and the County, as beneficiary, that will encumber
the Development to secure repayment of the Loan and performance of the covenants of the Loan
Documents.
(bb) "Default Rate" means the lesser of the maximum rate permitted by
law and ten percent (10%) per annum.
(cc) "Developer Fee" has the meaning set forth in Section 3.18.
7
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(dd) "Development" has the meaning set forth in Paragraph E of the
Recitals.
(ee) "Development Fiscal Year" means for the Development, the annual
period commencing on January 1 and concluding on December 31 each year.
(ff) "Eligible Household" means a household qualified to occupy a
HOME-Assisted Unit pursuant to Section 2.1 of the Regulatory Agreement.
(gg) "Event of Default" has the meaning set forth in Section 6.1.
(hh) "Fifteen Year Compliance Period" means the fifteen (15) year
compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as
amended.
(ii) "Final Cost Certification" has the meaning set forth in Section 4.3.
(jj) "Final Development Cost" means the total of the cost of acquisition
and construction of the Development as shown on the Final Cost Certification.
(kk) "GP Capital Contribution" has the meaning set forth in Section
1.1(g)(ix).
(ll) "Gross Revenue" means for each calendar year, all revenue, income,
receipts, and other consideration actually received from the operation and leasing of the
Development. Gross Revenue includes, but is not limited to:
(i) all rents, fees and charges paid by tenants;
(ii) Section 8 payments and other rental or operating subsidy payments
received for the dwelling units;
(iii) deposits forfeited by tenants;
(iv) all cancellation fees;
(v) price index adjustments and any other rental adjustments to leases
or rental agreements;
(vi) net proceeds from vending and laundry room machines;
(vii) the proceeds of business interruption or similar insurance not paid
to senior lenders;
(viii) the proceeds of casualty insurance not used to rebuild the
Development and not paid to senior lenders; and
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(ix) condemnation awards for a taking of part or all of the
Development for a temporary period.
Gross Revenue does not include tenants' security deposits, loan proceeds,
unexpended amounts (including interest) in any reserve account, required deposits to reserve
accounts, capital contributions from Borrower's partners or similar advances.
(mm) "Ground Lease" has the meaning set forth in Paragraph E of the
Recitals.
(nn) "Hazardous Materials" means: (i) any substance, material, or waste
that is petroleum, petroleum-related, or a petroleum by-product, asbestos or asbestos-containing
material, polychlorinated biphenyls, flammable, explosive, radioactive, freon gas, radon, or a
pesticide, herbicide, or any other agricultural chemical, and (ii) any waste, substance or material
defined as or included in the definition of "hazardous substances," "hazardous wastes,"
"hazardous materials," "toxic materials", "toxic waste", "toxic substances," or words of similar
import under any Hazardous Materials Law.
(oo) "Hazardous Materials Claims" means with respect to the
Development (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Borrower or the Development pursuant to any
Hazardous Materials Law; and (ii) all claims made or threatened by any third party against
Borrower or the Development relating to damage, contribution, cost recovery compensation, loss
or injury resulting from any Hazardous Materials.
(pp) "Hazardous Materials Law" means any federal, state or local laws,
ordinances, or regulations relating to any Hazardous Materials, health, industrial hygiene,
environmental conditions, or the regulation or protection of the environment, and all
amendments thereto as of this date and to be added in the future and any successor statute or rule
or regulation promulgated thereto.
(qq) "HCD" has the meaning set forth in in Paragraph C of the Recitals.
(rr) "HCD AHSC Loan" has the meaning set forth in Section 1.1(g)(vii).
(ss) "HOME Funds" has the meaning set forth in Paragraph B of the
Recitals.
(tt) "HOME-Assisted Units" has the meaning set forth in Paragraph H of
the Recitals.
(uu) "HOME Regulations" has the meaning set forth in Paragraph B of the
Recitals.
(vv) "HUD" has the meaning set forth in Paragraph B of the Recitals.
(ww) "Improvements" has the meaning set forth in Paragraph E of the
Recitals.
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(xx) "Intercreditor Agreement" means that certain Subordination and
Intercreditor Agreement of even date herewith entered into by and among the City, the County,
and Borrower related to the Loan and the City LMIHF Loan, to be recorded against the Property.
(yy) "Investor Limited Partner" means Wincopin Circle LLLP, a Maryland
limited liability limited partnership, FRE Enterprise Affordable Housing Fund I, LLLP, a
Maryland limited liability limited partnership, and their permitted successors and assigns.
(zz) "Leasehold Interest" has the meaning set forth in Paragraph E of the
Recitals.
(aaa) "Lenders' Share of Residual Receipts" means fifty percent (50%) of
Residual Receipts.
(bbb) "Loan Documents" means this Agreement, the Note, the Regulatory
Agreement, the Intercreditor Agreement, and the Deed of Trust.
(ccc) "Loan" has the meaning set forth in Paragraph F of the Recitals.
(ddd) "Local Lenders'" means the City and the County.
(eee) "Local Lenders' Share of Residual Receipts" means twenty-five
percent (25%) of Residual Receipts.
(fff) "Measure X" has the meaning set forth in Paragraph D of the Recitals.
(ggg) "Measure X Funds" has the meaning set forth in Paragraph D of the
Recitals.
(hhh) "Memo of Ground Lease" has the meaning set forth in Paragraph E of
the Recitals.
(iii) "NEPA" has the meaning set forth in Paragraph J of the Recitals.
(jjj) "Net Proceeds of Permanent Financing" means the amount by which
Permanent Financing exceeds the Final Development Costs.
(kkk) "Note" means the promissory note of even date herewith that
evidences Borrower's obligation to repay the Loan.
(lll) "Operating Reserve Account" has the meaning set forth in Section
4.2(b).
(mmm) "Partnership Agreement" means the agreement between Borrower's
general partner and the Investor Limited Partner that governs the operation and organization of
Borrower as a California limited partnership.
(nnn) "Partnership Management/Asset Fee" means: (i) partnership
management fees (including any asset management fees) payable pursuant to the Partnership
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Agreement to any partner of Borrower during the Fifteen Year Compliance Period; and (ii) after
the expiration of the Fifteen Year Compliance Period, asset management fees payable to the
partners of Borrower, in the amounts approved by the County as set forth in Section 3.19.
(ooo) "Permanent Conversion" means the date the Tax-Exempt
Construction Loan converts to the Permanent Loan.
(ppp) "Permanent Financing" means the sum of the following amounts: (i)
the Loan; (ii) the City LMIHF Loan; (iii) the HCD AHSC Loan; (iv) the Permanent Loan; (v) the
City IIG Loan; (vi) the City AHSC HRI Loan; (vii) the BAHFA Loan; (vii) the Tax Credit
Investor Equity; and (viii) the GP Capital Contribution.
(qqq) "Permanent Loan" has the meaning set forth in Section 1.1(g)(ii).
(rrr) "PLHA Funds" has the meaning set forth in Paragraph C of the
Recitals.
(sss) "PLHA NOFA" has the meaning set forth in Paragraph C of the
Recitals.
(ttt) "PLHA Requirements" has the meaning set forth in Paragraph C of
the Recitals.
(uuu) "PLHA Standard Agreement" has the meaning set forth in Paragraph
C of the Recitals.
(vvv) "PLHA Statute" has the meaning set forth in Paragraph C of the
Recitals.
(www) "Property" has the meaning set forth in Paragraph E of the Recitals.
(xxx) "Regulatory Agreement" means the County Regulatory Agreement
and Declaration of Restrictive Covenants of even date herewith, between the County and
Borrower evidencing County requirements applicable to the Loan, to be recorded against the
Development.
(yyy) "Rental Shortfall Due Date" has the meaning set forth in Section
2.8(c).
(zzz) "Rental Shortfall Payment" has the meaning set forth in Section
2.8(c).
(aaaa) "Replacement Reserve Account" has the meaning set forth in Section
4.2(a).
(bbbb) "Residual Receipts" means for each calendar year, the amount by
which Gross Revenue exceeds Annual Operating Expenses.
(cccc) "Retention Amount" means Fifty Thousand Dollars ($50,000) of the
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Loan, the disbursement of which is described in Section 2.7.
(dddd) "Senior Loan" has the meaning set forth in Section 2.5.
(eeee) "Special City LMIHF Loan Payment" has the meaning in Section 3(b)
of the Intercreditor Agreement.
(ffff) "Special County Loan Payment" has the meaning in Section 2.8(b).
(gggg) "Statement of Residual Receipts" means an itemized statement of
Residual Receipts.
(hhhh) "Taxable Construction Loan" has the meaning set forth in Section
1.1(g)(iii).
(iiii) "Tax-Exempt Construction Loan" has the meaning set forth in Section
1.1(g)(ii).
(jjjj) "Tax Credit Investor Equity" has the meaning set forth in Section
1.1(g)(viii).
(kkkk) "TCAC" means the California Tax Credit Allocation Committee.
(llll) "Tenant" means the tenant household that occupies a unit in the
Development.
(mmmm) "Term" means the period of time that commences on the date of
this Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the
fifty-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the
Permanent Conversion cannot be located or established, the Term will expire on the fifty-seventh
(57th) anniversary of this Agreement.
(nnnn) "Transfer" has the meaning set forth in Section 6.1 of the Regulatory
Agreement.
Section 1.2 Exhibits
The following exhibits are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A: Legal Description of the Property
Exhibit B: Approved Development Budget
Exhibit C: NEPA Mitigation Requirements
ARTICLE 2 LOAN PROVISIONS
Section 2.1 Loan.
Upon satisfaction of the conditions set forth in Section 2.6 and Section 2.7 of
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this Agreement, the County shall lend to Borrower the Loan for the purposes set forth in Section
2.3 of this Agreement. Borrower's obligation to repay the Loan is evidenced by the Note.
Section 2.2 Interest.
(a) Subject to the provisions of subsection (b) below, the Loan will not
bear interest.
(b) Upon the occurrence of an Event of a Default, interest on the
outstanding principal balance of the Loan will accrue at the Default Rate, beginning on the date
of such occurrence and continuing until the date the Loan is repaid in full or the Event of Default
is cured.
Section 2.3 Use of Loan Funds.
(a) Borrower shall use the PLHA Loan for predevelopment costs incurred
up to twelve (12) months prior to the date of this Agreement and construction costs, consistent
with the Approved Development Budget. Use of the PLHA Loan for reimbursement of costs
incurred prior to the date of this Agreement is subject to the PLHA Requirements.
(b) Borrower shall use the HOME Loan and Measure X Loan for
construction costs, consistent with the Approved Development Budget. Use of the HOME Loan
for reimbursement of costs incurred prior to the date of this Agreement is subject to Section
92.206(d)(1) of the HOME Regulations.
(c) Borrower may not use the Loan proceeds for any other purposes
without the prior written consent of the County.
Section 2.4 Security.
In consideration of the Loan, Borrower shall (i) secure its obligation to repay the Loan, as
evidenced by the Note, by executing the Deed of Trust, and cause or permit it to be recorded as a
lien against the Property, junior to the Tax-Exempt Construction Loan and Taxable Construction
Loan (and upon Permanent Conversion, to the Permanent Loan and the HCD AHSC Loan)
pursuant to Section 2.5 below, senior to the City AHSC Loan, the City IIG Loan, and the City
LMIHF Loan pursuant to the Intercreditor Agreement, and (ii) execute the Regulatory
Agreement, and the Intercreditor Agreement, and cause or permit them to be recorded against the
Development.
Section 2.5 Subordination.
(a) Any agreement by the County to subordinate the Deed of Trust and/or
Regulatory Agreement to an encumbrance securing and/or evidencing the HCD AHSC Loan,
Tax-Exempt Construction Loan, Taxable Construction Loan, the Permanent Loan or any loan
obtained by Borrower to refinance the Tax-Exempt Construction Loan, Taxable Construction
Loan, or the Permanent Loan (collectively, the "Senior Loan") will be subject to the satisfaction
of each of the following conditions:
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(i) All of the proceeds of the Senior Loan, less any transaction costs,
are used to provide acquisition, construction and/or permanent financing for the Development.
(ii) The lender of the Senior Loan is a state or federally chartered
financial institution, a nonprofit corporation or a public entity that is not affiliated with
Borrower or any of Borrower's affiliates, other than as a depositor or a lender.
(iii) Borrower demonstrates to the County's satisfaction that
subordination of the Deed of Trust and the Regulatory Agreement is necessary to secure
adequate acquisition, construction, and/or permanent financing to ensure the viability of the
Development, including the operation of the Development as affordable housing, as required by
the Loan Documents. To satisfy this requirement, Borrower must provide to the County, in
addition to any other information reasonably required by the County, evidence demonstrating
that the proposed amount of the Senior Loan is necessary to provide adequate acquisition,
construction, and/or permanent financing to ensure the viability of the Development, and
adequate financing for the Development would not be available without the proposed
subordination.
(iv) The subordination agreement(s) is structured to minimize the risk
that the Deed of Trust and the Regulatory Agreement will be extinguished as a result of a
foreclosure by the Bank or other holder of the Senior Loan. To satisfy this requirement, the
subordination agreement must provide the County with adequate rights to cure any defaults by
Borrower, including: (1) providing the County or its successor with copies of any notices of
default at the same time and in the same manner as provided to Borrower; and (2) providing the
County with a cure period of at least sixty (60) days to cure any default.
(v) The subordination(s) of the Loan is effective only during the
original term of the Senior Loan and any extension of its term that is approved in writing by the
County.
(vi) The subordination does not limit the effect of the Deed of Trust
and the Regulatory Agreement before a foreclosure, nor require the consent of the holder(s) of
the Senior Loan prior to the County exercising any remedies available to the County under the
Loan Documents.
(b) Upon a determination by the County's Director – Department of
Conservation and Development that the conditions in Subsection (a) have been satisfied, the
Director – Department of Conservation and Development or his/her designee will be authorized
to execute the approved subordination agreement without the necessity of any further action or
approval.
Section 2.6 Conditions Precedent to Closing and Disbursement of Loan Funds
for Construction.
Until the conditions set forth in Section 2.7 have been met, the disbursements made
pursuant to this Agreement may not exceed Eight Million Three Hundred Twenty-Six Thousand
Twenty-Three Dollars ($8,326,423). The County is not obligated to authorize closing on the
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Loan or disburse any portion of the Loan, or to take any other action under the Loan Documents
unless all of the following conditions have been and continue to be satisfied:
(a) There exists no Event of Default nor any act, failure, omission or
condition that would constitute an Event of Default under this Agreement;
(b) The County has approved the Ground Lease;
(c) There exists no default nor any act, failure, omission or condition that
would constitute default under the Ground Lease;
(d) Borrower has delivered to the County copies of all of Borrower's
organizational documents, and a copy of a corporate resolution authorizing Borrower to obtain
the Loan and all other Approved Financing, and execute the Loan Documents;
(e) There exists no material adverse change in the financial condition of
Borrower from that shown by the financial statements and other data and information furnished
by Borrower to the County prior to the date of this Agreement;
(f) Borrower has furnished the County with evidence of the insurance
coverage meeting the requirements of Section 4.13 below;
(g) Borrower has executed and delivered to the County the Loan
Documents and has caused all other documents, instruments, and policies required under the
Loan Documents to be delivered to the County;
(h) The Memo of Ground Lease, Deed of Trust, the Regulatory
Agreement, and the Intercreditor Agreement, have been recorded against the Development in the
Office of the Recorder of the County of Contra Costa (may occur concurrently with closing of
the Loan);
(i) A title insurer reasonably acceptable to the County is unconditionally
and irrevocably committed to issuing an LP-10 2021 ALTA Lender's Policy of title insurance
insuring the priority of the Deed of Trust in the amount of the Loan, subject only to such
exceptions and exclusions as may be reasonably acceptable to the County, and containing such
endorsements as the County may reasonably require. Borrower shall provide whatever
documentation (including an indemnification agreement), deposits or surety is reasonably
required by the title company in order for the County's Deed of Trust to be senior in lien priority
to any mechanics liens in connection with any start of construction that has occurred prior to the
recordation of the Deed of Trust against the Development in the Office of the Recorder of the
County of Contra Costa;
(j) All environmental review necessary for the construction of the
Improvements has been completed, and Borrower has provided the County evidence of planned
compliance with all NEPA and CEQA requirements and mitigation measures applicable to
construction, and evidence of compliance with all NEPA and CEQA requirements and mitigation
measures applicable to preconstruction;
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(k) The County has determined the undisbursed proceeds of the Loan,
together with other funds or firm commitments for funds that Borrower has obtained in
connection with the construction of the Improvements, are not less than the amount the County
determines is necessary to pay for the construction of the Improvements and to satisfy all of the
covenants contained in this Agreement and the Regulatory Agreement;
(l) Borrower has obtained all permits and approvals necessary to
commence the construction of the Improvements;
(m) The County has received and approved the Bid Package for the
subcontractors for the construction of the Improvements pursuant to Section 3.2 below;
(n) The County has received and approved the general contractor's
construction contract that Borrower has entered or proposed to enter for the construction of the
Improvements pursuant to Section 3.3 below;
(o) The County has received and approved labor and material (payment)
bonds and performance bonds as required pursuant to Section 3.4 below;
(p) Borrower has closed the loans and obtained the equity financings that
comprise the Approved Financing described in Section 1.1(g) (or is doing so concurrently with
closing the Loan), or has commitments for such funds;
(q) The County has received a fully executed copy of the Partnership
Agreement, in which the Investor Limited Partner is obligated to provide Borrower the Tax
Credit Investor Equity subject to and in accordance with the terms thereof;
(r) The County has received the fully executed Standard Agreement
among the County, Borrower and HCD governing the commitment of the HCD AHSC Loan;
(s) Borrower has provided the County a certification from the
Development architect or qualified accessibility specialist that the construction plans are in
conformance with the Accessibility Requirements;
(t) Borrower has provided the County an assessment of market demand
for the Development, dated no earlier than twelve (12) months prior to the date of this
Agreement;
(u) Borrower has submitted to the County a construction schedule
reflecting a Completion Date no later than September 1, 2027;
(v) The County has received reasonable evidence that the local match
requirements set forth in 24 C.F.R. Section 92.218 et seq., have been satisfied pursuant to
Section 4.1 of this Agreement; and
(w) As a condition to disbursing Loan proceeds, the County has received
a written draw request from Borrower, including: (i) certification that the condition set forth in
Section 2.6(a) continues to be satisfied; (ii) certification that the proposed uses of funds is
consistent with the Approved Development Budget; (iii) the amount of funds needed; and, (iv)
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where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred. When a
disbursement is requested to pay any contractor in connection the Improvements, the written
request must be accompanied by: (1) certification by Borrower's architect reasonably acceptable
to the County that the work for which disbursement is requested has been completed (although
the County reserves the right to inspect the Development and make an independent evaluation);
and (2) lien releases and/or mechanics lien title insurance endorsements reasonably acceptable to
the County.
Section 2.7 Conditions Precedent to Disbursement of Retention.
The County is not obligated to disburse the Retention Amount unless the following
conditions precedent are satisfied:
(a) The County has received a completion report from Borrower setting
forth: (i) the income, household size, race, and ethnicity of Tenants of the County-Assisted
Units; (ii) and the unit address, unit size, rent amount and utility allowance for all County-
Assisted Units;
(b) The County has received a draft of the Final Cost Certification for the
Development from Borrower showing all uses and sources;
(c) The County has received from Borrower copies of the certificate of
occupancy or equivalent final permit sign-offs for the Improvements, allowing the Improvements
to be legally occupied;
(d) The County has received from Borrower current evidence of the
insurance coverage meeting the requirements of Section 4.13 below;
(e) The County has received from Borrower a form of Tenant lease;
(f) The County has received from Borrower a Marketing Plan, Tenant
Selection Plan, and Technology Plan as defined in the County Regulatory Agreement;
(g) The County has received a copy of a social services plan and social
services budget for the provision of social services to Tenants;
(h) The County has received from Borrower evidence of marketing for
any vacant County-Assisted Unit in the Development such as copies of flyers, list of media ads,
list of agencies and organizations receiving information on availability of such units, as
applicable;
(i) The County has received from Borrower all relevant contract activity
information, including compliance with Section 3 requirements as set forth in Section 4.5(b)(ix)
of the County Regulatory Agreement, and minority-owned (MBE) and women-owned (WBE)
business requirements;
(j) If Borrower was required to comply with relocation requirements as
set forth in Section 3.10 below, the County has received from Borrower evidence of compliance
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with all applicable relocation requirements;
(k) The County has received from Borrower a copy of the management
agreement and contact information for the property manager of the Development and the name
and phone number of the on-site property manager;
(l) If Borrower is required to pay prevailing wages under the Davis-
Bacon Act (40 U.S.C. 3141-3148) by the HUD regulations governing the Loan, the County has
received confirmation that Borrower has submitted all certified payrolls to the County, and any
identified payment issues have been resolved, or Borrower is working diligently to resolve any
such issues;
(m) The County has received from Borrower evidence of compliance with
all NEPA mitigation requirements as set forth in Exhibit C; and
(n) The County has received a written draw request from Borrower,
including certification that the condition set forth in Section 2.6(a) continues to be satisfied, and
setting forth the proposed uses of funds consistent with the Approved Development Budget, and,
where applicable, a copy of the bill or invoice covering a cost incurred or to be incurred.
Borrower shall apply the disbursement for the purpose(s) requested.
Section 2.8 Repayment Schedule.
(a) Annual Payments of Loan. Commencing on May 1, 2028, and on
May 1 of each year thereafter during the Term, Borrower shall make a Loan payment in an
amount equal to the sum of (1) the County Loan Prorata Percentage of the Lenders' Share of
Residual Receipts, and (2) the County Additional Prorata Share multiplied by Local Lenders'
Share of Residual Receipts (each such payment, an "Annual Payment"). The County shall apply
all Annual Payments first, to accrued interest; and second, to principal.
(b) Special Repayments of Loan from Net Proceeds of Permanent
Financing. To the extent consistent with the regulations applicable to the HCD AHSC Loan, no
later than ten (10) days after the date Borrower receives its final capital contribution from the
Investor Limited Partner, Borrower shall pay to the County as a special repayment of the Loan,
an amount equal to the result obtained by multiplying the County Additional Prorata Share by
the Available Net Proceeds (the "Special County Loan Payment"). No later than one hundred
eighty (180) days following completion of construction of the Development, Borrower shall
submit to the County for its review a preliminary calculation of the Net Proceeds of Permanent
Financing and a draft of the Final Cost Certification as defined Section 4.3 below. The County
shall approve or disapprove Borrower's determination of the amount of the Net Proceeds of
Permanent Financing in writing within thirty (30) days after receipt. If Borrower's determination
is disapproved by the County, Borrower shall re-submit documentation to the County until the
County approval is obtained.
(c) Special Repayment of the Loan for Failure to Lease. If on or before
the Rental Shortfall Due Date, Borrower fails to cause each of the HOME-Assisted Units to be
rented to and occupied by an Eligible Household in accordance with the County Regulatory
Agreement, Borrower shall pay the County the Rental Shortfall Payment, plus accrued interest,
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on the Rental Shortfall Due Date.
(i) The "Rental Shortfall Due Date" is the date that occurs eighteen
(18) months after the Completion Date.
(ii) The "Rental Shortfall Payment" is an amount equal to the result
obtained by multiplying (1) the number of HOME-Assisted Units that have not been rented to
and occupied by an Eligible Household on or before the Rental Shortfall Due Date, by (2) a
fraction, the numerator of which is the then-outstanding principal balance of the HOME Funds
portion of the Loan and the denominator of which is the number of HOME-Assisted Units.
(iii) Interest on the Rental Shortfall Payment will accrue in accordance
with Section 2.2(a) through the Rental Shortfall Due Date. If the Rental Shortfall Payment is
not paid on or before the Rental Shortfall Due Date, interest on the Rental Shortfall Payment
will accrue at the Default Rate beginning on the day after the Rental Shortfall Due Date and
continuing until the Rental Shortfall Payment is paid in full with interest.
(d) Payment in Full of Loan. Borrower shall pay all outstanding principal
and accrued interest on the Loan, in full, on the earliest to occur of: (i) any Transfer other than as
permitted pursuant to Section 6.1 of the Regulatory Agreement; (ii) an Event of Default; and (iii)
the expiration of the Term.
(e) Prepayment. Borrower may prepay the Loan at any time without
premium or penalty. However, the Regulatory Agreement and the Deed of Trust (as security for
the Regulatory Agreement) will remain in effect for the entire Term, regardless of any
prepayment or Transfer.
Section 2.9 Reports and Accounting of Residual Receipts.
(a) Borrower shall keep and maintain at the principal place of business of
Borrower set forth in Section 7.9 below, or elsewhere with the County's written consent, full,
complete and appropriate books, records and accounts necessary or prudent to evidence and
substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of
Residual Receipts.
(b) In connection with the Annual Payment, Borrower shall furnish to the
County:
(i) The Statement of Residual Receipts for the relevant period. The
first Statement of Residual Receipts will cover the period that begins on January 1, 2027, and
ends on December 31st of that same year. Subsequent statements of Residual Receipts will
cover the twelve-month period that ends on December 31st of each year;
(ii) A statement from the independent public accountant that audited
Borrower's financial records for the relevant period, which statement must confirm that
Borrower's calculation of the Lenders' Share of Residual Receipts and Local Lenders' Share of
Residual Receipts is accurate based on Gross Revenue and Annual Operating Expenses; and
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(iii) Any additional documentation reasonably required by the County
to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and Local
Lenders' Share of Residual Receipts.
(c) The receipt by the County of any statement pursuant to subsection (b)
above or any payment by Borrower or acceptance by the County of any Loan repayment for any
period does not bind the County as to the correctness of such statement or payment. The County
may audit the Residual Receipts and all books, records, and accounts pertaining thereto pursuant
to Section 4.6 below.
Section 2.10 Non-Recourse.
Except as provided below, neither Borrower, nor any partner of Borrower, has any direct
or indirect personal liability for payment of the principal of, and interest on, the Loan. Following
recordation of the Deed of Trust, the sole recourse of the County with respect to the principal of,
or interest on, the Note will be to the property described in the Deed of Trust; provided, however,
that nothing contained in the foregoing limitation of liability limits or impairs the enforcement of
all the rights and remedies of the County against all such security for the Note, or impairs the
right of County to assert the unpaid principal amount of the Note as demand for money within
the meaning and intendment of Section 431.70 of the California Code of Civil Procedure or any
successor provision thereto. The foregoing limitation of liability is intended to apply only to the
obligation to repay the principal and interest on the Note. Nothing contained herein is intended
to relieve Borrower of its obligation to indemnify the County under the Loan Documents and
Borrower shall be fully and personally liable for: (i) loss or damage of any kind resulting from
waste, fraud, gross negligence, or willful misrepresentation; (ii) the failure to pay taxes,
assessments or other charges which may create liens on the Development that are payable or
applicable prior to any foreclosure under the Deed of Trust (to the full extent of such taxes,
assessments or other charges); (iii) the fair market value of any personal property or fixtures
removed or disposed of by Borrower other than in accordance with the Deed of Trust; (iv) willful
or grossly negligent violation of applicable law; and (v) the misappropriation of any proceeds
under any insurance policies or awards resulting from condemnation or the exercise of the power
of eminent domain or by reason of damage, loss or destruction to any portion of the
Improvements.
ARTICLE 3 CONSTRUCTION OF THE IMPROVEMENTS
Section 3.1 Permits and Approvals.
Borrower shall obtain all permits or permit ready letter and approvals necessary for the
commencement of construction of the Improvements no later than December 1, 2025, or such
later date that the County approves in writing.
Section 3.2 Bid Package.
Not later than thirty (30) days prior to Borrower's proposed date for advertising the Bid
Package, Borrower shall submit to the County a copy of Borrower's general contractor's
proposed Bid Package. The County's Director, Department of Conservation and Development,
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or his or her designee, shall approve or disapprove the Bid Package within fifteen (15) days after
receipt of the Bid Package by the County. If the County rejects the proposed Bid Package the
reasons therefore must be given to Borrower. Borrower will then have fifteen (15) days to revise
the proposed Bid Package and resubmit it to the County. The County will then have fifteen (15)
days to review and approve Borrower's new or corrected Bid Package. The provisions of this
Section will continue to apply until a proposed Bid Package has been approved by the County.
Borrower may not publish a proposed Bid Package until it has been approved by the County.
Section 3.3 Construction Contract.
(a) Not later than fifteen (15) days prior to the proposed Commencement
of Construction, Borrower shall submit to the County for its approval a draft of the proposed
construction contract for the Improvements. All construction work and professional services are
to be performed by persons or entities licensed or otherwise authorized to perform the applicable
construction work or service in the State of California. Each contract that Borrower enters for
construction of the Improvements is to provide that at least ten percent (10%) of the costs
incurred will be payable only upon completion of the construction, subject to early release of
retention for specified subcontractors upon approval by the County. The construction contract
will include all applicable HOME Regulations set forth in Section 4.6 of the County Regulatory
Agreement. The County's approval of the construction contract may not be deemed to constitute
approval of or concurrence with any term or condition of the construction contract except as such
term or condition may be required by this Agreement.
(b) Upon receipt by the County of the proposed construction contract, the
County shall promptly review same and approve or disapprove it within fifteen (15) days. If the
construction contract is not approved by the County, the County shall set forth in writing and
notify Borrower of the County's reasons for withholding such approval. Borrower shall
thereafter submit a revised construction contract for County approval, which approval is to be
granted or denied in fifteen (15) days in accordance with the procedures set forth above. Any
construction contract executed by Borrower for the Development is to be in the form approved
by the County.
Section 3.4 Construction Bonds.
Not later than thirty (30) days prior to the proposed Commencement of Construction
Borrower shall deliver to the County copies of labor and material bonds and performance bonds
for the construction of the Improvements in an amount equal to one hundred percent (100%) of
the scheduled cost of the construction of the Improvements. Such bonds must name the County
as a co-obligee.
Section 3.5 Commencement of Construction.
Borrower shall cause the Commencement of Construction of the Improvements to occur
no later than December 1, 2025, or such later date that the County approves in writing, but in no
event later than 1 year from date of this Agreement. For the purposes of this Agreement,
"Commencement of Construction" means the date set for the start of construction of the
Improvements in the notice to proceed issued by Borrower to Borrower's general contractor.
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Section 3.6 Completion of Construction.
(a) Borrower shall diligently prosecute construction of the Improvements
to completion and shall cause the construction of the Improvements to be completed no later than
September 1, 2027, subject to force majeure, or such later date that the County approves in
writing.
Section 3.7 Changes; Construction Pursuant to Plans and Laws.
(a) Changes. Borrower shall construct the Improvements in conformance
with (i) the plans and specifications approved by the City's building department, and (ii) the
Approved Development Budget. Borrower shall notify the County in a timely manner of any
changes in the work required to be performed under this Agreement, including any additions,
changes, or deletions to the plans and specifications approved by the City. Written authorization
from the County must be obtained before any of the following changes, additions, or deletions in
work for the Improvements may be performed: (i) any change in the work the cost of which
exceeds One Hundred Thousand Dollars ($100,000); or (ii) any set of changes in the work the
cost of which cumulatively Two Hundred Fifty Thousand Dollars ($250,000) or ten percent
(10%) of the Loan amount, whichever is less; or (iii) any material change in building materials or
equipment, specifications, or the structural or architectural design or appearance of the
Improvements as provided for in the plans and specifications approved by the County. The
County's consent to any additions, changes, or deletions to the work does not relieve or release
Borrower from any other obligations under this Agreement, or relieve or release Borrower or its
surety from any surety bond.
(b) Compliance with Laws. Borrower shall cause all work performed in
connection with the Improvements to be performed in compliance with:
(i) all applicable laws, codes (including building codes and codes
applicable to mitigation of disasters such as earthquakes), ordinances, rules and regulations of
federal, state, county or municipal governments or agencies now in force or that may be enacted
hereafter;
(ii) the PLHA Requirements and the HOME Regulations including
the property standards set out in 24 C.F.R. 92.251 as implemented by Section 5.6 of the County
Regulatory Agreement;
(iii) the requirement of the Lead-Based Paint Poisoning Prevention Act,
as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based Paint Hazard Reduction Act
(42 U.S.C. 4851 et seq.), and implementing regulations at 24 C.F.R. Part 35; and
(iv) all directions, rules and regulations of any fire marshal, health
officer, building inspector, or other officer of every governmental agency now having or
hereafter acquiring jurisdiction. Borrower may permit the work to proceed only after
procurement of each permit, license, or other authorization that may be required by any
governmental agency having jurisdiction, and Borrower is responsible to the County for the
procurement and maintenance thereof.
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Section 3.8 State Prevailing Wages.
(a) To the extent required by applicable law Borrower shall:
(i) pay, and shall cause any consultants or contractors to pay,
prevailing wages in the construction of the Development as those wages are determined
pursuant to California Labor Code Section 1720 et seq.;
(ii) cause any consultants or contractors to employ apprentices as
required by California Labor Code Section 1777.5 et seq., and the implementing regulations of
the Department of Industrial Relations (the "DIR"), and to comply with the other applicable
provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing
regulations of the DIR;
(iii) keep and retain, and shall cause any consultants and contractors to
keep and retain, such records as are necessary to determine if such prevailing wages have been
paid as required pursuant to California Labor Code Section 1720 et seq., and apprentices have
been employed are required by California Labor Code Section 1777.5 et seq.;
(iv) post at the Property, or shall cause the contractor to post at the
Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable
current per diem prevailing wages are available from DIR;
(v) cause contractors and subcontractors constructing the
Improvements to be registered as set forth in California Labor Code Section 1725.5;
(vi) cause its contractors and subcontractors, in all calls for bids,
bidding materials and the construction contract documents for the construction of the
Improvements to specify that:
(1) no contractor or subcontractor may be listed on a
bid proposal nor be awarded a contract for the construction of the Improvements unless
registered with the DIR pursuant to California Labor Code Section 1725.5; and
(2) the construction of the Improvements is subject to
compliance monitoring and enforcement by the DIR.
(vii) provide the County all information required by California Labor
Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award
of any contract (https://www.dir.ca.gov/pwc100ext/);
(viii) cause its contractors to post job site notices, as prescribed by
regulation by the DIR; and
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(ix) cause its contractors to furnish payroll records required by
California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the
electronic format prescribed by the Labor Commissioner.
(b) Borrower shall indemnify, hold harmless and defend (with counsel
reasonably acceptable to the County) the County against any claim for damages, compensation,
fines, penalties or other amounts arising out of the failure or alleged failure of any person or
entity (including Borrower, its contractor and subcontractors) to pay prevailing wages as
determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices
pursuant to California Labor Code Section 1777.5 et seq., to meet the conditions of California
Labor Code Section 1771.4, and implementing regulations of the DIR, or to comply with the
other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and
1771.4, and the implementing regulations of the DIR, in connection with the construction of the
Improvements or any other work undertaken or in connection with the Development. This
obligation to indemnify survives termination of this Agreement, repayment of the Loan, and the
reconveyance of the Deed of Trust.
Section 3.9 Accessibility.
(a) Borrower shall cause the Improvements to be constructed and
operated at all times in compliance with all applicable federal, state, and local disabled persons
accessibility requirements including, but not limited to the applicable provisions of: (i) the
Unruh Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the
Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the
Americans with Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the
California Code of Regulations, which relate to disabled persons access (collectively, the
"Accessibility Requirements").
(b) In compliance with the Accessibility Requirements, a minimum of
four (4) units in the Development must be constructed to be fully accessible to households with a
mobility impaired member and an additional two (2) units in the Development must be
constructed to be fully accessible to hearing and/or visually impaired persons. In compliance
with the Accessibility Requirements Borrower shall provide the County with a certification from
the Development architect/CASP consultant that to the best of the architect's knowledge, the
Development complies with all federal and state accessibility requirements applicable to the
Development. Borrower shall indemnify, hold harmless and defend (with counsel reasonably
acceptable to the County) the County against any claim for damages, compensation, fines,
penalties or other amounts arising out of the failure or alleged failure of any person or entity
(including Borrower, its architect, contractor and subcontractors) to construct the Development
in accordance with the Accessibility Requirements. This obligation to indemnify survives
termination of this Agreement, repayment of the Loan and the reconveyance of the Deed of
Trust.
Section 3.10 Relocation.
(a) If and to the extent that acquisition of the Leasehold Interest and
construction of the Improvements will result in the permanent or temporary displacement of
residential tenants, homeowners, or businesses, then Borrower shall comply with all applicable
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local, state, and federal statutes and regulations, (including without limitation the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et
seq.), and implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and
Community Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24
C.F.R. 92.353; and California Government Code Section 7260 et seq. and implementing
regulations at 25 California Code of Regulations Sections 6000 et seq.) with respect to
preparation of a relocation plan, relocation planning, advisory assistance, and payment of
monetary benefits. Borrower shall be solely responsible for payment of any relocation benefits
to any displaced persons and any other obligations associated with complying with such
relocation laws.
(b) Borrower shall indemnify, defend and hold harmless, (with counsel
reasonably acceptable to the County), the County and its board members, supervisors, directors,
officers, employees, agents, successors and assigns against any claim for damages,
compensation, fines, penalties, relocation payments or other amounts and expenses (including
reasonable attorneys' fees) arising out of the failure or alleged failure of any person or entity to
satisfy relocation obligations related to the acquisition of the Leasehold Interest and construction
of the Improvements. This obligation to indemnify survives termination of this Agreement,
repayment of the Loan and the reconveyance of the Deed of Trust.
Section 3.11 Equal Opportunity.
During the construction of the Improvements discrimination on the basis of race, color,
creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability
in the hiring, firing, promoting, or demoting of any person engaged in the construction work is
not allowed.
Section 3.12 Minority and Women-Owned Contractors.
Borrower shall use its best efforts to afford minority-owned and women-owned business
enterprises the maximum practicable opportunity to participate in the construction of the
Improvements. Borrower shall, at a minimum, notify applicable minority-owned and women-
owned business firms located in Contra Costa County of bid opportunities for the construction of
the Improvements. A listing of minority owned and women owned businesses located in the
County and neighboring counties is available from the County. Documentation of such
notifications must be maintained by Borrower and available to the County upon request.
Section 3.13 Progress Reports.
Until such time as Borrower has received a certificate of occupancy from the City for the
Development, Borrower shall provide the County with quarterly progress reports regarding the
status of the construction of the Improvements, including a certification that the actual
construction costs to date conform to the Approved Development Budget, as it may be amended
from time to time pursuant to Section 3.17 below.
Section 3.14 Construction Responsibilities.
(a) Borrower is responsible for the coordination and scheduling of the
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work to be performed so that commencement and completion of the construction of the
Improvements takes place in accordance with this Agreement.
(b) Borrower is solely responsible for all aspects of Borrower's conduct in
connection with the Development, including (but not limited to) the quality and suitability of the
plans and specifications, the supervision of construction work, and the qualifications, financial
condition, and performance of all architects, engineers, contractors, subcontractors, suppliers,
consultants, and property managers. Any review or inspection undertaken by the County with
reference to the Development is solely for the purpose of determining whether Borrower is
properly discharging its obligations to the County, and may not be relied upon by Borrower or by
any third parties as a warranty or representation by the County as to the quality of the design or
construction of the Improvements.
Section 3.15 Mechanics Liens, Stop Notices, and Notices of Completion.
(a) If any claim of lien is filed against the Leasehold Interest or the
Property or a stop notice affecting the Loan is served on the County or any other lender or other
third party in connection with the Development, then Borrower shall, within twenty (20) days
after such filing or service, either pay and fully discharge the lien or stop notice, effect the
release of such lien or stop notice by delivering to the County a surety bond in sufficient form
and amount, or provide the County with other assurance satisfactory to the County that the claim
of lien or stop notice will be paid or discharged.
(b) If Borrower fails to discharge any lien, encumbrance, charge, or claim
in the manner required in this Section, then in addition to any other right or remedy, the County
may (but is under no obligation to) discharge such lien, encumbrance, charge, or claim at
Borrower's expense. Alternately, the County may require Borrower to immediately deposit with
the County the amount necessary to satisfy such lien or claim and any costs, pending resolution
thereof. The County may use such deposit to satisfy any claim or lien that is adversely
determined against Borrower.
(c) Borrower shall file a valid notice of cessation or notice of completion
upon cessation of construction work on the Development for a continuous period of thirty (30)
days or more, and take all other steps necessary to forestall the assertion of claims of lien against
the Property or the Leasehold Interest. Borrower authorizes the County, but the County has no
obligation, to record any notices of completion or cessation of labor, or any other notice that the
County deems necessary or desirable to protect its interest in the Development.
Section 3.16 Inspections.
(a) Borrower shall permit and facilitate, and shall require its contractors
to permit and facilitate, observation and inspection at the Development by the County and by
public authorities during reasonable business hours during the Term, for the purposes of
determining compliance with this Agreement.
(b) The County may perform inspections both during and upon
completion of construction of the Development to determine if the Development is being
constructed in accordance with the PLHA Requirements and the HOME Regulations, including
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the property standards set forth in 24 C.F.R. 92.251. Borrower shall give the County notice
when the construction of the Development is complete. If the County determines the
Development is not being constructed in accordance with the HOME Regulations, the County
will provide Borrower with a written report of the deficiencies. Borrower shall correct such
deficiencies within the timeframe set forth in the notice provided to Borrower by the County.
The Development may not be occupied until such deficiencies have been corrected to the
satisfaction of the County.
Section 3.17 Approved Development Budget; Revisions to Budget.
As of the date of this Agreement, the County has approved the Approved Development
Budget set forth in Exhibit B. Borrower shall submit any required amendments to the Approved
Development Budget to the County for approval within five (5) days after the date Borrower
receives information indicating that actual costs of the Development vary or will vary from the
costs shown on the Approved Development Budget. Written consent of the County will be
required to amend the Approved Development Budget. In the event of a conflict between the
terms of the Approved Development Budget and the terms of the Loan Documents, the terms of
the Loan Documents will control.
Section 3.18 Developer Fee.
The maximum cumulative developer fee that may be paid to any entity or entities
providing development services to the Development, whether paid up front out of development
sources or on a deferred basis, is not to exceed the amount allowed by TCAC and as approved by
the County. For the purposes of this Agreement "Developer Fee" has the meaning set forth in
California Code of Regulations, Title 4, Section 10302(o). In no event may the amount of the
Developer Fee to be paid out of development sources exceed Three Million Six Hundred Eighty-
Five Thousand Dollars ($3,685,000). Any amount of Developer Fee that is not paid from
development sources prior to Permanent Conversion, must either be deferred and paid out of
Borrower's Share of Residual Receipts or contributed to the Development (the "Deferred
Developer Fee"). Notwithstanding the above, Borrower may retain and use the Local Lender's
Share of Residual Receipts to pay any Deferred Developer Fee, prior to disbursement of the
Local Lender's Share of Residual Receipts to the County and the City to repay the Loan and the
City Loan, until the earlier of the repayment in full of the Deferred Developer Fee or the
expiration of the Fifteen Year Compliance Period. After such time the Local Lender's Share of
Residual Receipts reverts back to the City and the County for repayment of the Loan and the
City Loan.
Section 3.19 Partnership Management/Asset Fee.
Prior to the expiration of the Fifteen Year Compliance Period, the Partnership
Management/Asset Fee is not to exceed Forty-Three Thousand Seven Hundred Ninety-Nine
Dollars ($43,799) per year in the aggregate, increasing by 3% annually starting in 2027. Such
amount is intended to represent the amount of Partnership Management/Asset Fee allowed by
HCD at Permanent Conversion. Unpaid Partnership Management Fees may accrue for a period
not to exceed three (3) fiscal years following the year during which they are earned. After the
expiration of the Fifteen Year Compliance Period, the Partnership/Asset Management Fee may
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continue but will convert to a Partnership/Asset Management Fee payable to the partners of
Borrower in an amount to be approved by the County.
Section 3.20 NEPA Mitigation Requirements.
Borrower shall comply with the NEPA mitigation requirements set forth in the attached
Exhibit C in the construction of the Improvements.
Section 3.21 Repayment of Sponsor Loans.
Loans from any member or affiliate of Borrower may only be repaid from Borrower's
Share of Residual Receipts.
ARTICLE 4 LOAN REQUIREMENTS
Section 4.1 Match Requirement.
The Borrower shall ensure that the Loan is matched with a minimum of Three Hundred Seventy-
Five Thousand Dollars ($375,000) in other, non-federal sources, pursuant to and eligible under
applicable HOME Regulations.
Section 4.2 Reserve Accounts.
(a) Replacement Reserve Account. Borrower shall establish and
maintain an account that is available for capital expenditures for repairs and replacement
necessary to maintain the Development in the condition required by the Loan Documents (the
"Replacement Reserve Account"). Commencing no later than Permanent Conversion, Borrower
shall make annual deposits to the Replacement Reserve Account in an amount equal to at least
the lesser of 0.6% of estimated construction costs associated with structures in the Development,
excluding construction contingency and general requirements, or Five Hundred Dollars ($500)
per unit.
(b) Operating Reserve Account. Borrower shall establish and maintain
an account that is available to fund operating deficits (which is the amount by which Annual
Operating Expenses exceed Gross Revenue for any period) (the "Operating Reserve Account").
Borrower shall capitalize the Operating Reserve Account on a monthly basis in the amount of
two percent (2%) of the gross rental income from the Development until the Operating Reserve
Account reaches an amount equal to three (3) months of Annual Operating Expenses (excluding
items in Section 1.1(d)(viii) and (xvii). Thereafter, the Operating Reserve Account must be
maintained to the extent of available cash flow at the level of three (3) months of Annual
Operating Expenses (excluding items in Section 1.1(d)(viii) and (xvii)) for the period during
which the Development is regulated by the County Regulatory Agreement. Notwithstanding the
above, that if Partnership Agreement or the documents evidencing the Permanent Loan require
the Operating Reserve Account to be capitalized and replenished in an greater amount, Borrower
shall capitalize and replenish the Operating Reserve Account as required by the Partnership
Agreement or the documents evidencing the Permanent Loan, as applicable, for as long as the
Partnership Agreement or the Permanent Loan, as applicable, is outstanding.
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Section 4.3 Financial Accountings and Post-Completion Audits.
(a) No later than ninety (90) days following completion of construction
of the Improvements, Borrower shall provide to the County for its review and approval a
financial accounting of all sources and uses of funds for the Development.
(b) No later than one hundred twenty (120) days after Permanent
Conversion, Borrower shall submit an audited financial report showing the sources and uses of
all funds utilized for the Development. This requirement may be satisfied by providing the Final
Cost Certification to the County. "Final Cost Certification" means the Final Cost Certification
Sources and Uses of Funds prepared by Borrower for the Development that: (i) Borrower
submits to TCAC; and (ii) has been prepared using generally accepted accounting standards in
effect in the United States of America from time to time, consistently applied.
Section 4.4 Approval of Annual Operating Budget.
Borrower shall provide the following to the County for its review and approval: (i) by not
later than sixty (60) days prior to commencement of each Development Fiscal Year for the Term,
the estimated annual budget for the upcoming Development Fiscal Year for the operations of the
Development which shall include projected income from all sources, projected expenses,
including operating expenses, debt service, and deposits to and withdrawals from Development
reserves (the "Annual Operating Budget"); and (ii) within ninety (90) days following the end of
each Development Fiscal Year, a report showing the actual income and expenditures with respect
to the Development for the immediately preceding Development Fiscal Year and the status of
Development reserves. The County's review shall be limited to whether the Development is
being operated and managed in accordance with the requirements and standards of the Loan
Documents. The County may request additional information to assist the County in evaluating
the financial viability of the Development. Unless rejected by the County in writing within thirty
(30) days after receipt of the budget, the budget will be deemed accepted. If rejected by the
County in whole or in part, Borrower shall submit a new or corrected budget within thirty (30)
calendar days after notification of the County's rejection and the reasons therefor. The
provisions of this Section relating to time periods for resubmission of new or corrected budgets
will continue to apply until such budget has been approved by the County.
Section 4.5 Information.
Borrower shall provide any information reasonably requested by the County in
connection with the Development, including (but not limited to) any information required by
HUD and HCD in connection with Borrower's use of the Loan funds.
Section 4.6 County Audits.
(a) Each year, Borrower shall provide the County with a copy of
Borrower's annual audit, which is to include information on all of Borrower's activities and not
just those pertaining to the Development.
(b) In addition, the County and HCD may, at any time, audit all of
Borrower's books, records, and accounts pertaining to the Development including but not limited
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to the Residual Receipts of the Development. Any such audit is to be conducted during normal
business hours upon reasonable notice of not less than 48 hours at the principal place of business
of Borrower and wherever records are kept. Immediately after the completion of an audit, the
County shall deliver a copy of the results of the audit to Borrower.
(c) If it is determined as a result of an audit that there has been a
deficiency in a loan repayment to the County then such deficiency will become immediately due
and payable, with interest at the Default Rate from the date the deficient amount should have
been paid. In addition, if the audit determines that Residual Receipts have been understated for
any year by the greater of: (i) Two Thousand Five Hundred Dollars ($2,500); and (ii) an amount
that exceeds five percent (5%) of the Residual Receipts, then, in addition to paying the
deficiency with interest, Borrower shall pay all of the County's costs and expenses connected
with the audit and review of Borrower's accounts and records.
Section 4.7 Hazardous Materials.
(a) Borrower shall keep and maintain the Development (including but not
limited to, soil and ground water conditions) in compliance with all Hazardous Materials Laws
and may not cause or permit the Development to be in violation of any Hazardous Materials
Law. Borrower may not cause or permit the use, generation, manufacture, storage or disposal of
on, under, or about the Development or transportation to or from the Development of any
Hazardous Materials, except such of the foregoing as may be customarily used in construction of
projects like the Development or kept and used in and about residential property of this type.
(b) Borrower shall immediately advise the County in writing if at any
time it receives written notice of any Hazardous Materials Claims, and Borrower's discovery of
any occurrence or condition on any real property adjoining or in the vicinity of the Development
that could cause the Development or any part thereof to be subject to any restrictions on the
ownership, occupancy, transferability or use of the Development under any Hazardous Materials
Law including but not limited to the provisions of California Health and Safety Code, Section
25220 et seq., or any regulation adopted in accordance therewith.
(c) The County has the right to join and participate in, as a party if it so
elects, and be represented by counsel acceptable to the County (or counsel of its own choice if a
conflict exists with Borrower) in any legal proceedings or actions initiated in connection with
any Hazardous Materials Claims and to have its reasonable attorneys' fees in connection
therewith paid by Borrower.
(d) Borrower shall indemnify and hold harmless the County and its board
members, supervisors, directors, officers, employees, agents, successors and assigns from and
against any loss, damage, cost, fine, penalty, judgment, award, settlement, expense or liability,
directly or indirectly arising out of or attributable to: (i) any actual or alleged past or present
violation of any Hazardous Materials Law; (ii) any Hazardous Materials Claim; (iii) any actual
or alleged past or present use, generation, manufacture, storage, release, threatened release,
discharge, disposal, transportation, or presence of Hazardous Materials on, under, or about the
Development; (iv) any investigation, cleanup, remediation, removal, or restoration work of site
conditions of the Property relating to Hazardous Materials (whether on the Development or any
other property); and (v) the breach of any representation of warranty by or covenant of Borrower
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in this Section 4.7, and Section 5.1(l). Such indemnity shall include, without limitation: (x) all
consequential damages; (y) the costs of any required or necessary investigation, repair, cleanup
or detoxification of the Development and the preparation and implementation of any closure,
remedial or other required plans; and (z) all reasonable costs and expenses incurred by the
County in connection with clauses (x) and (y), including but not limited to reasonable attorneys'
fees and consultant fees. This indemnification applies whether or not any government agency
has issued a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this
indemnification provision include, but are not limited to: (1) losses attributable to diminution in
the value of the Development, (2) loss or restriction of use of rentable space on the Development,
(3) adverse effect on the marketing of any rental space on the Development, and (4) penalties
and fines levied by, and remedial or enforcement actions of any kind issued by any regulatory
agency (including but not limited to the costs of any required testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties). This obligation
to indemnify survives termination of this Agreement, repayment of the Loan and the
reconveyance of the Deed of Trust, and will not be diminished or affected in any respect as a
result of any notice, disclosure, knowledge, if any, to or by the County of Hazardous Materials.
(e) Without the County's prior written consent, which will not be
unreasonably withheld or delayed, Borrower may not take any remedial action in response to the
presence of any Hazardous Materials on, under or about the Development, nor enter into any
settlement agreement, consent decree, or other compromise in respect to any Hazardous Material
Claims, which remedial action, settlement, consent decree or compromise might, in the County's
judgment, impair the value of the County's security hereunder; provided, however, that the
County's prior consent is not necessary in the event that the presence of Hazardous Materials on,
under, or about the Development either poses an immediate threat to the health, safety or welfare
of any individual or is of such a nature that an immediate remedial response is necessary and it is
not reasonably possible to obtain the County's consent before taking such action, provided that in
such event Borrower shall notify the County as soon as practicable of any action so taken. The
County agrees not to withhold its consent, where such consent is required hereunder, if: (i) a
particular remedial action is ordered by a court of competent jurisdiction; (ii) Borrower will or
may be subjected to civil or criminal sanctions or penalties if it fails to take a required action;
(iii) Borrower establishes to the satisfaction of the County that there is no reasonable alternative
to such remedial action which would result in less impairment of the County's security
hereunder; or (iv) the action has been agreed to by the County.
(f) Borrower hereby acknowledges and agrees that: (i) this Section is
intended as the County's written request for information (and Borrower's response) concerning
the environmental condition of the Development as required by California Code of Civil
Procedure Section 726.5; and (ii) each representation and warranty in this Agreement (together
with any indemnity obligation applicable to a breach of any such representation and warranty)
with respect to the environmental condition of the Development is intended by the Parties to be
an "environmental provision" for purposes of California Code of Civil Procedure Section 736.
(g) In the event that any portion of the Development is determined to be
"environmentally impaired" (as that term is defined in California Code of Civil Procedure
Section 726.5(e)(3)) or to be an "affected parcel" (as that term is defined in California Code of
Civil Procedure Section 726.5(e)(1)), then, without otherwise limiting or in any way affecting the
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County's or the trustee's rights and remedies under the Deed of Trust, the County may elect to
exercise its rights under California Code of Civil Procedure Section 726.5(a) to: (i) waive its
lien on such environmentally impaired or affected portion of the Development; and (ii) exercise,
(1) the rights and remedies of an unsecured creditor, including reduction of its claim against
Borrower to judgment, and (2) any other rights and remedies permitted by law. For purposes of
determining the County's right to proceed as an unsecured creditor under California Code of
Civil Procedure Section 726.5(a), Borrower will be deemed to have willfully permitted or
acquiesced in a release or threatened release of Hazardous Materials, within the meaning of
California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of
Hazardous Materials was knowingly or negligently caused or contributed to by any lessee,
occupant, or user of any portion of the Development and Borrower knew or should have known
of the activity by such lessee, occupant, or user which caused or contributed to the release or
threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred
by the County in connection with any action commenced under this paragraph, including any
action required by California Code of Civil Procedure Section 726.5(b) to determine the degree
to which the Development is environmentally impaired, plus interest thereon at the Default Rate,
until paid, will be added to the indebtedness secured by the Deed of Trust and is due and payable
to the County upon its demand made at any time following the conclusion of such action.
Section 4.8 Maintenance; Damage and Destruction.
(a) During the course of both construction and operation of the
Development, Borrower shall maintain the Development in good repair and in a neat, clean and
orderly condition, reasonable wear and tear accepted and in accordance with the Regulatory
Agreement.
(b) Subject to the requirements of senior lenders, and if economically
feasible in the County's judgment after consultation with Borrower, if any improvement now or
in the future on the Property is damaged or destroyed, then Borrower shall, at its cost and
expense, diligently undertake to repair or restore such improvement consistent with the plans and
specifications approved by the County with such changes as have been approved by the County.
Such work or repair is to be commenced no later than the later of one hundred twenty (120) days,
or such longer period approved by the County in writing, after the damage or loss occurs or thirty
(30) days following receipt of the insurance or condemnation proceeds, and is to be complete
within one (1) year thereafter. Any insurance or condemnation proceeds collected for such
damage or destruction are to be applied to the cost of such repairs or restoration and, if such
insurance or condemnation proceeds are insufficient for such purpose, then Borrower shall make
up the deficiency. If Borrower does not promptly make such repairs then any insurance or
condemnation proceeds collected for such damage or destruction are to be promptly delivered by
Borrower to the County as a special repayment of the Loan, subject to the rights of the senior
lenders, if any.
Section 4.9 Fees and Taxes.
Borrower is solely responsible for payment of all fees, assessments, taxes, charges, and
levies imposed by any public authority or utility company with respect to the Development, and
shall pay such charges prior to delinquency and at such times and in such manner as to prevent
any penalty from accruing, or any lien or charge from attaching to the Development. Borrower
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is also solely responsible for payment of all personal property taxes, and all franchise, income,
employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable
by it, and shall pay such charges prior to delinquency and at such times and in such manner as to
prevent any penalty from accruing, or any lien or charge from attaching to the Development.
However, Borrower is not required to pay and discharge any such charge so long as: (i)
the legality thereof is being contested diligently and in good faith and by appropriate
proceedings; and (ii) if requested by the County, Borrower deposits with the County any funds or
other forms of assurance that the County in good faith from time to time determines appropriate
to protect the County from the consequences of the contest being unsuccessful.
In the event Borrower exercises its right to contest any tax, assessment, or charge against
it, Borrower, on final determination of the proceeding or contest, will immediately pay or
discharge any decision or judgment rendered against it, together with all costs, charges and
interest.
Borrower shall not apply for a property tax exemption for the Development under any
provision of law except California Revenue and Taxation Section 214(g) without the prior
written consent of the County.
Section 4.10 Notices.
Borrower shall promptly notify the County in writing of any and all of the following:
(a) Any litigation known to Borrower materially affecting Borrower, or
the Development and of any claims or disputes that involve a material risk of litigation;
(b) Any written or oral communication Borrower receives from any
governmental, judicial, or legal authority giving notice of any claim or assertion that the
Development fails in any respect to comply with any applicable governmental law;
(c) Any material adverse change in the physical condition of the
Development (including any damage suffered as a result of fire, earthquakes, or floods);
(d) Any material adverse change in Borrower's financial condition, any
material adverse change in Borrower's operations, or any change in the management of
Borrower;
(e) That any of the statements in Section 5.1(l) regarding Hazardous
Materials are no longer accurate;
(f) Any Default or event which, with the giving of notice or the passage
of time or both, would constitute a Default; and
(g) Any other circumstance, event, or occurrence that results in a material
adverse change in Borrower's ability to timely perform any of its obligations under any of the
Loan Documents.
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Section 4.11 Operation of Development as Affordable Housing.
Borrower shall operate the Development (i) in accordance with all applicable laws, codes,
ordinances, rules and regulations of federal, state, county or municipal governments or agencies
now in force or that may be enacted hereafter, and (ii) as an affordable housing development
consistent with: (1) HUD's requirements for use of HOME Funds; (2) the PLHA Requirements;
(3) the Regulatory Agreement; (4) any other regulatory requirements imposed on Borrower
including but not limited to Regulatory Agreement associated with the City LMIHF Loan, HCD
AHSC Loan, and Low Income Housing Tax Credits provided by TCAC; and (5) any regulatory
requirements imposed on Borrower related to the rental subsidies provided to the Development.
Section 4.12 Nondiscrimination.
(a) Borrower covenants by and for itself and its successors and assigns
that there will be no discrimination against or segregation of a person or of a group of persons on
account of race, color, creed, religion, sex, sexual orientation, marital status, national origin,
source of income (e.g., SSI), ancestry, age, familial status (except for lawful senior housing in
accordance with state and federal law), or disability, in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Development, nor may Borrower or any person claiming
under or through Borrower establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the Development. The foregoing covenant will run
with the land.
(b) Nothing in this Section prohibits Borrower from requiring the
County-Assisted Units in the Development to be available to and occupied by income eligible
households in accordance with the Regulatory Agreement.
Section 4.13 Insurance Requirements.
(a) Borrower shall maintain the following insurance coverage throughout
the Term of the Loan:
(i) Workers' Compensation insurance to the extent required by law,
including Employer's Liability coverage, with limits not less than One Million Dollars
($1,000,000) each accident.
(ii) Commercial General Liability insurance with limits not less than
Two Million Dollars ($2,000,000) each occurrence combined single limit for Bodily Injury and
Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform
Property Damage, Products and Completed Operations (which limits may be met through
excess/umbrella coverage in the amount of $15,000,000).
(iii) Automobile Liability insurance with limits not less than One
Million Dollars ($1,000,000) each occurrence combined single limit for Bodily Injury and
Property Damage, including coverages for owned, non-owned and hired vehicles, as applicable.
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(iv) Builders' Risk insurance during the course of construction, and
upon completion of construction, property insurance covering the Development, in form
appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for
one hundred percent (100%) of the replacement value, with deductible, if any, acceptable to the
County, naming the County as a Loss Payee, as its interests may appear. Flood insurance must
be obtained if required by applicable federal regulations.
(v) Commercial crime insurance covering all officers and employees,
for loss of Loan proceeds caused by dishonesty, in an amount approved by the County, naming
the County a Loss Payee, as its interests may appear.
(b) Borrower shall cause any general contractor, agent, or subcontractor
working on the Development under direct contract with Borrower or subcontract to maintain
insurance of the types and in at least the minimum amounts described in subsections (i), (ii), and
(iii) above, except that the limit of liability for commercial general liability insurance for
subcontractors must be One Million Dollars ($1,000,000), and must require that such insurance
will meet all of the general requirements of subsections (d) and (e) below.
(c) The required insurance must be provided under an occurrence form,
and Borrower shall maintain the coverage described in subsection (a) continuously throughout
the Term. Should any of the required insurance be provided under a form of coverage that
includes an annual aggregate limit or provides that claims investigation or legal defense costs be
included in such annual aggregate limit, such annual aggregate limit must be three times the
occurrence limits specified above.
(d) Commercial General Liability, Automobile Liability and Property
insurance policies must be endorsed to name as an additional insured the County and its officers,
agents, employees and members of the County Board of Supervisors.
(e) All policies and bonds are to contain: (i) the agreement of the insurer
to give the County at least ten (10) days' notice prior to cancellation or material change for non-
payment of premium, and thirty (30) days' notice prior to cancellation for any other change or
cancellation in said policies; (ii) an agreement that such policies are primary and
non-contributing with any insurance that may be carried by the County; (iii) a provision that no
act or omission of Borrower shall affect or limit the obligation of the insurance carrier to pay the
amount of any loss sustained; and (iv) a waiver by the insurer of all rights of subrogation against
the County and its authorized parties in connection with any loss or damage thereby insured
against.
Section 4.14 Covenants Regarding Approved Financing and Partnership
Agreement.
(a) Borrower shall promptly pay the principal and interest when due on
any Approved Financing.
(b) Borrower shall promptly notify the County in writing of the existence
of any default under any documents evidencing Approved Financing whether or not a default has
been declared by the lender, and any defaults under the Partnership Agreement, and provide the
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County copies of any notice of default.
(c) Borrower may not amend, modify, supplement, cancel or terminate
the Partnership Agreement or any documents related to any loan that is part of the Approved
Financing without the prior written consent of the County except for amendments solely to
effectuate Transfers permitted under Section 6.1 of the Regulatory Agreement. Borrower shall
provide the County copies of all amendments, modifications, and supplements to the Partnership
Agreement and any document related to any loan that is part of Approved Financing.
(d) Borrower may not incur any indebtedness of any kind other than
Approved Financing or encumber the Development with any liens (other than liens for Approved
Financing approved by the County) without the prior written consent of the County.
(e) To the extent the Partnership Agreement is inconsistent with this
Agreement with respect to the repayment of the Loan including, without limitation, the Residual
Receipts definition and the payment provisions of Section 2.8 above, this Agreement will
control. Any payments made in conflict with the Residual Receipts definition and payment
requirements of this Agreement will be considered an Event of Default.
Section 4.15 Covenants Regarding the Ground Lease.
Borrower hereby covenants and agrees, as to the Ground Lease:
(a) To promptly pay, when due and payable, any rent, taxes and all other
sums and charges mentioned in and made payable pursuant to the Ground Lease.
(b) To promptly perform and observe all of the terms, covenants and
conditions required to be performed and observed by Borrower as lessee under the Ground
Lease, within the period provided in the Ground Lease, or such lesser periods as are provided in
the Loan Documents, and to do all things necessary to preserve and to keep unimpaired its rights
under the Ground Lease. Borrower specifically acknowledges the County's right, while any
default by Borrower under any Ground Lease remains uncured, to perform the defaulted
obligations and take all other actions which the County reasonably deems necessary to protect its
interests with respect thereto.
(c) To preserve at all times the full term and enforceability of the Ground
Lease, and not to release, forego, alter, amend, cancel, surrender, or materially modify its rights
under the Ground Lease, or exercise any rights it may have to voluntarily terminate the Ground
Lease, or permit any termination material modification or surrender of the Ground Lease without
the County's prior written consent.
(d) To (i) promptly notify the County in writing of the receipt by
Borrower of any notice from BART and of any notice noting or claiming any default by
Borrower in the performance or observance of any of the terms, covenants or conditions on the
part of the Borrower to be performed or observed under the Ground Lease; (ii) promptly notify
the County in writing of the receipt by Borrower of any notice from BART to Borrower of
termination of the Ground Lease pursuant to the provisions of the Ground Lease; (iii) promptly
cause a copy of each such notice received by Borrower from BART to be delivered to the
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County; provided, however, that no such delivery by Borrower to the County of any such notices
shall be deemed to waive, release, or modify any obligation of BART to separately provide such
notice to the County pursuant to the terms of the Ground Lease; and (iv) promptly notify the
County in writing of any default by BART in the performance or observance of any of the terms,
covenants or conditions on the part of BART to be performed or observed.
(e) To, within thirty (30) days after written demand from the County,
obtain from BART and deliver to the County a certificate stating that the Ground Lease is in full
force and effect, is unmodified, that no notice of termination thereon has been served on
Borrower, stating that to BART's knowledge no default or event which with notice or lapse of
time (or both) would become a default is existing under the Ground Lease (or specifying the
nature of any defaults or events which with notice or lapse of time, or both, would become a
default under the Ground Lease), stating the date to which net rent has been paid, and containing
such other statements and representations as may be requested by the County.
ARTICLE 5 REPRESENTATIONS AND
WARRANTIES OF BORROWER
Section 5.1 Representations and Warranties.
Borrower hereby represents and warrants to the County as follows and acknowledges,
understands, and agrees that the representations and warranties set forth in this Article 5 are
deemed to be continuing during all times when any portion of the Loan remains outstanding:
(a) Organization. Borrower is duly organized, validly existing and in
good standing under the laws of the State of California and has the power and authority to own
its property and carry on its business as now being conducted.
(b) Authority of Borrower. Borrower has full power and authority to
execute and deliver this Agreement and to make and accept the borrowings contemplated
hereunder, to execute and deliver the Loan Documents and all other documents or instruments
executed and delivered, or to be executed and delivered, pursuant to this Agreement, and to
perform and observe the terms and provisions of all of the above.
(c) Authority of Persons Executing Documents. This Agreement and the
Loan Documents and all other documents or instruments executed and delivered, or to be
executed and delivered, pursuant to this Agreement have been executed and delivered by persons
who are duly authorized to execute and deliver the same for and on behalf of Borrower, and all
actions required under Borrower's organizational documents and applicable governing law for
the authorization, execution, delivery and performance of this Agreement and the Loan
Documents and all other documents or instruments executed and delivered, or to be executed and
delivered, pursuant to this Agreement, have been duly taken.
(d) Valid Binding Agreements. The Loan Documents and all other
documents or instruments executed and delivered pursuant to or in connection with this
Agreement constitute or, if not yet executed or delivered, will when so executed and delivered
constitute, legal, valid and binding obligations of Borrower enforceable against it in accordance
with their respective terms.
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(e) No Breach of Law or Agreement. Neither the execution nor delivery
of the Loan Documents or of any other documents or instruments executed and delivered, or to
be executed or delivered, pursuant to this Agreement, nor the performance of any provision,
condition, covenant or other term hereof or thereof, will: (i) conflict with or result in a breach of
any statute, rule or regulation, or any judgment, decree or order of any court, board, commission
or agency whatsoever that is binding on Borrower, or conflict with any provision of the
organizational documents of Borrower, or conflict with any agreement to which Borrower is a
party; or (ii) result in the creation or imposition of any lien upon any assets or property of
Borrower, other than liens established pursuant hereto.
(f) Compliance with Laws; Consents and Approvals. The construction of
the Improvements will comply with all applicable laws, ordinances, rules and regulations of
federal, state and local governments and agencies and with all applicable directions, rules and
regulations of the fire marshal, health officer, building inspector and other officers of any such
government or agency.
(g) Pending Proceedings. Borrower is not in default under any law or
regulation or under any order of any court, board, commission or agency whatsoever, and there
are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened
against or affecting Borrower or the Development, at law or in equity, before or by any court,
board, commission or agency whatsoever which might, if determined adversely to Borrower,
materially affect Borrower's ability to repay the Loan or impair the security to be given to the
County pursuant hereto.
(h) Title to Land. At the time of recordation of the Deed of Trust,
Borrower will have good and marketable fee title to the Development and there will exist thereon
or with respect thereto no mortgage, lien, pledge or other encumbrance of any character
whatsoever other than liens shown on the County's title policy provided pursuant to Section 2.6
above, or approved in writing by the County.
(i) Financial Statements. The financial statements of Borrower and other
financial data and information furnished by Borrower to the County fairly and accurately present
the information contained therein. As of the date of this Agreement, there has not been any
material adverse change in the financial condition of Borrower from that shown by such financial
statements and other data and information.
(j) Sufficient Funds. Borrower holds sufficient funds and/or binding
commitments for sufficient funds to complete the acquisition of the Leasehold Interest and the
construction of the Improvements in accordance with the terms of this Agreement.
(k) Taxes. Borrower and its subsidiaries have filed all federal and other
material tax returns and reports required to be filed, and have paid all federal and other material
taxes, assessments, fees and other governmental charges levied or imposed upon them or their
income or the Development otherwise due and payable, except those that are being contested in
good faith by appropriate proceedings and for which adequate reserves have been provided in
accordance with generally accepted accounting principles. There is no proposed tax assessment
against Borrower or any of its subsidiaries that could, if made, be reasonably expected to have a
material adverse effect on the property, liabilities (actual or contingent), operations, condition
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(financial or otherwise) or prospects of Borrower and its subsidiaries, taken as a whole, or which
could result in (i) a material impairment of the ability of Borrower to perform under any loan
document to which it is a party, or (ii) a material adverse effect upon the legality, validity,
binding effect or enforceability against Borrower of any Loan Document.
(l) Hazardous Materials. To the best of Borrower's knowledge, except as
disclosed in writing by Borrower to the County prior to the date of this Agreement: (i) no
Hazardous Material has been disposed of, stored on, discharged from, or released to or from, or
otherwise now exists in, on, under, or around, the Development; (ii) neither the Development
nor Borrower is in violation of any Hazardous Materials Law; and (iii) neither the Development
nor Borrower is subject to any existing, pending or threatened Hazardous Materials Claims.
(m) Compliance with the Ground Lease. Borrower hereby represents
and warrants that: (i) the Ground Lease is unmodified and is in full force and effect; (ii) all rents
and other charges to be paid by Borrower as lessee under the Ground Lease are current; (iii)
Borrower is not in default under any of the provisions of the Ground Lease and no circumstances
exist which would constitute a default by Borrower under the Ground Lease or would otherwise
permit BART to cancel, terminate or otherwise limit the Ground Lease in any manner; (iv)
Borrower is not aware of any default by BART under the Ground Lease or the existence of
circumstances which would constitute a default by the City under the Ground Lease; (v)
Borrower's interest in the Ground Lease is not subject to any liens or encumbrances except as
previously disclosed to the County in writing; and (vi) Borrower owns and holds the Ground
Lease and the entire leasehold estate created by the Ground Lease and has the right under the
Ground Lease or has received all appropriate consents required in order for Borrower to execute
the Loan Documents.
ARTICLE 6 DEFAULT AND REMEDIES
Section 6.1 Events of Default.
Any one or more of the following constitutes an "Event of Default" by Borrower under
this Agreement:
(a) Failure to Construct. If Borrower fails to obtain permits, or to
commence and prosecute construction of the Improvements to completion, within the times set
forth in Article 3 above, subject to the force majeure provisions of Section 7.14 below.
(b) Failure to Make Payment. If Borrower fails to make any payment
when such payment is due pursuant to the Loan Documents.
(c) Failure to Submit Plans. If Borrower fails to submit a Marketing
Plan, Tenant Selection Plan, or Technology Plan that is approved by the County in accordance
with the Regulatory Agreement.
(d) Breach of Covenants. If Borrower fails to duly perform, comply with,
or observe any other condition, term, or covenant contained in this Agreement (other than as set
forth in Section 6.1(a) through Section 6.1(c), and Section 6.1(e) through Section 6.1(n)), or in
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any of the other Loan Documents, and Borrower fails to cure such default within thirty (30) days
after receipt of written notice thereof from the County to Borrower.
(e) Default Under Other Loans. If a default is declared under any other
financing for the Development by the lender of such financing and such default remains uncured
following any applicable notice and cure period.
(f) Insolvency. If a court having jurisdiction makes or enters any decree
or order: (i) adjudging Borrower to be bankrupt or insolvent; (ii) approving as properly filed a
petition seeking reorganization of Borrower, or seeking any arrangement for Borrower under the
bankruptcy law or any other applicable debtor's relief law or statute of the United States or any
state or other jurisdiction; (iii) appointing a receiver, trustee, liquidator, or assignee of Borrower
in bankruptcy or insolvency or for any of their properties; (iv) directing the winding up or
liquidation of Borrower if any such decree or order described in clauses (i) to (iv), inclusive, is
unstayed or undischarged for a period of ninety (90) calendar days; or (v) Borrower admits in
writing its inability to pay its debts as they fall due or will have voluntarily submitted to or filed
a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive. The
occurrence of any of the Events of Default in this paragraph will act to accelerate automatically,
without the need for any action by the County, the indebtedness evidenced by the Note.
(g) Assignment; Attachment. If Borrower assigns its assets for the benefit
of its creditors or suffers a sequestration or attachment of or execution on any substantial part of
its property, unless the property so assigned, sequestered, attached or executed upon is returned
or released within ninety (90) calendar days after such event or, if sooner, prior to sale pursuant
to such sequestration, attachment, or execution. The occurrence of any of the events of default in
this paragraph shall act to accelerate automatically, without the need for any action by the
County, the indebtedness evidenced by the Note.
(h) Suspension; Termination. If Borrower voluntarily suspends its
business or, the partnership is dissolved or terminated, other than a technical termination of the
partnership for tax purposes.
(i) Liens on the Development. If any claim of lien (other than liens
allowed pursuant to any Loan Document or approved in writing by the County) is filed against
the Development or any part thereof, or any interest or right made appurtenant thereto, or the
service of any notice to withhold proceeds of the Loan and the continued maintenance of said
claim of lien or notice to withhold for a period of twenty (20) days, without discharge or
satisfaction thereof or provision therefor (including, without limitation, the posting of bonds)
satisfactory to the County.
(j) Condemnation. If there is a condemnation, seizure, or appropriation
of all or the substantial part of the Property or the Development other than by the County.
(k) Unauthorized Transfer. If any Transfer occurs other than as permitted
pursuant to Section 6.1 of the Regulatory Agreement.
(l) Representation or Warranty Incorrect. If any Borrower representation
or warranty contained in this Agreement, or in any application, financial statement, certificate, or
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report submitted to the County in connection with any of the Loan Documents, proves to have
been incorrect in any material respect when made.
(m) Ground Lease Default. If Borrower fails to comply with any term or
condition of the Ground Lease or a default or an event of default occurs under the Ground Lease
(subject to any notice and cure rights contained in the Ground Lease).
(n) Ground Lease Termination. If any event or circumstance occurs
which gives BART the right to terminate the Ground Lease and BART delivers written notice to
Borrower of its intention to terminate the Ground Lease.
(o) Applicability to General Partner. The occurrence of any of the events
set forth in Section 6.1(f), through Section 6.1(h) in relation to either of Borrower's general
partners, unless the removal and replacement of the general partner in accordance with Section
6.1(f) of the Regulatory Agreement within the time frame set forth in Section 6.5 cures such a
default.
Section 6.2 Remedies.
Upon the occurrence of an Event of Default and until such Event of Default is cured or
waived, the County is relieved of any obligation to disburse any portion of the Loan. In addition,
upon the occurrence of an Event of Default and following the expiration of all applicable notice
and cure periods the County may proceed with any and all remedies available to it under law,
this Agreement, and the other Loan Documents. Such remedies include but are not limited to the
following:
(a) Acceleration of Note. The County may cause all indebtedness of
Borrower to the County under this Agreement and the Note, together with any accrued interest
thereon, to become immediately due and payable. Borrower waives all right to presentment,
demand, protest or notice of protest or dishonor. The County may proceed to enforce payment of
the indebtedness and to exercise any or all rights afforded to the County as a creditor and secured
party under the law including the Uniform Commercial Code, including foreclosure under the
Deed of Trust. Borrower is liable to pay the County on demand all reasonable expenses, costs
and fees (including, without limitation, reasonable attorney's fees and expenses) paid or incurred
by the County in connection with the collection of the Loan and the preservation, maintenance,
protection, sale, or other disposition of the security given for the Loan.
(b) Specific Performance. The County has the right to mandamus or
other suit, action or proceeding at law or in equity to require Borrower to perform its obligations
and covenants under the Loan Documents or to enjoin acts on things that may be unlawful or in
violation of the provisions of the Loan Documents.
(c) Right to Cure at Borrower's Expense. The County has the right (but
not the obligation) to cure any monetary default by Borrower under a loan other than the Loan.
Upon demand therefor, Borrower shall reimburse the County for any funds advanced by the
County to cure such monetary default by Borrower, together with interest thereon from the date
of expenditure until the date of reimbursement at the Default Rate.
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Section 6.3 Right of Contest.
Borrower may contest in good faith any claim, demand, levy, or assessment the assertion
of which would constitute an Event of Default hereunder. Any such contest is to be prosecuted
diligently and in a manner unprejudicial to the County or the rights of the County hereunder.
Section 6.4 Remedies Cumulative.
No right, power, or remedy given to the County by the terms of this Agreement or the
other Loan Documents is intended to be exclusive of any other right, power, or remedy; and each
and every such right, power, or remedy is cumulative and in addition to every other right, power,
or remedy given to the County by the terms of any such instrument, or by any statute or
otherwise against Borrower and any other person. Neither the failure nor any delay on the part
of the County to exercise any such rights and remedies will operate as a waiver thereof, nor does
any single or partial exercise by the County of any such right or remedy preclude any other or
further exercise of such right or remedy, or any other right or remedy.
Section 6.5 Notice and Cure Rights of Limited Partner.
The County shall provide the Investor Limited Partner and any limited partner of
Borrower who has requested written notice from the County ("Permitted Limited Partner") a
duplicate copy of all notices of default that the County may give to or serve in writing upon
Borrower pursuant to the terms of the Loan Documents, at the address set forth in Section 7.9,
provided, the County shall have no liability to the Permitted Limited Partner for its failure to do so.
The Permitted Limited Partner has the right, but not the obligation, to cure any default of Borrower
set forth in such notice, during the applicable cure period described in the Loan Documents, and the
County will accept tender of such cure as if delivered by Borrower. If the Permitted Limited
Partner is unable to cure a default because Borrower's general partner is in bankruptcy and/or
because the cure requires removal of the general partner of Borrower and the Permitted Limited
Partner is proceeding diligently to remove the general partner of Borrower in order to effect a
cure of the Default, the cure period will be extended for such reasonable time as is necessary for
the Permitted Limited Partner to effect a cure of the Default, but in no event longer than sixty (60)
days after the date of receipt by the Permitted Limited Partner of written notice of the default.
ARTICLE 7 GENERAL PROVISIONS
Section 7.1 Relationship of Parties.
Nothing contained in this Agreement is to be interpreted or understood by any of the
Parties, or by any third persons, as creating the relationship of employer and employee, principal
and agent, limited or general partnership, or joint venture between the County and Borrower or
its agents, employees or contractors, and Borrower will at all times be deemed an independent
contractor and to be wholly responsible for the manner in which it or its agents, or both, perform
the services required of it by the terms of this Agreement. Borrower has and retains the right to
exercise full control of employment, direction, compensation, and discharge of all persons
assisting in the performance of services under the Agreement. In regards to the construction and
operation of the Development, Borrower is solely responsible for all matters relating to payment
42
863\119\4072096.2
of its employees, including compliance with Social Security, withholding, and all other laws and
regulations governing such matters, and must include requirements in each contract that
contractors are solely responsible for similar matters relating to their employees. Borrower is
solely responsible for its own acts and those of its agents and employees.
Section 7.2 No Claims.
Nothing contained in this Agreement creates or justifies any claim against the County by
any person that Borrower may have employed or with whom Borrower may have contracted
relative to the purchase of materials, supplies or equipment, or the furnishing or the performance
of any work or services with respect to the purchase of the Leasehold Interest, the construction of
the Improvements or operation of the Development, and Borrower shall include similar
requirements in any contracts entered into for the construction of the Improvements or operation
of the Development.
Section 7.3 Amendments.
No alteration or variation of the terms of this Agreement is valid unless made in writing
by the Parties. The County Director of the Department of Conservation and Development is
authorized to execute on behalf of the County amendments to the Loan Documents or amended
and restated Loan Documents as long as any discretionary change in the amount or terms of this
Agreement is approved by the County's Board of Supervisors.
Section 7.4 Indemnification.
Borrower shall indemnify, defend and hold the County and its board members,
supervisors, directors, officers, employees, agents, successors and assigns harmless against any
and all claims, suits, actions, losses and liability of every kind, nature and description made
against it and expenses (including reasonable attorneys' fees) which arise out of or in connection
with this Agreement, including but not limited to the acquisition of the Leasehold Interest and
the development, construction, marketing and operation of the Development, except to the extent
such claim arises from the gross negligence or willful misconduct of the County, its agents, and
its employees. This obligation to indemnify survives termination of this Agreement, repayment
of the Loan, and the reconveyance of the Deed of Trust.
Section 7.5 Non-Liability of County Officials, Employees and Agents.
No member, official, employee or agent of the County is personally liable to Borrower in
the event of any default or breach of this Agreement by the County or for any amount that may
become due from the County pursuant to this Agreement.
Section 7.6 No Third Party Beneficiaries.
There are no third party beneficiaries to this Agreement.
Section 7.7 Discretion Retained by County.
The County's execution of this Agreement in no way limits any discretion the County
43
863\119\4072096.2
may have in the permit and approval process related to the construction of the Improvements.
Section 7.8 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no
person described in Section 7.8(b) below who exercises or has exercised any functions or
responsibilities with respect to the activities funded pursuant to this Agreement or who is in a
position to participate in a decision-making process or gain inside information with regard to
such activities, may obtain a financial interest or benefit from the activity, or have a financial
interest in any contract, subcontract or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have immediate family or business
ties, during, or at any time after, such person's tenure. Borrower shall exercise due diligence to
ensure that the prohibition in this Section 7.8(a) is followed.
(b) The conflict of interest provisions of Section 7.8(a) above apply to
any person who is an employee, agent, consultant, officer, or elected or appointed official of the
County.
(c) In accordance with California Government Code Section 1090 and the
Political Reform Act, California Government Code section 87100 et seq., no person who is a
director, officer, partner, trustee or employee or consultant of Borrower, or immediate family
member of any of the preceding, may make or participate in a decision, made by the County or a
County board, commission or committee, if it is reasonably foreseeable that the decision will
have a material effect on any source of income, investment or interest in real property of that
person or Borrower. Interpretation of this section is governed by the definitions and provisions
used in the Political Reform Act, California Government Code Section 87100 et seq., its
implementing regulations manual and codes, and California Government Code Section 1090.
Section 7.9 Notices, Demands and Communications.
All notices required or permitted by any provision of this Agreement must be in writing
and sent by registered or certified mail, postage prepaid, return receipt requested, or delivered by
express delivery service, return receipt requested, or delivered personally, to the principal office
of the Parties as follows:
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Deputy Director – Housing & Community
Improvement
Borrower: ECP Parcel A South Housing Partners, L.P.
c/o The Related Companies of California
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attention: Ann Silverberg
44
863\119\4072096.2
With a copy to: Bocarsly Emden Cowan Esmail & Arndt LLP
633 W. 5th Street, Suite 5880
Los Angeles, CA 90071
Attn: Nicole Deddens, Esq
Investor Limited
Partner: Wincopin Circle LLLP/FRE Enterprise Affordable Housing Fund
I, LLLP
c/o Enterprise Community Asset Management, Inc.
70 Corporate Center
11000 Broken Land Parkway, Suite 700
Columbia, Maryland 21044
Attention: Asset Management
With a copy to: Email: lmanley@enterprisecommunity.com
Attn: Chief Legal Officer
With a copy to:
Kristen M. Cassetta, Esq.
Holland & Knight LLP
10 St. James Avenue, 12th Floor
Boston, Massachusetts 02116
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected party may from time to time designate by mail as provided in this
Section. Receipt will be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable).
Section 7.10 Applicable Law.
This Agreement is governed by the laws of the State of California.
Section 7.11 Parties Bound.
Except as otherwise limited herein, this Agreement binds and inures to the benefit of the
parties and their heirs, executors, administrators, legal representatives, successors, and assigns.
This Agreement is intended to run with the land and to bind Borrower and its successors and
assigns in the Development for the entire Term, and the benefit hereof is to inure to the benefit of
the County and its successors and assigns.
Section 7.12 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the provisions will continue in full force and effect
unless the rights and obligations of the parties have been materially altered or abridged by such
invalidation, voiding or unenforceability.
45
863\119\4072096.2
Section 7.13 Force Majeure.
In addition to specific provisions of this Agreement, performance by either party will not
be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock-
outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of
transportation, or court order. An extension of time for any cause will be deemed granted if
notice by the party claiming such extension is sent to the other within ten (10) days from the
commencement of the cause and such extension of time is not rejected in writing by the other
party within ten (10) days after receipt of the notice. In no event will the County be required to
agree to cumulative delays in excess of one hundred eighty (180) days.
Section 7.14 County Approval.
The County has authorized the County Director, Department of Conservation and
Development to execute the Loan Documents and deliver such approvals or consents as are
required by this Agreement, and to execute estoppel certificates concerning the status of the
Loan and the existence of Borrower defaults under the Loan Documents.
Section 7.15 Waivers.
Any waiver by the County of any obligation or condition in this Agreement must be in
writing. No waiver will be implied from any delay or failure by the County to take action on any
breach or default of Borrower or to pursue any remedy allowed under this Agreement or
applicable law. Any extension of time granted to Borrower to perform any obligation under this
Agreement does not operate as a waiver or release from any of its obligations under this
Agreement. Consent by the County to any act or omission by Borrower may not be construed to
be consent to any other or subsequent act or omission or to waive the requirement for the
County's written consent to future waivers.
Section 7.16 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of
reference only and are to be disregarded in interpreting any part of the Agreement's provisions.
Section 7.17 Entire Understanding of the Parties.
The Loan Documents constitute the entire agreement of the parties with respect to the
Loan.
Section 7.18 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an
original, and may be signed in counterparts.
Remainder of Page Left Intentionally Blank
Signature page
County Loan Agreement
863\119\4072096.2
The parties are entering into this Agreement as of the last date set forth below.
COUNTY:
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
By: ____________________________________
John Kopchik
Director, Department of Conservation and
Development
Date: November_____, 2025
APPROVED AS TO FORM:
THOMAS L. GEIGER
County Counsel
By: ______________________
Kathleen Andrus
Deputy County Counsel
[signatures continue on following page]
Signature page
County Loan Agreement
863\119\4072096.2
BORROWER:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
its Administrative General Partner
By: ______________________________
Name: Ann Silverberg
Its: President and Secretary
By: El Cerrito Plaza MGP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By: _____________________________
Name: Vasilios Salamandrakis
Its: President
Date: November ___, 2025
A-1
863\119\4072096.2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the County of Contra Costa, City of El Cerrito, State of
California, and is described as follows:
B-1
863\119\4072096.2
EXHIBIT B
APPROVED DEVELOPMENT BUDGET
C-1
863\119\4072096.2
EXHIBIT C
NEPA MITIGATION REQUIREMENTS
TABLE OF CONTENTS
Page
i
863\119\4072096.2
ARTICLE 1 DEFINITIONS AND EXHIBITS ............................................................................2
Section 1.1 Definitions................................................................................................... 2
Section 1.2 Exhibits ..................................................................................................... 11
ARTICLE 2 LOAN PROVISIONS ............................................................................................11
Section 2.1 Loan. ......................................................................................................... 11
Section 2.2 Interest....................................................................................................... 12
Section 2.3 Use of Loan Funds. ................................................................................... 12
Section 2.4 Security. .................................................................................................... 12
Section 2.5 Subordination. ........................................................................................... 12
Section 2.6 Conditions Precedent to Closing and Disbursement of Loan
Funds for Construction. ............................................................................ 13
Section 2.7 Conditions Precedent to Disbursement of Retention. ............................... 16
Section 2.8 Repayment Schedule. ................................................................................ 17
Section 2.9 Reports and Accounting of Residual Receipts.......................................... 18
Section 2.10 Non-Recourse. .......................................................................................... 19
ARTICLE 3 CONSTRUCTION OF THE IMPROVEMENTS .................................................19
Section 3.1 Permits and Approvals. ............................................................................. 19
Section 3.2 Bid Package. ............................................................................................. 19
Section 3.3 Construction Contract. .............................................................................. 20
Section 3.4 Construction Bonds. .................................................................................. 20
Section 3.5 Commencement of Construction. ............................................................. 20
Section 3.6 Completion of Construction. ..................................................................... 21
Section 3.7 Changes; Construction Pursuant to Plans and Laws. ................................ 21
Section 3.8 State Prevailing Wages. ............................................................................ 22
Section 3.9 Accessibility. ............................................................................................. 23
Section 3.10 Relocation. ................................................................................................ 23
Section 3.11 Equal Opportunity. .................................................................................... 24
Section 3.12 Minority and Women-Owned Contractors. .............................................. 24
Section 3.13 Progress Reports. ...................................................................................... 24
Section 3.14 Construction Responsibilities. .................................................................. 24
Section 3.15 Mechanics Liens, Stop Notices, and Notices of Completion.................... 25
Section 3.16 Inspections. ............................................................................................... 25
Section 3.17 Approved Development Budget; Revisions to Budget. ............................ 26
Section 3.18 Developer Fee. .......................................................................................... 26
Section 3.19 Partnership Management/Asset Fee. ......................................................... 26
Section 3.20 NEPA Mitigation Requirements. .............................................................. 27
Section 3.21 Repayment of Sponsor Loans. .................................................................. 27
ARTICLE 4 LOAN REQUIREMENTS.....................................................................................27
Section 4.1 Match Requirement. .................................................................................. 27
Section 4.2 Reserve Accounts...................................................................................... 27
Section 4.3 Financial Accountings and Post-Completion Audits. ............................... 28
Section 4.4 Approval of Annual Operating Budget. .................................................... 28
Section 4.5 Information. .............................................................................................. 28
TABLE OF CONTENTS
(continued)
Page
ii
863\119\4072096.2
Section 4.6 County Audits. .......................................................................................... 28
Section 4.7 Hazardous Materials. ................................................................................ 29
Section 4.8 Maintenance; Damage and Destruction. ................................................... 31
Section 4.9 Fees and Taxes. ......................................................................................... 31
Section 4.10 Notices. ..................................................................................................... 32
Section 4.11 Operation of Development as Affordable Housing. ................................. 33
Section 4.12 Nondiscrimination..................................................................................... 33
Section 4.13 Insurance Requirements. ........................................................................... 33
Section 4.14 Covenants Regarding Approved Financing and Partnership
Agreement. ................................................................................................ 34
Section 4.15 Covenants Regarding the Ground Lease................................................... 35
ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER .......................36
Section 5.1 Representations and Warranties. ............................................................... 36
ARTICLE 6 DEFAULT AND REMEDIES ...............................................................................38
Section 6.1 Events of Default. ..................................................................................... 38
Section 6.2 Remedies. .................................................................................................. 40
Section 6.3 Right of Contest. ....................................................................................... 41
Section 6.4 Remedies Cumulative. .............................................................................. 41
Section 6.5 Notice and Cure Rights of Limited Partner. ............................................. 41
ARTICLE 7 GENERAL PROVISIONS ....................................................................................41
Section 7.1 Relationship of Parties. ............................................................................. 41
Section 7.2 No Claims. ................................................................................................ 42
Section 7.3 Amendments. ............................................................................................ 42
Section 7.4 Indemnification. ........................................................................................ 42
Section 7.5 Non-Liability of County Officials, Employees and Agents...................... 42
Section 7.6 No Third Party Beneficiaries. ................................................................... 42
Section 7.7 Discretion Retained by County. ................................................................ 42
Section 7.8 Conflict of Interest. ................................................................................... 43
Section 7.9 Notices, Demands and Communications. ................................................. 43
Section 7.10 Applicable Law. ........................................................................................ 44
Section 7.11 Parties Bound. ........................................................................................... 44
Section 7.12 Severability. .............................................................................................. 44
Section 7.13 Force Majeure. .......................................................................................... 45
Section 7.14 County Approval. ...................................................................................... 45
Section 7.15 Waivers. .................................................................................................... 45
Section 7.16 Title of Parts and Sections. ....................................................................... 45
Section 7.17 Entire Understanding of the Parties. ......................................................... 45
Section 7.18 Multiple Originals; Counterpart. ............................................................... 45
EXHIBIT A Legal Description of the Property
EXHIBIT B Approved Development Budget
EXHIBIT C NEPA Mitigation Requirements
863\119\4072096.2
DEVELOPMENT LOAN AGREEMENT
Between
COUNTY OF CONTRA COSTA
And
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
EL CERRITO PLAZA PARCEL A SOUTH
November ___, 2025
863\119\4070592.2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Deputy Director – Housing & Community Improvement
No fee for recording pursuant to
Government Code Sections 27383 and 27388.1
LEASEHOLD DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
(El Cerrito Plaza Parcel A South)
THIS LEASEHOLD DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING ("Deed of Trust") is made as of
November ____, 2025, by and among ECP Parcel A South Housing Partners, L.P., a California
limited partnership ("Trustor"), Chicago Title Company, a California corporation ("Trustee"),
and the County of Contra Costa, a political subdivision of the State of California ("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
hereinafter set forth, Trustor's (i) leasehold interest in the property located in the County of
Contra Costa, State of California, that is described in the attached Exhibit A, incorporated herein
by this reference, as created pursuant to that certain Ground Lease defined below (the
"Property"), and (ii) fee interest in the Improvements on the Property.
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents;
TOGETHER WITH all easements, rights-of-way and rights used in connection therewith
or as a means of access thereto, including (without limiting the generality of the foregoing) all
tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of Trustor now or hereafter affixed
to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to
said property and intended to be installed therein;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
863\119\4070592.2
adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all deposits made with or other security given by Trustor to utility companies, the
proceeds from any or all of such property, including the Property, claims or demands with
respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may
hereafter acquire, any and all awards made for the taking by eminent domain or by any
proceeding or purchase in lieu thereof of the whole or any part of such property, including
without limitation, any awards resulting from a change of grade of streets and awards for
severance damages to the extent Beneficiary has an interest in such awards for taking as
provided in Paragraph 4.1 herein;
TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Property which are necessary to the complete and comfortable use
and occupancy of such building or buildings for the purposes for which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or will be, attached to said building or buildings in any
manner; and
TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment,
work in process and other personal property to be incorporated into the Property; all goods,
materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other
personal property now or hereafter appropriated for use on the Property, whether stored on the
Property or elsewhere, and used or to be used in connection with the Property; all rents, issues
and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles,
chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance
and condemnation awards and proceeds, trade names, trademarks and service marks arising from
or related to the Property and any business conducted thereon by Trustor; all replacements,
additions, accessions and proceeds; and all books, records and files relating to any of the
foregoing.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors and
assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (together,
the "Secured Obligations"):
A. Payment to Beneficiary of all sums at any time owing under or in connection with
(i) the Note (defined in Section 1.9 below) until paid in full or cancelled, and (ii) any other
amounts owing under the Loan Documents (defined in Section 1.8 below). Principal and other
payments are due and payable as provided in the Note or other Loan Documents, as applicable.
863\119\4070592.2
The Note and all its terms are incorporated herein by reference, and this conveyance secures any
and all extensions thereof, however evidenced;
B. Payment of any sums advanced by Beneficiary to protect the Security pursuant to
the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to
advance said sums and the expiration of any applicable cure period, with interest thereon as
provided herein;
C. Performance of every obligation, covenant or agreement of Trustor contained
herein and in the Loan Documents; and
D. All modifications, extensions and renewals of any of the Secured Obligations
(including without limitation, (i) modifications, extensions or renewals at a different rate of
interest, or (ii) deferrals or accelerations of the required principal payment dates or interest
payment dates or both, in whole or in part), however evidenced, whether or not any such
modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms have
the following meanings in this Deed of Trust:
Section 1.1 The term "Default Rate" means the lesser of the maximum rate permitted
by law and ten percent (10%) per annum.
Section 1.2 The term "Ground Lease" means that certain Ground Lease Agreement
dated as of November _____, 2025 by and between Trustor as lessee and Ground Lessor
pertaining to the Property, a memorandum of which is being recorded in the Office of the
Recorder of the County of Contra Costa concurrently herewith, pursuant to which Ground Lessor
has granted Trustor a leasehold interest in the Property.
Section 1.3 The term "Ground Lessor" means the San Francisco Bay Area Rapid
Transit District.
Section 1.4 The term "Improvements" means the affordable housing development to
be constructed on the Property.
Section 1.5 The term "Intercreditor Agreement" means that certain Subordination and
Intercreditor Agreement of even date herewith entered into by and among the City of El Cerrito,
the County, and Borrower related to the Loan.
863\119\4070592.2
Section 1.6 The term "Loan" means the loan made by Beneficiary to Trustor in the
amount of Eight Million Three Hundred Seventy-Six Thousand Four Hundred Twenty-Three
Dollars ($8,376,423).
Section 1.7 The term "Loan Agreement" means that certain Development Loan
Agreement between Trustor and Beneficiary, of even date herewith, as such may be amended
from time to time, providing for the Beneficiary to loan to Trustor the Loan.
Section 1.8 The term "Loan Documents" means this Deed of Trust, the Note, the Loan
Agreement, the Regulatory Agreement, the Intercreditor Agreement, and any other agreements,
debt, loan or security instruments between Trustor and Beneficiary relating to the Loan.
Section 1.9 The term "Note" means the promissory note of even date herewith,
executed by Trustor in favor of Beneficiary, as it may be amended or restated in the amount of
the Loan, the payment of which is secured by this Deed of Trust. The terms and provisions of
the Note are incorporated herein by reference.
Section 1.10 The term "Principal" means the amounts required to be paid under the
Note.
Section 1.11 The term "Regulatory Agreement" means the Regulatory Agreement and
Declaration of Restrictive Covenants of even date herewith by and between Beneficiary and
Trustor and recorded concurrently herewith.
ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE PROPERTY
AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured
Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the
Security or cause the Security to be maintained and preserved in good condition. The Trustor
will from time to time make or cause to be made all repairs, replacements and renewals deemed
proper and necessary by it. The Beneficiary has no responsibility in any of these matters or for
the making of improvements or additions to the Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all
claims for labor done and for material and services furnished in connection with the Security,
diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation
of labor on the work or construction on the Security for a continuous period of thirty (30) days or
more, and to take all other reasonable steps to forestall the assertion of claims of lien against the
Security or any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary
as its agent (said agency being coupled with an interest) with the authority, but without any
obligation, to file for record any notices of completion or cessation of labor or any other notice
that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the
863\119\4070592.2
Loan Documents; provided, however, that Beneficiary exercises its rights as agent of Trustor
only in the event that Trustor fails to take, or fails to diligently continue to take, those actions as
hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or
claims as Beneficiary specifies upon laborers, materialmen, subcontractors or other persons who
have furnished or claim to have furnished labor, services or materials in connection with the
Security. Nothing herein contained requires Trustor to pay any claims for labor, materials or
services which Trustor in good faith disputes and is diligently contesting provided that Trustor
shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the
Recorder of Contra Costa County, a surety bond in an amount 1 and 1/2 times the amount of
such claim item to protect against a claim of lien.
Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights-of-way or other rights or privileges in
the nature of easements with respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of public utilities including, without
limitation, water, gas, electricity, sewer, telephone and telegraph, or those required by law, and
as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby
absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of
the Property including those now due, past due, or to become due by virtue of any lease or other
agreement for the occupancy or use of all or any part of the Property, regardless of to whom the
rents and revenues of the Property are payable, subject to the rights of senior lenders that are
approved by the Beneficiary pursuant to the Loan Agreement. Trustor hereby authorizes
Beneficiary or Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs
each tenant of the Property to pay such rents to Beneficiary or Beneficiary's agents; provided,
however, that prior to written notice given by Beneficiary to Trustor of the breach by Trustor of
any covenant or agreement of Trustor in the Loan Documents, Trustor shall collect and receive
all rents and revenues of the Property as trustee for the benefit of Beneficiary and Trustor to
apply the rents and revenues so collected to the Secured Obligations with the balance, so long as
no such breach has occurred and is continuing, to the account of Trustor, it being intended by
Trustor and Beneficiary that this assignment of rents constitutes an absolute assignment and not
an assignment for additional security only. Upon delivery of written notice by Beneficiary to
Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents, and without the necessity of Beneficiary entering upon and taking and maintaining
full control of the Property in person, by agent or by a court-appointed receiver, Beneficiary shall
immediately be entitled to possession of all rents and revenues of the Property as specified in this
Section 2.3 as the same becomes due and payable, including but not limited to, rents then due
and unpaid, and all such rents will immediately upon delivery of such notice be held by Trustor
as trustee for the benefit of Beneficiary only; provided, however, that the written notice by
Beneficiary to Trustor of the breach by Trustor contains a statement that Beneficiary exercises its
rights to such rents. Trustor agrees that commencing upon delivery of such written notice of
Trustor's breach by Beneficiary to Trustor, each tenant of the Property shall make such rents
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payable to and pay such rents to Beneficiary or Beneficiary's agents on Beneficiary's written
demand to each tenant therefor, delivered to each tenant personally, by mail or by delivering
such demand to each rental unit, without any liability on the part of said tenant to inquire further
as to the existence of a default by Trustor.
Trustor hereby covenants that Trustor has not executed any prior assignment of said
rents, other than as security to lenders approved by Beneficiary pursuant to the Loan Agreement,
that Trustor has not performed, and will not perform, any acts or has not executed and will not
execute, any instrument which would prevent Beneficiary from exercising its rights under this
Section 2.3, and that at the time of execution of this Deed of Trust, there has been no anticipation
or prepayment of any of the rents of the Property for more than two (2) months prior to the due
dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept payment
of any rents of the Property more than two (2) months prior to the due dates of such rents.
Trustor further covenants that, so long as the Secured Obligations are outstanding, Trustor will
execute and deliver to Beneficiary such further assignments of rents and revenues of the Property
as Beneficiary may from time to time request.
Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents,
Beneficiary may in person, by agent or by a court-appointed receiver, regardless of the adequacy
of Beneficiary's security, enter upon and take and maintain full control of the Property in order to
perform all acts necessary and appropriate for the operation and maintenance thereof including,
but not limited to, the execution, cancellation or modification of leases, the collection of all rents
and revenues of the Property, the making of repairs to the Property and the execution or
termination of contracts providing for the management or maintenance of the Property, all on
such terms as are deemed best to protect the security of this Deed of Trust. In the event
Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of
any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to
the appointment of such receiver. Beneficiary or the receiver will be entitled to receive a
reasonable fee for so managing the Property.
All rents and revenues collected subsequent to delivery of written notice by Beneficiary
to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents are to be applied first to the costs, if any, of taking control of and managing the
Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies,
taxes, assessments and other charges on the Property, and the costs of discharging any obligation
or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this
Deed of Trust. Beneficiary or the receiver is to have access to the books and records used in the
operation and maintenance of the Property and will be liable to account only for those rents
actually received. Beneficiary is not liable to Trustor, anyone claiming under or through Trustor
or anyone having an interest in the Property by reason of anything done or left undone by
Beneficiary under this Section 2.3.
If the rents of the Property are not sufficient to meet the costs, if any, of taking control of
and managing the Property and collecting the rents, any funds expended by Beneficiary for such
purposes will become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless
Beneficiary and Trustor agree in writing to other terms of payment, such amounts are payable by
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Trustor to Beneficiary upon notice from Beneficiary to Trustor requesting payment thereof and
will bear interest from the date of disbursement at the rate stated in Section 3.3.
If the Beneficiary or the receiver enters upon and takes and maintains control of the
Property, neither that act nor any application of rents as provided herein will cure or waive any
default under this Deed of Trust or invalidate any other right or remedy available to Beneficiary
under applicable law or under this Deed of Trust. This assignment of rents of the Property will
terminate at such time as this Deed of Trust ceases to secure the Secured Obligations.
ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes,
assessments, charges and levies imposed by any public authority or utility company that are or
may become a lien affecting the Security or any part thereof; provided, however, that Trustor is
not required to pay and discharge any such tax, assessment, charge or levy so long as (a) the
legality thereof is promptly and actively contested in good faith and by appropriate proceedings,
and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant to this
Section 3.1. With respect to taxes, special assessments or other similar governmental charges,
Trustor shall pay such amount in full prior to the attachment of any lien therefor on any part of
the Security; provided, however, if such taxes, assessments or charges can be paid in
installments, Trustor may pay in such installments. Except as provided in clause (b) of the first
sentence of this paragraph, the provisions of this Section 3.1 may not be construed to require that
Trustor maintain a reserve account, escrow account, impound account or other similar account
for the payment of future taxes, assessments, charges and levies.
In the event that Trustor fails to pay any of the items required by this Section to be paid
by Trustor, Beneficiary may (but is under no obligation to) pay the same, after the Beneficiary
has notified the Trustor of such failure to pay and the Trustor fails to fully pay such items within
seven (7) business days after receipt of such notice. Any amount so advanced therefor by
Beneficiary, together with interest thereon from the date of such advance at the maximum rate
permitted by law, will become part of the Secured Obligations secured hereby, and Trustor
agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
Trustor agrees to provide insurance conforming in all respects to that required under the
Loan Documents during the course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid, all Secured Obligations secured
hereunder have been fulfilled, and this Deed of Trust has been reconveyed.
All such insurance policies and coverages are to be maintained at Trustor's sole cost and
expense. Certificates of insurance for all of the above insurance policies, showing the same to be
in full force and effect, are to be delivered to the Beneficiary upon demand therefor at any time
prior to Trustor's satisfaction of the Secured Obligations.
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Section 3.3 Advances.
In the event the Trustor fails to maintain the full insurance coverage required by this
Deed of Trust or fails to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to Trustor, may (but is under no obligation
to) (i) take out the required policies of insurance and pay the premiums on the same, and (ii)
make any repairs or replacements that are necessary and provide for payment thereof. All
amounts so advanced by the Beneficiary will become part of the Secured Obligations (together
with interest as set forth below) and will be secured hereby, which amounts the Trustor agrees to
pay on the demand of the Beneficiary, and if not so paid, will bear interest from the date of the
advance at the Default Rate.
ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
Subject to the rights of senior lenders, all judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (1) the taking of all or any part of or any
interest in the Property by or under assertion of the power of eminent domain, (2) any damage to
or destruction of the Property or any part thereof by insured casualty, and (3) any other injury or
damage to all or any part of the Property (collectively, the "Funds") are hereby assigned to and
are to be paid to the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is
authorized and empowered (but not required) to collect and receive any Funds and is authorized
to apply them in whole or in part to any indebtedness or obligation secured hereby, in such order
and manner as the Beneficiary determines at its sole option, subject to the provisions of Section
4.8 of the Loan Agreement regarding restoration of improvements following damage or
destruction. The Beneficiary is entitled to settle and adjust all claims under insurance policies
provided under this Deed of Trust and may deduct and retain from the proceeds of such
insurance the amount of all expenses incurred by it in connection with any such settlement or
adjustment. Application of all or any part of the Funds collected and received by the Beneficiary
or the release thereof will not cure or waive any default under this Deed of Trust.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
Trustor shall duly and punctually perform all terms, covenants, conditions and
agreements binding upon it under the Loan Documents and any other agreement of any nature
whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the
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Beneficiary employs attorneys or incurs other expenses for the collection of amounts due
hereunder or the enforcement of performance or observance of an obligation or agreement on the
part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay
to the Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so
incurred by the Beneficiary. Any such amounts paid by the Beneficiary will be added to the
Secured Obligations, and will bear interest from the date such expenses are incurred at the
Default Rate.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth
in the Note in the amounts and by the times set out therein.
Section 5.4 Personal Property.
To the maximum extent permitted by law, the personal property subject to this Deed of
Trust is deemed to be fixtures and part of the real property and this Deed of Trust constitutes a
fixtures filing under the California Commercial Code. As to any personal property not deemed
or permitted to be fixtures, this Deed of Trust constitutes a security agreement under the
California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements
pursuant to the appropriate statutes, and any other documents or instruments as are required to
convey to the Beneficiary a valid perfected security interest in the Security. The Trustor shall
perform all acts that the Beneficiary reasonably requests so as to enable the Beneficiary to
maintain a valid perfected security interest in the Security in order to secure the payment of the
Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such
financing statement in any jurisdiction(s) as it deems appropriate from time to time in order to
protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the
Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in
full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and
its duly authorized agents, attorneys, experts, engineers, accountants and representatives, may
inspect the Security, without payment of charges or fees.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there will be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
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religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor will the Trustor itself
or any person claiming under or through it establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing covenants
run with the land.
Section 5.9 Ground Lease Covenants.
Trustor hereby represents, warrants, covenants and agrees that:
(a) This Deed of Trust is duly executed and delivered in conformity with, and
does not violate or breach any term of covenant of, the Ground Lease.
(b) Trustor will cause a memorandum of ground lease to be recorded against
the Property that provides notice of the existence of the Ground Lease.
(c) Trustor will not do or permit to be done or omit to do or permit the
omission of any act, which would impair the security of this Deed of Trust, or would constitute
grounds for the termination of the Ground Lease or would entitle the Ground Lessor to declare a
forfeiture or termination of the Ground Lease.
(d) Trustor will not, without the prior written consent of Beneficiary
terminate, materially modify or surrender or suffer or permit any termination, material
modification or surrender of the Ground Lease.
(e) Trustor will not consent to any waiver of Ground Lessor's obligations
under the Ground Lease, nor to the subordination of the Ground Lease to any mortgage of the fee
interest of the Ground Lessor.
(f) Trustor will not acquire the fee interest in the Property under the Ground
Lease without the express prior written approval of Beneficiary. In the event that Trustor
acquires fee title to the Property, such interest will be deemed to be subject to and covered by
this Deed of Trust, and Trustor shall promptly: (i) provide Beneficiary with notice of such further
title interest of Trustor to the Property and (ii) execute, acknowledge, and deliver such
instruments, documents, and agreements as may be required by Beneficiary to ratify, confirm, re-
affirm, and perfect Beneficiary's interest in such Property, including without limitation, any
additional mortgage or amendment requested by Beneficiary to confirm Trustor's right, title and
interest in and to the fee title of Trustor to the Property. Without the express prior written
approval of Beneficiary, Trustor shall not merge the leasehold estate created by the Ground
Lease with the fee estate of the Property, and such leasehold estate must always remain separate
and distinct, notwithstanding any union of such estates in Ground Lessor, Beneficiary, or Trustor
by purchase, operation of Law, or otherwise. In the event that Beneficiary acquires fee title and
the leasehold estate by foreclosure of this Deed of Trust (or by conveyance or assignment in lieu
thereof) or otherwise, then such estates will not merge but will remain separate and distinct for
all purposes after such acquisition unless and until Beneficiary elects in writing to merge such
estates.
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ARTICLE 6
HAZARDOUS WASTE
Trustor shall keep and maintain the Property (including, but not limited to, soil and
ground water conditions) in compliance with all Hazardous Materials Laws and shall not cause
or permit the Property to be in violation of any Hazardous Materials Law (defined below).
Trustor may not cause or permit the use, generation, manufacture, storage or disposal of on,
under, or about the Property or transportation to or from the Property of (i) any substance,
material, or waste that is petroleum, petroleum-related, or a petroleum by-product, asbestos or
asbestos-containing material, polychlorinated biphenyls, flammable, explosive, radioactive, freon
gas, radon, or a pesticide, herbicide, or any other agricultural chemical, and (ii) any waste,
substance or material defined as or included in the definition of "hazardous substances,"
"hazardous wastes," "hazardous materials," "toxic materials", "toxic waste", "toxic substances,"
or words of similar import under any Hazardous Materials Law (collectively referred to
hereinafter as "Hazardous Materials"), except such of the foregoing as may be customarily used
in construction or operation of a multi-family residential development.
Trustor shall immediately advise Beneficiary in writing if at any time it receives written
notice of: (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Trustor or the Property pursuant to any
applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
Materials, health, industrial hygiene, environmental conditions, or the regulation or protection of
the environment, and all amendments thereto as of this date and to be added in the future and any
successor statute or rule or regulation promulgated thereto ("Hazardous Materials Law"); (ii) all
claims made or threatened by any third party against Trustor or the Property relating to damage,
contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials
(the matters set forth in clauses (i) and (ii) above are hereinafter referred to as "Hazardous
Materials Claims"); and (iii) Trustor's discovery of any occurrence or condition on any real
property adjoining or in the vicinity of the Property that could cause the Property or any part
thereof to be subject to any restrictions on the ownership, occupancy, transferability or use of the
Property under any Hazardous Materials Law including but not limited to the provisions of
California Health and Safety Code, Section 25220 et seq., or any regulation adopted in
accordance therewith.
Beneficiary has the right to join and participate in, as a party if it so elects, and be
represented by counsel acceptable to Beneficiary (or counsel of its own choice if a conflict exists
with Trustor) in, any legal proceedings or actions initiated in connection with any Hazardous
Materials Claims, and to have its reasonable attorneys' fees in connection therewith paid by
Trustor.
Trustor shall indemnify and hold harmless Beneficiary and its board members, directors,
officers, employees, agents, successors and assigns from and against any loss, damage, cost, fine,
penalty, judgment, award, settlement, expense or liability, directly or indirectly arising out of or
attributable to: (i) any actual or alleged past or present violation of any Hazardous Materials
Law; (ii) any Hazardous Materials Claim; (iii) any actual or alleged past or present use,
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generation, manufacture, storage, release, threatened release, discharge, disposal, transportation,
or presence of Hazardous Materials on, under, or about the Property; (iv) any investigation,
cleanup, remediation, removal, or restoration work of site conditions of the Property relating to
Hazardous Materials (whether on the Property or any other property); and (v) the breach of any
representation of warranty by or covenant of Trustor in this Article, and Section 5.1(l) of the
Loan Agreement. Such indemnity must include, without limitation: (x) all consequential
damages; (y) the costs of any required or necessary investigation, repair, cleanup or
detoxification of the Property and the preparation and implementation of any closure, remedial or
other required plans; and (z) all reasonable costs and expenses incurred by Beneficiary in
connection with clauses (x) and (y), including but not limited to reasonable attorneys' fees and
consultant fees. This indemnification applies whether or not any government agency has issued
a cleanup order. Losses, claims, costs, suits, liability, and expenses covered by this
indemnification provision include, but are not limited to: (1) losses attributable to diminution in
the value of the Property; (2) loss or restriction of use of rentable space on the Property; (3)
adverse effect on the marketing of any rental space on the Property; and (4) penalties and fines
levied by, and remedial or enforcement actions of any kind issued by any regulatory agency
(including but not limited to the costs of any required testing, remediation, repair, removal,
cleanup or detoxification of the Property and surrounding properties). This obligation to
indemnify will survive reconveyance of this Deed of Trust and will not be diminished or affected
in any respect as a result of any notice, disclosure, knowledge, if any, to or by Beneficiary of
Hazardous Materials.
Without Beneficiary's prior written consent, which may not be unreasonably withheld,
Trustor may not take any remedial action in response to the presence of any Hazardous Materials
on, under or about the Property, nor enter into any settlement agreement, consent decree, or other
compromise in respect to any Hazardous Material Claims, which remedial action, settlement,
consent decree or compromise might, in Beneficiary's reasonable judgment, impairs the value of
the Beneficiary's security hereunder; provided, however, that Beneficiary's prior consent is not
necessary in the event that the presence of Hazardous Materials on, under, or about the Property
either poses an immediate threat to the health, safety or welfare of any individual or is of such a
nature that an immediate remedial response is necessary and it is not reasonably possible to
obtain Beneficiary's consent before taking such action, provided that in such event Trustor
notifies Beneficiary as soon as practicable of any action so taken. Beneficiary agrees not to
withhold its consent, where such consent is required hereunder, if (i) a particular remedial action
is ordered by a court of competent jurisdiction; (ii) Trustor will or may be subjected to civil or
criminal sanctions or penalties if it fails to take a required action; (iii) Trustor establishes to the
reasonable satisfaction of Beneficiary that there is no reasonable alternative to such remedial
action which would result in less impairment of Beneficiary's security hereunder; or (iv) the
action has been agreed to by Beneficiary.
The Trustor hereby acknowledges and agrees that (i) this Article is intended as the
Beneficiary's written request for information (and the Trustor's response) concerning the
environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other
Loan Documents (together with any indemnity applicable to a breach of any such representation
and warranty) with respect to the environmental condition of the property is intended by the
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Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code
of Civil Procedure Section 736.
In the event that any portion of the Property is determined to be "environmentally
impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3) or to
be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section
726.5(e)(1), then, without otherwise limiting or in any way affecting the Beneficiary's or the
Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its
rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
remedies of an unsecured creditor, including reduction of its claim against the Trustor to
judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil
Procedure Section 726.5(a), the Trustor will be deemed to have willfully permitted or acquiesced
in a release or threatened release of hazardous materials, within the meaning of California Code
of Civil Procedure Section 726.5(d)(1), if the release or threatened release of hazardous materials
was knowingly or negligently caused or contributed to by any lessee, occupant, or user of any
portion of the Property and the Trustor knew or should have known of the activity by such
lessee, occupant, or user which caused or contributed to the release or threatened release. All
costs and expenses, including (but not limited to) attorneys' fees, incurred by the Beneficiary in
connection with any action commenced under this paragraph, including any action required by
California Code of Civil Procedure Section 726.5(b) to determine the degree to which the
Property is environmentally impaired, plus interest thereon at the Default Rate until paid, will be
added to the indebtedness secured by this Deed of Trust and will be due and payable to the
Beneficiary upon its demand made at any time following the conclusion of such action.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following are events of default following the expiration of any applicable notice and
cure periods (each an "Event of Default"): (i) failure to make any payment to be paid by Trustor
under the Loan Documents; (ii) failure to observe or perform any of Trustor's other covenants,
agreements or obligations under the Loan Documents, including, without limitation, the
provisions concerning discrimination; (iii) failure to make any payment or observe or perform
any of Trustor's other covenants, agreements, or obligations under any Secured Obligations,
which default is not cured within the times and in the manner provided therein; (iv) failure to
observe or perform any of Trustor's covenants, agreement or obligations under the Ground
Lease, and (v) failure to make any payments or observe or perform any of Trustor's other
covenants, agreements or obligations under any other debt instrument or regulatory agreement
secured by the Property, which default is not cured within the time and in the manner provided
therein.
Section 7.2 Acceleration of Maturity.
If an Event of Default has occurred and is continuing, then at the option of the
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Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured
Obligations are immediately due and payable, and no omission on the part of the Beneficiary to
exercise such option when entitled to do so may be construed as a waiver of such right.
Section 7.3 The Beneficiary's Right to Enter and Take Possession.
If an Event of Default has occurred and is continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
security, enter upon the Property and take possession thereof (or any part thereof) and of any of
the Security, in its own name or in the name of Trustee, and do any acts that it deems necessary
or desirable to preserve the value or marketability of the Property, or part thereof or interest
therein, increase the income therefrom or protect the security thereof. The entering upon and
taking possession of the Security will not cure or waive any Event of Default or Notice of Sale
(as defined in Section 7.3(c), below) hereunder or invalidate any act done in response to such
Event of Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in
possession of the Security, Beneficiary will be entitled to exercise every right provided for in this
Deed of Trust, or by law upon occurrence of any Event of Default, including the right to exercise
the power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of an Event of Default and
demand for sale, and a written notice of default and election to cause Trustor's interest in the
Security to be sold ("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly
filed for record in the Official Records of Contra Costa County; or
(d) Exercise all other rights and remedies provided herein, in the instruments
by which the Trustor acquires title to any Security, or in any other document or agreement now
or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein
contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which will be deemed to
constitute evidence that the Secured Obligations are immediately due and payable), and such
receipts and evidence of any expenditures made that are additionally secured hereby as Trustee
may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall
cause to be recorded, published and delivered to Trustor such Notice of Sale as is then required
by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after the lapse of
that amount of time as is then required by law and after recordation of such Notice of Sale as
required by law, sell the Security, at the time and place of sale set forth in the Notice of Sale,
whether as a whole or in separate lots or parcels or items, as Trustee deems expedient and in
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such order as it determines, unless specified otherwise by the Trustor according to California
Civil Code Section 2924g(b), at public auction to the highest bidder, for cash in lawful money of
the United States payable at the time of sale. Trustee shall deliver to such purchaser or
purchasers thereof its good and sufficient deed or deeds, assignment of lease, or bill of sale, as
applicable, conveying the property so sold, but without any covenant or warranty, express or
implied. The recitals in such documents(s) or any matters of facts will be conclusive proof of the
truthfulness thereof. Any person, including, without limitation, Trustor, Trustee or Beneficiary,
may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of ownership in connection with such sale, Trustee shall apply the
proceeds of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other
Secured Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then
secured hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Security by public
announcement at such time and place of sale, and from time to time thereafter, and without
further notice make such sale at the time fixed by the last postponement, or may, in its discretion,
give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default occurs and is continuing, Beneficiary, as a matter of right and
without further notice to Trustor or anyone claiming under the Security, and without regard to
the then value of the Security or the interest of Trustor therein, may apply to any court having
jurisdiction to appoint a receiver or receivers of the Security (or a part thereof), and Trustor
hereby irrevocably consents to such appointment and waives further notice of any application
therefor. Any such receiver or receivers will have all the usual powers and duties of receivers in
like or similar cases, and all the powers and duties of Beneficiary in case of entry as provided
herein, and will continue as such and exercise all such powers until the date of confirmation of
sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of
Trust is intended to be exclusive of any other right, power or remedy, but each and every such
right, power and remedy will be cumulative and concurrent and will be in addition to any other
right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or
remedy accruing upon any Event of Default will exhaust or impair any such right, power or
remedy, and may not be construed to be a waiver of any such Event of Default or acquiescence
therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may
be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor
hereunder will not be deemed or construed to be a consent to any subsequent breach, or further
863\119\4070592.2
waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the
part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default,
irrespective of how long such failure continues, will not constitute a waiver by the Beneficiary of
its right hereunder or impair any rights, power or remedies consequent on any Event of Default
by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the
payment or performance of any Secured Obligation, (ii) takes other or additional security or the
payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the
Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or
otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents,
(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or
consents to any agreement subordinating the lien hereof, any such act or omission will not
release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor will any such
act or omission preclude the Beneficiary from exercising any right, power or privilege herein
granted or intended to be granted in any Event of Default then made or of any subsequent Event
of Default, nor, except as otherwise expressly provided in an instrument or instruments executed
by the Beneficiary, will the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary has the power to (a) institute and maintain such suits and proceedings as
it may deem expedient to prevent any impairment of the Security and the rights of the
Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its
interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or
compliance with any legislation or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rule or order would impair the Security thereunder or be prejudicial to the interest of the
Beneficiary.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement,
adjustment, composition or other proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, will be entitled to file such proofs of claim and
other documents as may be necessary or advisable in order to have the claims of the Beneficiary
allowed in such proceedings and for any additional amount that becomes due and payable by the
Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of
protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in
taking any action to collect any Secured Obligations or in proceedings against the Security, in
connection with the delivery, acceptance, performance, default, endorsement or guaranty of this
Deed of Trust.
863\119\4070592.2
ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only
by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid
or forgiven, and all obligations under the Loan Documents have been performed in full, and
upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment
by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the
person or persons legally entitled thereto.
Section 8.3 Notices.
If at any time after the execution of this Deed of Trust it becomes necessary or
convenient for one of the parties hereto to serve any notice, demand or communication upon the
other party, such notice, demand or communication must be in writing and is to be served
personally or by depositing the same in the registered United States mail, return receipt
requested, postage prepaid and (1) if intended for Beneficiary is to be addressed to:
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Deputy Director – Housing & Community
Improvement
and (2) if intended for Trustor is to be addressed to:
ECP Parcel A South Housing Partners, L.P.
c/o The Related Companies of California
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attention: Ann Silverberg
With a copy to:
Bocarsly Emden Cowan Esmail & Arndt LLP
633 W. 5th Street, Suite 5880
Los Angeles, CA 90071
Attn: Nicole Deddens, Esq
With a copy to:
863\119\4070592.2
Wincopin Circle LLLP/FRE Enterprise Affordable Housing Fund
I, LLLP
c/o Enterprise Community Asset Management, Inc.
70 Corporate Center
11000 Broken Land Parkway, Suite 700
Columbia, Maryland 21044
Attention: Asset Management
With a copy to:
Email: lmanley@enterprisecommunity.com
Attn: Chief Legal Officer
With a copy to:
Kristen M. Cassetta, Esq.
Holland & Knight LLP
10 St. James Avenue, 12th Floor
Boston, Massachusetts 02116
Any notice, demand or communication will be deemed given, received, made or communicated
on the date personal delivery is effected or, if mailed in the manner herein specified, on the
delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either
party may change its address at any time by giving written notice of such change to Beneficiary
or Trustor as the case may be, in the manner provided herein, at least ten (10) days prior to the
date such change is desired to be effective.
Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation also applies to
and binds any transferee or successors in interest. Where the terms of the Deed of Trust have the
effect of creating an obligation of the Trustor and a transferee, such obligation will be deemed to
be a joint and several obligation of the Trustor and such transferee. Where Trustor is more than
one entity or person, all obligations of Trustor will be deemed to be a joint and several obligation
of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience
of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term
or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or
other body of competent jurisdiction, such illegality or invalidity will not affect the balance of
863\119\4070592.2
the terms and provisions hereof, which terms and provisions will remain binding and
enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or
partially secured portion of the debt, and all payments made on the debt, whether voluntary or
under foreclosure or other enforcement action or procedure, will be considered to have been first
paid or applied to the full payment of that portion of the debt that is not secured or partially
secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust is governed by the laws of the State of California.
Section 8.8 Gender and Number.
In this Deed of Trust the singular includes the plural and the masculine includes the
feminine and neuter and vice versa, if the context so requires.
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage also refers to a deed of trust and any
reference to a deed of trust also refers to a mortgage.
Section 8.10 Actions.
Trustor shall appear in and defend any action or proceeding purporting to affect the
Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
named herein or acting hereunder to execute this Trust. Upon such appointment, and without
conveyance to the successor trustee, the latter will be vested with all title, powers, and duties
conferred upon any Trustee herein named or acting hereunder. Each such appointment and
substitution is to be made by written instrument executed by Beneficiary, containing reference to
this Deed of Trust and its place of record, which, when duly recorded in the proper office of the
county or counties in which the Property is situated, will be conclusive proof of proper
appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
made public record as provided by law. Except as otherwise provided by law, the Trustee is not
obligated to notify any party hereto of a pending sale under this Deed of Trust or of any action or
proceeding in which Trustor, Beneficiary, or Trustee is a party unless brought by Trustee.
863\119\4070592.2
Section 8.14 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured
by this Deed of Trust or contained in any subordination agreement, and to the extent applicable,
the Beneficiary acknowledges and agrees that in the event of a foreclosure or deed-in-lieu of
foreclosure (collectively, "Foreclosure") with respect to the Security encumbered by this Deed of
Trust, the following rule contained in 26 U.S.C. Section 42(h)(6)(E)(ii), as amended, applies:
For a period of three (3) years from the date of Foreclosure, with respect to an existing
tenant of any low-income unit, (i) such tenant may not be subject to eviction or termination of
their tenancy (other than for good cause), (ii) nor may such tenant's gross rent with respect to
such unit be increased, except as otherwise permitted under Section 42 of the Internal Revenue
Code.
[signatures on following page]
Signature page
County Deed of Trust
863\119\4070592.2
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and year first
above written.
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
its Administrative General Partner
By: ______________________________
Name: Ann Silverberg
Its: President and Secretary
By: El Cerrito Plaza MGP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By: _____________________________
Name: Vasilios Salamandrakis
Its: President
863\119\4070592.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
A-1
863\119\4070592.2
EXHIBIT A
LEGAL DESCRIPTION
The leasehold interest in the land referred to is situated in the County of Contra Costa, City of El
Cerrito, State of California, and is described as follows:
863\119\4070963.2
PROMISSORY NOTE
(El Cerrito Plaza Parcel A South)
$8,376,423 Martinez, California
November ___, 2025
FOR VALUE RECEIVED, the undersigned ECP PARCEL A SOUTH
HOUSING PARTNERS, L.P., a California limited partnership ("Borrower") hereby promises to
pay to the order of the County of Contra Costa, a political subdivision of the State of California
("Holder"), the principal amount of Eight Million Three Hundred Seventy-Six Thousand Four
Hundred Twenty-Three Dollars ($8,376,423) (comprised of One Million Five Hundred
Thousand Dollars ($1,500,000) in HOME Funds, Five Million Dollars ($5,000,000) in Measure
X Funds, and One Million Eight Hundred Seventy-Six Thousand Four Hundred Twenty-Three
Dollars ($1,876,423) in PLHA Funds), plus interest thereon pursuant to Section 2 below.
All capitalized terms used but not defined in this promissory note (the "Note") have the
meanings set forth in the Development Loan Agreement between Borrower and Holder of even
date herewith (the "Loan Agreement").
1. Borrower's Obligation. This Note evidences Borrower's obligation to repay
Holder the principal amount of Eight Million Three Hundred Seventy-Six Thousand Four
Hundred Twenty-Three Dollars ($8,376,423) with interest for the funds loaned to Borrower by
Holder to finance the construction of the Development pursuant to the Loan Agreement.
2. Interest.
(a) Subject to the provisions of Subsection (b) below, the Loan does not bear
interest.
(b) If an Event of Default occurs, interest will accrue on all amounts due
under this Note at the Default Rate until such Event of Default is cured by Borrower or waived
by Holder.
3. Term and Repayment Requirements. Principal and interest, if any, under this
Note is due and payable as set forth in Section 2.8 of the Loan Agreement. The unpaid principal
balance hereunder, together with accrued interest thereon, is due and payable no later than the
date that is the fifty-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a
record of the Permanent Conversion cannot be located or established, the Loan is due and
payable on the fifty-seventh (57th) anniversary of the date of this Note.
4. No Assumption. This Note is not assumable by the successors and assigns of
Borrower without the prior written consent of Holder, except as provided in the Loan
Agreement.
5. Security. This Note is secured by the Deed of Trust. Upon execution, the Deed
of Trust will be recorded in the official records of Contra Costa County, California. Upon
863\119\4070963.2
recordation of the Deed of Trust, this Note will become nonrecourse to Borrower and Borrower’s
partners, pursuant to and except as provided in Section 2.10 of the Loan Agreement which
Section 2.10 is hereby incorporated into this Note. The terms of the Deed of Trust are hereby
incorporated into this Note and made a part hereof.
6. Terms of Payment.
(a) Borrower shall make all payments due under this Note in currency
of the United States of America to Holder at Department of Conservation and Development, 30
Muir Road, Martinez, CA 94553, Attention: Deputy Director – Housing & Community
Improvement, or to such other place as Holder may from time to time designate.
(b) All payments on this Note are without expense to Holder.
Borrower shall pay all costs and expenses, including re-conveyance fees and reasonable
attorney's fees of Holder, incurred in connection with the enforcement of this Note and the
release of any security hereof.
(c) Notwithstanding any other provision of this Note, or any
instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever,
the payment of any sums by Borrower pursuant to the terms of this Note would result in the
payment of interest that exceeds the amount that Holder may legally charge under the laws of the
State of California, then the amount by which payments exceed the lawful interest rate will
automatically be deducted from the principal balance owing on this Note, so that in no event is
Borrower obligated under the terms of this Note to pay any interest that would exceed the lawful
rate.
(d) The obligations of Borrower under this Note are absolute, and
Borrower waives any and all rights to offset, deduct or withhold any payments or charges due
under this Note for any reason whatsoever.
7. Event of Default; Acceleration.
(a) Upon the occurrence of an Event of Default, the entire unpaid
principal balance, together with all interest thereon, and together with all other sums then
payable under this Note and the Deed of Trust will, at the option of Holder, become immediately
due and payable without further demand.
(b) Holder's failure to exercise the remedy set forth in Subsection 7(a)
above or any other remedy provided by law upon the occurrence of an Event of Default does not
constitute a waiver of the right to exercise any remedy at any subsequent time in respect to the
same or any other Event of Default. The acceptance by Holder of any payment that is less than
the total of all amounts due and payable at the time of such payment does not constitute a waiver
of the right to exercise any of the foregoing remedies or options at that time or at any subsequent
time, or nullify any prior exercise of any such remedy or option, without the express consent of
Holder, except as and to the extent otherwise provided by law.
863\119\4070963.2
(c) The notice and cure rights of the Investor Limited Partner are set
forth in Section 6.5 of the Loan Agreement.
8. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and
demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment
of this Note. Borrower expressly agrees that this Note or any payment hereunder may be
extended from time to time, and that Holder may accept further security or release any security
for this Note, all without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment
hereof made by agreement of Holder with any person now or hereafter liable for payment of this
Note must not operate to release, discharge, modify, change or affect the original liability of
Borrower under this Note, either in whole or in part.
9. Miscellaneous Provisions.
(a) All notices to Holder or Borrower are to be given in the manner
and at the addresses set forth in the Loan Agreement, or to such addresses as Holder and
Borrower may therein designate.
(b) Borrower promises to pay all costs and expenses, including
reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note,
regardless of whether suit is filed to seek enforcement.
(c) This Note is governed by the laws of the State of California.
(d) The times for the performance of any obligations hereunder are to
be strictly construed, time being of the essence.
(e) The Loan Documents, of which this Note is a part, contain the
entire agreement between the parties as to the Loan. This Note may not be modified except upon
the written consent of the parties.
signature on following page
Signature page
County Promissory Note
863\119\4070963.2
IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the day and
year first above written.
BORROWER:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC,
a California limited liability company,
its Administrative General Partner
By: ______________________________
Name: Ann Silverberg
Its: President and Secretary
By: El Cerrito Plaza MGP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By: _____________________________
Name: Vasilios Salamandrakis
Its: President
1
863\119\4070598.3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Deputy Director – Housing & Community Improvement
No fee for recording pursuant to
Government Code Section 27383 and 27388.1
__________________________________________________________________________
REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(El Cerrito Plaza Parcel A South)
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Regulatory
Agreement") is dated November ___, 2025, and is between the County of Contra Costa, a
political subdivision of the State of California (the "County"), and ECP Parcel A South Housing
Partners, L.P., a California limited partnership ("Borrower").
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Article 1 of
this Regulatory Agreement.
B. The County has received Home Investment Partnerships Act ("HOME") funds
from the United States Department of Housing and Urban Development ("HUD") pursuant to
Title II of the Cranston-Gonzales National Affordable Housing Act of 1990 (42 U.S.C. 12705 et
seq.) ("HOME Funds"). The HOME Funds must be used by the County in accordance with 24
C.F.R. Part 92 (the "HOME Regulations").
C. The County has received Permanent Local Housing Allocation funds ("PLHA
Funds") from the California Department of Housing and Community Development ("HCD"),
pursuant to Part 2 Chapter 2.5 of Division 31 of the Health and Safety Code (commencing with
Section 50470) Statutes of 2017 (SB 2, Atkins) (the "PLHA Statute"), a Notice of Funding
Availability issued by HCD, dated February 26, 2020 (the "PLHA NOFA"), and Standard
Agreement Number 21-PLHA-17157 between the County and HCD as amended (the "PLHA
Standard Agreement"). The PLHA Funds must be used by the County in accordance with the
PLHA Statute, the PLHA NOFA, the PLHA Standard Agreement, and the PLHA Guidelines
issued by HCD dated October 2019 (collectively, the "PLHA Requirements").
D. On November 3, 2020, the voters of Contra Costa County approved a countywide
20-year, ½ cent sales tax ("Measure X"). On November 16, 2021, the County board of
supervisors approved the Measure X Housing Fund to support the construction of affordable
2
863\119\4070598.3
housing in the County for persons earning less than 50% of area median income and persons at
risk of homelessness (the "Measure X Funds").
E. The San Francisco Bay Area Rapid Transit District ("BART") owns that certain
real property located at 515 Richmond Street in the City of El Cerrito, County of Contra Costa,
State of California, as more particularly described in Exhibit A (the "Property"). Borrower is
leasing the Property from BART for a term of 65 years pursuant to a ground lease dated as of
November ____, 2025 (the "Ground Lease"), and thereby has a leasehold interest in the Property
for the term of the Ground Lease (the "Leasehold Interest"). Borrower intends to construct
seventy (70) housing units on the Property, sixty-nine (69) of which are for rental to extremely
low, very low, and low income households, and one (1) manager's unit, and attendant site
improvements (collectively, the "Improvements"). Together, (i) the Leasehold Interest, and (ii)
Borrower’s fee interest in the Improvements are the "Development."
F. Pursuant to a Development Loan Agreement of even date herewith between the
County and Borrower (the "Loan Agreement"), the County is lending Borrower Eight Million
Three Hundred Seventy-Six Thousand Four Hundred Twenty-Three Dollars ($8,376,423) (the
"County Loan") to assist in the construction of the Development.
G. The County Loan includes: (i) One Million Five Hundred Thousand Dollars
($1,500,000) in HOME Funds, (ii) Five Million Dollars ($5,000,000) in Measure X Funds, and
(iii) One Million Eight Hundred Seventy-Six Thousand Four Hundred Twenty-Three Dollars
($1,876,423) in PLHA Funds.
H. In addition to the Loan Agreement, the County Loan is evidenced by the
following documents: (i) a deed of trust with assignment of rents, security agreement, and fixture
filing of even date herewith, among Borrower, as trustor, Chicago Title Company, as trustee, and
the County, as beneficiary; (ii) a promissory note executed by Borrower of even date herewith, in
the amount of the County Loan; (iii) an intercreditor agreement executed by Borrower, the City,
and the County; and (v) this Regulatory Agreement, (collectively, together with the Loan
Agreement, the "Loan Documents"). The Loan Documents are described in more detail in the
Loan Agreement.
I. The County has the authority to lend the County Loan to Borrower pursuant to
Government Code Section 26227, which authorizes counties to spend county funds for programs
that will further a county's public purposes. In addition, the County has the authority to loan the
HOME Funds pursuant to 24 C.F.R. 92.205.
J. The County has agreed to make the County Loan on the condition that Borrower
maintain and operate the Development in accordance with restrictions set forth in this Regulatory
Agreement, and in the related documents evidencing the County Loan. Thirty-one (31) of the
Units are restricted by the County pursuant to this Regulatory Agreement.
K. In consideration of receipt of the County Loan at an interest rate substantially
below the market rate, Borrower agrees to observe all the terms and conditions set forth below.
The parties therefore agree as follows:
3
863\119\4070598.3
AGREEMENT
ARTICLE 1
DEFINITIONS
1.1 Definitions.
The following terms have the following meanings:
(a) "Accessibility Requirements" has the meaning set forth in Section 2.1(e).
(b) "Actual Household Size" means the actual number of persons in the
applicable household.
(c) "Adjusted Income" means with respect to the Tenant of each County-
Assisted Unit, the Tenant’s total anticipated annual income as defined in 24 CFR 5.609 and as
calculated pursuant to 24 CFR 5.611, and as further referenced in 24 CFR 92.203(b)(1) with
respect to the HOME-Assisted Units during the HOME Term.
(d) "Assumed Household Size" means the household size "adjusted for family
size appropriate to the unit" as such term is defined in Health & Safety Code Section 50052.5(h),
used to calculate Rent, provided that if a different calculation is required by the HOME
Regulations, such calculation must be used for the HOME-Assisted Units during the HOME
Term.
(e) "BART" has the meaning set forth in Paragraph E of the Recitals.
(f) "City" means the City of El Cerrito, a municipal corporation.
(g) "Completion Date" means the date a final certificate of occupancy, or
equivalent document is issued by the City to certify that the Development may be legally
occupied.
(h) "County-Assisted Units" means the thirty-one (31) Units to be constructed
on the Property that are restricted to occupancy by Extremely Low Income Households, Very-
Low Income Households, and Low Income Households in compliance with Section 2.1 below.
(i) "County Loan" has the meaning set forth in Paragraph F of the Recitals.
(j) "Deed of Trust" means the Deed of Trust with Assignment of Rents,
Security Agreement and Fixture Filing of even date herewith by and among Borrower, as trustor,
Chicago Title Company, as trustee, and the County, as beneficiary, that encumbers the Property
to secure repayment of the County Loan and Borrower's performance of the Loan Documents.
(k) "Development" has the meaning set forth in Paragraph E of the Recitals.
4
863\119\4070598.3
(l) "Development Regulatory Documents" has the meaning set forth in
Section 4.2(a).
(m) "Extremely Low Income Household" means a household with an Adjusted
Income that does not exceed thirty percent (30%) of Median Income, adjusted for Actual
Household Size, and with respect to the occupancy of a HOME-Assisted Unit during the HOME
Term, is not an individual student not eligible to receive Section 8 assistance under 24 C.F.R.
5.612.
(n) "Extremely Low Income Rent" means a monthly Rent that does not
exceed one-twelfth (1/12) of thirty percent (30%) of thirty percent (30%) of Median Income,
adjusted for Assumed Household Size.
(o) "Extremely Low Income Units" means the Units which, pursuant to
Section 2.1(a) below, are required to be occupied by Extremely Low Income Households.
(p) "Fifteen Year Compliance Period" means the fifteen (15) year compliance
period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended.
(q) "Ground Lease" has the meaning set forth in Paragraph E of the Recitals.
(r) "HOME" has the meaning set forth in Paragraph B of the Recitals.
(s) "HOME Funds" has the meaning set forth in Paragraph B of the Recitals.
(t) "HOME Regulations" has the meaning set forth in Paragraph B of the
Recitals.
(u) "HOME Term" means the term of this Agreement which commences as of
the date of this Regulatory Agreement, and unless sooner terminated pursuant to the terms of this
Regulatory Agreement, expires on the twenty-first (21st) anniversary of the Permanent
Conversion; provided, however, if a record of the Permanent Conversion cannot be located or
established, the HOME Term will expire on the twenty-third (23rd) anniversary of this
Regulatory Agreement.
(v) "HOME-Assisted Units" means the six (6) Extremely Low Income Units
that are "floating" Units as defined in 24 C.F.R. 92.252(j).
(w) "HCD" has the meaning set forth in Paragraph C of the Recitals.
(x) "HUD" has the meaning set forth in Paragraph B of the Recitals.
(y) "Improvements" has the meaning set forth in Paragraph E of the Recitals.
(z) "Investor Limited Partner" means Wincopin Circle LLLP, a Maryland
limited liability limited partnership, FRE Enterprise Affordable Housing Fund I, LLLP, a
Maryland limited liability limited partnership, and their permitted successors and assigns.
5
863\119\4070598.3
(aa) "Leasehold Interest" has the meaning set forth in Paragraph E of the
Recitals.
(bb) "Loan Agreement" has the meaning set forth in Paragraph F of the
Recitals.
(cc) "Loan Documents" has the meaning set forth in Paragraph H of the
Recitals.
(dd) "Low Income Household" means a household with an Adjusted Income
that does not exceed sixty percent (60%) of Median Income, adjusted for Actual Household Size.
(ee) "Low Income Rent" means a monthly Rent that does not exceed one-
twelfth (1/12) of thirty percent (30%) of sixty percent (60%) of Median Income, adjusted for
Assumed Household Size.
(ff) "Low Income Units" means the Units which, pursuant to Section 2.1(c)
below, are required to be occupied by Low Income Households.
(gg) "Maintenance Standards" has the meaning set forth in Section 5.6 (a).
(hh) "Marketing Plan" has the meaning set forth in Section 4.3(a).
(ii) "Measure X" has the meaning set forth in Paragraph D of the Recitals.
(jj) "Measure X-Assisted Units" means the following County-Assisted Units:
one (1) Extremely Low Income Unit, thirteen (13) Very Low Income Units, and four (4) Low
Income Units.
(kk) "Measure X Funds" has the meaning set forth in Paragraph D of the
Recitals.
(ll) "Median Income" means the median gross yearly income, adjusted for
Actual Household Size as specified herein, in the County of Contra Costa, California, as
published from time to time by HUD. In the event that such income determinations are no
longer published, or are not updated for a period of at least eighteen (18) months, the County
shall provide Borrower with other income determinations that are reasonably similar with respect
to methods of calculation to those previously published by HUD.
(mm) "Partnership Agreement" means the First Amended and Restated
Agreement of Limited Partnership, dated on or about November____, 2025, that governs the
operation and organization of Borrower as a California limited partnership.
(nn) "Permanent Conversion" has the meaning set forth in Section 1.1(ooo) of
the Loan Agreement
(oo) "PLHA" has the meaning set forth in Paragraph C of the Recitals.
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(pp) "PLHA-Assisted Units" means the following County-Assisted Units: six
(6) Extremely Low Income Units, and one (1) Very Low Income Unit.
(qq) "PLHA Funds" has the meaning set forth in Paragraph C of the Recitals
(rr) "PLHA NOFA" has the meaning set forth in Paragraph C of the Recitals.
(ss) "PLHA Requirements" has the meaning set forth in Paragraph C of the
Recitals.
(tt) "PLHA Standard Agreement" has the meaning set forth in Paragraph C of
the Recitals.
(uu) "PLHA Statute" has the meaning set forth in Paragraph C of the Recitals.
(vv) "Property" has the meaning set forth in Paragraph E of the Recitals.
(ww) "Regulatory Agreement" has the meaning set forth in the first paragraph of
this agreement.
(xx) "Rent" means the total monthly payments by the Tenant of a Unit for the
following: use and occupancy of the Unit and land and associated facilities; any separately
charged fees or service charges assessed by Borrower which are customarily charged in rental
housing and required of all Tenants (subject to the limitations set forth in 24 C.F.R. 92.214(b)(3)
for the HOME-Assisted Units during the HOME Term), other than security deposits; an
allowance for the cost of an adequate level of service for utilities paid by the Tenant, including
garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration
fuel, but not telephone service or cable TV; and any other interest, taxes, fees or charges for use
of the land or associated facilities and assessed by a public or private entity other than Borrower,
and paid by the Tenant.
(yy) "TCAC" means the California Tax Credit Allocation Committee.
(zz) "Technology Plan" has the meaning set forth in Section 4.3(c).
(aaa) "Tenant" means the tenant household that occupies a Unit in the
Development.
(bbb) "Tenant Selection Plan" has the meaning set forth in Section 4.3(b).
(ccc) "Term" means the term of this Agreement which commences as of the
date of this Regulatory Agreement, and unless sooner terminated pursuant to the terms of this
Regulatory Agreement, expires on the fifty-fifth (55th) anniversary of the Permanent
Conversion; provided, however, if a record of the Permanent Conversion cannot be located or
established, the Term will expire on the fifty-seventh (57th) anniversary of this Regulatory
Agreement.
(ddd) "Transfer" has the meaning set forth in Section 6.1.
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(eee) "Unit(s)" means one (1) or more of the units in the Development.
(fff) "Very Low Income Household" means a household with an Adjusted
Income that does not exceed fifty percent (50%) of Median Income, adjusted for Actual
Household Size.
(ggg) "Very Low Income Rent" means a monthly Rent that does not exceed one-
twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for
Assumed Household Size.
(hhh) "Very Low Income Units" means the Units which, pursuant to Section
2.1(b) below, are required to be occupied by Very Low Income Households.
ARTICLE 2
AFFORDABILITY AND OCCUPANCY COVENANTS
2.1 Occupancy Requirements.
(a) Extremely Low Income Units. During the Term Borrower shall cause
thirteen (13) Units to be rented to and occupied by or, if vacant, available for occupancy by,
Extremely Low Income Households, six (6) of which are HOME-Assisted Units, one (1) of
which is a Measure X-Assisted Unit, and six (6) of which are PLHA-Assisted Units.
(b) Very Low Income Units. During the Term Borrower shall cause fourteen
(14) Units to be rented to and occupied by or, if vacant, available for occupancy by Very Low
Income Households, thirteen (13) of which are Measure X-Assisted Units, and one (1) of which
is a PLHA-Assisted Unit.
(c) Low Income Units. During the Term Borrower shall cause four (4) Units
to be rented to and occupied by or, if vacant, available for occupancy by Low Income
Households, all of which are Measure X-Assisted Units.
(d) Intermingling of Units. Borrower shall cause the County-Assisted Units
to be intermingled throughout the Development and of comparable quality to all other Units. All
Tenants must have equal access to and enjoyment of all common facilities in the Development.
The County-Assisted Units must be of the bedroom size set forth in the following chart:
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Units Assisted, 2 PLHA-Assisted Units)
Units Units, 1 Measure X-
Assisted Unit, 2
PLHA-Assisted
Assisted Units)
Units Units, 2 PLHA-assisted Units, 1 Assisted Units)
Total 13 14 4
(e) Disabled Persons Occupancy.
(1) Borrower shall cause the Development to be operated at all times
in compliance with all applicable federal, state, and local disabled persons accessibility
requirements including, but not limited to the applicable provisions of: (i) the Unruh Act, (ii) the
California Fair Employment and Housing Act, (iii) Section 504 of the Construction Act of 1973,
(iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of
1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which
relate to disabled persons access (collectively, the "Accessibility Requirements").
(2) Borrower shall indemnify, protect, hold harmless and defend (with
counsel reasonably satisfactory to the County) the County, and its board members, officers and
employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens
arising out of Borrower's failure to comply with the Accessibility Requirements. This obligation
to indemnify survives termination of this Regulatory Agreement, repayment of the County Loan
and the reconveyance of the Deed of Trust.
(f) HOME-Assisted Unit Compliance Deadline. Each HOME-Assisted Unit
must be rented to and occupied by an Extremely Low Income Household pursuant to Section
2.1(a) above on or before the date that occurs eighteen (18) months after the Completion Date. If
Borrower fails to comply with this requirement, Borrower shall repay a portion of the County
Loan, with interest, in accordance with Section 2.8(c) of the Loan Agreement.
2.2 Allowable Rent.
(a) Extremely Low Income Rent. Subject to the provisions of Section 2.5
below, the Rent paid by Tenants of the Extremely Low Income Units, may not exceed the
Extremely Low Income Rent.
(b) Very Low Income Rent. Subject to the provisions of Section 2.5 below,
the Rent paid by Tenants of the Very Low Income Units may not exceed the Very Low Income
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Rent.
(c) Low Income Rent. Subject to the provisions of Section 2.5 below, the
Rent paid by Tenants of the Very Low Income Units may not exceed the Low Income Rent.
(d) No Additional Fees. Borrower may not charge any fee, other than Rent, to
any Tenant of the County-Assisted Units for any housing or other services provided by
Borrower.
2.3 HOME Term; Compliance with TCAC Requirements. Following expiration of
the HOME Term: (i) the HOME-Assisted Units will no longer be restricted pursuant to the
HOME Regulations but will continue to be restricted by the County as County-Assisted Units
pursuant to this Agreement, and (ii) the HOME Regulations will no longer apply to the
Development. After the HOME Term, and during the term of any regulatory agreement
associated with the provision of low income housing tax credits by TCAC and recorded against
the Property (the "TCAC Regulatory Agreement"), Borrower may use the occupancy standards,
occupancy assumptions, income limits, and rent levels that are permitted by TCAC in the TCAC
Regulatory Agreement, in place of such requirements imposed by this Regulatory Agreement.
2.4 Rent Increases.
(a) Rent Amount. The initial Rent for all County-Assisted Units must be
approved by the County prior to occupancy. The County will provide Borrower with a schedule
of maximum permissible Rents for the County-Assisted Units and the maximum monthly
allowances for utilities and services (excluding telephone) annually, unless Borrower will be
using the TCAC requirements referenced in Section 2.3, above. The method of calculation of
utility allowances will be determined by mutual agreement of the County and Borrower, using
one of the methodologies permitted by the HOME Regulations.
(b) Rent Increases. All Rent increases for all County-Assisted Units are
subject to County approval. No later than sixty (60) days prior to the proposed implementation
of any Rent increase affecting a County Assisted Unit, Borrower shall submit to the County a
schedule of any proposed increase in the Rent charged for County-Assisted Units. The Rent for
such Units may be increased no more than once annually based upon the annual income
certification described in Article 3. The County will disapprove a Rent increase if it violates the
schedule of maximum permissible Rents for the County-Assisted Units provided to Borrower by
the County, or is greater than a 5% increase over the previous year's Rent, provided that the
County may approve, in its sole discretion, a request from Borrower for a rent increase greater
than 5%, with a written explanation for the request from Borrower. Borrower shall give Tenants
written notice at least thirty (30) days prior to any Rent increase, following completion of the
County approval process set forth above.
2.5 Increased Income of Tenants.
(a) Increased Income above Extremely Low Income to at or below Very Low
Income Limit. Subject to Section 2.4 above, if, upon the annual certification of the income of a
Tenant of a County-Assisted Unit, Borrower determines that the income of the Tenant has
increased above the qualifying limit for an Extremely Low Income Household, but not above the
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qualifying income for a Very Low Income Household, the Tenant may continue to occupy the
Unit and the Tenant's Rent will remain at the Extremely Low Income Rent. Borrower shall then
rent the next available Unit to an Extremely Low Income Household to comply with the
requirements of Section 2.1(a) above, at a Rent not exceeding the maximum Rent specified in
Section 2.2(a), or re-designate another comparable Unit in the Development with an Extremely
Low Income Household an Extremely Low Income Unit, to comply with the requirements of
Section 2.1(a) above. Upon renting the next available Unit in accordance with Section 2.1(a) or
re-designating another Unit in the Development as an Extremely Low Income Unit, the Unit with
the over-income Tenant will no longer be considered a County-Assisted Unit.
(b) Increased Income above Very Low Income but below Low Income. If,
upon the annual certification of the income of a Tenant of a Very Low Income Unit, Borrower
determines that the income of the Tenant has increased above the qualifying limit for a Very
Low Income Household, but not above the qualifying income for a Low Income Household, the
Tenant may continue to occupy the Unit and the Tenant's Rent will remain at the Very Low
Income Rent. Borrower shall then rent the next available Unit to a Very Low Income Household
to comply with the requirements of Section 2.1(b) above, at a Rent not exceeding the maximum
Rent specified in Section 2.2(b), or re-designate another comparable Unit in the Development
with a Very Low Income Household a Very Low Income Unit, to comply with the requirements
of Section 2.1(b) above. Upon renting the next available Unit in accordance with Section 2.1(b)
or re-designating another Unit in the Development as a Very Low Income Unit, the Unit with the
over-income Tenant will no longer be considered a County-Assisted Unit.
(c) Non-Qualifying Household. If, upon the annual certification of the income
a Tenant of a County Assisted Unit, Borrower determines that the Tenant’s income has increased
above the qualifying limit for a Low Income Household, the Tenant may continue to occupy the
Unit and such Unit will be deemed to be continuously occupied by a household of the same
income level as the initial income level of the Tenant. Upon the expiration of such Tenant's
lease, Borrower shall:
(1) With 30 days’ advance written notice, increase such Tenant’s Rent
to the lesser of (i) one-twelfth (1/12) of thirty percent (30%) of the actual Adjusted Income of the
Tenant, and (ii) the fair market rent (subject to 24 C.F.R. 92.252(i)(2) regarding low income
housing tax credit requirements), and
(2) Rent the next available Unit to an Extremely Low Income
Household, Very Low Income Household, or Low Income Household as applicable, to comply
with the requirements of Section 2.1 above, at a Rent not exceeding the maximum Rent specified
in Section 2.2, or designate another comparable Unit that is occupied by an Extremely Low
Income Household, Very Low Income Household or Low Income Household, as applicable, as
an Extremely Low Income Unit, a Very Low Income Unit or Low Income Unit, as applicable, to
meet the requirements of Section 2.1 above. On the day that Borrower complies with Section 2.1
in accordance with this Section 2.5(c), the Unit with the over-income Tenant will no longer be
considered a County-Assisted Unit.
(d) Termination of Occupancy. Upon termination of occupancy of a County
Assisted Unit by a Tenant, such Unit will be deemed to be continuously occupied by a household
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of the same income level as the initial income level of the vacating Tenant, until such unit is
reoccupied, at which time categorization of the Unit will be established based on the occupancy
requirements of Section 2.1.
ARTICLE 3
INCOME CERTIFICATION; REPORTING; RECORDS
3.1 Income Certification. Borrower shall obtain, complete, and maintain on file,
within sixty (60) days before expected occupancy and annually thereafter, income certifications
from each Tenant renting any of the County-Assisted Units. Borrower shall make a good faith
effort to verify the accuracy of the income provided by the applicant or occupying household, as
the case may be, in an income certification. To verify the information, Borrower shall take two
or more of the following steps: (i) obtain a pay stub for the most recent pay period; (ii) obtain an
income tax return for the most recent tax year; (iii) conduct a credit agency or similar search; (iv)
obtain an income verification form from the applicant's current employer; (v) obtain an income
verification form from the Social Security Administration and/or the California Department of
Social Services if the applicant receives assistance from either of such agencies; or (vi) if the
applicant is unemployed and does not have a tax return, obtain another form of independent
verification. Where applicable, Borrower shall examine at least two (2) months of relevant
source documentation. Copies of Tenant income certifications are to be available to the County
upon request.
3.2 Reporting Requirements.
(a) Borrower shall submit to the County within one hundred eighty (180) days
after the Completion Date, and not later than forty-five (45) days after the close of each calendar
year, or such other date as may be requested by the County, a report that includes the following
data for each Unit and specifically identifies which Units are County-Assisted Units: (i) Tenant
income, (ii) the number of occupants, (iii) the Rent, (iv) the number of bedrooms, and (v) the
initial address of each Tenant. To demonstrate continued compliance with Section 2.1 Borrower
shall cause each annual report after the initial report to include a record of any subsequent Tenant
substitutions and any vacancies in County-Assisted Units that have been filled.
(b) Borrower shall submit to the County within forty-five (45) days after
receipt of a written request, or such other time agreed to by the County, any other information or
completed forms requested by the County in order to comply with reporting requirements of
HUD, the State of California, HCD, and the County.
3.3 Tenant Records. Borrower shall maintain complete, accurate and current records
pertaining to income and household size of Tenants. All Tenant lists, applications and waiting
lists relating to the Development are to be at all times: (i) separate and identifiable from any
other business of Borrower, (ii) maintained as required by the County, in a reasonable condition
for proper audit, and (iii) subject to examination during business hours by representatives of the
County. Borrower shall retain copies of all materials obtained or produced with respect to
occupancy of the Units for a period of at least five (5) years. The County may examine and make
copies of all books, records or other documents of Borrower that pertain to the Development.
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3.4 Development Records.
(a) Borrower shall keep and maintain at the principal place of business of the
Borrower set forth in Section 6.11 below, or elsewhere with the County's written consent, full,
complete and appropriate books, records and accounts relating to the Development. Borrower
shall cause all books, records and accounts relating to its compliance with the terms, provisions,
covenants and conditions of the Loan Documents to be kept and maintained in accordance with
generally accepted accounting principles consistently applied, and to be consistent with
requirements of this Regulatory Agreement. Borrower shall cause all books, records, and
accounts to be open to and available for inspection and copying by HUD, HCD, the County, its
auditors or other authorized representatives at reasonable intervals during normal business hours.
Borrower shall cause copies of all tax returns and other reports that Borrower may be required to
furnish to any government agency to be open for inspection by the County at all reasonable times
at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve
such records for a period of not less than five (5) years after their creation in compliance with all
HUD records and accounting requirements. If any litigation, claim, negotiation, audit exception,
monitoring, inspection or other action relating to the use of the County Loan is pending at the
end of the record retention period stated herein, then Borrower shall retain the records until such
action and all related issues are resolved. Borrower shall cause the records to include all
invoices, receipts, and other documents related to expenditures from the County Loan funds.
Borrower shall cause records to be accurate and current and in a form that allows the County to
comply with the record keeping requirements contained in 24 C.F.R. 92.508. Such records are
to include but are not limited to:
(i) Records providing a full description of the activities undertaken
with the use of the County Loan funds;
(ii) Records demonstrating compliance with the HUD property
standards and lead-based paint requirements and the maintenance requirements set forth in
Section 5.6 (which implements 24 C.F.R. 92.251);
(iii) Records documenting compliance with the fair housing, equal
opportunity, and affirmative fair marketing requirements;
(iv) Financial records as required by 24 C.F.R. 92.505, and 2 C.F.R.
Part 200;
(v) Records demonstrating compliance with the HOME marketing,
tenant selection, affordability, and income requirements;
(vi) Records demonstrating compliance with the PLHA Requirements;
(vii) Records demonstrating compliance with MBE/WBE requirements;
(viii) Records demonstrating compliance with 24 C.F.R. Part 135 which
implements Section 3 of the Housing Development Act of 1968;
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(ix) Records demonstrating compliance with applicable relocation
requirements, which must be retained for at least five (5) years after the date by which persons
displaced from the property have received final payments; and
(x) Records demonstrating compliance with labor requirements
including certified payrolls from Borrower's general contractor evidencing that applicable
prevailing wages have been paid.
(b) The County shall notify Borrower of any records it deems insufficient.
Borrower has fifteen (15) calendar days after the receipt of such a notice to correct any
deficiency in the records specified by the County in such notice, or if a period longer than fifteen
(15) days is reasonably necessary to correct the deficiency, then Borrower must begin to correct
the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible.
Records required pursuant to the HOME Regulations are only required to be maintained during
the HOME Term.
ARTICLE 4
OPERATION OF THE DEVELOPMENT
4.1 Residential Use. Borrower shall operate the Development for residential use
only. No part of the Development may be operated as transient housing.
4.2 Compliance with Loan Documents and Regulatory Requirements.
(a) Borrower's actions with respect to the Property shall at all times be in full
conformity with: (i) all requirements of the Loan Documents; (ii) all requirements imposed on
projects assisted with PLHA Funds, HOME Funds, and Measure X Funds; and (iii) any other
regulatory requirements imposed on the Development including but not limited to regulatory
agreements associated with the Low Income Housing Tax Credits provided by TCAC, regulatory
agreements associated with financing and subsidies provided by the City and HCD, and rental
subsidies provided to the Development (the "Development Regulatory Documents").
(b) Borrower shall promptly notify the County in writing of the existence of
any default under any Development Regulatory Documents, and provide the County copies of
any such notice of default.
4.3 Marketing Plan; Tenant Selection Plan; Technology Plan.
(a) Marketing Plan.
(1) No later than six (6) months prior to the date construction of the
Development is projected to be complete, Borrower shall submit to the County for approval its
plan for marketing the Development to income-eligible households as required by this
Regulatory Agreement (the "Marketing Plan"). The Marketing Plan must include information
on affirmative marketing efforts and compliance with fair housing laws and 24 C.F.R.
92.351(a).
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(2) Upon receipt of the Marketing Plan, the County will promptly
review the Marketing Plan and will approve or disapprove it within fifteen (15) days after
receipt. If the Marketing Plan is not approved, the County will give Borrower specific reasons
for such disapproval and Borrower shall submit a revised Marketing Plan within fifteen (15)
days of notification of the County's disapproval. Borrower shall follow this procedure for
resubmission of a revised Marketing Plan until the Marketing Plan is approved by the County.
If the Borrower does not submit a revised Marketing Plan that is approved by the County at
least three (3) months prior to the date construction of the Development is projected to be
complete, Borrower will be in default of this Regulatory Agreement.
(3) If any HOME-Assisted Units have not been rented in accordance
with Section 2.1 above on or before the date that is five (5) months after the Completion Date
Borrower shall submit to the County a detailed report of ongoing marketing efforts, and if
deemed appropriate by the County, any necessary amendments or updates to the Marketing Plan
to cause the vacant HOME-Assisted Units to be rented in compliance with Section 2.1.
(4) If any HOME-Assisted Units have not been rented to in
accordance with Section 2.1 above on or before the date that is twelve (12) months after the
Completion Date, Borrower shall submit to the County a detailed report of ongoing marketing
efforts including use of the County's Coordinated Entry System, and if deemed appropriate by
the County, any necessary amendments or updates to the Marketing Plan to cause the vacant
HOME-Assisted Units to be rented in compliance with Section 2.1.
(b) Tenant Selection Plan.
(1) No later than six (6) months prior to the date construction of the
Development is projected to be complete, Borrower shall submit to the County, for its review
and approval, Borrower's written tenant selection plan (the "Tenant Selection Plan"). Borrower's
Tenant Selection Plan must, at a minimum, meet the requirements for tenant selection set out in
24 C.F.R. 92.253(d) and any modifications thereto.
(2) Upon receipt of the Tenant Selection Plan, the County will
promptly review the Tenant Selection Plan and will approve or disapprove it within fifteen (15)
days after receipt. If the Tenant Selection Plan is not approved, the County will give Borrower
specific reasons for such disapproval and Borrower shall submit a revised Tenant Selection Plan
within fifteen (15) days of notification of the County's disapproval. Borrower shall follow this
procedure for resubmission of a revised Tenant Selection Plan until the Tenant Selection Plan is
approved by the County. If the Borrower does not submit a revised Tenant Selection Plan that is
approved by the County at least three (3) months prior to the date construction of the
Development is projected to be complete, Borrower will be in default of this Regulatory
Agreement.
(c) Technology Plan.
(1) No later than six (6) months prior to the date construction of the
Development is projected to be complete, Borrower shall submit to the County, for its review
and approval, Borrower's written plan describing the broadband services at the Development (the
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"Technology Plan"). Broadband means: cables, fiber optics, wiring, or other permanent (integral
to the structure) infrastructure, including wireless infrastructure, that is capable of providing
access to internet connections in individual housing units.
(2) Upon receipt of the Technology Plan, the County will promptly
review the Technology Plan and will approve or disapprove it within fifteen (15) days after
receipt. If the Technology Plan is not approved, the County will give Borrower specific reasons
for such disapproval and Borrower shall submit a revised Technology Plan within fifteen (15)
days of notification of the County's disapproval. Borrower shall follow this procedure for
resubmission of a revised Technology Plan until the Technology Plan is approved by the County.
If the Borrower does not submit a revised Technology Plan that is approved by the County at
least three (3) months prior to the date construction of the Development is projected to be
complete, Borrower will be in default of this Regulatory Agreement.
4.4 Lease Provisions.
(a) No later than four (4) months prior to the date construction of the
Development is projected to be complete, Borrower shall submit to the County for approval
Borrower’s proposed form of lease agreement for the County's review and approval. When
leasing Units within the Development, Borrower shall use the form of lease approved by the
County. During the HOME Term, Borrower may not permit the lease to contain any provision
that is prohibited by 24 C.F.R. Section 92.253(b) and any amendments thereto. During the
HOME Term, Borrower’s form of lease must include any provisions necessary to comply with
the requirements of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4,
127 Stat. 54) applicable to HUD-funded programs. The form of lease must comply with all
requirements of this Regulatory Agreement, the other Loan Documents and must, among other
matters:
(1) provide for termination of the lease for failure to: (i) provide any
information required under this Regulatory Agreement or reasonably requested by Borrower to
establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for
occupancy in the Development in accordance with the standards set forth in this Regulatory
Agreement, or (ii) qualify as an Extremely Low Income Household, Very Low Income
Household, or Low Income Household as applicable, as a result of any material
misrepresentation made by such Tenant with respect to the income computation;
(2) be for an initial term of not less than one (1) year, unless by mutual
agreement between the Tenant and Borrower, and provide for no increase in Rent during such
year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of
Borrower and the Tenant. Notwithstanding the above, any rent increases are subject to the
requirements of Article 2 above; and
(3) include a provision that requires a Tenant who is residing in a Unit
required to be accessible pursuant to Section 3.9(b) of the Loan Agreement, and who is not in
need of an accessible Unit to move to a non-accessible Unit when a non-accessible Unit becomes
available and another Tenant or prospective Tenant is in need of an accessible Unit.
16
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(b) During the Term, Borrower shall comply with the Marketing Plan and
Tenant Selection Plan approved by the County.
(c) Any termination of a lease or refusal to renew a lease for a County
Assisted Unit within the Development must be preceded by not less than thirty (30) days written
notice to the Tenant by Borrower specifying the grounds for the action, and during the HOME
Term, must be in conformance with the requirements of 24 C.F.R. 92.253(c) and the Violence
Against Women Reauthorization Act of 2013 ((Pub. L. 113–4, 127 Stat. 54) applicable to HUD-
funded programs.
4.5 HOME Regulations.
(a) Borrower shall comply with all applicable laws and regulations
governing the use of HOME Funds as set forth in 24 C.F.R. Part 92 during the HOME Term. In
the event of any conflict between this Regulatory Agreement and applicable laws and regulations
governing the use of the County Loan funds, the applicable laws and regulations govern.
(b) The laws and regulations governing the use of the County Loan
funds include (but are not limited to) the following as such may be amended from time to time:
(i) Environmental and Historic Preservation. 24 C.F.R. Part 58,
which prescribes procedures for compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4361), and the additional laws and authorities listed at 24 C.F.R. 58.5;
(ii) Applicability of Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. The applicable policies, guidelines,
and requirements of 2 C.F.R. Part 200 and 24 C.F.R. 92.505;
(iii) Debarred, Suspended or Ineligible Contractors. The prohibition on
the use of debarred, suspended, or ineligible contractors set forth in 24 C.F.R. Part 24;
(iv) Civil Rights, Housing and Community Development, and Age
Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.) and implementing
regulations at 24 C.F.R. Part 100; Title VI of the Civil Rights Act of 1964 as amended; Title
VIII of the Civil Rights Act of 1968 as amended; Section 104(b) and Section 109 of Title I of
the Housing and Community Development Act of 1974 as amended; Section 504 of the
Construction Act of 1973 (29 USC 794, et seq.); the Age Discrimination Act of 1975 (42 USC
6101, et seq.); Executive Order 11063 as amended by Executive Order 12259 and implementing
regulations at 24 C.F.R. Part 107; Executive Order 11246 as amended by Executive Orders
11375, 12086, 11478, 12107; Executive Order 11625 as amended by Executive Order 12007;
Executive Order 12432; Executive Order 12138 as amended by Executive Order 12608;
(v) Lead-Based Paint. The requirement of the Lead-Based Paint
Poisoning Prevention Act, as amended (42 U.S.C. 4821 et seq.), the Residential Lead-Based
Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and implementing regulations at 24
C.F.R. Part 35;
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(vi) Relocation. The requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.), and
implementing regulations at 49 C.F.R. Part 24; Section 104(d) of the Housing and Community
Development Act of 1974 and implementing regulations at 24 C.F.R. 42 et seq.; 24 C.F.R.
92.353; and California Government Code Section 7260 et seq. and implementing regulations at
25 California Code of Regulations Sections 6000 et seq. If and to the extent that development
of the Development results in the permanent or temporary displacement of residential tenants,
homeowners, or businesses, then Borrower shall comply with all applicable local, state, and
federal statutes and regulations with respect to relocation planning, advisory assistance, and
payment of monetary benefits. Borrower shall prepare and submit a relocation plan to the
County for approval. Borrower is solely responsible for payment of any relocation benefits to
any displaced persons and any other obligations associated with complying with such relocation
laws. Borrower shall indemnify, defend (with counsel reasonably chosen by the County), and
hold harmless the County against all claims that arise out of relocation obligations to residential
tenants, homeowners, or businesses permanently or temporarily displaced by the Development;
(vii) Discrimination against the Disabled. The requirements of the Fair
Housing Act (42 U.S.C. 3601 et seq.) and implementing regulations at 24 C.F.R. Part 100;
Section 504 of the Construction Act of 1973 (29 U.S.C. 794), and federal regulations issued
pursuant thereto, which prohibit discrimination against the disabled in any federally assisted
program, the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and
the applicable requirements of Title II and/or Title III of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.), and federal regulations issued pursuant thereto;
(viii) Clean Air and Water Acts. The Clean Air Act, as amended,
42 U.S.C. 7401 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40
C.F.R. Part 1500, as amended from time to time;
(ix) Training Opportunities. The requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u and implementing
Regulations at 24 C.F.R. 75 ("Section 3");
(A) Pursuant to Section 3, to the greatest extent feasible, and
consistent with existing Federal, state, and local laws and regulations Borrower shall ensure:
a. that employment and training opportunities arising
in connection with the Development are provided to Section 3 workers within the metropolitan
area (or nonmetropolitan county) in which the Development is located. Where feasible, priority
for opportunities and training described above should be given to: (i) Section 3 workers residing
within the service area or the neighborhood of the project, and (ii) participants in YouthBuild
programs; and
b. that contracts for work awarded in connection with
the Development are provided to business concerns that provide economic opportunities to
Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which
the Development is located. Where feasible, priority for opportunities and training described
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above should be given to: (i) Section 3 business concerns that provide economic opportunities to
Section 3 workers residing within the service area or the neighborhood of the Development, and
(ii) participants in YouthBuild programs.
(B) Borrower will be considered to have complied with the
Section 3 requirements, in the absence of evidence to the contrary, if it certifies that it has
followed the prioritization of effort set forth in subsection (1) above, and meets or exceeds the
applicable Section 3 benchmark as described in 24 C.F.R. 75.23(b).
(C) Borrower shall maintain records of its Section 3 activities
and cause such records to be accurate and current and in a form that allows the County to comply
with the reporting requirements of 24 C.F.R. 75.25.
(D) Borrower shall require all contractors and subcontractors
performing work on the Development to comply with the Section 3 requirements.
(x) Labor Standards. The labor requirements set forth in 24 C.F.R.
92.354; the prevailing wage requirements of the Davis-Bacon Act and implementing rules and
regulations (40 U.S.C. 3141-3148); the Copeland "Anti-Kickback" Act (40 U.S.C. 276(c))
which requires that workers be paid at least once a week without any deductions or rebates
except permissible deductions; the Contract Work Hours and Safety Standards Act – CWHSSA
(40 U.S.C. 3701-3708) which requires that workers receive "overtime" compensation at a rate
of 1-1/2 times their regular hourly wage after they have worked forty (40) hours in one (1)
week; and Title 29, Code of Federal Regulations, Subtitle A, Parts 1, 3 and 5 are the regulations
and procedures issued by the Secretary of Labor for the administration and enforcement of the
Davis-Bacon Act, as amended;
(xi) Drug Free Workplace. The requirements of the Drug Free
Workplace Act of 1988 (P.L. 100-690) and implementing regulations at 24 C.F.R. Part 24;
(xii) Anti-Lobbying; Disclosure Requirements. The disclosure
requirements and prohibitions of 31 U.S.C. 1352 and implementing regulations at 24 C.F.R.
Part 87;
(xiii) Historic Preservation. The historic preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. Section 470)
and the procedures set forth in 36 C.F.R. Part 800. If archeological, cultural, or historic period
resources are discovered during construction, all construction work must come to a halt and
Borrower shall immediately notify the County. Borrower shall not alter or move the discovered
material(s) until all appropriate procedures for "post-review discoveries" set forth in Section
106 of the National Historic Preservation Act have taken place, which include, but are not
limited to, consultation with the California State Historic Preservation Officer and evaluation of
the discovered material(s) by a qualified professional archeologist;
(xiv) Religious Organizations. If the Borrower is a religious
organization, as defined by the HOME Regulations, the Borrower shall comply with all
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conditions prescribed by HUD for the use of the HOME Funds by religious organizations,
including the First Amendment of the United States Constitution regarding church/state
principles and the applicable constitutional prohibitions set forth in 24 C.F.R. 92.257;
(xv) Violence Against Women. The requirements of the Violence
Against Women Reauthorization Act of 2013 (Pub. L. 113–4, 127 Stat. 54) applicable to HUD-
funded programs;
(xvi)Conflict of Interest. The conflict of interest provisions set forth in
24 C.F.R. 92.356; and
(xvii) HUD Regulations. Any other HUD regulations present or as may
be amended, added, or waived in the future pertaining to the County Loan funds.
ARTICLE 5
PROPERTY MANAGEMENT AND MAINTENANCE
5.1 Management Responsibilities. Borrower is responsible for all management
functions with respect to the Development, including without limitation the selection of Tenants,
certification and recertification of household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital
items, and security. The County has no responsibility for management of the Development.
Borrower shall retain a professional property management company approved by the County in
its reasonable discretion to perform Borrower's management duties hereunder. An on-site
property management representative is required to reside at the Property.
5.2 Management Agent. Borrower shall cause the Development to be managed by an
experienced management agent reasonably acceptable to the County, with a demonstrated ability
to operate residential facilities like the Development in a manner that will provide decent, safe,
and sanitary housing (the "Management Agent"). The County has approved RA Management,
LLC as the Management Agent. Borrower shall submit for the County's approval the identity of
any proposed subsequent management agent. Borrower shall also submit such additional
information about the background, experience and financial condition of any proposed
management agent as is reasonably necessary for the County to determine whether the proposed
management agent meets the standard for a qualified management agent set forth above. If the
proposed management agent meets the standard for a qualified management agent set forth
above, the County shall approve the proposed management agent by notifying Borrower in
writing. Unless the proposed management agent is disapproved by the County within thirty (30)
days, which disapproval is to state with reasonable specificity the basis for disapproval, it shall
be deemed approved.
5.3 Periodic Performance Review. The County reserves the right to conduct an
annual (or more frequently, if deemed necessary by the County) review of the management
practices and financial status of the Development. The purpose of each periodic review will be
to enable the County to determine if the Development is being operated and managed in
accordance with the requirements and standards of this Regulatory Agreement. Borrower shall
cooperate with the County in such reviews.
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5.4 Replacement of Management Agent. If, as a result of a periodic review, the
County determines in its reasonable judgment that the Development is not being operated and
managed in accordance with any of the material requirements and standards of this Regulatory
Agreement, the County shall deliver notice to Borrower of its intention to cause replacement of
the Management Agent, including the reasons therefor. Within fifteen (15) days after receipt by
Borrower of such written notice, the County staff and Borrower shall meet in good faith to
consider methods for improving the financial and operating status of the Development,
including, without limitation, replacement of the Management Agent.
If, after such meeting, County staff recommends in writing the replacement of the
Management Agent, Borrower shall promptly dismiss the then-current Management Agent, and
shall appoint as the Management Agent a person or entity meeting the standards for a
management agent set forth in Section 5.2 above and approved by the County pursuant to
Section 5.2 above.
Any contract for the operation or management of the Development entered into by
Borrower shall provide that the Management Agent may be dismissed and the contract
terminated as set forth above. Failure to remove the Management Agent in accordance with the
provisions of this Section constitutes a default under this Regulatory Agreement, and the County
may enforce this provision through legal proceedings as specified in Section 6.6 below.
5.5 Approval of Management Policies. Borrower shall submit its written
management policies with respect to the Development to the County for its review, and shall
amend such policies in any way necessary to ensure that such policies comply with the
provisions of this Regulatory Agreement.
5.6 Property Maintenance.
(a) Borrower shall maintain, for the entire Term of this Regulatory
Agreement, all interior and exterior improvements, including landscaping: (i) in decent, safe and
sanitary condition, (ii) in good condition and repair, and (iii) free of all health and safety defects.
Such maintenance must be in accordance with (x) all applicable laws, rules, ordinances, orders
and regulations of all federal, state, county, municipal, and other governmental agencies and
bodies having or claiming jurisdiction and all their respective departments, bureaus, and
officials, (y) any other standards provided by the County, and (z) during the HOME Term, 24
C.F.R. Section 92.251 and the lead-based paint requirements in 24 C.F.R. part 35, (collectively,
the "Maintenance Standards"). Borrower shall correct any life-threatening maintenance
deficiencies, including those set forth in the Maintenance Standards, immediately upon
notification.
(b) At the beginning of each year of the Term, Borrower shall certify to the
County that the Development is in compliance with the Maintenance Standards.
5.7 Property Inspections.
(a) On-Site Physical Inspections. The County will perform on-site inspections
of the Development during the Term to ensure compliance with the Maintenance Standards.
The County will perform an on-site inspection within twelve months after completion of
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construction of the Development and at least once every three (3) years during the Term. If the
Development is found to have health and safety violations, the County may perform more
frequent inspections. Borrower shall cooperate in such inspections.
(b) Violation of Maintenance Standards. If after an inspection, the County
determines that Borrower is in violation of the Maintenance Standards, the County will provide
Borrower a written report of the violations. Borrower shall correct the violations set forth in the
report provided to Borrower by County. The County will perform a follow-up inspection to
verify that the violations have been corrected. If such violations continue for a period of ten
(10) days after delivery of the report to Borrower by the County with respect to graffiti, debris,
waste material, and general maintenance, or thirty (30) days after delivery of the report to
Borrower by the County with respect to landscaping and building improvements, then the
County, in addition to whatever other remedy it may have at law or in equity, has the right to
enter upon the Property and perform or cause to be performed all such acts and work necessary
to cure the violation. Pursuant to such right of entry, the County is permitted (but is not
required) to enter upon the Property and to perform all acts and work necessary to protect,
maintain, and preserve the improvements and landscaped areas on the Property, and to attach a
lien on the Property, or to assess the Property, in the amount of the expenditures arising from
such acts and work of protection, maintenance, and preservation by the County and/or costs of
such cure, which amount Borrower shall promptly pay to the County upon demand.
ARTICLE 6
MISCELLANEOUS
6.1 Transfers.
(a) For purposes of this Agreement, "Transfer" means any sale, assignment,
or transfer, whether voluntary or involuntary, of: (i) any rights and/or duties under the Loan
Documents; and/or (ii) any interest in the Development and/or Borrower, including (but not
limited to) a fee simple interest, a joint tenancy interest, a life estate, a partnership interest, a
leasehold interest, a security interest, or an interest evidenced by a land contract by which
possession of the Development is transferred and Borrower retains title. The term "Transfer"
excludes the leasing of any single unit in the Development to an occupant in compliance with
this Regulatory Agreement. The County Director – Department of Conservation and
Development is authorized to execute assignment and assumption agreements on behalf of the
County to implement any approved Transfer.
(b) Except as otherwise permitted in this Section 6.1, no Transfer is permitted
without the prior written consent of the County, which the County may withhold in its sole
discretion. The County Loan will automatically accelerate and be due in full upon any Transfer
made without the prior written consent of the County.
(c) The County hereby approves the admission of the Investor Limited Partner
to Borrower as a limited partner. The County hereby approves future Transfers of the limited
partner interest of Borrower provided that: (i) such Transfers do not affect the timing and amount
of the Investor Limited Partner capital contributions provided for in the Partnership Agreement;
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and (ii) in subsequent Transfers, the Investor Limited Partner or an affiliate thereof, retains a
membership or partnership interest and serves as a managing member or managing general
partner of the successor limited partner.
(d) The County hereby approves a Transfer of the Property from Borrower to
The Related Companies of California, LLC or an affiliate and an assumption of the County Loan
by such transferee at or prior to or following the end of the Fifteen Year Compliance Period,
provided that: (i) such Transfer is pursuant to an option or right of first refusal agreement
referenced in the Partnership Agreement, (ii) the assignment and assumption agreement
evidencing such Transfer requires the transferee to expressly assume the obligations of Borrower
under the Loan Documents, and (iii) the County is provided executed copies of all documents
evidencing the Transfer.
(e) The County hereby approves the purchase of the Investor Limited Partner
interest by The Related Companies of California, LLC or an affiliate at or prior to or following
the end of the Fifteen Year Compliance Period, provided that (i) such Transfer is pursuant to an
option or right of first refusal agreement referenced in the Partnership Agreement, and (ii) the
County is provided executed copies of all documents evidencing the Transfer.
(f) In the event a general partner of Borrower is removed by the limited
partner of Borrower for cause following default under the Partnership Agreement, the County
hereby approves the Transfer of the general partner interest to (i) an entity that is selected by the
Investor Limited Partner and approved by the County, provided that if the removed general
partner is the managing general partner, the replacement general partner must be a 501(c)(3) tax
exempt nonprofit corporation or other entity with a 501(c)(3) tax exempt nonprofit corporation
member or partner, and (ii) the Investor Limited Partner or an affiliate thereof, but only for a
period not to exceed ninety (90) days from the date of removal of the general partner, during
which time such entity shall diligently seek a replacement general partner meeting the
requirements of subsection (i) above as applicable.
(g) The County hereby approves the grant of the security interests in the
Development for Approved Financing as such term is defined in Section 1.1(g) of the Loan
Agreement.
(h) The County hereby approves the assignment of the general partner interest
in Borrower for security purposes pursuant to Borrower’s Partnership Agreement and documents
evidencing Approved Financing.
6.2 Nondiscrimination.
(a) All of the Units must be available for occupancy on a continuous basis to
members of the general public who are income eligible. Borrower may not give preference to
any particular class or group of persons in renting or selling the Units, except to the extent that
the Units are required to be leased to income eligible households pursuant to this Regulatory
Agreement or any Development Regulatory Document. Borrower herein covenants by and for
Borrower, assigns, and all persons claiming under or through Borrower, that there exist no
23
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discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, sexual orientation, marital status, national origin, source of income
(e.g., SSI), ancestry, age, familial status (except for lawful senior housing in accordance with
state and federal law), or disability, in the leasing, subleasing, transferring, use, occupancy,
tenure, or enjoyment of any unit nor will Borrower or any person claiming under or through
Borrower, establish or permit any such practice or practices of discrimination or segregation with
reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees,
subtenants, or vendees of any unit or in connection with the employment of persons for the
construction, operation and management of any unit.
(b) Borrower shall accept as Tenants, on the same basis as all other
prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant
to the existing housing program under Section 8 of the United States Housing Act, or its
successor. Borrower may not apply selection criteria to Section 8 certificate or voucher holders
that is more burdensome than criteria applied to all other prospective Tenants, nor will Borrower
apply or permit the application of management policies or lease provisions with respect to the
Development which have the effect of precluding occupancy of units by such prospective
Tenants.
6.3 Application of Provisions. The provisions of this Regulatory Agreement apply to
the Property for the entire Term even if the County Loan is paid in full prior to the end of the
Term. This Regulatory Agreement binds any successor, heir or assign of Borrower, whether a
change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as
expressly released by the County. The County is making the County Loan on the condition, and
in consideration of, this provision, and would not do so otherwise.
6.4 Notice of Expiration of Term.
(a) At least six (6) months prior to the expiration of the Term, Borrower shall
provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated
date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the
Term, (iii) a statement that a copy of such notice will be sent to the County, and (iv) a statement
that a public hearing may be held by the County on the issue and that the Tenant will receive
notice of the hearing at least fifteen (15) days in advance of any such hearing. Borrower shall
also file a copy of the above-described notice with the County Assistant Deputy Director,
Department of Conservation and Development.
(b) In addition to the notice required above, Borrower shall comply with the
requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such
notice requirements include: (i) a twelve (12) month notice to existing tenants, prospective
tenants and Affected Public Agencies (as defined in California Government Code Section
65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to
existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the
Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in
California Government Code Section 65863.11(d)), if the Development is to be sold within five
(5) years of the end of the Term; (iv) a notice of right of first refusal within the one hundred
eighty (180) day period that qualified entities may purchase the Development.
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6.5 Covenants to Run With the Land. The County and Borrower hereby declare their
express intent that the covenants and restrictions set forth in this Regulatory Agreement run with
the land, and bind all successors in title to the Property, provided, however, that on the expiration
of the Term said covenants and restrictions expire. Each and every contract, deed or other
instrument hereafter executed covering or conveying the Property or any portion thereof, is to be
held conclusively to have been executed, delivered and accepted subject to the covenants and
restrictions, regardless of whether such covenants or restrictions are set forth in such contract,
deed or other instrument, unless the County expressly releases such conveyed portion of the
Property from the requirements of this Regulatory Agreement.
6.6 Enforcement by the County.
(a) If Borrower fails to perform any obligation under this Regulatory
Agreement, and fails to cure the default within thirty (30) days after the County has notified
Borrower in writing of the default, the County may enforce this Regulatory Agreement by any or
all of the following actions, or any other remedy provided by law:
(1) Calling the County Loan. The County may declare a default under
the Loan Documents, accelerate the indebtedness evidenced by the Loan Documents, and
proceed with foreclosure under the Deed of Trust.
(2) Action to Compel Performance or for Damages. The County may
bring an action at law or in equity to compel Borrower's performance of its obligations under this
Regulatory Agreement, and may seek damages.
(3) Remedies Provided Under Loan Documents. The County may
exercise any other remedy provided under the Loan Documents.
(b) The County shall provide notice of a default to the Investor Limited
Partner and any limited partner of Borrower who has requested written notice from the County in
the manner set forth in Section 6.5 of the Loan Agreement.
6.7 Anti-Lobbying Certification.
(a) Borrower certifies, to the best of Borrower's knowledge or belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, grant, loan, or
25
863\119\4070598.3
cooperative agreement, it will complete and submit Standard Form-LLL, Disclosure Form to
Report Lobbying, in accordance with its instructions.
(b) This certification is a material representation of fact upon which reliance
was placed when the Loan Documents were made or entered into. Submission of this
certification is a prerequisite for making or entering into the Loan Documents imposed by
Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than Ten Thousand Dollars ($10,000) and no more than One
Hundred Thousand Dollars ($100,000) for such failure.
6.8 Recording and Filing. The County and Borrower shall cause this Regulatory
Agreement, and all amendments and supplements to it, to be recorded in the Official Records of
the County of Contra Costa.
6.9 Governing Law. This Regulatory Agreement is governed by the laws of the State
of California.
6.10 Waiver of Requirements. Any of the requirements of this Regulatory Agreement
may be expressly waived by the County in writing, but no waiver by the County of any
requirement of this Regulatory Agreement extends to or affects any other provision of this
Regulatory Agreement, and may not be deemed to do so.
6.11 Amendments. This Regulatory Agreement may be amended only by a written
instrument executed by all the parties hereto or their successors in title that is duly recorded in
the official records of the County of Contra Costa.
6.12 Notices. Any notice requirement set forth herein will be deemed to be satisfied
three (3) days after mailing of the notice first-class United States certified mail, postage prepaid,
addressed to the appropriate party as follows:
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Deputy Director – Housing &
Community Improvement
c/o The Related Companies of California
44 Montgomery Street, Suite 1310
San Francisco, CA 94104
Attention: Ann Silverberg
Bocarsly Emden Cowan Esmail & Arndt LLP
633 W. 5th Street, Suite 5880
Los Angeles, CA 90071
26
863\119\4070598.3
Investor Limited
Partner: Wincopin Circle LLLP/FRE Enterprise
Affordable Housing Fund I, LLLP
c/o Enterprise Community Asset Management,
Inc.
70 Corporate Center
11000 Broken Land Parkway, Suite 700
Columbia, Maryland 21044
Attention: Asset Management
With a copy to:
Email: lmanley@enterprisecommunity.com
Attn: Chief Legal Officer
With a copy to:
Kristen M. Cassetta, Esq.
Holland & Knight LLP
10 St. James Avenue, 12th Floor
Such addresses may be changed by notice to the other party given in the same manner as
provided above.
6.13 Severability. If any provision of this Regulatory Agreement is determined by a
court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining portions of this Regulatory Agreement will not in any way be
affected or impaired thereby.
6.14 Multiple Originals; Counterparts. This Regulatory Agreement may be executed
in multiple originals, each of which is deemed to be an original, and may be signed in
counterparts.
6.15 Revival of Agreement after Foreclosure. In the event there is a foreclosure of the
Property that extinguishes this Regulatory Agreement, this Regulatory Agreement will revive
according to its original terms if, during the Term, the owner of record before the foreclosure, or
deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the
former owner has or had family or business ties, obtains an ownership interest in the
Development or Property.
[remainder of page intentionally left blank]
27
Signature page
County Regulatory Agreement
863\119\4070598.3
WHEREAS, this Regulatory Agreement has been entered into by the undersigned as of
the date first written above.
THOMAS L. GEIGER
County Counsel
By:
Kathleen Andrus
COUNTY:
COUNTY OF CONTRA COSTA, a political subdivision of
the State of California
By: __________________
John Kopchik
Director, Department of Conservation and
BORROWER:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC, a
California limited liability company, its Administrative
General Partner
By: ______________________________
Name: Ann Silverberg
Its: President and Secretary
By: El Cerrito Plaza MGP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:____________________________
Name: Vasilios Salamandrakis
Its: President
863\119\4070598.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
863\119\4070598.3
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
A-1
863\119\4070598.3
EXHIBIT A
Legal Description
The land situated in the City of El Cerrito, County of Contra Costa, State of
California, and is described as follows:
863\119\4070600.2
RECORDING REQUESTED PURSUANT
AND WHEN RECORDED MAIL TO:
Contra Costa County
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attn: Deputy Director – Housing & Community Improvement
No fee for recording pursuant to
Government Code Section 27383 and 27388.1
__________________________________________________________________________
SUBORDINATION AND INTERCREDITOR AGREEMENT
(El Cerrito Plaza Parcel A South)
This Subordination and Intercreditor Agreement (the "Agreement") is dated November
___, 2025 and is among the County of Contra Costa, a political subdivision of the State of
California (the "County"), the City of El Cerrito, a municipal corporation (the "City"), and ECP
Parcel A South Housing Partners, L.P., a California limited partnership ("Borrower"), with
reference to the following facts:
RECITALS
A. Defined terms used but not defined in these recitals are as defined in Section 1 of
this Agreement or in the County Loan Agreement.
B. The San Francisco Bay Area Rapid Transit District ("BART") owns that certain
real property located at 515 Richmond Street in the City of El Cerrito, County of Contra Costa,
State of California, as more particularly described in Exhibit A (the "Property"). Borrower is
leasing the Property from BART for a term of 65 years pursuant to a ground lease dated as of
November ____, 2025 (the "Ground Lease"), and thereby has a leasehold interest in the Property
for the term of the Ground Lease (the "Leasehold Interest"). Borrower intends to construct
seventy (70) housing units on the Property, sixty-nine (69) of which are for rental to extremely
low, very low, and low income households, and one (1) manager's unit, and attendant site
improvements (collectively, the "Improvements"). Together, (i) the Leasehold Interest, and (ii)
Borrower’s fee interest in the Improvements are the "Development."
C. The County has agreed to provide Borrower a loan in the amount of Eight Million
Three Hundred Seventy-Six Thousand Four Hundred Twenty-Three Dollars ($8,376,423) (the
"County Loan").
D. The County Loan is evidenced by the following documents: (i) a Development
Loan Agreement between the County and Borrower of even date herewith (the "County Loan
Agreement"), (ii) a promissory note executed by Borrower of even date herewith for the benefit
of the County in the amount of the County Loan (the "County Note"), (iii) a Deed of Trust with
Assignment of Rents, Security Agreement, and Fixture Filing of even date herewith among
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Borrower, as trustor, Chicago Title Company, as trustee, and the County, as beneficiary,
recorded against the Development concurrently herewith securing the County Loan (the "County
Deed of Trust"), and (iv) a Regulatory Agreement and Declaration of Restrictive Covenants of
even date herewith, between the County and Borrower recorded against the Property
concurrently herewith (the "County Regulatory Agreement"). The County Deed of Trust and the
County Regulatory Agreement are collectively referred to as the "County Recorded Documents."
E. The City has agreed to provide a loan of Low and Moderate Income Housing
Assets Funds and ProHousing Incentive Pilot Program funds to Borrower in the approximate
amount of Nine Hundred Seventy Thousand Dollars ($970,000) (the "City LMIHF Loan").
F. The City LMIHF Loan is evidenced by the following documents (among others):
(i) Predevelopment Loan Agreement dated March 6, 2024 as amended by the First Amendment
to Predevelopment Loan Agreement dated October 14, 2024 between the City and Borrower
(the "City LMIHF Loan Agreement"), (ii) a Deed of Trust and Security Agreement among
Borrower, as trustor, Chicago Title Company, as trustee, and the City, as beneficiary, recorded
against the Development concurrently herewith securing the City LMIHF Loan (the "City
LMIHF Deed of Trust"), (iii) an amended and restated promissory note executed by Borrower on
October 14, 2024 for the benefit of the City in the amount of the City LMIHF Loan (the "City
LMIHF Note"), and (iv) a Regulatory Agreement and Declaration of Restrictive Covenants of
even date herewith, between the City and Borrower recorded against the Development
concurrently herewith (the "City LMIHF Regulatory Agreement").
G. The City also intends to provide the Borrower the City AHSC HRI Loan and City
IIG Loan, evidenced by a Deed of Trust and Security Agreement among Borrower, as trustor,
Chicago Title Company, as trustee, and the City, as beneficiary, recorded against the
Development concurrently herewith securing the City AHSC HRI Loan and the City IIG Loan
(the "City AHSC/IIG Deed of Trust"). The City LMIHF Deed of Trust, the City LMIHF
Regulatory Agreement, and the City AHSC/IIG Deed of Trust are collectively referred to as the
"City Recorded Documents."
H. The City and the County desire to (i) subordinate the City Recorded Documents
to the County Recorded Documents, and (iii) divide the Lenders' Share of Residual Receipts and
Local Lenders' Share of Residual Receipts, as described herein.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. Definitions. The following terms have the following meanings:
(a) "Annual City LMIHF Loan Payment" has the meaning in Section 2(b).
(b) "Annual County Loan Payment" has the meaning in Section 2(a).
(c) "Annual Operating Expenses" means for each calendar year, the following
costs reasonably and actually incurred for operation and maintenance of the Development:
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i. ground rent payments in the amount set forth in the Ground Lease;
ii. property taxes and assessments imposed on the Development;
iii. debt service currently due on a non-optional basis (excluding debt
service due from residual receipts or surplus cash of the Development) on the Permanent Loan;
iv. on-site service provider fees for tenant social services, provided the
County and City have approved, in writing, the plan and budget for such services before such
services begin;
v. fees paid to the Issuer;
vi. payment to HCD of a portion of the accrued interest on the HCD
AHSC Loan pursuant to California Code of Regulations, Title 25, Section 7308;
vii. property management fees and reimbursements, on–site property
management office expenses, and salaries of property management and maintenance personnel,
not to exceed amounts that are standard in the industry and which are pursuant to a management
contract approved by the County and the City;
viii. the Partnership Management/Asset Fee;
ix. fees for accounting, audit, and legal services incurred by
Borrower's general partner in the asset management of the Development, not to exceed amounts
that are standard in the industry, to the extent such fees are not included in the Partnership
Management/Asset Fee;
x. premiums for insurance required for the Improvements to satisfy
the requirements of any lender of Approved Financing;
xi. utility services not paid for directly by tenants, including water,
sewer, and trash collection;
xii. maintenance and repair expenses and services;
xiii. any annual license or certificate of occupancy fees required for
operation of the Development;
xiv. security services;
xv. advertising and marketing;
xvi. cash deposited into the Replacement Reserve Account in the
amount set forth in Section 4.2(a) of the County Loan Agreement;
xvii. cash deposited into the Operating Reserve Account to maintain the
amount set forth in Section 4.2(b) of the County Loan Agreement (excluding amounts deposited
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to initially capitalize the account);
xviii. extraordinary operating costs specifically approved in writing by
the County and the City; and
xix. payments of deductibles in connection with casualty insurance
claims not normally paid from reserves, the amount of uninsured losses actually replaced,
repaired or restored, and not normally paid from reserves, and other ordinary and reasonable
operating expenses approved in writing by the County and the City and not listed above.
Annual Operating Expenses do not include the following: depreciation,
amortization, depletion or other non-cash expenses, initial deposits to capitalize a reserve
account, any amount expended from a reserve account, and any capital cost associated with the
Development.
(d) "Approved Financing" means all of the following loans, grants, equity,
and operating subsidy obtained by Borrower and approved by the County and the City for the
purpose of financing the acquisition of the Leasehold Interest and construction of the
Improvements in addition to the County Loan and the City LMIHF Loan:
i. Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A
South), 2025 Series A in the approximate amount of Thirty-Five Million Seven-Hundred
Thousand Dollars ($35,700,000) issued by the County of Contra Costa, California (the "Issuer")
that are purchased by the Bank and the sale proceeds of which are loaned to Borrower (the "Tax-
Exempt Construction Loan") which will convert to a permanent loan in the approximate amount
of ______________ Dollars ($___________) (the "Permanent Loan");
ii. Multifamily Housing Revenue Bonds (El Cerrito Plaza – Parcel A
South), 2025 Series B (Federally Taxable) in the approximate amount of _________________
Dollars ($____________) issued by the Issuer that are purchased by the Bank and the sale
proceeds of which are loaned to Borrower (the "Taxable Construction Loan");
iii. Infill Infrastructure Grant Catalyst funds from HCD in the amount
of Six Million Three Hundred Thousand Dollars ($6,300,000) to be loaned by the City to
Borrower (the "City IIG Loan");
iv. Affordable Housing Sustainable Communities HRI and Program
grant funds from HCD in the amount of Three Million Six Hundred Eighty-Six Thousand Five
Hundred Seven Dollars ($3,686,507), to be loaned by the City to Borrower (the "City AHSC
HRI Loan");
v. Loan from the Bay Area Housing Finance Authority in the amount
of Two Million Four Hundred Thousand Dollars ($2,400,000) (the "BAHFA Loan");
vi. permanent loan of Affordable Housing Sustainable Communities
AHD funds from HCD in the amount of Twenty-one Million One Hundred Forty-Eight
Thousand Five Hundred Seventy Dollars ($21,148,570) (the "HCD AHSC Loan");
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vii. Low Income Housing Tax Credit investor equity funds in the
approximate amount of ___________________Dollars ($__________) provided by the Investor
Limited Partner (the "Tax Credit Investor Equity"); and
viii. capital contribution from Borrower's general partner in the
approximate amount One Hundred Dollars ($100) (the "GP Capital Contribution").
(e) "Available Net Proceeds" means the result obtained by multiplying the
Net Proceeds of Permanent Financing by 0.75.
(f) "BAHFA Loan" has the meaning set forth in Section 1.1(d)(v).
(g) "Bank" means JPMorgan Chase Bank, N.A., and its successors and
assigns.
(h) "BART" has the meaning set forth in Paragraph B of the Recitals.
(i) "Borrower" has the meaning set forth in the first paragraph of this
Agreement.
(j) "City" has the meaning set forth in the first paragraph of this Agreement.
(k) "City Additional Prorata Share" means the result obtained by dividing the
City LMIHF Loan by the sum of the County Loan and the City LMIHF Loan, to the extent all
such funds are disbursed.
(l) "City AHSC/IIG Deed of Trust" has the meaning set forth in Paragraph G
of the Recitals.
(m) "City AHSC HRI Loan" has the meaning set forth in Section 1(d)(iv).
(n) "City IIG Loan" has the meaning set forth in Section 1(d)(iii).
(o) "City LMIHF Deed of Trust" has the meaning set forth in Paragraph F of
the Recitals.
(p) "City LMIHF Loan" has the meaning set forth in Paragraph E of the
Recitals.
(q) "City LMIHF Loan Agreement" has the meaning set forth in Paragraph F
of the Recitals.
(r) "City LMIHF Note" has the meaning set forth in Paragraph F of the
Recitals.
(s) "City Prorata Percentage" means the result, expressed as a percentage,
obtained by dividing the City LMIHF Loan minus any Special City LMIHF Loan Repayment, by
the sum of (i) the County Loan minus any Special County Loan Repayment, (ii) the City LMIHF
Loan minus any Special City LMIHF Loan Repayment, (iii) the HCD AHSC Loan, and (iv)
solely for the purposes of calculating the percentage attributable to HCD, and not for purposes of
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repayment, the City AHSC HRI Loan and the City IIG Loan, to the extent all such funds are
disbursed.
(t) "City Recorded Documents" has the meaning set forth in Paragraph G of
the Recitals.
(u) "City LMIHF Regulatory Agreement Documents" has the meaning set
forth in Paragraph F of the Recitals.
(v) "County" has the meaning set forth in the first paragraph of this
Agreement.
(w) "County Additional Prorata Share" means the result obtained by dividing
County Loan by the sum of the County Loan and the City LMIHF Loan, to the extent all such
funds are disbursed.
(x) "County Loan" has the meaning set forth in Paragraph C of the Recitals.
(y) "County Loan Agreement" has the meaning set forth in Paragraph D of the
Recitals.
(z) "County Prorata Percentage" means the result, expressed as a percentage,
obtained by dividing the County Loan minus any Special County Loan Repayment, by the sum
of (i) the County Loan minus any Special County Loan Repayment, (ii) the City LMIHF Loan
minus any Special City LMIHF Loan Repayment, (iii) the HCD AHSC Loan, and (iv) solely for
the purposes of calculating the percentage attributable to HCD, and not for purposes of
repayment, the City AHSC HRI Loan and the City IIG Loan, to the extent all such funds are
disbursed.
(aa) "County Note" has the meaning set forth in Paragraph D of the Recitals.
(bb) "County Recorded Documents" has the meaning set forth in Paragraph D
of the Recitals.
(cc) "County Regulatory Agreement" has the meaning set forth in Paragraph D
of the Recitals.
(dd) "Default Rate" means a rate of interest equal to the lesser of the maximum
rate permitted by law and ten percent (10%) per annum.
(ee) "Development" has the meaning set forth in Paragraph B of the Recitals.
(ff) "Fifteen Year Compliance Period" means the fifteen (15)-year compliance
period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended.
(gg) "Final Cost Certification" means the Final Cost Certification Sources and
Uses of Funds prepared by Borrower for the Development that (1) Borrower submits to the
California Tax Credit Allocation Committee, and (2) has been prepared using generally accepted
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accounting standards in effect in the United States of America from time to time, consistently
applied.
(hh) "Final Development Cost" means the total of the cost of acquisition and
construction of the Development as shown on the Final Cost Certification.
(ii) "GP Capital Contribution" has the meaning set forth in Section
1.1(d)(viii).
(jj) "Gross Revenue" means for each calendar year, all revenue, income,
receipts, and other consideration actually received from the operation and leasing of the
Development. Gross Revenue includes, but is not limited to:
i. all rents, fees and charges paid by tenants;
ii. Section 8 payments and other rental or operating subsidy payments
received for the dwelling units;
iii. deposits forfeited by tenants;
iv. all cancellation fees;
v. price index adjustments and any other rental adjustments to leases
or rental agreements;
vi. net proceeds from vending and laundry room machines;
vii. the proceeds of business interruption or similar insurance not paid
to senior lenders;
viii. the proceeds of casualty insurance not used to rebuild the
Development and not paid to senior lenders; and
ix. condemnation awards for a taking of part or all of the
Development for a temporary period.
Gross Revenue does not include tenants' security deposits, loan proceeds,
unexpended amounts (including interest) in any reserve account, required deposits to reserve
accounts, capital contributions or similar advances.
(kk) "Ground Lease" has the meaning set forth in Paragraph B of the Recitals.
(ll) "HCD" means the California Department of Housing and Community
Development.
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(mm) "HCD AHSC Loan" has the meaning set forth in Section 1.1(d)(vi).
(nn) "Improvements" has the meaning set forth in Paragraph B of the Recitals.
(oo) "Investor Limited Partner" means Wincopin Circle LLLP, a Maryland
limited liability limited partnership, FRE Enterprise Affordable Housing Fund I, LLLP, a
Maryland limited liability limited partnership, and their permitted successors and assigns.
(pp) "Leasehold Interest" has the meaning set forth in Paragraph B of the
Recitals.
(qq) "Lenders' Share of Residual Receipts" means fifty percent (50%) of
Residual Receipts.
(rr) "Local Lenders'" means the City and the County.
(ss) "Local Lenders' Share of Residual Receipts" means twenty-five percent
(25%) of Residual Receipts.
(tt) "Net Proceeds of Permanent Financing" means the amount by which
Permanent Financing exceeds the Final Development Costs.
(uu) "Parties" means the City, the County, and Borrower.
(vv) "Partnership Agreement" means the agreement between Borrower's
general partners and the Investor Limited Partner that governs the operation and organization of
Borrower as a California limited partnership.
(ww) "Partnership Management/Asset Fee" means (i) partnership management
fees (including any asset management fees) payable pursuant to the Partnership Agreement to
any partner of Borrower during the Fifteen Year Compliance Period, and (ii) after the expiration
of the Fifteen Year Compliance Period asset management fees payable to the partners of
Borrower, in the amounts approved by the County as set forth in Section 3.19 of the County
Loan Agreement.
(xx) "Permanent Conversion" means the date the Tax-Exempt Construction
Loan converts to the Permanent Loan.
(yy) "Permanent Financing" means the sum of the following amounts: (i) the
County Loan; (ii) the City LMIHF Loan; (iii) the HCD AHSC Loan; (iv) the Permanent Loan;
(v) the City IIG Loan; (vi) the City AHSC HRI Loan; (vii) the BAHFA Loan; (vii) the Tax
Credit Investor Equity; and (viii) the GP Capital Contribution.
(zz) "Permanent Loan" has the meaning set forth in Section 1.1(d)(i).
(aaa) "Property" has the meaning set forth in Paragraph B of the Recitals.
(bbb) "Residual Receipts" means for each calendar year, the amount by which
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Gross Revenue exceeds Annual Operating Expenses.
(a) "Special City LMIHF Loan Payment" has the meaning in Section 3(b).
(b) "Special County Loan Payment" has the meaning set forth in Section 3(a).
(c) "Statement of Residual Receipts" means an itemized statement of Residual
Receipts.
(d) "Taxable Construction Loan" has the meaning set forth in Section
1.1(d)(ii).
(e) "Tax-Exempt Construction Loan" has the meaning set forth in Section
1.1(d)(i).
(f) "Tax Credit Investor Equity" has the meaning set forth in Section
1.1(d)(vii).
(g) "Term" means the period of time that commences on the date of this
Agreement, and expires, unless sooner terminated in accordance with this Agreement, on the
fifty-fifth (55th) anniversary of the Permanent Conversion; provided, however, if a record of the
Permanent Conversion cannot be located or established, the Term will expire on the fifty-seventh
(57th) anniversary of this Agreement.
2. Annual Payments to County and City.
(a) County Loan.
i. Commencing on May 1, 2028, and on May 1 of each year
thereafter during the Term, Borrower shall make a loan payment to the County in an amount
equal to the sum of (1) the County Prorata Percentage of the Lenders' Share of Residual
Receipts, and (2) the result obtained by multiplying the County Additional Prorata Share by the
Local Lenders' Share of Residual Receipts (each such payment, an "Annual County Loan
Payment"). The County shall apply all Annual County Loan Payments to the County Loan as
follows: (1) first, to accrued interest, and (2) second, to principal.
ii. Borrower shall repay the County Loan pursuant to the terms of the
County Loan Agreement and the County Note. In the event of any conflict between the
repayment terms and provisions of the County Loan Agreement and this Agreement, the
provisions of this Agreement apply. The County may not consent to any amendment or waiver of
the terms of the County Loan Agreement or the County Note if such amendment or waiver could
reasonably be deemed to materially adversely affect the City, without the City's prior written
approval, which the City may withhold in its sole discretion.
(b) City LMIHF Loan.
i. Commencing on May 1, 2028, and on May 1 of each year
thereafter during the Term, Borrower shall make a loan payment to the City in an amount equal
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to the sum of (1) the City Prorata Percentage of the Lenders' Share of Residual Receipts, and (2)
the result obtained by multiplying the City Additional Prorata Share by the Local Lenders' Share
of Residual Receipts (each such payment, an "Annual City LMIHF Loan Payment"). The City
shall apply all Annual City LMIHF Loan Payments to the City LMIHF Loan as follows: (1) first,
to accrued interest, and (2) second, to principal for the City LMIHF Loan.
ii. Borrower shall repay the City LMIHF Loan pursuant to the terms
of the City LMIHF Loan Agreement and the City LMIHF Note. In the event of any conflict
between the repayment terms of the City LMIHF Loan Agreement, and this Agreement, the
provisions of this Agreement apply. The City may not consent to any amendment or waiver of
the terms of the City LMIHF Loan Agreement or the City LMIHF Note, if such amendment or
waiver could reasonably be deemed to materially adversely affect the County, without the
County's prior written approval, which the County may withhold in its sole discretion.
3. Special Repayment from Net Proceeds of Permanent Financing.
(a) To the extent consistent with the regulations applicable to the HCD AHSC
Loan, no later than ten (10) days after the date Borrower receives its final capital contribution
from the Investor Limited Partner, Borrower shall pay to the County as a special repayment of
the County Loan, an amount equal to the result obtained by multiplying the County Additional
Prorata Percentage by the Available Net Proceeds (the "Special County Loan Payment").
(b) To the extent consistent with the regulations applicable to the HCD AHSC
Loan, no later than ten (10) days after the date Borrower receives its final capital contribution
from the Investor Limited Partner, Borrower shall pay to the City as a special repayment of the
City LMIHF Loan, an amount equal to the result obtained by multiplying the City Additional
Prorata Percentage by the Available Net Proceeds (the "Special City LMIHF Loan Payment").
(c) No later than one hundred eighty (180) days following completion of
construction of the Development, Borrower shall submit to the County and the City a
preliminary calculation of the Net Proceeds of Permanent Financing and a draft of the Final Cost
Certification. The County and the City shall approve or disapprove Borrower's determination of
the amount of the Net Proceeds of Permanent Financing in writing within thirty (30) days of
receipt. If Borrower's determination is disapproved by the County or the City, Borrower shall re-
submit documentation to the County and the City until approval of the County and the City is
obtained.
4. Reports and Accounting of Residual Receipts.
(a) Annual Reports. In connection with the Annual County Loan Payment
and the Annual City LMIHF Loan Payment, Borrower shall furnish to the City and the County:
i. The Statement of Residual Receipts for the relevant period. The
first Statement of Residual Receipts will cover the period that begins on January 1, 2027 and
ends on December 31st of that same year. Subsequent statements of Residual Receipts will
cover the twelve-month period that ends on December 31 of each year;
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ii. A statement from the independent public accountant that audited
Borrower's financial records for the relevant period, which statement must confirm that
Borrower's calculation of the Lenders' Share of Residual Receipts and Local Lenders' Portion of
Residual Receipts is accurate based on Gross Income and Annual Operating Expenses; and
iii. Any additional documentation reasonably required by the County
or the City to substantiate Borrower's calculation of Lenders' Share of Residual Receipts and
Local Lenders' Share of Residual Receipts.
(b) Books and Records. Borrower shall keep and maintain at the principal
place of business of Borrower set forth in Section 7 below, or elsewhere with the written consent
of the County and the City, full, complete and appropriate books, record and accounts relating to
the Development, including all books, records and accounts necessary or prudent to evidence and
substantiate in full detail Borrower's calculation of Residual Receipts and disbursements of
Residual Receipts. Borrower shall cause all books, records and accounts relating to its
compliance with the terms, provisions, covenants and conditions of this Agreement to be kept
and maintained in accordance with generally accepted accounting principles consistently applied,
and to be consistent with requirements of this Agreement, which provide for the calculation of
Residual Receipts on a cash basis. Borrower shall cause all books, records, and accounts to be
open to and available for inspection by the County and the City, their auditors or other
authorized representatives at reasonable intervals during normal business hours. Borrower shall
cause copies of all tax returns and other reports that Borrower may be required to furnish to any
government agency to be open for inspection by the County and the City at all reasonable times
at the place that the books, records and accounts of Borrower are kept. Borrower shall preserve
records on which any statement of Residual Receipts is based for a period of not less than five
(5) years after such statement is rendered, and for any period during which there is an audit
undertaken pursuant to subsection (c) below then pending.
(c) County and City Audits.
i. The receipt by the County or the City of any statement pursuant to
subsection (a) above or any payment by Borrower or acceptance by the County or the City of any
loan repayment for any period does not bind the County or the City as to the correctness of such
statement or such payment. The County or the City or any designated agent or employee of the
County or the City is entitled at any time to audit the Residual Receipts and all books, records,
and accounts pertaining thereto. The County and/or the City may conduct such audit during
normal business hours at the principal place of business of Borrower and other places where
records are kept. Immediately after the completion of an audit, the County or the City, as the
case may be, shall deliver a copy of the results of the audit to Borrower.
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ii. If it is determined as a result of an audit that there has been a
deficiency in a loan repayment to the County and/or the City, then such deficiency will become
immediately due and payable, with interest at the Default Rate from the date the deficient
amount should have been paid. In addition, if the audit determines that Residual Receipts have
been understated for any year by the greater of (i) $2,500, and (ii) an amount that exceeds five
percent (5%) of the Residual Receipts, then, in addition to paying the deficiency with interest,
Borrower shall pay all of the costs and expenses connected with the audit and review of
Borrower's accounts and records incurred by the County and/or the City.
5. Subordination.
(a) The County Recorded Documents will unconditionally be and at all times
remain a lien or charge on the Property prior and superior to the City Recorded Documents.
(b) The City intentionally and unconditionally subordinates all of its rights,
titles and interests in and to the Property that result from the City Recorded Documents, to the
lien or charge of the County Recorded Documents upon the Property and understands that in
reliance upon, and in consideration of, this subordination, specific loan modifications are being
and will be made by the County and, as part and parcel thereof, specific monetary and other
obligations are being and will be entered into which would not be made or entered into but for
said reliance upon this subordination.
6. Notice of Default. The County and the City shall each notify the other promptly
upon declaring a default or learning of the occurrence of any material event of default, or any
event which with the lapse of time would become a material event of default, under its respective
loan documents for the City LMIHF Loan, the City AHSC HRI Loan, the City IIG Loan, and the
County Loan.
7. Notices. All notices required or permitted by any provision of this Agreement
must be in writing and sent by registered or certified mail, postage prepaid, return receipt
requested, or delivered by express delivery service, return receipt requested, or delivered
personally, to the principal office of the Parties as follows:
City: City of El Cerrito
10890 San Pablo Avenue
El Cerrito, CA 94530
Attn: City Manager
County: County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, California 94553
Attention: Deputy Director – Housing & Community
Improvement
Borrower: ECP Parcel A South Housing Partners, L.P.
c/o The Related Companies of California
44 Montgomery Street, Suite 1310
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San Francisco, CA 94104
Attention: Ann Silverberg
Bocarsly Emden Cowan Esmail & Arndt LLP
633 W. 5th Street, Suite 5880
Los Angeles, CA 90071
Attn: Nicole Deddens, Esq
Investor Limited Partner: Wincopin Circle LLLP/FRE Enterprise Affordable
Housing Fund I, LLLP
c/o Enterprise Community Asset Management, Inc.
70 Corporate Center
11000 Broken Land Parkway, Suite 700
Columbia, Maryland 21044
Attention: Asset Management
With a copy to:
Email: lmanley@enterprisecommunity.com
Attn: Chief Legal Officer
Kristen M. Cassetta, Esq.
Holland & Knight LLP
10 St. James Avenue, 12th Floor
Boston, Massachusetts 02116
Such written notices, demands, and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate as provided in this Section.
Receipt will be deemed to have occurred on the date marked on a written receipt as the date of
delivery or refusal of delivery (or attempted delivery if undeliverable).
8. Titles. Any titles of the sections or subsections of this Agreement are inserted for
convenience of reference only and are to be disregarded in interpreting any part of the
Agreement's provisions.
9. California Law. This Agreement is governed by the laws of the State of
California.
10. Severability. If any term of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will continue in
full force and effect unless the rights and obligations of the Parties have been materially altered
or abridged by such invalidation, voiding or unenforceability.
11. Entire Agreement. This Agreement constitutes the entire understanding and
agreement of the Parties with respect to the subordination of the City Recorded Documents to the
lien or charge of the County Recorded Documents and the division of the Lenders' Share of
Residual Receipts, and Local Lenders' Share of Residual Receipts between the City and the
County.
863\119\4070600.2
12. Counterparts. This Agreement may be executed in multiple originals, each of
which is deemed to be an original, and may be signed in counterparts.
13. Amendments. This Agreement may not be modified except by written instrument
executed by and amongst the Parties.
[Remainder of Page Left Intentionally Blank]
Signature Page
Intercreditor and Subordination Agreement
with the City of El Cerrito
863\119\4070600.2
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
BORROWER:
ECP PARCEL A SOUTH HOUSING PARTNERS, L.P.
a California limited partnership
By: Related/ECP Parcel A South Development Co., LLC, a
California limited liability company, its Administrative
General Partner
By: ______________________________
Name: Ann Silverberg
Its: President and Secretary
By: El Cerrito Plaza MGP, LLC,
a California limited liability company,
its Managing General Partner
By: Affordable Housing Access, Inc.,
a California nonprofit public benefit corporation,
its sole member and manager
By:____________________________
Name: Vasilios Salamandrakis
Signatures continue on following page
Signature Page
Intercreditor and Subordination Agreement
with the City of El Cerrito
863\119\4070600.2
APPROVED AS TO FORM:
THOMAS L. GEIGER
County Counsel
By:
Kathleen Andrus
Deputy County Counsel
COUNTY:
COUNTY OF CONTRA COSTA, a political
subdivision of the State of California
By: ____________________________
John Kopchik
Director, Department of Conservation and
Development
APPROVED AS TO FORM:
Goldfarb & Lipman LLP,
Special Counsel to the City
By:_____________________
CITY:
CITY OF EL CERRITO, a California municipal
corporation
By: ____________________________________
Karen Pinkos, City Manager
863\119\4070600.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
863\119\4070600.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
863\119\4070600.2
STATE OF CALIFORNIA )
)
COUNTY OF __________________ )
On ____________________, before me, ___________________________, Notary Public,
personally appeared ______________________________________, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public
identity of the individual who signed the document to which this certificate is
A-1
863\119\4070600.2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The land referred to is situated in the County of Contra Costa, City of El Cerrito, State of
California, and is described as follows:
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4621 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE the Fiscal Year 2025/26 budgets for the Congestion Management Agency and the
Regional Transportation Planning Committees, and a total County contribution of $822,973 to these
budgets, as recommended by the Conservation and Development Director. (100% Gas tax and
Measure J funds)
Attachments:1. CMA & RTPC FY25-26 Budget Report_v.2
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Report on Fiscal Year 2025/26 Budgets for the Congestion Management Agency and the
Regional Transportation Planning Committees
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE the Fiscal Year (FY) 2025/26 budget for the Congestion Management Agency (CMA), a function
performed by the Contra Costa Transportation Authority (Authority) and APPROVE FY 2025/26 County
contributions of $699,510 to the CMA and $123,463 to the Regional Transportation Planning Committees that
assist with implementing Measure J (2004), as required by prior agreements.
FISCAL IMPACT:
No impact to the General Fund. The County contributions to the Congestion Management Agency and the
Regional Transportation Planning Committees are accounted for and funded from the annual operating budgets
approved by the Board of Supervisors for the Public Works Department and the Department of Conservation
and Development, using gas tax and Measure J Return-to-Source revenue.
BACKGROUND:
The agreement that created Contra Costa County's Congestion Management Agency (CMA) requires referral of
its budget to member jurisdictions. The Regional Transportation Planning Committees (RTPCs) were
established by the County and the cities to facilitate cooperative multi-jurisdictional transportation planning in
the four subregions of the County, pursuant to the Measure J Transportation Improvement and Growth
Management Program. Some RTPCs require member jurisdictions to review their proposed annual budgets.
The Board of Supervisors takes this action annually.
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This Board Order also recommends approval of the budgeted financial contribution from Contra Costa County
to the CMA and the RTPCs for FY 2025/26, as required by agreements creating these entities.
Exhibit "A" compares the FY 2025/26 CMA and RTPC budgets and the proposed County contribution to these
entities to prior years. The sub-headings below explain the budgets for each Agency/Committee in further
detail.
Contra Costa Transportation Authority (Authority)
The Authority was created in 1988 to manage funds generated by a special half-cent transportation sales tax
("Measure C"), which was approved by voters to fund local transportation projects. The Authority also
administers the related voter-approved growth management program requirements. Measure J extended this
sales tax and growth management program to 2034. In 1992, the County and local cities entered into a Joint
Powers Agreement to designate the Authority as the County's CMA, pursuant to Proposition 111 (1990).
Although California law no longer requires each county to have a designated CMA, the local jurisdictions have
continued to support the CMA to facilitate the receipt and expenditure of state and federal transportation funds
administered by the Metropolitan Transportation Commission (MTC).
Contra Costa County's annual contribution to the CMA is based on two components: 1) the formula [population
and road miles] used by the State to distribute Proposition 111 gas tax revenue to cities and counties, and 2) the
amount of state and federal revenue received by the Authority to fund CMA functions. The Authority primarily
uses federal (Surface Transportation Program, Congestion Mitigation and Air Quality) and state (State
Transportation Planning, Programming, and Monitoring Program) revenues to fund CMA activities. However,
if these revenues are insufficient, member agencies contribute the balance based on the aforementioned
formula. As noted in the attached spreadsheet, local contributions are estimates due to the inability to accurately
project fluctuating federal and state revenues.
For FY 2025/26, the Authority’s overall budget is $203,172,894. The County contribution is $699,510, a
$404,609 increase from the previous fiscal year’s $294,901 contribution (approximately a 137% increase).
County staff as well as staff from cities who expressed similar concerns with the local contribution increase met
with CCTA staff in May 2025 to discuss the issue and potential solutions. At that time the proposed increase
was even larger. CCTA staff were receptive to staff concerns and explained the increase was due to one-time or
periodic expenses (e.g., Countywide Transportation Plan update, Countywide Emergency Evacuation Study)
and that local contributions would go down in the future. CCTA was also able to reduce the requested
contribution from the County and Cities. County staff will monitor the development of the next CMA budget
and identify if next year’s local contribution amount is more typical with prior amounts.
The CMA budget was approved by the Public Managers Association in May 2025, and the CCTA Board in June
2025. The highlights of the Planning/CMA budget include:
•Salaries and benefits of $1.2 million
•$1 million for CMA Support and the CTP Update
•$480,000 for Big Data Subscription
•$850,000 for the Countywide Emergency Evacuation Study
•$500,000 for the San Pablo Ave Multimodal Phase 3 project
Southwest Area Transportation (SWAT) Committee
SWAT is the RTPC established for the jurisdictions within the San Ramon Valley and the Lamorinda area
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File #:25-4621,Version:1
(County, Lafayette, Orinda, Moraga, Danville, San Ramon). Administrative support, currently provided by
contracting with the City of San Ramon, consists of compiling and distributing agendas, staff support at
Committee meetings, providing summaries of each meeting, and coordinating the SWAT Technical Advisory
Committee. SWAT is funded by equal contributions from the six participating jurisdictions. At the beginning of
each billing period, which mirrors the fiscal year, SWAT provides an estimated annual budget and member
jurisdiction dues.
However, SWAT is unique among the RTPCs in that the jurisdictions are billed the actual annual member dues
at the end of the billing period for the prior fiscal year. For FY 2024/25, the actual SWAT budget was
$29,359.50. The actual County contribution to SWAT for FY 2023/24 is $4,893.25.
For FY 2025/26, the proposed SWAT budget and the County contribution will be $48,735 and $8,123,
respectively. The proposed budget is comprised of $38,735 for SWAT administrative services and $10,000 for
SWAT website maintenance.
Transportation Partnership and Cooperation (TRANSPAC) Committee
TRANSPAC is the RTPC established for the jurisdictions in North-Central Contra Costa (County, Martinez,
Concord, Clayton, Pleasant Hill, Walnut Creek, County Connection, BART). The Managing Director and
support staff, who are contracted by TRANSPAC, provide administrative support. For FY 2025/26, the
TRANSPAC budget is $425,500. This budget amount includes $349,000 for administrative costs, a $41,500
project reserve set aside for the future "I-680/Monument Boulevard Bicycle and Pedestrian Improvement
Feasibility Study", and a $35,000 contingency. Half of the annual total member jurisdiction dues to
TRANSPAC are apportioned equally to the six participating jurisdictions, while the other half is apportioned
based on the jurisdictions’ share of population and road mileage in the TRANSPAC area. For FY 2025/26, the
County member contribution is $53,034.
Transportation Planning Committee for East Contra Costa County (TRANSPLAN)
TRANSPLAN Committee is the RTPC established for jurisdictions in Eastern Contra Costa (County, Pittsburg,
Antioch, Oakley, Brentwood, Tri Delta Transit, BART). The Department of Conservation and Development
provides administrative support to the TRANSPLAN Committee, pursuant to a Joint Powers Agreement (JPA)
(1991) that funds staff time and materials. The budget provides for administrative support to the TRANSPLAN
Committee and its technical advisory committee, staff support to represent the Committee before other entities,
and the ability to carry out the decisions of the Committee. The budget is funded by equal contributions from
the five participating municipalities. The total FY 2025/26 TRANSPLAN budget is $35,103.70. When a FY
2024/25 budget surplus of $15,723.20 is applied to the FY 2025/26 TRANSPLAN budget, the result is a net
total budget of $24,430.50. The County contribution is $4,886.10.
Tri-Valley Transportation Council (TVTC)
TVTC, consisting of Contra Costa County and Alameda County jurisdictions in the Tri-Valley area (Alameda
and Contra Costa counties, Danville, San Ramon, Dublin, Livermore, Pleasanton), adopted a Joint Exercise of
Powers (JEPA) agreement in 2013, formally establishing it as an independent entity. Responsibility for
administrative support rotates every two years among the participating jurisdictions. The TVTC budget for FY
2025/26 is $85,700. Budget revenues are generated from an average annual 1% "set aside" of the subregional
transportation development impact fees and cover the agency's normal operating expenditures. Thus, the
County does not contribute to TVTC.
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West Contra Costa Transportation Advisory Committee (WCCTAC)
WCCTAC is the RTPC established for jurisdictions and transit agencies in Western Contra Costa (County,
Hercules, Pinole, San Pablo, Richmond, El Cerrito, WestCAT, AC Transit, BART). WCCTAC has its own
dedicated staff, headed by an executive director. WCCTAC's full budget consists of the budget for WCCTAC
Operations (Advisory Committee), WCCTAC Traffic Demand Management (TDM), WCCTAC Sub-regional
Transportation Mitigation Program (STMP), and "Other Reimbursable (Special Projects)". The FY 2025/26 full
budget for WCCTAC is $10,805,101.
Member jurisdiction dues support WCCTAC Operations. WCCTAC consists of nine member agencies, each
with one seat/vote, except the City of Richmond, which has three, for eleven total seats/votes. The member
jurisdiction dues are determined by dividing the WCCTAC Operations budget (after deductions from other
funding sources) by the number of seats held; therefore, the County pays one-eleventh (9.1%) of WCCTAC's
Operations budget. The FY 2025/26 Operations budget for WCCTAC is $631,620 after deducting $33,000 of
Measure J (20b and 21b) funds, total member contributions are $617,060 and the County member contribution
is $57,420.
CONSEQUENCE OF NEGATIVE ACTION:
If not accepted, County staff will have no direction on how to fulfill fiscal and policy obligations relative to
funding the Congestion Management Agency and the Regional Transportation Planning Committees.
CONTRA COSTA COUNTY Printed on 11/7/2025Page 4 of 4
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Exhibit A
FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26
Contra Costa Transportation
Authorit Total Bud et $253,753,595 $209,939,317 $184,508,140 $243,858,989 $240,621,444 $205,223,483 $174,388,333 $178,410,527 $217,737,959 $210,622,039 $203,172,894
Contra Costa Transportation
Authorit CMA Bud et $7,357,983 $5,014,681 $3,460,131 $3,596,517 $3,350,767 $3,607,773 $5,216,899 $6,813,668 $8,542,918 $7,393,028 $7,021,543
Southwest Area Transportation
Committee SWAT $34,250 $32,500 $24,375 $30,875 $33,700 $33,700 $42,330 $33,700 $48,735 $48,735 $48,735A
TRANSPAC (Central County) $204,222 $204,222 $449,956 $473,733 $503,556 $406,500 $343,500 $345,500 $375,000 $407,500 $425,500
TRANSPLAN (East County) $35,945 $34,546 $23,000 $31,000 $28,285 $54,043 $34,822 $6,840 $29,094 $16,075 $24,431
Tri-Valley Transportation Council
TVTC $117,603 $98,233 $55,500 $161,000 $166,000 $256,440 $159,010 $60,200 $76,200 $80,700 $85,700
West Contra Costa Transportation
Advisory Committee (WCCTAC)$2,659,143 $4,705,907 $4,002,460 $6,242,704 $5,011,796 $4,662,624 $8,448,556 $8,604,654 $8,260,422 $13,032,446 $10,805,101
Grand TotalB $256,804,758 $215,014,725 $189,063,431 $250,798,301 $246,364,781 $210,636,790 $183,416,551 $187,461,421 $226,576,145 $224,207,495 $214,562,361
FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26
Contra Costa Transportation
Authority (CMA Budget)$101,715 $188,652 $193,431 $182,532 $196,249 $96,573 $144,576 $217,298 $139,823 $294,901C $699,510
Southwest Area Transportation
Committee (SWAT)$5,708 $5,417 $4,063 $5,146 $5,617 $5,617 $7,055 $5,617 $8,123 $8,123 $8,123A
TRANSPAC (Central County) $31,867 $31,867 $35,196 $34,503 $34,539 $32,245 $37,822 $42,884 $46,588 $48,341 $53,034
TRANSPLAN (East County) $7,189 $6,909 $2,495 $6,200 $5,263 $10,809 $2,310 $1,368 $5,819 $3,215 $4,886
Tri-Valley Transportation Council
(TVTC)F $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
West Contra Costa Transportation
Advisory Committee (WCCTAC)$36,675 $39,675 $42,772 $47,049 $48,930 $48,930 $49,644 $51,889 $54,494 $55,911 $57,420
Grand Total $183,154 $272,520 $277,956 $275,430 $290,598 $194,174 $241,407 $319,056 $254,847 $410,491 $822,973
A FY 2025/26 SWAT budget and County contribution are estimates and subject to change. Jursidictions are charged actual costs, which are identified at the end of the fiscal year.
B The calculation for the Grand Total does not include the Contra Costa Transportation Authority CMA Budget figure. It is already included in the CCTA Total Budget.
C County contribution to the Contra Costa Transportation Authority CMA Budget is an estimate and subject to change due to fluctuating federal and state revenue that offset local contributions.
Agency/Committee
Agency/Committee
Budge
County Contribution
G:\Transportation\Committees\RTPC Budgets\2025\CMA & RTPC FY25-26 Budget Report
Exhibit A
D SWAT member agencies were not billed in FY 2014/15.
E TRANSPLAN had a sufficient carryover balance from FY 2013/14 to cover the FY 2014/15 budget.
F No County contributions. TVTC budget is covered by a 1% administration set-aside in the sub-regional fee program.
G:\Transportation\Committees\RTPC Budgets\2025\CMA & RTPC FY25-26 Budget Report
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4622 Name:
Status:Type:Consent Item Passed
File created:In control:10/21/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a memorandum of
understanding with the City of San Ramon, to pay the city $20,000 as the County’s share for
participating in the San Ramon Valley Street Smarts Program during the period from July 1, 2025,
through June 30, 2026, and allocate $40,000 from the Livable Community Trust Fund to pay the
County’s share of program expenses in Fiscal Years 2025/26 and 2026/27, San Ramon area, as
recommended by Supervisor Andersen (100% District II Livable Communities Trust Fund monies)
Attachments:1. LCT Project List 11.4.25 BOS, 2. Street Smarts Program MOU 2025-26
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Allocation of $40,000 from the Livable Communities Trust (District II portion) related to the
San Ramon Valley Street Smarts Program
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a memorandum of
understanding with the City of San Ramon, to pay the city $20,000 as the County’s share for
participating in the San Ramon Valley Street Smarts Program (Program) during the period from July 1,
2025, through June 30, 2026, San Ramon area, as recommended by Supervisor Andersen.
2.AUTHORIZE the Director of Conservation and Development, or designee, to allocate $40,000 from
District II’s portion of Livable Communities Trust Fund monies, to be transferred and held by the Public
Works Department and used to pay the County’s share of the costs to participate in the Program during
the period July 1, 2025 through June 30, 2027 ($20,000 in FY 2025/26; and $20,000 in FY2026/27,
subject to a future Board approval of a Program memorandum of understanding for FY 2026/27).
FISCAL IMPACT:
No General Fund monies are involved. This action allocates $40,000 from the District II portion of Livable
Communities Trust Fund (Fund) monies. The current balance in the District II portion of the Fund is
$1,473,888.92 (prior to the allocation).
BACKGROUND:
Livable Communities Trust Fund
The Livable Communities Trust Fund is a Special Revenue Mitigation Fund that was established by the Board
of Supervisors on November 15, 2005, following the approval of the Camino Tassajara Combined General Plan
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Amendment Project, also known as the Alamo Creek and Intervening Property residential projects, and was
required as a condition of approval. The Fund was established to implement the County’s Smart Growth Action
Plan. The residential developers pay an $8,000 per unit fee (excluding the affordable housing portions of the
projects) into the Fund. The Department of Conservation and Development administers the Fund. On December
3, 2013, the Board of Supervisors determined that revenue from the Fund should be spent equally among
supervisorial districts. At complete build-out, deposits to the Fund will total $8,448,000. As of September 22,
2025, the account has collected $8,376,000 in revenue fees, and $1,693,310 in accrued interest with $3,475,811
remaining in uncommitted funds. The approved expenditures to date are attached.
San Ramon Valley Street Smarts Program
The County Public Works Department (PWD) is requesting $40,000 of District II Livable Communities Trust
funds to continue participation in the San Ramon Valley Street Smarts Program (“Program”). The Program is a
collaborative effort among the County, the City of San Ramon, the Town of Danville, the San Ramon Valley
Unified School District, and San Ramon Valley Fire Protection District to support traffic, bicyclist, and
pedestrian safety for children attending schools within the San Ramon Valley Unified School District.
The Program supports goal/outcome five of the Smart Growth Action Plan to help fund transit and other
transportation improvements that foster smart growth principles. The County has participated in the Program
since 2004 by funding a share of the costs to implement the Program under a memorandum of understanding
with the City of San Ramon, which acts as the lead administrator of the Program. In Fiscal Year (FY) 2025/26,
the City of San Ramon will administer the program, and requests that the County contribute a total of $10,000
for program support and $10,000 for administrative support services. This action also allocates $20,000 for the
County’s share of Street Smarts Program costs in FY 2026/27. All funds will be allocated from District II’s
portion of Livable Communities Trust Fund monies. The use of funds in FY 2026/27 will require the Board to
approve a FY 2026/27 MOU in the future. The attached MOU covers Fiscal Year 2025/26 only.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve this item,the County would not participate in the Street Smarts Program in FY
2025/26,and funds would not be allocated to pay the County’s share for participating in the Program in both
FY 2025/26 and FY 2026/27.
Attachments:
2025/26 Street Smarts Program MOU
Livable Communities Trust Project List
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Liveable Communities Trust Fund
List of Projects
Project
No.Board Date District I District II District III District IV District V
Rate of
1,834,549$ 489,973$ 450,000$ 1,753,977$ 1,815,000$ 3,746,032.47$ 2,597,466.17$ 59%
2025-02 10/7/2025 PWD -$ 30,000$ -$ -$ -$ -$ 30,000.00$ 0%
2025-01 4/1/2025 Town of Moraga -$ 25,000$ -$ -$ -$ 25,000.00$ -$ 100%
2024-15 12/17/2025 STS Academy
2024-14 12/17/2025
Opportunities
2024-13 11/5/2024
Martinez Unified
2024-12 11/5/2024
Unified School
2024-11 11/5/2024
Pittsburg Unified
2024-10 11/5/2024
Antioch Unified
2024-09 11/5/2024
Pittsburg High
2024-08 11/5/2024
Pittsburg Youth
Development
Meals on Wheels
Liveable Communities Trust Fund
List of Projects
2024-06 11/5/2024
Contra Costa &
2024-05 11/5/2024
College
2024-04 11/5/2024
College
2024-03 11/5/2024
College
-$ -$ -$ -$ 100,000$ -$ 100,000$ 0%
2024-02 11/5/2024
Los Medanos
College
-$ -$ -$ -$ 200,000$ -$ 200,000$ 0%
2024-01 8/6/2024 PWD 68,000$ -$ -$ -$ -$ -$ 68,000$ 0%
2023-04 11/28/2023 PWD -$ 40,000$ -$ -$ -$ -$ 40,000$ 0%
2023-03 10/3/2023 PWD -$ 5,515$ -$ -$ -$ 5,498.14$ 16.86$ 99.69%
2023-02 6/27/2023
Chamber of Women's Enterprise
-$ 10,000$ -$ -$ -$ 10,000$ -$ 100%
2023-01 2/7/2023
YES Nature to Neighborhoods Non-
150,000$ -$ -$ -$ -$ 150,000$ -$ 100%
2022-13 11/1/2022 CCTA -$ -$ -$ -$ 40,000$ 40,000$ -$ 100%
2022-12 10/11/2022 PWD -$ 6,000$ -$ -$ -$ 6,000$ -$ 100%
2022-10 10/4/2022 -$ -$ -$ 490,590$ -$ 302,514.46$ 188,075.54$ 62%
Liveable Communities Trust Fund
List of Projects
2022-09 9/20/2022
Monument Crisis
-$ -$ -$ 250,000$ -$ 150,000$ 100,000$ 60%
2022-08 6/21/2022
Orinda Park Master Plan -
-$ 25,000$ -$ -$ -$ -$ 25,000$ 0%
2022-07 6/21/2022
The Lafayette
-$ 25,000$ -$ -$ -$ 25,000$ -$ 100%
2022-06 6/21/2022
Community Moraga Commons
-$ 25,000$ -$ -$ -$ 25,000$ -$ 100%
2022-05 5/10/2022
SRV Street Smarts -
-$ 20,000$ -$ -$ -$ 20,000$ -$ 100%
2022-04 5/10/2022
SRV Street Smarts -
-$ 20,000$ -$ -$ -$ 20,000$ -$ 100%
2022-03 5/10/2022
Community
-$ -$ -$ 250,000$ -$ 50,000$ 200,000$ 20%
2022-02 5/10/2022
Library
-$ -$ -$ 250,000$ -$ 100,000$ 150,000$ 40%
2022-01 5/10/2022
Library
-$ -$ -$ 250,000$ -$ 250,000$ -$ 100%
2020-02 12/15/2020
SRV Street Smarts -
-$ 10,000$ -$ -$ -$ 10,000$ -$ 100%
2020-01 9/22/2020
Community HSG
505,336$ -$ -$ -$ -$ -$ 505,336$ 0%
Liveable Communities Trust Fund
List of Projects
2019-08 10/22/2019
SRV Street Smarts -
-$ 20,000$ -$ -$ -$ 20,000$ -$ 100%
2019-07 7/30/2019 -$ -$ -$ -$ 100,000$ 100,000$ -$ 100%
2019-06 7/30/2019 -$ -$ -$ -$ 50,000$ 50,000$ -$ 100%
2019-05 7/30/2019 -$ -$ -$ -$ 200,000$ 200,000$ -$ 100%
2019-04 6/18/2019 -$ 10,000$ -$ -$ -$ 10,000$ -$ 100%
2019-03 3/26/2019
RYSE Center Capital
51,174$ -$ -$ -$ -$ 51,174$ -$ 100%
2019-02 3/26/2019 42,500$ -$ -$ -$ 42,500$ -$ 100%
2019-01 1/15/2019 15,045$ -$ -$ -$ -$ 15,045$ -$ 100%
2018-07 12/18/2018
Infrastructure Workforce
-$ -$ -$ 13,200$ -$ 13,200$ -$ 100%
2018-06 12/4/2018
SRV Street Smarts -
-$ 20,000$ -$ -$ -$ 20,000$ -$ 100%
2018-05 6/12/2018 25,000$ -$ -$ -$ -$ 25,000$ -$ 100%
2018-04 3/27/2018 -$ 10,000$ -$ -$ -$ 10,000$ -$ 100%
2018-03 3/27/2018 -$ 75,000$ -$ -$ -$ 75,000$ -$ 100%
2018-02 2/27/2018
Contra Costa Housing
-$ 10,000$ -$ -$ -$ 10,000$ -$ 100%
Liveable Communities Trust Fund
List of Projects
2018-01 1/16/2018
SRV Street Smarts -
-$ 20,000$ -$ -$ -$ 20,000$ -$ 100%
2017-03 9/19/2017
Apartments
-$ -$ -$ 125,000$ -$ 125,000$ -$ 100%
2017-02 3/14/2017 -$ 33,458$ -$ 50,187$ -$ 83,645$ -$ 100%
2017-01 3/7/2017 -$ -$ -$ 25,000$ 25,000$ 50,000$ -$ 100%
2016-03 12/20/2016 -$ -$ 150,000$ -$ -$ 150,000$ -$ 100%
2016-02 12/20/2016 -$ -$ 250,000$ -$ -$ 250,000$ -$ 100%
2016-01 6/14/2016 927,494$ -$ -$ -$ -$ 927,494$ -$ 100%
2013-01 10/22/2013 50,000$ 50,000$ 50,000$ 50,000$ 50,000$ 250,000$ -$ 100%
1,834,549$ 489,973$ 450,000$ 1,753,977$ 1,815,000$ 3,746,032.47$ 2,597,466.17$ 59%
CITY OF SAN RAMON
7000 BOLLINGER CANYON ROAD
SAN RAMON, CALIFORNIA 94583
PHONE: (925) 973-2500
WEB SITE: WWW.SANRAMON.CA.GOV
City Council: 973-2530 City Clerk: 973-2539 Engineering Services: 973-2670 Planning Services: 973-2560 Transportation Services: 973-2650
City Manager: 973-2530 Administrative Services: 973-2500 Finance Division: 973-2609 Police Services: 973-2700
City Attorney: 973-2549 Building & Safety Services: 973-2580 Parks & Community Services: 973-3200 Public Services: 973-2800
September 19, 2025
Warren Lai
Public Works Director
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
RE: Memorandum of Understanding – 2025/2026 Street Smarts Program,
Program Development and Administration Staffing Services
Dear Mr. Lai:
The City of San Ramon (“City”) is pleased to continue to partner with Contra Costa County (“County”) in
the implementation of programs, such as the Street Smarts Program, that are of importance to the San
Ramon Valley and on issues, which do not recognize political boundaries.
This Memorandum of Understanding (MOU) outlines the apportionment of duties and responsibilities
between the City and County regarding the provisions of the Street Smarts Program development,
materials, and administrative staffing services for the 2025/2026 Program Year.
1. Program Background
The Street Smarts Program is a traffic safety public education campaign that is implemented valley-
wide through the collaborative efforts of the City of San Ramon, Town of Danville, Contra Costa
County, San Ramon Valley Unified School District, and the San Ramon Valley Fire Protection District.
The Program is funded and directed by the five primary public agencies listed above with additional
funds provided by private sponsors, including the San Ramon Valley Council of PTAs. The federal
Safe Routes to School Program will fund significant components of the Street Smarts efforts during
the 2025/2026 Program Year. On an annual basis, each of the five public agencies appropriate funds
for Program development, materials, and administrative costs.
This MOU outlines the provisions of Program development, materials, and Program administrative
services to the County, by the City, for the 2025/2026 Program Year.
2
2. Responsibilities of the City and the County
A. The City shall:
a. Program staffing services within unincorporated Contra Costa County (in the geographic
area known as the San Ramon Valley and as defined by the San Ramon Valley Unified School
District) as outlined in the Street Smarts Program 2025/2026 Work Plan (Attachment A) and
2025/2026 Financial Plan (Attachment B).
b. Continue to participate in the Street Smarts Advisory Committee and contribute staff time
towards the ongoing implementation of the Program.
B. The County shall:
a. Contribute Ten Thousand Dollars ($10,000.00) in funds to the City of San Ramon for its share
of the Program’s administrative staffing costs outlined in Attachments A and B for the
2025/2026 Program Year.
b. Contribute Ten Thousand Dollars ($10,000.00) in funds to the City of San Ramon for its share
of the Program’s general support costs for the 2025/2026 Program Year.
c. Continue to participate in the Street Smarts Program Advisory Committee and contribute
staff time towards the ongoing implementation of the Program during the 2025/2026
Program Year.
3. Unsanctioned Programs
A public agency partner may choose to conduct programs or activities within their jurisdiction using
the Street Smarts brand. These are known as Unsanctioned Programs and are individual agencies’
efforts to promote Traffic Safety Education or enhance the Street Smarts brand beyond those
identified in the 2025/2026 Work Plan.
Examples of Unsanctioned Programs include the Town of Danville’s efforts to include the Street
Smarts logo on Traffic Safety Education pamphlets at schools or the City of San Ramon’s Safe Routes
to School My Beat / My School Officer Program.
All financial and human resources used to implement Unsanctioned Programs must be borne by the
sponsoring agency. The Valley-wide Street Smarts Program budget and other resources shall not be
used.
4. Modifications
The Program Work Plan may be augmented at any time during the Program year, subject to the
review and agreement of both parties. All Work Plan modifications shall be documented in writing
and shall be executed with an amended MOU.
3
5. Termination
This MOU is in effect beginning July 1, 2025, and ending June 30, 2026.
6. Renewal
This MOU may be renewed beyond this Program Year, subject to the review and agreement of both
parties. All MOU renewals shall be documented in writing and shall be executed with an amended
MOU.
If you agree to the terms and conditions above, please execute this MOU on both originals to
indicate your acceptance and return one original for our files.
We look forward to continuing our collaboration on programs of regional significance. Please do not
hesitate to contact Steven Spedowfski, City Manager at (925) 973-2632 if you have any questions.
X X
Steven Spedowfski Warren Lai
City Manager
City of San Ramon
Public Works Director
Contra Costa County
Date: _____________________________ Date: _____________________________
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4623 Name:
Status:Type:Consent Item Passed
File created:In control:10/21/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
subordination agreement with Berkadia Commercial Mortgage, LLC, and a subordination agreement
with the State of California - Department of Housing and Community Development, to permit the
refinancing of the senior debt associated with an affordable housing development known as Grayson
Creek Apartments, located at 100 Chilpancingo Parkway in the City of Pleasant Hill. (No fiscal impact)
Attachments:1. Berkadia 11156 Grayson Creek - Subordination Agreement, 2. Multi-Family Housing-subord-agrmt
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:John Kopchik, Director, Conservation and Development
Report Title:Approval of subordination agreements to permit the refinancing of the senior loan for Grayson
Creek Apartments
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
subordination agreement with Berkadia Commercial Mortgage, LLC, and a subordination agreement with the
State of California - Department of Housing and Community Development, to permit the refinancing of the
senior debt associated with an affordable housing development known as Grayson Creek Apartments, located at
100 Chilpancingo Parkway in the City of Pleasant Hill.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
In 1998 the County entered into Disposition, Development, and Loan Agreement (DDLA) with BRIDGE
Housing (“BRIDGE”), a non-profit affordable housing developer, to loan $1,750,000 in Community
Development Block Grant (CDBG) funds for the new construction of a 70-unit multi-family affordable housing
development known as the Grayson Creek Apartments, located at 100 Chilpancingo Parkway in the City of
Pleasant Hill.
In 2001 the County provided an additional $825,000 in CDBG funds to BRIDGE for the project. With the
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additional $825,000 in CDBG funds, the County and BRIDGE executed a Modification Agreement and
Memorandum of First Amendment to amend the original Deed of Trust to include the additional $825,000 in
CDBG funds and to secure a combined total of $2,575,000 in CDBG funds provided by the County.An
Amended and Restated Promissory Note was also executed by BRIDGE, evidencing the additional $825,000 in
County CDBG funds and a combined total principal amount of $2,575,000 in County CDBG funds.
In 2003, the California Housing Finance Agency (CalHFA) provided BRIDGE with two loans with a collective
amount of $9 million to refinance the senior debt at that time, and CalHFA became the new senior lender. As
part of that refinancing, the County executed a subordination agreement with CalHFA to subordinate the
County’s $2,575,000 CDBG loan to CalHFA’s senior loan. Also in 2003, the State of California - Department
of Housing and Community Development (“CA-HCD”) provided BRIDGE with a loan in the amount of
$4,074,510 in State of California Multifamily Housing Program (MHP) funds for the project. The County also
executed a subordination agreement with CA-HCD to allow CA-HCD to provide the MHP loan to BRIDGE.
In September 2025, BRIDGE notified County Department of Conservation (DCD) staff that it was in the
process of refinancing the CalHFA senior debt with a new senior loan from Berkadia Commercial Mortgage,
LLC (“Berkadia”). The refinancing would pay the remaining balance of the CalHFA loan, and the excess
proceeds would be used to complete needed capital repairs and rehabilitation of the Grayson Creek Apartments
development (including repair/rehabilitation activities to some of the units) and to create a capital reserve for
future capital repairs not contemplated with the repairs to be completed with the proceeds from the new
Berkadia loan. BRIDGE and Berkadia are requesting the County to consent to the proposed refinancing of the
senior loan and to execute a subordination agreement with Berkadia.
As part of this refinancing with the new Berkadia senior loan, CA-HCD is requiring the County to execute a
new subordination agreement for the MHP loan provided in 2003. No new MHP funds are being provided;
however, CA-HCD requires new documents of existing agreements to be executed when there is a restructuring
of senior debt. Refinancing of senior debt is considered a restructuring activity for CA-HCD. Therefore, CA-
HCD is requiring the County to approve and execute a new subordination agreement for the MHP loan that was
provided in 2003.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve the recommended actions would prevent the refinancing and the needed repair/rehabilitation
work at Grayson Creek Apartments.
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FREE RECORDING IN ACCORDANCE
WITH CALIFORNIA GOVERNMENT
CODE SECTION 27383 and 27388.1.
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
State of California
Department of Housing and
Community Development
P. O. Box 952052
Sacramento, CA 94252-2052
Attn: Legal Affairs Division
___-MHP-____
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY
THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT.
THIS SUBORDINATION AGREEMENT (the "Agreement") is dated as of
__________________, 20___, for reference purposes only, and is entered into by and among
the County of Contra Costa, a political subdivision of the State of California, (the "Junior
Lienholder") and BRIDGE Grayson Creek Associates, a California limited partnership (the
"Borrower"), and the Department of Housing and Community Development, a public agency
of the State of California (the "Senior Lender").
RECITALS
A. Borrower is the owner of the fee simple interest in that real property described
in Exhibit A attached hereto and made a part hereof (the "Property"). The Borrower has
acquired and is rehabilitating a 70-unit multifamily residential rental development on the
Property (the "Improvements"). The Property and the Improvements are sometimes referred
to collectively as the "Development."
B. The Junior Lienholder has made a loan to the Borrower in the principal sum of
Two Million Five Hundred Seventy-Five Thousand Dollars ($2,575,000.00) (the "Junior
Lienholder Loan"). The Junior Lienholder Loan is evidenced by a certain promissory note (the
“Junior Lienholder Note”), secured by a certain deed of trust (the “Junior Lienholder Deed of
Trust”) recorded on July 31, 1998, as Instrument No. 98-181889, as modified by a
document recorded on October 19, 2001, as Instrument No. 2001-315911 in the Official
Records of Contra Costa County, California (the “Official Records”). The Junior Lienholder
and Borrower have also entered into a regulatory agreement affecting the use of the
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Development, recorded on July 31, 1998, as Instrument No. 98-18188, as modified by the
document recorded on October 19, 2001, as Instrument No. 2001-315911 in the Official
Records (the “Junior Lienholder Regulatory Agreement”). (The Junior Lienholder Deed of
Trust, the Junior Lienholder Regulatory Agreement and all other documents evidencing or
securing the Junior Lienholder Loan are collectively referred to herein as the “Junior
Lienholder Documents.”)
C. In order to finance the development of the Improvements, the Senior Lender has
agreed to loan the Borrower a sum not to exceed Four Million Seventy-Four Thousand Five
Hundred Ten Dollars ($4,074,510) (the "MHP Loan"), subject to the terms and conditions of:
(i) a regulatory agreement restricting the use and occupancy of the Development and the
income derived therefrom which shall be dated as of even date herewith and recorded
concurrently herewith as an encumbrance on the Property in the Official Records (the "MHP
Regulatory Agreement"), and (ii) other loan documents. The MHP Loan will be evidenced by
a promissory note (the "MHP Note"), the repayment of which will be secured by, among other
things, a deed of trust by Borrower as trustor, to Senior Lender as beneficiary recorded
concurrently herewith as an encumbrance on the Property in the Official Records (the "MHP
Deed of Trust") and by such other security as is identified in other loan documents.
D. The Senior Lender is willing to make the MHP Loan provided the MHP Deed of
Trust and the MHP Regulatory Agreement are liens, claims or charges upon the Development
prior and superior to the Junior Lienholder Documents, and provided that the Junior
Lienholder specifically and unconditionally subordinates and subjects the Junior Lienholder
Documents to the liens, claims or charges of the MHP Deed of Trust and the MHP Regulatory
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto
and other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and in order to induce the Senior Lender to make its MHP Loan, it is hereby
declared, understood and agreed as follows:
1. The MHP Regulatory Agreement and the MHP Deed of Trust securing the MHP
Note in favor of the Senior Lender, and any and all renewals, modifications, extensions or
advances thereunder or secured thereby (including interest thereon) shall unconditionally be
and remain at all times liens, claims, or charges on the Development prior and superior to the
Junior Lienholder Documents, and to all rights and privileges of the Junior Lienholder
thereunder; and the Junior Lienholder Documents, together with all rights and privileges of the
Junior Lienholder thereunder are hereby irrevocably and unconditionally subject and made
subordinate to the liens, claims or charges of the MHP Deed of Trust and the MHP Regulatory
Agreement.
2. This Agreement shall be the whole and only agreement with regard to the
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subordination of the Junior Lienholder Documents, together with all rights and privileges of the
Junior Lienholder thereunder, to the liens, claims or charges of the MHP Deed of Trust and
the MHP Regulatory Agreement, and this Agreement shall supersede and cancel any prior
agreements to subordinate the claims, liens or charges of, but only insofar as would affect the
priority between the claims, liens or charges of the Junior Lienholder Documents to the MHP
Deed of Trust and the MHP Regulatory Agreement including, but not limited to, those
provisions, if any, contained in the Junior Lienholder Documents, which provide for the
subordination of the lien or charge thereof to another lien or charge on the Property or the
Improvements.
3. The Junior Lienholder declares, agrees and acknowledges that:
(a) The Junior Lienholder consents and approves (i) all provisions of the MHP
Note, the MHP Deed of Trust and the MHP Regulatory Agreement, and (ii) all
agreements among the Junior Lienholder, Borrower and Senior Lender for the
disbursement of the proceeds of the MHP Loan, including without limitation any loan
escrow agreements which have been provided to the Junior Lienholder for review;
(b) The Senior Lender, in making disbursements of the MHP Loan pursuant to
the MHP Note or any other agreement, is under no obligation or duty to, nor has the
Senior Lender represented that it will, see to the application of such proceeds by the
person or persons to whom the Senior Lender disburses such proceeds, and any
application or use of such proceeds for purposes other than those provided for in such
agreement or agreements shall not defeat the subordination herein made in whole or in
part;
(c) That none of the execution, delivery or recordation of any of the MHP Note,
MHP Deed of Trust, or MHP Regulatory Agreement, or the performance of any
provision, condition, covenant or other term thereof, will conflict with or result in a
breach of the Junior Lienholder Documents or the Junior Lienholder Note; and
(d) The Junior Lienholder intentionally and unconditionally waives, relinquishes,
subjects and subordinates the claims, liens or charges upon the Development of the
Junior Lienholder Documents, all present and future indebtedness and obligations
secured thereby, in favor of the claims, liens or charges upon the Development of the
MHP Deed of Trust and the MHP Regulatory Agreement, and understands that in
reliance upon, and in consideration of, this waiver, relinquishment, subjection, and
subordination, the MHP Loan and advances thereof are being and will be made and,
as part and parcel thereof, specific monetary and other obligations are being and will
be entered into which would not be made or entered into but for said reliance upon this
waiver, relinquishment, subjection and subordination.
4. Senior Lender hereby agrees, but only as a separate and independent covenant
of the Senior Lender and not as a condition to the continued effectiveness of the covenants
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and agreements of the Borrower and the Junior Lienholder as set forth herein, as follows:
(a) Following a notice from the Senior Lender to the Borrower that a default or
breach exists under the terms of the Senior Lender Documents and each of them, the
Senior Lender shall promptly (but in no event later than the following business day) send a
copy of such notice to the Junior Lienholder and the Junior Lienholder shall have the right,
but not the obligation, to cure the default as follows:
(i) If the default is reasonably capable of being cured within thirty (30)
days, as determined by the Senior Lender in its sole discretion, the
Junior Lienholder shall have such period to effect a cure prior to
exercise of remedies by Senior Lender under the Senior Lender
Documents, or such longer period of time as may be specified in the
Senior Lender Documents.
(ii) If the default is such that it is not reasonably capable of being cured
within thirty (30) days, as determined by the Senior Lender in its sole
discretion, or such longer period if so specified, and if the Junior
Lienholder (a) initiates corrective action within said period, and (b)
diligently, continually, and in good faith works to effect a cure as soon
as possible, then the Junior Lienholder shall have such additional
time as is determined by the Senior Lender, in its sole discretion, to
be reasonably necessary to cure the default prior to exercise of any
remedies by Senior Lender.
In no event shall Senior Lender be precluded from exercising remedies if its security
becomes or is about to become materially jeopardized by any failure to cure a default or
the default is not cured within ninety (90) days after the first notice of default is given, or
such longer period of time as may be specified in the Senior Lender Documents.
Nothing in this subparagraph (a) is intended to modify any covenant, term or condition
contained in the Senior Lender Documents, including, without limitation, the covenant
against creating or recording any liens or encumbrances against the Property without the
prior written approval of the Senior Lender.
(b) The provisions of this paragraph 4 are intended to supplement, and not to limit,
waive, modify or replace, those provisions of law pertaining to notice and cure rights of
junior lenders including, without limitation, those set forth in California Civil Code sections
2924b and 2924c.
5. The Senior Lender would not make the MHP Loan without this Agreement.
6. This Agreement shall be binding on and inure to the benefit of the legal
representatives, heirs, successors and assigns of the parties.
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7. This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
8. In the event that any party to this Agreement brings an action to interpret or
enforce its rights under this Agreement, the prevailing party in such action shall be entitled to
recover its costs and reasonable attorneys' fees as awarded by the court in such action.
9. This Agreement may be signed by different parties hereto in counterparts with
the same effect as if the signatures to each counterpart were upon a single instrument. All
counterparts shall be deemed an original of this Agreement.
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH
ALLOWS THE PERSON (OR ENTITY) OBLIGATED ON YOUR REAL PROPERTY
SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR
OTHER PURPOSES THAN IMPROVEMENT OF THE LAND.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set
forth above and agree to be bound hereby:
[Signatures follow on page 6 of this Subordination Agreement. The remainder of this
page is blank.]
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JUNIOR LIENHOLDER: BORROWER:
APPROVED AS TO FORM: SENIOR LENDER:
The Department of Housing and
BY: Community Development, a public
agency of the State of California
NAME:
ITS: By:
, Closings Manager
[Signatures must be acknowledged.]
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Prepared by, and after recording
return to:
Lanre A. Popoola, Esquire Troutman Pepper Locke LLP P.O. Box 1122
Richmond, VA 23218
SUBORDINATION AGREEMENT
GOVERNMENTAL ENTITY
(Revised 2-25-2025)
Subordination Agreement – Governmental Entity Page 1
Freddie Mac Loan Number: 510842429
Property Name: Grayson Creek Apartments
SUBORDINATION AGREEMENT
GOVERNMENTAL ENTITY
(Revised 2-25-2025)
THIS SUBORDINATION AGREEMENT (“Agreement”) is entered into this ___ day of
____________, 2025, by and between (i) BERKADIA COMMERCIAL MORTGAGE LLC,
a limited liability company organized and existing under the laws of the State of Delaware
(“Senior Lender”) and (ii) COUNTY OF CONTRA COSTA, a political subdivision of the
State of California (“Subordinate Lender”).
RECITALS
A. BRIDGE GRAYSON CREEK ASSOCIATES, a limited partnership organized under
the laws of the State of California (“Borrower”) is the owner of certain land located in
Contra Costa County, California, described in Exhibit A (“Land”). The Land is improved
with a multifamily rental housing project (“Improvements”).
B. Senior Lender has made or is making a loan to Borrower in the original principal amount
of $[4,500,000].00 (“Senior Loan”) upon the terms and conditions of a Multifamily
Loan and Security Agreement dated as of __________, 2025 between Senior Lender and
Borrower (“Senior Loan Agreement”) in connection with the Mortgaged Property. The
Senior Loan is secured by a Multifamily Deed of Trust, Assignment of Rents, Security
Agreement and Fixture Filing dated as of the date of the Senior Loan Agreement
(“Senior Mortgage”) encumbering the Land, the Improvements and related personal and
other property described and defined in the Senior Mortgage as the “Mortgaged
Property.”
C. Pursuant to a Disposition, Development and Loan Agreement dated July 29, 1998, as
amended by a First Amendement to Disposition, Development and Loan Agreement
dated as of September 17, 2001 between Subordinate Lender and Borrower
(“Subordinate Loan Agreement”), Subordinate Lender has made or is making a loan to
Borrower in the original principal amount of $2,575,000.00 (“Subordinate Loan”). The
Subordinate Loan is evidenced by an Amended and Restated Promissory Note dated
September 17, 2001, and is secured by a Deed of Trust and Security Agreement dated as
of July 29, 1998, as modified by a Modification Agreement and Memorandum of First
Amendment dated as of September 17, 2001 (the deed of trust, as amended,
“Subordinate Mortgage”). The Subordinate Mortgage encumbers all or a portion of the
Mortgaged Property. The Subordinate Mortgage is recorded in the Official Records of
Subordination Agreement – Governmental Entity Page 2
Contra Costa County (“Recording Office”) as Document Nos. 98-0181889-00 and 2001-
0315911-00.
D. The Senior Mortgage will be recorded in the Recording Office.
E. The execution and delivery of this Agreement is a condition of Senior Lender’s making
of the Senior Loan.
AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
1. Definitions. The following terms, when used in this Agreement (including, as
appropriate, when used in the above recitals), will have the following meanings:
The terms “Condemnation,” “Imposition Reserve Deposits,” “Impositions,” “Leases,”
“Rents” and “Restoration,” as well as any term used in this Agreement and not
otherwise defined in this Agreement, will have the meanings given to those terms in the
Senior Loan Agreement.
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency,
composition, restructuring, dissolution, liquidation, receivership, assignment for the
benefit of creditors, or custodianship action or proceeding under any federal or state law
with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their
respective properties, or any of their respective partners, members, officers, directors, or
shareholders.
“Borrower” means all persons or entities identified as “Borrower” in the first Recital of
this Agreement, together with their successors and assigns, and any other person or entity
who acquires title to the Mortgaged Property after the date of this Agreement; provided
that the term “Borrower” will not include Senior Lender if Senior Lender acquires title to
the Mortgaged Property.
“Casualty” means the occurrence of damage to or loss of all or any portion of the
Mortgaged Property by fire or other casualty.
“Enforcement Action” means any of the following actions taken by or at the direction of
Subordinate Lender: the acceleration of all or any part of the Subordinate Indebtedness,
the advertising of or commencement of any foreclosure or trustee’s sale proceedings, the
exercise of any power of sale, the acceptance of a deed or assignment in lieu of
foreclosure or sale, the collecting of Rents, the obtaining of or seeking of the appointment
of a receiver, the seeking of default interest, the taking of possession or control of any of
the Mortgaged Property, the commencement of any suit or other legal, administrative, or
arbitration proceeding based upon the Subordinate Note or any other of the Subordinate
Loan Documents, the exercising of any banker’s lien or rights of set-off or recoupment,
Subordination Agreement – Governmental Entity Page 3
or the exercise of any other remedial action against Borrower, any other party liable for
any of the Subordinate Indebtedness or obligated under any of the Subordinate Loan
Documents, or the Mortgaged Property.
“Enforcement Action Notice” means a Notice given from Subordinate Lender to Senior
Lender following one or more Subordinate Mortgage Default(s) and the expiration of any
applicable notice or cure periods, setting forth in reasonable detail the Subordinate
Mortgage Default(s) and the Enforcement Actions proposed to be taken by Subordinate
Lender.
“Lien” means any lien, encumbrance, estate or other interest, recorded against or secured
by the Mortgaged Property.
“Loss Proceeds” means all monies received or to be received under any insurance policy,
from any condemning authority, or from any other source, as a result of any
Condemnation or Casualty.
“Notice” means all notices, requests, demands, consents, approvals or other
communication pursuant to this Agreement provided in accordance with the provisions of
Section 10.
“Regulatory Agreement” means, collectively, (i) the Regulatory Agreement and
Declaration of Restrictive Covenants between Borrower and Subordinate Lender dated as
of July 29, 1998 and recorded in the Recording Office at Document No. 98-0181888-00
and (ii) Modification Agreement and Memorandum of First Amendment dated as of
September 17, 2001 and recorded in the Recording Office at Document No. 2001-
0315911-00.
“Senior Indebtedness” means the “Indebtedness” as defined in the Senior Loan
Agreement.
“Senior Lender” means the “Lender” as defined in the Senior Mortgage. When any other
person or entity becomes the legal holder of the Senior Note, such other person or entity
will automatically become Senior Lender.
“Senior Loan Documents” means the “Loan Documents” as defined in the Senior Loan
Agreement, as such documents may be amended.
“Senior Mortgage Default” means any act, failure to act, event, condition, or occurrence
which constitutes, or which with the giving of Notice or the passage of time, or both,
would constitute, an “Event of Default” as defined in the Senior Loan Agreement.
“Senior Note” means the promissory note or other evidence of the Senior Indebtedness
and any replacement of the Senior Note.
Subordination Agreement – Governmental Entity Page 4
“Subordinate Indebtedness” means all sums evidenced or secured or guaranteed by, or
otherwise due and payable to Subordinate Lender pursuant to the Subordinate Loan
Documents.
“Subordinate Lender” means the person or entity named as such in the first paragraph
of this Agreement and any other person or entity who becomes the legal holder of the
Subordinate Note after the date of this Agreement.
“Subordinate Loan Documents” means the Subordinate Mortgage, the Subordinate
Note, the Subordinate Loan Agreement, the Regulatory Agreement and all other
documents at any time evidencing, securing, guaranteeing, or otherwise delivered in
connection with the Subordinate Indebtedness, as such documents may be amended.
“Subordinate Mortgage Default” means any act, failure to act, event, condition, or
occurrence which allows (but for any contrary provision of this Agreement), Subordinate
Lender to take an Enforcement Action.
“Subordinate Note” means the promissory note or other evidence of the Subordinate
Indebtedness and any replacement of the Subordinate Note.
“Surplus Cash” means, with respect to any period, any revenues of Borrower remaining
after paying, or setting aside funds for paying, all the following:
(a) All sums due or currently required to be paid under the Senior Loan Documents,
including any reserves and Imposition Reserve Deposits.
(b) All reasonable operating expenses of the Mortgaged Property, including real
estate taxes, insurance premiums, utilities, building maintenance, painting and
repairs, management fees, payroll, administrative expenses, legal expenses and
audit expenses (excluding any developer fees payable with respect to the
Mortgaged Property).
2. Subordinate Lender’s Representations and Warranties.
(a) Subordinate Lender represents and warrants that each of the following is true as
of the date of this Agreement:
(i) Subordinate Lender is now the owner and holder of the Subordinate Loan
Documents.
(ii) No Subordinate Mortgage Default has occurred and is continuing.
(iii) The current unpaid principal balance of the Subordinate Indebtedness is
$2,575,000, including accrued interest.
(iv) No scheduled payments under the Subordinate Note have been prepaid.
Subordination Agreement – Governmental Entity Page 5
(b) Without the prior written consent of Senior Lender, Subordinate Lender will not
do any of the following:
(i) Pledge, assign, transfer, convey, or sell any interest in the Subordinate
Indebtedness or any of the Subordinate Loan Documents.
(ii) Take any action which has the effect of increasing the Subordinate
Indebtedness, except to cure a Senior Mortgage Default as contemplated
under Section 5(a) of this Agreement.
(iii) Accept any prepayment of the Subordinate Indebtedness.
3. Terms of Subordination.
(a) Agreement to Subordinate. The Subordinate Indebtedness is and will at all times
continue to be subject and subordinate in right of payment to the prior payment in
full of the Senior Indebtedness. Each of the Subordinate Loan Documents is, and
will at all times remain, subject and subordinate in all respects to the liens, terms,
covenants, conditions, operations, and effects of each of the Senior Loan
Documents.
(b) Subordination of Subrogation Rights. If Subordinate Lender, by indemnification,
subrogation or otherwise, acquires any Lien on any of the Mortgaged Property,
then that Lien will be fully subject and subordinate to the receipt by Senior
Lender of payment in full of the Senior Indebtedness, and to the Senior Loan
Documents, to the same extent as the Subordinate Indebtedness and the
Subordinate Loan Documents are subordinate pursuant to this Agreement.
(c) Payments Before Senior Mortgage Default; Soft Subordinate Debt. Until the
occurrence of a Senior Mortgage Default, Subordinate Lender will be entitled to
retain for its own account all payments of the principal of and interest on the
Subordinate Indebtedness pursuant to the Subordinate Loan Documents; provided
that Subordinate Lender expressly agrees that it will not accept any such payment
that is made more than 10 days in advance of its due date and provided further
that Subordinate Lender will not accept any payment in an amount that exceeds
75% of then available Surplus Cash.
(d) Payments After Senior Mortgage Default or Bankruptcy.
(i) Immediately upon Subordinate Lender’s receipt of Notice or actual
knowledge of a Senior Mortgage Default, Subordinate Lender will not
accept any payments of the Subordinate Indebtedness, and the provisions
of this Section 3(d) will apply.
Subordination Agreement – Governmental Entity Page 6
(ii) If Subordinate Lender receives any of the following, whether voluntarily
or by action of law, after a Senior Mortgage Default of which Subordinate
Lender has actual knowledge (or is deemed to have actual knowledge as
provided in Section 4(c)) or has been given Notice, such will be received
and held in trust for Senior Lender:
(A) Any payment, property, or asset of any kind or in any form in
connection with the Subordinate Indebtedness.
(B) Any proceeds from any Enforcement Action.
(C) Any payment, property, or asset in or in connection with any
Bankruptcy Proceeding.
(iii) Subordinate Lender will promptly remit, in kind and properly endorsed as
necessary, all such payments, properties, and assets described in Section
3(d)(ii) to Senior Lender. Senior Lender will apply any payment, asset, or
property so received from Subordinate Lender to the Senior Indebtedness
in such order, amount (with respect to any asset or property other than
immediately available funds), and manner as Senior Lender determines in
its sole and absolute discretion.
(e) Bankruptcy. Without the prior written consent of Senior Lender, Subordinate
Lender will not commence, or join with any other creditor in commencing, any
Bankruptcy Proceeding. In the event of a Bankruptcy Proceeding, Subordinate
Lender will not vote affirmatively in favor of any plan of reorganization or
liquidation unless Senior Lender has also voted affirmatively in favor of such
plan.
4. Default Under Subordinate Loan Documents.
(a) Notice of Subordinate Mortgage Default and Cure Rights.
(i) Subordinate Lender will deliver to Senior Lender a copy of each Notice
delivered by Subordinate Lender pursuant to the Subordinate Loan
Documents within 5 Business Days of sending such Notice to Borrower.
Neither giving nor failing to give a Notice to Senior Lender pursuant to
this Section 4(a) will affect the validity of any Notice given by
Subordinate Lender to Borrower.
(ii) For a period of 90 days following delivery to Senior Lender of an
Enforcement Action Notice, Senior Lender will have the right, but not the
obligation, to cure any Subordinate Mortgage Default. However, if such
Subordinate Mortgage Default is a non-monetary default and is not
capable of being cured within such 90-day period and Senior Lender has
commenced and is diligently pursuing such cure to completion, Senior
Subordination Agreement – Governmental Entity Page 7
Lender will have such additional period of time as may be required to cure
such Subordinate Mortgage Default or until such time, if ever, as Senior
Lender takes either of the following actions:
(A) Discontinues its pursuit of any cure.
(B) Delivers to Subordinate Lender Senior Lender’s written consent to
the Enforcement Action described in the Enforcement Action
Notice.
(iii) Senior Lender will not be subrogated to the rights of Subordinate Lender
under the Subordinate Loan Documents as a result of Senior Lender
having cured any Subordinate Mortgage Default.
(iv) Subordinate Lender acknowledges that all amounts advanced or expended
by Senior Lender in accordance with the Senior Loan Documents or to cure
a Subordinate Mortgage Default will be added to and become a part of the
Senior Indebtedness and will be secured by the lien of the Senior Mortgage.
(b) Subordinate Lender’s Exercise of Remedies After Notice to Senior Lender.
(i) In the event of a Subordinate Mortgage Default, Subordinate Lender will
not commence any Enforcement Action until 90 days after Subordinate
Lender has delivered to Senior Lender an Enforcement Action Notice.
During such 90-day period or such longer period as provided in Section
4(a), Subordinate Lender will be entitled to seek specific performance to
enforce covenants and agreements of Borrower relating to income, rent, or
affordability restrictions contained in the Regulatory Agreement, subject
to Senior Lender’s right to cure a Subordinate Mortgage Default set forth
in Section 4(a).
(ii) Subordinate Lender may not commence any other Enforcement Action,
including any foreclosure action under the Subordinate Loan Documents,
until the earlier of:
(A) The expiration of such 90-day period or such longer period as
provided in Section 4(a).
(B) The delivery by Senior Lender to Subordinate Lender of Senior
Lender’s written consent to such Enforcement Action by
Subordinate Lender.
(iii) Subordinate Lender acknowledges that Senior Lender may grant or refuse
consent to Subordinate Lender’s Enforcement Action in Senior Lender’s
sole and absolute discretion. At the expiration of such 90-day period or
such longer period as provided in Section 4(a) and, subject to Senior
Subordination Agreement – Governmental Entity Page 8
Lender’s right to cure set forth in Section 4(a), Subordinate Lender may
commence any Enforcement Action.
(iv) Senior Lender may pursue all rights and remedies available to it under the
Senior Loan Documents, at law, or in equity, regardless of any
Enforcement Action Notice or Enforcement Action by Subordinate
Lender. No action or failure to act on the part of Senior Lender in the
event of a Subordinate Mortgage Default or commencement of an
Enforcement Action will constitute a waiver on the part of Senior Lender
of any provision of the Senior Loan Documents or this Agreement.
(c) Cross Default. Subordinate Lender acknowledges that a Subordinate Mortgage
Default constitutes a Senior Mortgage Default. Accordingly, upon the occurrence
of a Subordinate Mortgage Default, Subordinate Lender will be deemed to have
actual knowledge of a Senior Mortgage Default. If Subordinate Lender notifies
Senior Lender in writing that any Subordinate Mortgage Default of which Senior
Lender has received Notice has been cured or waived, as determined by
Subordinate Lender in its sole discretion, then provided that Senior Lender has
not conducted a sale of the Mortgaged Property pursuant to its rights under the
Senior Loan Documents, any Senior Mortgage Default under the Senior Loan
Documents arising solely from such Subordinate Mortgage Default will be
deemed cured, and the Senior Loan will be reinstated.
5. Default Under Senior Loan Documents.
(a) Notice of Senior Mortgage Default and Cure Rights.
(i) Senior Lender will deliver to Subordinate Lender a copy of any Notice sent
by Senior Lender to Borrower of a Senior Mortgage Default within 5
Business Days of sending such Notice to Borrower. Failure of Senior Lender
to send Notice to Subordinate Lender will not prevent the exercise of Senior
Lender’s rights and remedies under the Senior Loan Documents.
(ii) Subordinate Lender will have the right, but not the obligation, to cure any
monetary Senior Mortgage Default within 30 days following the date of such
Notice. During such 30-day period Senior Lender will be entitled to continue
to pursue its remedies under the Senior Loan Documents.
(iii) Subordinate Lender may, within 90 days after the date of the Notice, cure a
non-monetary Senior Mortgage Default if during such 90-day period,
Subordinate Lender keeps current all payments required under the Senior
Loan Documents. If such a non-monetary Senior Mortgage Default creates
an unacceptable level of risk relative to the Mortgaged Property, or Senior
Lender’s secured position relative to the Mortgaged Property, as determined
by Senior Lender in its sole discretion, then during such 90-day period
Senior Lender may exercise all available rights and remedies to protect and
Subordination Agreement – Governmental Entity Page 9
preserve the Mortgaged Property and the Rents, revenues and other proceeds
from the Mortgaged Property.
(iv) All amounts paid by Subordinate Lender to Senior Lender to cure a Senior
Mortgage Default will be deemed to have been advanced by Subordinate
Lender pursuant to, and will be secured by the lien of, the Subordinate
Mortgage. Notwithstanding anything in this Section 5(a) to the contrary,
Subordinate Lender’s right to cure any Senior Mortgage Default will
terminate immediately upon the occurrence of any Bankruptcy Proceeding.
(b) Release of Mortgaged Property.
(i) Subordinate Lender consents to and authorizes any future release by
Senior Lender of all or any portion of the Mortgaged Property from the
lien, operation, and effect of the Senior Loan Documents. Subordinate
Lender waives to the fullest extent permitted by law, all equitable or other
rights it may have in connection with the release of all or any portion of
the Mortgaged Property, including any right to require Senior Lender to do
any of the following:
(A) To conduct a separate sale of any portion of the Mortgaged
Property.
(B) To exhaust its remedies against all or any portion of the Mortgaged
Property or any combination of portions of the Mortgaged Property
or any other collateral for the Senior Indebtedness.
(C) To proceed against Borrower, any other party that may be liable
for any of the Senior Indebtedness (including any general partner
of Borrower if Borrower is a partnership), all or any portion of the
Mortgaged Property or combination of portions of the Mortgaged
Property or any other collateral, before proceeding against all or
such portions or combination of portions of the Mortgaged
Property as Senior Lender determines. Subordinate Lender waives
to the fullest extent permitted by law any and all benefits under
California Civil Code Sections 2845, 2849 and 2850.
(ii) Subordinate Lender consents to and authorizes, at the option of Senior
Lender, the sale, either separately or together, of all or any portion of the
Mortgaged Property. Subordinate Lender acknowledges that without
Notice to Subordinate Lender and without affecting any of the provisions
of this Agreement, Senior Lender may do any of the following:
(A) Extend the time for or waive any payment or performance under
the Senior Loan Documents.
Subordination Agreement – Governmental Entity Page 10
(B) Modify or amend in any respect any provision of the Senior Loan
Documents.
(C) Modify, exchange, surrender, release, and otherwise deal with any
additional collateral for the Senior Indebtedness.
(c) Termination Upon Foreclosure. The lien of the Subordinate Loan Documents will
automatically terminate upon the acquisition by Senior Lender or by a third-party
purchaser of title to the Mortgaged Property pursuant to a foreclosure of, deed in
lieu of foreclosure, or trustee’s sale or other exercise of a power of sale or similar
disposition under the Senior Mortgage.
6. Conflicts. If there is any conflict or inconsistency between the terms of the Subordinate
Loan Documents and the terms of this Agreement, then the terms of this Agreement will
control. Borrower acknowledges that the terms and provisions of this Agreement will not,
and will not be deemed to do any of the following:
(a) Extend Borrower’s time to cure any Senior Mortgage Default or Subordinate
Mortgage Default.
(b) Give Borrower the right to receive notice of any Senior Mortgage Default or
Subordinate Mortgage Default, other than that, if any, provided, respectively
under the Senior Loan Documents or the Subordinate Loan Documents.
(c) Create any other right or benefit for Borrower as against Senior Lender or
Subordinate Lender.
7. Rights and Obligations of Subordinate Lender Under the Subordinate Loan
Documents and of Senior Lender under the Senior Loan Documents.
(a) Insurance.
(i) All requirements pertaining to insurance under the Subordinate Loan
Documents (including requirements relating to amounts and types of
coverages, deductibles and special endorsements) will be deemed satisfied
if Borrower complies with the insurance requirements under the Senior
Loan Documents and of Senior Lender.
(ii) All original policies of insurance required pursuant to the Senior Loan
Documents will be held by Senior Lender.
(iii) Nothing in this Section 7(a) will preclude Subordinate Lender from
requiring that it be named as a mortgagee and loss payee, as its interest
may appear, under all policies of property damage insurance maintained
by Borrower with respect to the Mortgaged Property, provided such action
does not affect the priority of payment of Loss Proceeds, or that
Subordination Agreement – Governmental Entity Page 11
Subordinate Lender be named as an additional insured under all policies of
liability insurance maintained by Borrower with respect to the Mortgaged
Property.
(b) Condemnation or Casualty.
In the event of a Condemnation or a Casualty, the following provisions will apply:
(i) The rights of Subordinate Lender (under the Subordinate Loan Documents
or otherwise) to participate in any proceeding or action relating to a
Condemnation or a Casualty, or to participate or join in any settlement of,
or to adjust, any claims resulting from a Condemnation or a Casualty, will
be and remain subordinate in all respects to Senior Lender’s rights under
the Senior Loan Documents, and Subordinate Lender will be bound by any
settlement or adjustment of a claim resulting from a Condemnation or a
Casualty made by Senior Lender.
(ii) All Loss Proceeds will be applied either to payment of the costs and
expenses of Restoration or to payment on account of the Senior
Indebtedness, as and in the manner determined by Senior Lender in its
sole discretion; provided however, Senior Lender agrees to consult with
Subordinate Lender in determining the application of Casualty proceeds.
In the event of any disagreement between Senior Lender and Subordinate
Lender over the application of Casualty proceeds, the decision of Senior
Lender, in its sole discretion, will prevail.
(iii) If Senior Lender holds Loss Proceeds, or monitors the disbursement of
Loss Proceeds, Subordinate Lender will not do so. Nothing contained in
this Agreement will be deemed to require Senior Lender to act for or on
behalf of Subordinate Lender in connection with any Restoration or to
hold or monitor any Loss Proceeds in trust for or otherwise on behalf of
Subordinate Lender, and all or any Loss Proceeds may be commingled
with any funds of Senior Lender.
(iv) If Senior Lender elects to apply Loss Proceeds to payment on account of
the Senior Indebtedness, and if the application of such Loss Proceeds
results in the payment in full of the entire Senior Indebtedness, any
remaining Loss Proceeds held by Senior Lender will be paid to
Subordinate Lender unless another party has asserted a claim to the
remaining Loss Proceeds.
(c) Modification of Subordinate Loan Documents. Subordinate Lender agrees that,
until the principal of, interest on and all other amounts payable under the Senior
Loan Documents have been paid in full, it will not, without the prior written
consent of Senior Lender, increase the amount of the Subordinate Loan, increase
the required payments due under the Subordinate Loan, decrease the term of the
Subordination Agreement – Governmental Entity Page 12
Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise
amend the Subordinate Loan terms in a manner that creates an adverse effect
upon Senior Lender under the Senior Loan Documents. If Subordinate Lender
either (i) amends the Subordinate Loan Documents in the manner set forth above
or (ii) assigns the Subordinate Loan without Senior Lender’s consent, then such
amendment or assignment will be void ab initio and of no effect whatsoever.
(d) Modification of Senior Loan Documents. Senior Lender may amend, waive,
postpone, extend, renew, replace, reduce or otherwise modify any provisions of
the Senior Loan Documents without the necessity of obtaining the consent of or
providing Notice to Subordinate Lender, and without affecting any of the
provisions of this Agreement. Notwithstanding the foregoing, Senior Lender may
not modify any provision of the Senior Loan Documents that increases the Senior
Indebtedness, except for increases in the Senior Indebtedness that result from
advances made by Senior Lender to protect the security or lien priority of Senior
Lender under the Senior Loan Documents or to cure defaults under the
Subordinate Loan Documents.
(e) Commercial or Retail Leases. If requested, Subordinate Lender will enter into
attornment and non-disturbance agreements with all tenants under commercial or
retail Leases, if any, to whom Senior Lender has granted attornment and non-
disturbance, on the same terms and conditions given by Senior Lender.
(f) Consent Rights. Whenever the Subordinate Loan Documents give Subordinate
Lender approval or consent rights with respect to any matter, and a right of
approval or consent for the same or substantially the same matter is also granted
to Senior Lender pursuant to the Senior Loan Documents or otherwise, Senior
Lender’s approval or consent or failure to approve or consent will be binding on
Subordinate Lender. None of the other provisions of Section 7 are intended to be
in any way in limitation of the provisions of this Section 7(f).
(g) Escrows. Except as provided in this Section 7(g), and regardless of any contrary
provision in the Subordinate Loan Documents, Subordinate Lender will not
collect any escrows for any cost or expense related to the Mortgaged Property or
for any portion of the Subordinate Indebtedness. However, if Senior Lender is not
collecting escrow payments for one or more Impositions, Subordinate Lender may
collect escrow payments for such Impositions; provided that all payments so
collected by Subordinate Lender will be held in trust by Subordinate Lender to be
applied only to the payment of such Impositions.
(h) Certification. Within 10 days after request by Senior Lender, Subordinate Lender
will furnish Senior Lender with a statement, duly acknowledged and certified
setting forth the then-current amount and terms of the Subordinate Indebtedness,
confirming that there exists no default under the Subordinate Loan Documents (or
describing any default that does exist), and certifying to such other information
with respect to the Subordinate Indebtedness as Senior Lender may request.
Subordination Agreement – Governmental Entity Page 13
8. Refinancing. Subordinate Lender agrees that its agreement to subordinate under this
Agreement will extend to any new mortgage debt which is for the purpose of refinancing
all or any part of the Senior Indebtedness (including reasonable and necessary costs
associated with the closing and/or the refinancing, and any reasonable increase in
proceeds for rehabilitation in the context of a preservation transaction). All terms and
covenants of this Agreement will inure to the benefit of any holder of any such
refinanced debt, and all references to the Senior Loan Documents and Senior Lender will
mean, respectively, the refinance loan documents and the holder of such refinanced debt.
9. Governmental Powers. Nothing in this Agreement is intended, nor will it be construed,
to in any way limit the exercise by Subordinate Lender of its governmental powers
(including police, regulatory and taxing powers) with respect to Borrower or the
Mortgaged Property to the same extent as if it were not a party to this Agreement or the
transactions contemplated by this Agreement.
10. Notices.
(a) Any Notice required or permitted to be given pursuant to this Agreement will be
in writing and will be deemed to have been duly and sufficiently given if (i)
personally delivered with proof of delivery (any Notice so delivered will be
deemed to have been received at the time so delivered), or (ii) sent by a national
overnight courier service (such as FedEx) designating earliest available delivery
(any Notice so delivered will be deemed to have been received on the next
Business Day following receipt by the courier), or (iii) sent by United States
registered or certified mail, return receipt requested, postage prepaid, at a post
office regularly maintained by the United States Postal Service (any Notice so
sent will be deemed to have been received on the date of delivery as confirmed by
the return receipt), addressed to the respective parties as follows:
Notices intended for Senior Lender will be addressed to:
Berkadia Commercial Mortgage LLC
323 Norristown Road, Suite 300
Ambler, Pennsylvania 19002
Attention: Servicing
Notices intended for Subordinate Lender will be addressed to:
County of Contra Costa
30 Muir Road
Martinez, CA 94553
Attention: Director, Department of Conservation and Development
(b) Any party, by Notice given pursuant to this Section 10, may change the person or
persons and/or address or addresses, or designate an additional person or persons
Subordination Agreement – Governmental Entity Page 14
or an additional address or addresses, for its Notices, but Notice of a change of
address will only be effective upon receipt. Neither party will refuse or reject
delivery of any Notice given in accordance with this Section 10.
11. Reserved.
12. Miscellaneous Provisions.
(a) Assignments/Successors. This Agreement will be binding upon and will inure to
the benefit of the respective legal successors and permitted assigns of the parties
to this Agreement. Without prior notice to or the consent of the Subordinate
Lender or the Borrower, the Senior Lender may freely transfer or assign the
Senior Loan and the Senior Loan Documents, including this Agreement, in whole
or in part, and the Subordinate Lender acknowledges and agrees that any future
legal holder of the Senior Note will automatically be a legal successor and
permitted assignee of Senior Lender hereunder, without the necessity of any
further action or instrument. No other party will be entitled to any benefits under
this Agreement, whether as a third-party beneficiary or otherwise.
(b) No Partnership or Joint Venture. Nothing in this Agreement or in any of the
Senior Loan Documents or Subordinate Loan Documents will be deemed to
constitute Senior Lender as a joint venturer or partner of Subordinate Lender.
(c) Further Assurances. Upon Notice from Senior Lender, Subordinate Lender will
execute and deliver such additional instruments and documents, and will take
such actions, as are required by Senior Lender to further evidence or implement
the provisions and intent of this Agreement.
(d) Amendment. This Agreement may be amended, changed, modified, altered or
terminated only by a written instrument signed by the parties to this Agreement or
their successors or assigns.
(e) Governing Law. This Agreement will be governed by the laws of the State in
which the Land is located.
(f) Severable Provisions. If any one or more of the provisions contained in this
Agreement, or any application of any such provisions, is invalid, illegal, or
unenforceable in any respect, the validity, legality, enforceability, and application
of the remaining provisions contained in this Agreement will not in any way be
affected or impaired.
(g) Term. The term of this Agreement will commence on the date of this Agreement
and will continue until the earliest to occur of the following events:
Subordination Agreement – Governmental Entity Page 15
(i) The payment of all the Senior Indebtedness; provided that this Agreement
will be reinstated in the event any payment on account of the Senior
Indebtedness is avoided, set aside, rescinded or repaid by Senior Lender.
(ii) The payment of all the Subordinate Indebtedness other than by reason of
payments which Subordinate Lender is obligated to remit to Senior Lender
pursuant to this Agreement.
(iii) The acquisition by Senior Lender or by a third-party purchaser of title to
the Mortgaged Property pursuant to a foreclosure of, deed in lieu of
foreclosure, or trustee’s sale or other exercise of a power of sale or similar
disposition under the Senior Mortgage.
(iv) With the prior written consent of Senior Lender, without limiting the
provisions of Section 4(b)(iv), the acquisition by Subordinate Lender of
title to the Mortgaged Property subject to the Senior Mortgage pursuant to
a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a
power of sale under) the Subordinate Mortgage.
(h) Counterparts. This Agreement may be executed in two or more counterparts, each
of which will be deemed an original but all of which together will constitute one
and the same instrument.
(i) Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties regarding the matters addressed in this Agreement,
and will supersede and cancel any prior agreements regarding such matters.
(j) Authority. Each person executing this Agreement on behalf of a party to this
Agreement represents and warrants that such person is duly and validly
authorized to do so on behalf of such party with full right and authority to execute
this Agreement and to bind such party with respect to all of its obligations under
this Agreement.
(k) No Waiver. No failure or delay on the part of any party to this Agreement in
exercising any right, power, or remedy under this Agreement will operate as a
waiver of such right, power, or remedy, nor will any single or partial exercise of
any such right, power or remedy preclude any other or further exercise of such
right, power, or remedy or the exercise of any other right, power or remedy under
this Agreement.
(l) Remedies. Each party to this Agreement acknowledges that if any party fails to
comply with its obligations under this Agreement, the other parties will have all
rights available at law and in equity, including the right to obtain specific
performance of the obligations of such defaulting party and injunctive relief.
13. Attached Riders. The following Riders are attached to this Agreement: None
Subordination Agreement – Governmental Entity Page 16
14. Attached Exhibits. The following Exhibits, if marked with an “X” in the space provided,
are attached to this Agreement:
|X| Exhibit A Description of the Land (required)
| | Exhibit B Ground Lease Description (if applicable)
[SIGNATURE AND ACKNOWLEDGMENT PAGES FOLLOW]
Subordination Agreement – Governmental Entity Page S-1
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year
first above written.
SENIOR LENDER:
BERKADIA COMMERCIAL MORTGAGE LLC, a Delaware limited liability company By: _____________________ Amy Jesberger Authorized Representative ACKNOWLEDGMENT State of County of On ________________________ before me, _________________________________________, (Insert Name and Title of the Officer) personally appeared Amy Jesberger, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature____________________________________(Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who
signed the document to which this
certificate is attached, and not the
truthfulness, accuracy, or validity of
that document.
Subordination Agreement – Governmental Entity Page S-2
SUBORDINATE LENDER:
COUNTY OF CONTRA COSTA, a political subdivision
of the State of California
By: ______________________________________
Name: ___________________________________
Title: ____________________________________
ACKNOWLEDGMENT State of County of On _____________, 2025 before me, _________________________________________, (Insert Name and Title of the Officer) personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature____________________________________(Seal)
A notary public or other officer completing this certificate verifies
only the identity of the individual who signed the document to
which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
Subordination Agreement – Governmental Entity Page S-3
CONSENT OF BORROWER
Borrower acknowledges receipt of a copy of this Subordination Agreement, dated _____________, 2025, by and between BERKADIA COMMERCIAL MORTGAGE LLC and COUNTY OF CONTRA COSTA and consents to the agreement of the parties set forth in this Agreement.
Subordination Agreement – Governmental Entity Page S-4
BORROWER:
BRIDGE GRAYSON CREEK ASSOCIATES,
a California limited partnership
By: CHURCH STREET HOUSING, INC.,
a California nonprofit public benefit corporation,
its General Partner
By: __________________
Name:
Title: ACKNOWLEDGMENT State of County of On ________________________ before me, _________________________________________, (Insert Name and Title of the Officer) personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. Signature____________________________________(Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who
signed the document to which this
certificate is attached, and not the
truthfulness, accuracy, or validity of
that document.
Subordination Agreement – Governmental Entity Page A-1
EXHIBIT A
LEGAL DESCRIPTION
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4625 Name:
Status:Type:Consent Item Passed
File created:In control:9/30/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT the 2025 Records Retention Schedule for the County Administrator’s Office, as
recommended by the County Administrator.
Attachments:1. 2025 Record Retention Schedule - County Administrator's Office
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Adoption of 2025 Records Retention Schedule for the County Administrator’s Office
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT the 2025 Records Retention Schedule for the County Administrator’s Office, including the General
Administration, Clerk of the Board, Office of Communications and Media, Labor Relations and Law & Justice
Information Systems divisions.
FISCAL IMPACT:
The implementation of this schedule is not expected to have any significant fiscal impact. It leverages existing
recordkeeping practices and resources.
BACKGROUND:
The County Administrator’s Office is responsible for overseeing multiple divisions, each of which manages
records that are critical to the efficient operation of county activities. Proper retention of these records is
essential to ensure compliance with legal requirements, promote operational efficiency, and safeguard the
interests of the county.
The proposed CAO Records Retention Schedule:
·Provides a comprehensive definition of each type of record and identifies the responsible division.
·Specifies the medium in which each record is maintained (e.g., paper, electronic, etc.).
·Identifies the retention period and statutory references governing the lifecycle of each record.
Adoption of this schedule will:
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·Promote greater transparency and accountability across all divisions within the County Administrator’s
Office.
·Ensure strict compliance with state and county recordkeeping requirements.
·Enhance operational efficiency by streamlining the retrieval, storage, and disposal of records.
·Minimize risks associated with improper recordkeeping practices.
By adopting this schedule, the Board will ensure that all divisions within the County Administrator’s Office
manage records in an efficient, legally compliant, and consistent manner, thereby upholding the county’s
commitment to transparency, accountability, and operational excellence.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action will result in inconsistent recordkeeping across divisions within the County Administrator’s
Office.
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RECORD
SERIES
NUMBER
RECORD SERIES TITLE/SUBTITLE
AND DESCRIPTION
RETENTION PERIOD
(from date of record)
RETENTION MEDIUM
(Paper/Electronic)RECORD DESTRUCTION DATE STATUTORY REFERENCE
GEN100 General
GEN101
Staff project files - review before
destruction, some documents may be
permanently retained for historical
reference
5 Years Electronic End of Retention Period Department Policy
GEN102
Negotiations correspondence and
contracts 5 Years Electronic/Paper End of Retention Period, then convert to
Electronic Department Policy
GEN103
Correspondence – administrative
documents pertaining to or arising from
routine administration or operation of
County polices, programs, services and
projects
2 Years Electronic End of Retention Period GC 26202
GEN104
Correspondence – policy and program
development records pertaining to
research and implementation of County
policies, programs or services
5 Years Electronic End of Retention Period Department Policy
GEN105
Department copy of contacts, MOU’s
and agreements Contract Termination Date + 1 Year Electronic End of Retention Period Department Policy; Records are Perm in
Workday
GEN106
Public records requests - includes
original request, response, and
supporting documentation
2 Years Electronic End of Retention Period GC 26202
GEN107
Procurement cards - logs, statements,
TC52's, receipts, travel docs and
quarterly review
1 Year Electronic End of Retention Period Records remain in Workday
GEN108 Electronic Deposit Permit (EDP) records 1 Year Electronic End of Retention Period Records remain in Workday
GEN109
Invoices - contractor and purchase
orders Contract Termination Date + 1 Year Electronic End of Retention Period Records remain in Workday
GEN110
Purchasing records - department
requisitions, purchase orders Contract Termination Date + 1 Year Electronic End of Retention Period Department Policy
GEN111
Safety records – includes inspections,
training records, accident investigations,
complaints
10 Years Electronic End of Retention Period Department Policy; GC 26202
BGT200 Budget
BGT201
Proposed, summary and approved
budget books - annual/bi-annual
operating budget approved by the Board
of Supervisors.
PERM Electronic PERM Department Policy
BGT202
Budget modification worksheets -
reallocations by departments during
budget Year
2 Years Electronic End of Retention Period Department Policy
PER300 Personnel
PER301
Employee personnel files - department
copy of personnel documents, including
performance evaluations and goals.
EE Separation Date + 2 Years Electronic End of Retention Period Department Policy
PER302 Travel records Travel Date + 2 Years Electronic End of Retention Period GC 26202
Contra Costa County Administration Records Retention Schedule
November 2025 1
PER303
Employee security records – parking
records relating to issuance of parking
permits
EE Separation Date + 2 Years Electronic End of Retention Period Department Policy
PER304 Payroll reports and related records Fiscal Year End + 2 Years Electronic End of Retention Period GC 26202
DBT400 Debt Management
DBT401
Bond Transcripts Bond Indenture, Trust
Agreement, bond counsel opinions, etc.
Maturity Date of Bonds + 6 Years Electronic End of Retention Period + 1 Year Internal Rev. Code 6001, Debt Mgmt. Policy
DBT402 Debt Managemen End of Retention Period + 1 Year
DBT403
Documentation of expenditure of bond
proceeds Maturity Date of Bonds + 6 Years Electronic End of Retention Period + 1 Year Internal Rev. Code 6001, Debt Mgmt. Policy
DBT404
Documentation of use of bond-financed
property by public of private sources
Management contracts, research
agreements, etc.
Maturity Date of Bonds + 6 Years Electronic End of Retention Period + 1 Year Internal Rev. Code 6001, Debt Mgmt. Policy
DBT405
Documentation related to sources of
payment or security for the bonds Maturity Date of Bonds + 6 Years Electronic End of Retention Period + 1 Year Internal Rev. Code 6001, Debt Mgmt. Policy
DBT406
Documentation related to investment of
bond proceeds Purchase and sale of
securities, SLGS subscriptions, etc.
Maturity Date of Bonds + 6 Years Electronic End of Retention Period + 1 Year Internal Rev. Code 6001, Debt Mgmt. Policy
MEET500 Meetings (including advisory bodies)
MEET501 Meeting agendas PERM Electronic/Paper PERM Department Policy
MEET502 Meeting minutes PERM Electronic/Paper PERM Department Policy
MEET503 Ordinances PERM Electronic/Paper PERM Department Policy
MEET504 Resolutions PERM Electronic/Paper PERM Department Policy
MEET505 AB 1234 ethics training - certificates 5 Years Electronic End of Retention Period GC 53235.2
MEET506 Legal noticing PERM Electronic PERM Department Policy
MEET507 Advisory body manual PERM Electronic PERM Department Policy; GC 26202
MEET508 Vacancy notices and reports 2 Years Electronic End of Retention Period GC 26202; ; GC 26205.1
MEET509 Advisory body applications 2 Years Electronic End of Retention Period GC 26202; ; GC 26205.1
MEET510 Rosters 2 Years Electronic End of Retention Period GC 26202; GC 26205.1
LBR600 Labor Relations
LBR601
Union Transactional Records - union
recognition, decertification, elections,
unit modification, etc.
PERM Electronic PERM Department Policy
LBR602
MOU Bargaining Records - MOUs,
negotiation proposals, notes, logs,
tentative agreements, factfinding
PERM Electronic PERM Department Policy
LBR603
Meet & Confer Records - sign in
sheets, notes, evidence, summaries PERM Electronic PERM Department Policy
LBR604
Grievance Records - sign in sheets,
notes, evidence, summaries, arbitration
records
PERM Electronic PERM Department Policy
LBR605
Requests for Information -
communication, documents, notes 2 Years Electronic End of Retention Period Department Policy
LBR606
Labor-Management Committee Records
- notes, documents, logs 3 Years Electronic End of Retention Period Department Policy
LBR607
PERB Records - decisions/settlement
agreements PERM County Counsel
Maintains PERM Department Policy
Contra Costa County Administration Records Retention Schedule
November 2025 2
CLK700 Clerk of the Board
CLK701 Annual grand jury repor PERM Electronic/Paper PERM Department Policy
CLK702 Claims 9 Years Electronic End of Retention Period + 1 Year Department Policy; GC 25105.5
CLK703
Conflict of Interest Statements - Form
700 7 Years Electronic End of Retention Period GC 81009(e)
CLK704
Conflict of Interest administration files-
original code and code updates PERM Electronic PERM Department Policy
CLK705 Assessment Appeals applications CL+5 Years Electronic End of Retention Period GC 25105.5
CLK706 Assessment Appeals Withdrawals 5 Years Electronic End of Retention Period GC 25105.5
CLK707
BGO Chron file – memos written to the
Board of Supervisors 2 Years Electronic End of Retention Period GC 26202
CLK708
Abatement Appeals – includes
withdrawals 5 Years Electronic End of Retention Period Department Policy; GC 26202
COM800 Office of Communications and Media
COM801 Green Sheets - track production jobs 5 Years Electronic End of Retention Period Department Policy
COM802 Photo release form and talent Final Publication Date + 1 Year Electronic End of Retention Period Department Policy
COM803 OCM/CCTV charges for productions 5 Years Electronic End of Retention Period Department Policy
COM804
Veterans' Voices - crew sheet, billing for
client's 2 Years Electronic End of Retention Period Department Policy
COM805
Peg Users - channel access isers, users
eligible for use channels
Agreement Termination Date + 2
Years Electronic End of Retention Period Department Policy
COM806
Video Archives - tapes, raw footage,
drafts and final versions 5 Years Electronic End of Retention Period Department Policy
LJS900 Law and Justice Information Systems
LJS901
Case management System Migration
project files PERM Electronic PERM Department Policy
LJS902
Warrant Management System,
eWarrants (Previously JAWS) project
files
PERM Electronic PERM Department Policy
LJS903 Justice Partner related project files PERM Electronic PERM Department Policy
Contra Costa County Administration Records Retention Schedule
November 2025 3
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4638 Name:
Status:Type:Consent Item Passed
File created:In control:10/27/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount
of $511,600, as recommended by Supervisor Carlson. (100% General Fund)
Attachments:1. Staff Report w/ Footnotes (PDF), 2. Attachment A - Community Impact Fund District IV
Recommendations
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:ALLOCATION RECOMMENDATIONS FROM COMMUNITY IMPACT FUND -
SUPERVISORIAL DISTRICT IV
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1.APPROVE allocations of Supervisorial District IV Community Impact Funds in an aggregate amount of
$511,600;
2.APPROVE and AUTHORIZE the District IV Supervisor, or designee, to enter into contracts related to
the allocation of Community Impact Funds in an aggregate amount of $511,600 as outlined in
Attachment A.
FISCAL IMPACT:
On June 24, 2025, the Board indicated a desire to allocate $1 million per District from COVID-19 FEMA
Reserve funds (now General Fund Appropriation for Contingencies) for direction by each District Supervisor
following a community engagement process within each Supervisorial District.
Subsequently, on July 8, 2025, the Board allocated $15,000 per District to fund the costs of community
engagement processes to help inform allocation of $1 million District grant programs. The $15,000 per District
amounts are separate and in addition to the $1 million per District allocations.
Today’s action requests that the Board authorize Community Impact Fund allocations in an aggregate amount
of $511,600, as described in Attachment A, following community engagement and allocation solicitation
processes facilitated by Supervisorial District IV.
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BACKGROUND:
Establishment of the COVID-19 FEMA Reserve
On April 22, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx?ID=6639234&GUID=5C143422-
E0CD-4C15-8BD0-36C645A7A9A6&Options=ID%7CText%7C&Search=FEMA&FullText=1>, the Board of
Supervisors directed the County Administrator to claim $37,544,395 in remaining American Rescue Plan Act
(ARPA), Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to offset a portion of the General Fund
subsidy to the Hospital Enterprise Fund in FY23-24. In addition, the Board directed the County Administrator
to take the following actions:
1.Include a General Fund Assigned Reserve designation in a like amount at the conclusion of FY23-24 in
recognition of FEMA claims that have not yet been obligated or received and to return to the Board at
least annually with an update as to the status of COVID-19 era FEMA Public Assistance program
claims; and
2.At that time the Board would make determinations as to whether the General Fund Assigned Reserve
designation amount should be reduced based on additional revenue received from FEMA.
On April 30, 2024, the County Administrator’s Office processed the final CSLFRF claim in the amount of
$37,544,395 as directed by the Board and subsequently reported the transaction in the next quarterly report to
the United States Treasury Department effectively concluding the County’s ARPA CSLFRF program.
On June 4, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx?ID=6710249&GUID=5271BE5F-
4693-4317-BFDD-C612A4C0B957&Options=ID|Text|&Search=FEMA>, the Board authorized a second
transaction to draw the full balance of the ARPA Local Assistance and Tribal Consistency Fund (LATCF) in the
amount of $100,000 and similarly allocate a like amount to General Fund Assigned Reserve status.
On September 24, 2024 <https://contra-costa.legistar.com/LegislationDetail.aspx?
ID=6869480&GUID=4302899F-FFF5-4CA4-9F52-1AF888B7FDAF&Options=ID%7CText%
7C&Search=FEMA&FullText=1>, the Board of Supervisors approved the FY24-25 Adopted Budget as Finally
Determined, which includes mandatory schedules outlined in the County Budget Act.Schedule A, titled “Detail
of Provisions for Obligated Fund Balances for Fiscal Year 2024-2025 Final Budgets <https://contra-
costa.legistar.com/View.ashx?M=F&ID=13319952&GUID=E180B601-6361-453C-8367-36097CE1ACEE>”
includes a provision for the combined $37,644,395 General Fund Assigned Fund Balance (henceforth referred
to as the “COVID-19 FEMA Reserve”), in compliance with the direction from the Board on April 22, 2024 and
June 4, 2024 as outlined above.
Year 1 COVID-19 FEMA Reserve Report
In compliance with the Board’s direction from April 22, 2024, the County Administrator returned to the Board
of Supervisors on April 28, 2025 to provide a Year 1 report on the status of COVID-19 era FEMA Public
Assistance program claims. The report was integrated into the FY25-26 budget hearing process.
Specifically, the County Administrator’ s report indicated that, as of April 21, 2025, the County had received
$74,003,942, or 89.7% of anticipated COVID-19 FEMA Public Assistance funding across 20 of 23 applications
for reimbursement. Of the three (3) projects that the County had not yet received funding for, the California
Office of Emergency Services (CalOES) and FEMA had already approved the County’s full funding request
and the payments were being processed.
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Below is a complete reconciliation of projects as provided to the Board at the April 28, 2025 presentation:
Based on this status report, the County Administrator recommended to the Board that up to $20,971,026 be
reclassified from Assigned fund balance to Unassigned fund balance at the conclusion of FY24-25.
This figure was derived from a calculation taking into account three specific factors:
1.The amount outstanding related to COVID-19 FEMA Public Assistance claim payments not yet
received totaling $8,177,747;
2.Retention of 10% of the County’s total obligated COVID-19 FEMA claims in case of future audit
totaling $8,218,169; and
3.$277,453 related to the County’s share of Fair Market Value (FMV) costs related to capital assets
procured as part of the County’s COVID-19 response efforts.
The table below provides a reconciliation between the original COVID-19 FEMA Reserve amount and the
proposed amount for FY25-26:
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Ultimately, the Board directed the County Administrator to continue to return annually to provide similar
updates on the status of the COVID-19 FEMA Reserve and to decrease amount held in the COVID-19 FEMA
Reserve fund balance by $20,971,026, from $37,644,395 to $16,673,369 for FY25-26 - consistent with the
County Administrator’s recommendation.
Allocation of Released COVID-19 FEMA Reserve - $20,971,026
The reduction of the COVID-19 FEMA Reserve in the amount of $20,971,026 effectively reclassified that
funding amount from Assigned General Fund Balance to Unassigned General Fund Balance.
Following that reclassification, and as part of the FY25-26 budget hearings, the Board allocated $6,241,158 of
the released funding to support certain programs and designated the remaining $14,729,868 to be appropriated
within the General Fund “Appropriation for Contingencies”. Appropriations for Contingencies is a unique cost
center within the General Fund containing appropriated funds - typically for use in exigent circumstances - and
specifically requires a four-fifths (4/5s) vote of the Board for any transfers from that cost center.
Below is a reconciliation of allocations of the released $20,971,026 COVID-19 FEMA Reserve:
SAFE Center 3,500,000$
Stand Together CoCo 2,341,158$
Refugee Resettlement 400,000$
Appropriation for Contingencies 14,729,868$
Total 20,971,026$
COVID-19 FEMA General Fund Reserve
FY25-26 Allocation of Released Funding
Update on Status of COVID-19 FEMA Public Assistance Claims - as of October 10, 2025
Since the adoption of the FY25-26 budget, the County has received the remaining three (3) COVID-19 FEMA
Public Assistance program claims anticipated during the April 2025 budget hearings along with an additional
allocation related to a testing claim cumulatively totaling $8,181,373. As of this writing, the County has
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received $82,185,315, or 99.7% of anticipated funding across all 23 reimbursement requests submitted.
The County continues to work with FEMA and CalOES on formal closeout of three (3) projects and anticipate a
final payment to the County of approximately $112,421 at conclusion.
Below is a complete reconciliation of COVID-19 FEMA projects as of October 10, 2025:
Establishment of Community Impact Fund Program
Following the FY25-26 budget hearings, the Board established and developed the Community Impact Fund
program using the former FEMA Reserve funds over the course of several Board meetings between June and
August 2025. Below is a summary of actions from each meeting:
Board Direction on June 24, 2025
On June 24, 2025, the Board provided direction on next steps to staff, including:
1.Indicated a desire to allocate $1 million per District from the General Fund Appropriation for
Contingencies for direction by each District Supervisor, requested each Supervisor to conduct a
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community engagement process within their respective Districts and the County Administrator to
provide a webpage to gain public input on allocations specifically for rapid rehousing, food insecurity
and rental assistance;
2.The County Administrator’s Office was directed to return to the Board on July 8, 2025 with information
to assist the Board in making funding allocations to each District office for cost of conducting
community outreach, including town hall meetings in each Supervisorial District, regarding the
allocation of funds identified in No. 1 above; and
3.The Board and the County Administrator would return to the August 5, 2025 Board meeting to report on
the outcomes of the community engagement processes outlined above and determine whether to make
further allocations from the General Fund Appropriation for Contingencies in addition to the $5 million
previously identified for District allocations.
Board Direction on July 8, 2025
On July 8, 2025, the Board provided direction on next steps to staff, including:
1.Setting October 21, 2025 as the return date for the discussion on the allocation of each $1 million
Supervisorial District allocation to allow each District office sufficient time to establish their respective
community engagement processes and to allow time for better understanding of the local impacts to the
County from federal legislation and state budget adoption;
2.Directed staff to work with each District office on a proposed set of common questions for use in
facilitating a community survey. The community survey could be used by each Supervisorial District
office while conducting their respective community engagement processes as well as being posted on
the County website for interested parties to complete; and
3.Return to the Board on August 12, 2025 for final review and approval of the community survey and
distribution approach.
Board Direction on August 12, 2025
On August 12, 2025, the Board provided direction on next steps to staff, including:
1.Formally titling the grant program the “Community Impact Fund”; and
2.Provided final feedback on and authorized release of the Community Impact Fund Community Survey.
Board Direction on October 21, 2025
On October 21, 2025, the Board authorized initial allocations from the District IV Community Impact Fund
program totaling $474,625.
Release of Community Impact Fund Survey and Allocation Logistics
Following direction from the Board on August 12, 2025, the County Administrator’s Office finalized and
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released the Community Impact Fund Survey on August 25, 2025 in both English and Spanish. The survey ran
through September 30, 2025 and received 2,758 community responses.
Consistent with the discussion at the August 12, 2025 Board meeting, staff developed a public dashboard to
communicate the results of the survey, including the ability to disaggregate survey responses through several
demographic filters.
The Community Impact Fund Survey Dashboard has been published and can be accessed here:
<https://www.contracosta.ca.gov/Community-Impact-Fund>.
In addition, the County Administrator’s Office has provided Supervisorial District staff with logistical support
in preparation for presenting allocations for final approval to the full Board. This includes developing a
common reporting spreadsheet to summarize allocation proposals by District and developing a process to assist
in the timely development of related contracts following approval by the Board.
Conclusion
Today’s action requests that the Board allocate an additional $511,600 of Community Impact Funds from the
Supervisorial District IV allocation following a comprehensive community engagement and funding solicitation
process led by Supervisor Carlson.
As a reminder, in recognition that several community engagement and allocation solicitation processes remain
in progress, as well as staff analysis related to the impacts of recent federal legislation and the State budget
adoption, the larger discussion of Community Impact Funds was previously rescheduled to the November 18,
2025 discussion calendar.
CONSEQUENCE OF NEGATIVE ACTION:
The Community Impact Fund allocations sponsored by Supervisorial District IV will not be formally approved
by the Board.
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Contra Costa County
Community Impact Fund Grant Program, Supervisorial District Recommendations ATTACHMENT A
Department Contractor Term Start Term End Contract Amount Program Description Contract Deliverables Performance Measures
District 4 Mental Health Connection 1/1/2026 12/31/2026 100,000$
Deliver innovative, evidence-based programs.Improve the mental health and well-being of individuals. Reduce barriers to employment for
those living with serious mental health issues. Help members develop the skills and confidence to enter or re-enter the workforce and/or
return to post-secondary education
Funds will enable Mental Health Connection to strengthen existing programs and implement new programs, such as: 1. Horticulture Program 2.
Multimedia Program 3. Cooking Classes and 4. Clerical/Date Entry & Reception Work Program.
Submit data points to the Data Sharing Network national database, which allows them to measure and track the efficacy of the evidence-based Clubhouse model,
and compare the measurements to similar programs from around the country
District 4 Contra Costa Humane Society 1/1/2026 12/31/2026 60,000$
To improve the quality of life for dogs and cats in the community, find homes for animals in need and provide support for people who need
assistance with care for their animals.
The funds will be used to fund two of Contra Costa Historical Society's most vital community outreach progams: AniMeals and SNAP. AniMeals helps pets
stay with their families and out of shelters. SNAP is the Spay and Neuter Assistance Program which provides spay and neuture services to companion
animals of CCC residents.
Monthly reports will be used to measure success. AniMeals reports/track food donations, distribution partners, number of clients per distribution, number of pets
by species and the pounds of food distributed at each location. SNAP reports include the number of pets altered in each SNAP clinic, the size, gender and species of
each animal and the number of clients served as well as those on the wait list.
District 4 18 Reasons 1/1/2026 12/31/2026 100,000$
To empower the community to buy, cook and eat good food everyday with free healthy groceries and hands-on nutrition education. 18 Reasons will use the Community Impact Fund to deliver 10 six-week Cooking Matters courses in Contra Costa County District IV. Cooking Matters is a
hands-on nutrition education program that empowers low-income families to shop for and prepare healthy, affordable meals. This investment is
especially critical in District IV.
18 Reasons will evaluate program success using both quantitative and qualitative methods, including tracking attendance, retention, and course completion rates.
Pre- and post-program surveys and feedback will measure changes in participants’ nutrition knowledge, cooking confidence, food security, and healthy habits. This
multi-layered approach ensures measurable outcomes and a deeper understanding of the program’s long-term impact on District IV families.
District 4 Care Parent Network 1/1/2026 12/31/2026 20,000$
Care Parent Network (CPN) s a one-stop family resource center serving families of children with disabilities and special health care needs.
CPN provides emotional support, information, training, resources, and help navigating service systems.
Care Parent Network will launch Empowered Families, Stable Futures, a 12-month initiative that integrates individualized education plan (IEP) advocacy
training, Medi-Cal and Regional Center navigation, and parent peer support. The project will include bilingual IEP workshops, workshops on Medi-Cal
redeterminations and Regional Center services, and monthly peer support groups facilitated by trained parent mentors.
Care Parent Network will track outcomes through pre- and post-surveys, case management notes, and partner referrals. Metrics will include knowledge gained,
confidence in advocacy, successful Medi-Cal reinstatements, and individual education plan (IEP) meeting attendance. Family stories will be used to capture
qualitive impact.
District 4 Winter Nights Family Shelter, Inc 1/1/2026 12/31/2026 60,000$
Winter Nights Family Shelter exists to protect homeless families by providing shelter in a clean, safe and warm environment and help
families to break the homelessness cycle by assisting them towards self-sufficieny and into stable housing
Winter Nights Family Shelter, Inc. will use funds for one-time investments that strengthen its capacity to serve families experiencing homelessness in
Contra Costa County. Funds will support staff training, governance development, emergency preparedness, and essential office upgrades to enhance
safety, efficiency, and professionalism. These improvements will ensure the organization remains strong, sustainable, and equipped to meet the evolving
needs of District IV families.
Success for this project will be measured by the completion and implementation of planned capacity-building activities. Winter Nights Family Shelter, Inc. will track
purchases, staff and board training participation, and use post-training evaluations to assess improvements in knowledge, confidence, and preparedness.
Enhanced staff skills, safer sites, and stronger infrastructure will enable more effective and sustainable support for families, with anecdotal feedback highlighting
real-world impacts.
District 4 St. Agnes St. Vincent de Paul 1/1/2026 12/31/2026 20,000$
Network of friends, insprired by Gospel values, growing in holiness and building a more just world through personal realtionships and
service to people in need.
St. Vincent de Paul will use the funds to provide emergency rental and utility assistance to families facing eviction or shut-off of electric, water or gas
services. The main focus will be individuals within the Sober Living Environment population.
SVdP will use the SVdP Seattle Database to track all assistance that they are currently providing. The database will allow SVdP to easily identify the specific number
of people served and amount of funds distributed. A survey to the recipients will also be taken.
District 4 Empower Aging 1/1/2026 12/31/2026 20,000$
Empowered Aging empowers individuals and their families as they navigate the aging continuum, through person-centered advocacy,
education and collaborative leadership.
The funds will be used to expand the Ombudsman program and increase capacity for proactive facility visits across District IV. Using the statewide ODIN database, staff and volunteers record visits, complaints, and resolutions to evaluate responsiveness and outcomes. Feedback from
residents, families, and facility staff further informs program effectiveness and guides ongoing improvements.
District 4 Hope Solution 1/1/2026 12/31/2026 15,000$
Hope Solutions heals the effects of poverty and homelessness by providing permanent housing solutions and vital support services to
vulnerable families and individuals, working to heal the multi-generational impact of poverty, racism, trauma, substance use, mental
health issues, and inadequate access to healthcare.
Hope Solutions will use the funds to support our Youth Enrichment Program (YEP) for children who have experienced homelessness and who are now
residing at Garden Park Apartments. The YEP supports services year-round for youth (up to age 18) and families on site. Volunteers provide academic
support; other services include social emotional learning, access to nutritional food, school supplies, enrichment activities, parenting groups, academic
advocacy, and summer camps. The enrichment services help youth begin to heal from the traumatic effects of homelessness and begin a path toward
success.
Hope Solutions will measure program success by tracking the number of clients served in Youth Enrichment Programming and the percentage showing academic
improvement. Data is collected through surveys and staff meetings, entered into county and proprietary systems, and reviewed regularly for accuracy and
accountability. With strong data management practices and dedicated oversight, Hope Solutions ensures consistent, high-quality reporting and measurable impact
across its programs.
District 4 Cancer Support Community SF Bay Area 1/1/2026 12/31/2026 50,000$
Cancer Support Community uplifts and strengthens people impacted by cancer by providing support, fostering compassionate
communities, and breaking down barriers to care.
Cancer Support Community will use the funds to expand access to no-cost cancer support services for District IV residents. Funding will cover emergency
financial assistance, programmatic support, outreach, communal meal programs, and administrative costs. This investment will help ensure that
individuals, especially those from marginalized communities, receive essential care, connection, and resources during and after cancer treatment.
Cancer Support Community tracks service usage and participant demographics to evaluate program reach and impact. Annual surveys measure improvements in
stress management, treatment understanding, connection, communication, and quality of life, with a goal of at least 75% of participants reporting positive
outcomes.
District 4 Community Violence Solutions 1/1/2026 12/31/2026 20,000$
In partnership with the community, Community Violence Solutions is dedicated to ending sexual assault and family violence through
prevention, crisis services, and treatment.
Community Violence Solutions intends to use the funds to support the Children’s Interview Center (CIC), a National Children's Alliance-accredited agency
and the only Child Advocacy Center in Contra Costa County. The CIC is a safe, agency-neutral, and child-focused setting aimed at reducing trauma for
children who are alleged victims of sexual assault and child abuse. The CIC also leads a Multi-Disciplinary Team whose primary goal is to ensure the most
effective, coordinated response possible for every child and family.
For reporting and administrative purposes, Community Violence Solutions (CVS) currently uses a secure SQL Server database, with a Microsoft Access front end, to
collect all relevant data related to services provided by the Children's Interview Center. CVS staff record demographic details for each case. .
District 4 Monument First 5 Center 1/1/2026 12/31/2026 36,600$
Bay Area Community Resources (BACR) operates the Monument First 5 Center to strengthen families and support early childhood
development. The Center provides free services; including parenting classes, playgroups, developmental screenings, and resource
assistance to help children enter school healthy and ready to learn. With a focus on equity, the Center fosters community connections,
enhances parenting skills, and ensures families have access to the resources they need to thrive.
The First 5 Center will host 12 monthly family-friendly events celebrating cultural identity, fostering belonging, and reducing financial stress for
marginalized families. Events will include cross-cultural dialogue, antiracist learning activities, unity workshops, and parent advocacy training to build
empathy, equity, and community engagement skills. Funds will support presenters, facilitators, basic needs resources, and supplies for inclusive, family-
centered programming.
The First 5 Center will track: attendance at each monthly event, number and type of resources distributed, demographics of families served, family satisfaction and
impact surveys (collected mid-year, and the end of the year). Number of families connected to benefits or community services (staff reports). We will measure
progress toward goals by comparing outputs.
District 4 Contra Costa Historical Society 1/1/2026 12/31/2026 10,000$
Contra Costa Historical Society is dedicated to preserve, protect, and provide public access to the records and heritage of Contra Costa
County.
The Contra Costa County Rancho Project is a digital initiative preserving and sharing the history of 16 Mexican Ranchos and their families, highlighting their
lasting cultural impact. The digital exhibit removes financial and physical barriers, allowing students countywide to access interactive, educational
programming without visiting the small CCCHS History Center. With research complete, the project seeks $50,000 in total from all 5 districst, to design
and implement the website after federal grant funding was eliminated.
Website tracking will help Contra Costa Historical Society monitor access and success. K-12 programming built in the exhibit will encourage feedback from
professors and students which will be a direct measurement of the program’s impact.
511,600$
To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: ALLOCATION RECOMMENDATIONS FROM COMMUNITY IMPACT
FUND – SUPERVISORIAL DISTRICT IV
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. APPROVE allocations of Supervisorial District IV Community Impact Funds in an
aggregate amount of $511,600;
2. APPROVE and AUTHORIZE the District IV Supervisor, or designee, to enter into
contracts related to the allocation of Community Impact Funds in an aggregate amount of
$511,600 as outlined in Attachment A.
FISCAL IMPACT:
On June 24, 2025, the Board indicated a desire to allocate $1 million per District from COVID-
19 FEMA Reserve funds (now General Fund Appropriation for Contingencies) for direction by
each District Supervisor following a community engagement process within each Supervisorial
District.
Subsequently, on July 8, 2025, the Board allocated $15,000 per District to fund the costs of
community engagement processes to help inform allocation of $1 million District grant
programs. The $15,000 per District amounts are separate and in addition to the $1 million per
District allocations.
Today’s action requests that the Board authorize Community Impact Fund allocations in an
aggregate amount of $511,600, as described in Attachment A, following community engagement
and allocation solicitation processes facilitated by Supervisorial District IV.
BACKGROUND:
Establishment of the COVID-19 FEMA Reserve
On April 22, 2024, the Board of Supervisors directed the County Administrator to claim
$37,544,395 in remaining American Rescue Plan Act (ARPA), Coronavirus State and Local
Fiscal Recovery Funds (CSLFRF) to offset a portion of the General Fund subsidy to the Hospital
Enterprise Fund in FY23-24. In addition, the Board directed the County Administrator to take the
following actions:
1. Include a General Fund Assigned 1 Reserve designation in a like amount at the conclusion
of FY23-24 in recognition of FEMA claims that have not yet been obligated or received
and to return to the Board at least annually with an update as to the status of COVID-19
era FEMA Public Assistance program claims; and
2. At that time the Board would make determinations as to whether the General Fund
Assigned Reserve designation amount should be reduced based on additional revenue
received from FEMA.
On April 30, 2024, the County Administrator’s Office processed the final CSLFRF claim in the
amount of $37,544,395 as directed by the Board and subsequently reported the transaction in the
next quarterly report to the United States Treasury Department effectively concluding the
County’s ARPA CSLFRF program.
On June 4, 2024, the Board authorized a second transaction to draw the full balance of the ARPA
Local Assistance and Tribal Consistency Fund (LATCF) in the amount of $100,000 and
similarly allocate a like amount to General Fund Assigned Reserve status.
On September 24, 2024, the Board of Supervisors approved the FY24-25 Adopted Budget as
Finally Determined, which includes mandatory schedules outlined in the County Budget Act 2.
Schedule A, titled “Detail of Provisions for Obligated Fund Balances for Fiscal Year 2024-2025
Final Budgets” includes a provision for the combined $37,644,395 General Fund Assigned Fund
Balance (henceforth referred to as the “COVID-19 FEMA Reserve”), in compliance with the
direction from the Board on April 22, 2024 and June 4, 2024 as outlined above.
Year 1 COVID-19 FEMA Reserve Report
In compliance with the Board’s direction from April 22, 2024, the County Administrator
returned to the Board of Supervisors on April 28, 2025 to provide a Year 1 report on the status of
COVID-19 era FEMA Public Assistance program claims. The report was integrated into the
FY25-26 budget hearing process.
Specifically, the County Administrator’ s report indicated that, as of April 21, 2025, the County
had received $74,003,942, or 89.7% of anticipated COVID-19 FEMA Public Assistance funding
across 20 of 23 applications for reimbursement. Of the three (3) projects that the County had not
yet received funding for, the California Office of Emergency Services (CalOES) and FEMA had
already approved the County’s full funding request and the payments were being processed.
Below is a complete reconciliation of projects as provided to the Board at the April 28, 2025
presentation:
1 GASB Statement No. 54 defines five categories of fund balance, each with different levels of constraint:
nonspendable, restricted, committed, assigned, and unassigned. Among these, the "assigned" fund balance allows
for the most discretion by the governing board. It is used to designate funds for specific purposes that do not meet
the stricter criteria of the other categories.
2 Government Code §§ 29000–29144
Based on this status report, the County Administrator recommended to the Board that up to
$20,971,026 be reclassified from Assigned fund balance to Unassigned fund balance at the
conclusion of FY24-25.
This figure was derived from a calculation taking into account three specific factors:
1. The amount outstanding related to COVID-19 FEMA Public Assistance claim payments
not yet received totaling $8,177,747;
2. Retention of 10% of the County’s total obligated COVID-19 FEMA claims in case of
future audit totaling $8,218,169; and
3. $277,453 related to the County’s share of Fair Market Value (FMV) costs related to
capital assets procured as part of the County’s COVID-19 response efforts.3
The table below provides a reconciliation between the original COVID-19 FEMA Reserve
amount and the proposed amount for FY25-26:
3 FEMA may reimburse a portion of the fair market value of capital assets (defined as equipment with a useful life
over 1-year and with a per unit cost of over $5,000) purchased for disaster response operations, but only the
depreciated cost allocable to the disaster period is eligible. The balance of costs remain the responsibility of the
responding entity, in this case, the County.
Ultimately, the Board directed the County Administrator to continue to return annually to
provide similar updates on the status of the COVID-19 FEMA Reserve and to decrease amount
held in the COVID-19 FEMA Reserve fund balance by $20,971,026, from $37,644,395 to
$16,673,369 for FY25-26 – consistent with the County Administrator’s recommendation.
Allocation of Released COVID-19 FEMA Reserve - $20,971,026
The reduction of the COVID-19 FEMA Reserve in the amount of $20,971,026 effectively
reclassified that funding amount from Assigned General Fund Balance to Unassigned General
Fund Balance.
Following that reclassification, and as part of the FY25-26 budget hearings, the Board allocated
$6,241,158 of the released funding to support certain programs and designated the remaining
$14,729,868 to be appropriated within the General Fund “Appropriation for Contingencies”4.
Appropriations for Contingencies is a unique cost center within the General Fund containing
appropriated funds – typically for use in exigent circumstances – and specifically requires a four-
fifths (4/5s) vote of the Board for any transfers from that cost center 5.
4 Government Code § 29084 authorizes the establishment of an appropriation or appropriations for contingencies in
such amounts as the board deems sufficient.
5 Government Code § 29125(a)(2)
Below is a reconciliation of allocations of the released $20,971,026 COVID-19 FEMA Reserve:
Update on Status of COVID-19 FEMA Public Assistance Claims – as of October 10, 2025
Since the adoption of the FY25-26 budget, the County has received the remaining three (3)
COVID-19 FEMA Public Assistance program claims anticipated during the April 2025 budget
hearings along with an additional allocation related to a testing claim cumulatively totaling
$8,181,373. As of this writing, the County has received $82,185,315, or 99.7% of anticipated
funding across all 23 reimbursement requests submitted.
The County continues to work with FEMA and CalOES on formal closeout of three (3) projects
and anticipate a final payment to the County of approximately $112,421 at conclusion.
SAFE Center 3,500,000$
Stand Together CoCo 2,341,158$
Refugee Resettlement 400,000$
Appropriation for Contingencies 14,729,868$
Total 20,971,026$
COVID-19 FEMA General Fund Reserve
FY25-26 Allocation of Released Funding
Below is a complete reconciliation of COVID-19 FEMA projects as of October 10, 2025:
Establishment of Community Impact Fund Program
Following the FY25-26 budget hearings, the Board established and developed the Community
Impact Fund program using the former FEMA Reserve funds over the course of several Board
meetings between June and August 2025. Below is a summary of actions from each meeting:
Board Direction on June 24, 2025
On June 24, 2025, the Board provided direction on next steps to staff, including:
1. Indicated a desire to allocate $1 million per District from the General Fund Appropriation
for Contingencies for direction by each District Supervisor, requested each Supervisor to
conduct a community engagement process within their respective Districts and the
County Administrator to provide a webpage to gain public input on allocations
specifically for rapid rehousing, food insecurity and rental assistance;
2. The County Administrator’s Office was directed to return to the Board on July 8, 2025
with information to assist the Board in making funding allocations to each District office
for cost of conducting community outreach, including town hall meetings in each
Supervisorial District, regarding the allocation of funds identified in No. 1 above; and
3. The Board and the County Administrator would return to the August 5, 2025 Board
meeting to report on the outcomes of the community engagement processes outlined
above and determine whether to make further allocations from the General Fund
Appropriation for Contingencies in addition to the $5 million previously identified for
District allocations.
Board Direction on July 8, 2025
On July 8, 2025, the Board provided direction on next steps to staff, including:
1. Setting October 21, 2025 as the return date for the discussion on the allocation of each $1
million Supervisorial District allocation to allow each District office sufficient time to
establish their respective community engagement processes and to allow time for better
understanding of the local impacts to the County from federal legislation and state budget
adoption;
2. Directed staff to work with each District office on a proposed set of common questions
for use in facilitating a community survey. The community survey could be used by each
Supervisorial District office while conducting their respective community engagement
processes as well as being posted on the County website for interested parties to
complete; and
3. Return to the Board on August 12, 2025 for final review and approval of the community
survey and distribution approach.
Board Direction on August 12, 2025
On August 12, 2025, the Board provided direction on next steps to staff, including:
1. Formally titling the grant program the “Community Impact Fund”; and
2. Provided final feedback on and authorized release of the Community Impact Fund
Community Survey.
Board Direction on October 21, 2025
On October 21, 2025, the Board authorized initial allocations from the District IV Community
Impact Fund program totaling $474,625.
Release of Community Impact Fund Survey and Allocation Logistics
Following direction from the Board on August 12, 2025, the County Administrator’s Office
finalized and released the Community Impact Fund Survey on August 25, 2025 in both English
and Spanish. The survey ran through September 30, 2025 and received 2,758 community
responses.
Consistent with the discussion at the August 12, 2025 Board meeting, staff developed a public
dashboard to communicate the results of the survey, including the ability to disaggregate survey
responses through several demographic filters.
The Community Impact Fund Survey Dashboard has been published and can be accessed here:
https://www.contracosta.ca.gov/Community-Impact-Fund.
In addition, the County Administrator’s Office has provided Supervisorial District staff with
logistical support in preparation for presenting allocations for final approval to the full Board.
This includes developing a common reporting spreadsheet to summarize allocation proposals by
District and developing a process to assist in the timely development of related contracts
following approval by the Board.
Conclusion
Today’s action requests that the Board allocate an additional $511,600 of Community Impact
Funds from the Supervisorial District IV allocation following a comprehensive community
engagement and funding solicitation process led by Supervisor Carlson.
As a reminder, in recognition that several community engagement and allocation solicitation
processes remain in progress, as well as staff analysis related to the impacts of recent federal
legislation and the State budget adoption, the larger discussion of Community Impact Funds was
previously rescheduled to the November 18, 2025 discussion calendar.
CONSEQUENCE OF NEGATIVE ACTION:
The Community Impact Fund allocations sponsored by Supervisorial District IV will not be
formally approved by the Board.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
384
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:Acting as the governing Board of the Crockett-Carquinez Fire Protection District, RATIFY the Fire
Chief's application of grant funding from the California Department of Forestry and Fire Protection
(CAL Fire), Volunteer Fire Capacity Grant, to receive funding in an amount up to $18,578, and ADOPT
Resolution 2025-384 to APPROVE and AUTHORIZE the Fire Chief, or designee to execute a contract
with CAL Fire, to purchase personal protective equipment for the District. (50% CCFPD match)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Agreement with the California Department of Forestry and Fire Protection
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing Board of the Crockett-Carquinez Fire Protection District, RATIFY the Fire Chief's
application of grant funding from the California Department of Forestry and Fire Protection (CAL Fire) for the
Volunteer Fire Capacity Grant, to received funding in an amount up to $18,578 and ADOPT a Resolution to
APPROVE and AUTHORIZE the Fire Chief, or designee to execute the related agreement with CAL Fire, to
purchase personal protective equipment for the Fire District.
FISCAL IMPACT:
Approval of this request will ratify the Fire Chief’s grant application, and with the recent letter of award,
receive grant funding of up to $18,578. The funding will allow the District to purchase personal protective
equipment for a total approved project of $37,156. The award of funding requires the District to provide a
match of 50% of the total grant amount awarded, which is budgeted in the District’s FY 2025-26 budget.
BACKGROUND:
Crockett-Carquinez Fire Department is a volunteer/paid on-call fire department serving the communities of
Crockett, Port Costa, Valona, and Tormey. The Crockett-Carquinez Fire Protection District relies on external
funding and has the opportunity to receive grant funding from CAL Fire.
The Volunteer Fire Capacity (VFC) Program is a federally funded grant program that allows California to
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provide local and rural fire departments with minor firefighting, training, communications and safety
equipment for their volunteer firefighters. The VFC Program is not intended for major equipment purchases
(fire engines, vehicles, etc.) or capital repairs. This funding would allow Crockett-Carquinez Fire Protection
District to purchase personal protective equipment (PPE), which is essential for the fire personnel to meet state
requirements.
The VFC Program has a 50/50 match provision, which requires the awarded entity to be able to meet the
intended grant award, dollar for dollar. Due to the quick turnaround time of the grant notification to the
submission deadline, the District applied for this funding opportunity. The District received award notification
and approval of this request will authorize the Fire Chief to execute the necessary grant agreement for the
purchase of approximately $37,156 worth of PPE gear and water bottles.
CONSEQUENCE OF NEGATIVE ACTION:
The District will not be able to receive grant funding and use it towards purchasing much needed equipment for
Fire staff.
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File #:RES 2025-384,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF,Approving the Department of Forestry and Fire Protection Agreement #7FG25033
for services from the date of last signatory on page 1 of the Agreement to August 31, 2026, under the Volunteer
Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978.
WHEREAS, The Cal Fire Volunteer Capacity Grant will provide Crockett-Carquinez Fire Protection District
with necessary funding to secure additional personnel safety equipment.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Crockett-Carquinez Fire Protection
District, that said Board does hereby approve the Agreement execution with the California Department of
Forestry and Fire Protection dated as of the last signatory date on page 1 of the Agreement, and any
amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the
Volunteer Fire Capacity Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal Year
2025-26 up to and no more than the amount of $18,577.98.
BE IT FURTHER RESOLVED that said Board is authorizing Fire Chief, Dean Colombo, who is hereby
authorized to sign and execute said Agreement and any amendments on behalf of the Crockett-Carquinez Fire
Protection District.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4548 Name:
Status:Type:Consent Item Passed
File created:In control:9/26/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the District
Attorney, a purchase order and related license agreement with JDI Ventures, LLC in an amount not to
exceed $2,840 for the Criminal Justice Information System online training platform, for the period
November 1, 2025 through October 31, 2026. (100% General Fund)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Diana Becton, District Attorney
Report Title:Purchase Order and Related Software License Agreement with JDI Ventures, LLC.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the District Attorney, a
purchase order and related license agreement with JDI Ventures, LLC in an amount not to exceed $2,840 for the
Criminal Justice Information System (CJIS) online training platform, for the period November 1, 2025 through
October 31, 2026.
FISCAL IMPACT:
Approval of this action will result in expenditures up to $2,840 which have been included in the Department’s
FY25-26 Budget.
BACKGROUND:
The District Attorney’s Office utilizes the CJIS online training platform provided by JDI Ventures, LLC, to
deliver cyber security and CJIS training for all staff members across all departmental office locations. This
platform supports efforts to prevent cybersecurity threats and ensures proper handling of CJIS-related
information.
Approval of the purchase order and the related Software License Agreement will allow the District Attorney’s
Office to continue using this training tool. The Software License Agreement includes a limitation of liability
and indemnification under which the County agrees to hold JDI Ventures, LLC harmless from any claims
arising out of the performance under this agreement.
CONSEQUENCE OF NEGATIVE ACTION:
Without executing the purchase order and the related Software License Agreement with JDI Ventures, LLC, the
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District Attorney’s Office will be unable to continue using the CJIS online training platform to support staff
training in cybersecurity awareness and handling of criminal justice information.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
371
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/6/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-371 to approve and authorize the Employment and Human Services
Department Director, or designee, to apply for, accept and execute the Continued Funding Application
including any amendments or extensions thereof pursuant to State guidelines, with the California
Department of Education, in the amount of $22,768,087 to provide state preschool services to eligible
children and families, allowing the total funding amount to increase up to $23,906,492 for the period
July 1, 2026 through June 30, 2027. (100% State)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Revenue Agreement # 39-998-2 (CSB) Apply and accept funding from the California
Department of Education for the California State Preschool Program
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution No. 2025-XX to approve and authorize the Employment and Human Services Department
Director, or designee, to apply for, accept and execute the Continued Funding Application including any
amendments or extensions thereof pursuant to State guidelines, with the California Department of Education, in
the amount of $22,768,087 to provide state preschool services to eligible children and families, allowing the
total funding amount to increase up to $23,906,492 for the period July 1, 2026 through June 30, 2027.
FISCAL IMPACT:
Funded by 100% State, all of which will be budgeted in FY 2026-27. There is no County match required.
BACKGROUND:
California State Preschool Program (CSPP) and the California Prekindergarten and Family Literacy Support
(CPKS), funded by the California Department of Education (CDE), are state programs that promote the school
readiness of children ages three (3) through five (5) years old from low-income families. CPKS funds are an
expenditure-only agreement that supplements CSPP total funds, of which $22,740,587 of the funding is for
CSPP and $27,500 is for the Prekindergarten and Family Literacy Program (CPKS).
On August 22, 2025, CDE issued Management Bulleting 25-08 notifying CSPP Executive Officers and
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Program Directors of the Continued Funding Application for the Fiscal Year 2026-2027. Per California Code of
Regulations, Title 5 (5CCR), Contra Costa County Employment and Human Services is submitting a CFA
request from the Child Development Division. By authorizing the signature of Employment and Humans
Services Director, the application will meet all requirements for submission of FY 2026-2027 CFA to CDE.
On December 17, 2024, the Board approved the Continued Funding Application (CFA) for Fiscal Year 2025-
2026 (File #24-4464).
Approval of this Resolution will allow the continued provision of the CSPP and CPKS services to program
eligible children and families, and to authorize approval of any amendments during the 2026-2027 term.
CONSEQUENCE OF NEGATIVE ACTION:
Should the proposed action not be approved by the Board of Supervisors, the County will not be able to receive
funding to operate California State Preschool Programs for eligible children and families in Contra Costa
County.
CHILDREN’S IMPACT STATEMENT:
This Resolution supports three of the community outcomes established in the Children’s Report Card: 1)
“Children Ready for and Succeeding in School” 3) “Families that are Economically Self-sufficient”: and 4)
Families that are Safe, Stable, and nurturing” by offering comprehensive services, including high quality early
childhood education, nutrition, and health services to low-income children throughout Contra Costa County.
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File #:RES 2025-371,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF Continued Funding Application Fiscal Year 2026-2027 for California State Preschool
Program (CSPP) and the California Prekindergarten and Family Literacy Support (CPKS) Program
WHEREAS, all contracting agencies with a governing board are required to obtain formal board approval of
the Continued Funding Application (CFA) for the California State Preschool Program (CSPP) and the
California Prekindergarten and Family Literacy Support (CPKS) Program for Fiscal Year 2026-2027, and
WHEREAS, by authorizing the Employment and Human Services Director to sign the CFA, the application
will meet all requirements for submission to execute Fiscal Year 2026-2027 CFA to California Department of
Education (CDE), and
WHEREAS, approval of this item will allow the continued provision of the CSPP and CPKS services to
program eligible children and families, and
WHEREAS, CSPP provides child development services for children three (3) through five (5) years of age,
and
WHEREAS, this program provides a learning environment that supports children’s growth in language and
literacy; cognition and general knowledge; physical development and health; social and emotional
development, and
WHEREAS, CPKS prompts and supports interactive literacy activities for children and families enrolled in
CSPP, and
WHEREAS, the programs also provide meals and snacks to children, parent education, referrals to health and
social services for families, and staff development opportunities to employees.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors ADOPT a resolution to approve and
authorize the Employment and Human Services Director, or designee, to apply for the Continued Funding
Application from the California Department of Education, and to accept a total payment limit up to
$22,768,087 for the California State Preschool Program (CSPP) and the California Prekindergarten and Family
Literacy Support (CPKS) Program and authorize the approval of any amendments, allowing the total funding
amount to increase up to 23,906,492 for the period July 1, 2026 through June 30, 2027.
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Legislation Details (With Text)
File #: Version:125-4550 Name:
Status:Type:Consent Item Passed
File created:In control:9/30/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute
a contract with Making Waves Foundation, Inc., in an amount not to exceed $414,866 to provide youth
employment and job readiness services under the Youth Centers Initiative for the period September 1,
2025 through August 31, 2027. (100% Measure X)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Contract #18-509-0 (WDB)Making Waves Foundation, Inc. Contract for Measure X: Youth
Centers Initiative
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a
contract with Making Waves Foundation, Inc., in an amount not to exceed $414,866 to provide youth
employment and job readiness services under the Youth Centers Initiative for the period September 1, 2025
through August 31, 2027.
FISCAL IMPACT:
100% County funded by Measure X of which 42% is budgeted in FY 2025-26, 50% will be budgeted in FY
2026-27, and 8% will be budgeted in FY 2027-28.
BACKGROUND:
On November 16, 2021 the Board of Supervisors passed item D.5 which allocated $10 million one-time for
start-up costs and $ 3,500,000 annually for ongoing costs to Employment and Human Services for Youth
Centers; allocations through FY 25/26 total $30,421,101.00, of which $25,634,347 is earmarked for one-time
costs.
To address this population, Making Waves Foundation, Inc., will deliver Youth Employment and Job Readiness
Services via their Career-Connected Learning for Contra Costa Youth program for up to 25 younger teens (ages
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12-15) and 25 older teens (ages 16-18) in District 4. Their programming integrates a project-based learning
framework with work-based learning activities to provide real-world career exposure and skill development.
Youth gain exposure to career pathways, develop key employability skills, and access additional opportunities
for workforce training and support that are age appropriate. Making Waves Education Foundation, Inc. provides
drop-in career guidance as well as unlimited access to an online career development platform with interactive
assessments, virtual job shadowing experiences, and career research tools. This vendor was selected per
procurement requirements outlined in Administrative Bulletin 600.3.
CONSEQUENCE OF NEGATIVE ACTION:
Should the proposed action not be approved by the Board of Supervisors, the County will not be able to fulfill
its obligations under Measure X.
CHILDREN’S IMPACT STATEMENT:
This Contract supports all five of the community outcomes established in the Children's Report Card: (1)
"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive
Adulthood";(3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and
Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families,”
by supporting staff working directly with families and children.
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Legislation Details (With Text)
File #: Version:125-4551 Name:
Status:Type:Consent Item Passed
File created:In control:10/6/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute
a contract with Bay Area Legal Aid in an amount not to exceed $94,700 to implement comprehensive
benefits counseling for the Contra Costa THRIVES Guaranteed Basic Income Program participants
for the period December 1, 2025 through June 30, 2028. (75% Measure X, 25% AB 109)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:WFS - Contract 20-732-0 Bay Area Legal Aid
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a
contract with Bay Area Legal Aid in an amount not to exceed $94,700 to implement comprehensive benefits
counseling for the Contra Costa THRIVES Guaranteed Basic Income Program participants for the period
December 1, 2025 through June 30, 2028.
FISCAL IMPACT:
75% Measure X and 25% AB 109 funds of which $49,500 is budgeted in FY 25/26; $34,950 will be budgeted
in FY 26/27; and $10,250 will be budgeted in FY 27/28 ($10,250)
BACKGROUND:
On October 22, 2024 in the Meeting Minutes, the Board of Supervisors approved D.4. allocating $3.25 million
Measure X funds and $1 million AB 109 funds for a Guaranteed Income (GI) Pilot to be administered by the
Employment and Human Services Department (EHSD).
On July 8, 2025, the Board of Supervisors approved D.1. approving the Contra Costa THRIVES Guaranteed
Income Pilot Program for administration by the Employment and Human Services Department to serve 170
recipients over an eighteen (18)-month period.
This action is to approve a contract with Bay Area Legal Aid for the provision of individualized benefits
counseling to program participants to help them understand how guaranteed income payments may affect their
eligibility for existing public benefits programs. Bay Area Legal Aid will provide benefits transition counseling
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to participants who complete the Contra Costa THRIVES program, offering them appropriate guidance to
prepare for the loss of income upon program completion. This contract includes mutual indemnification to hold
harmless both parties for any claims arising out of the performance under this contract.
CHILDREN'S IMPACT STATEMENT:
This contract supports four of the five Contra Costa County’s community outcomes of the Children’s Report
Card, (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3) "Families that are
Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that
are Safe and Provide a High Quality of Life for Children and Families”.
CONSEQUENCE OF NEGATIVE ACTION:
Should the proposed action not be approved by the Board of Supervisors, EHSD may need to identify and train
internal staff to deliver benefits counseling, which will delay program implementation. Providing benefits
counseling is not optional, as participants must be fully informed about how guaranteed income payments could
affect their eligibility for other assistance. Moving forward without this service could lead to unintended loss of
benefits, creating financial insecurity for participants. Delaying or omitting this support would be inconsistent
with the County’s responsibility to ensure the well-being of those it serves.
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Legislation Details (With Text)
File #: Version:125-4552 Name:
Status:Type:Consent Item Passed
File created:In control:10/6/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay stipends in an amount not to
exceed $150 per Resource Family or birth parent for the successful completion of child welfare
trainings as approved by the Employment and Human Services Department for a total combined
payment amount not to exceed $25,000 for the period July 1, 2025 through June 30, 2027. (75%
Federal, 17.5% State, 7.5% County)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:19-706-6 (CFS) Stipends to Foster and Birth Parents for Trainings, Workshops and Focus
Groups
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay stipends in an amount not to exceed
$150 per Resource Family or birth parent for the successful completion of child welfare trainings as approved
by the Employment and Human Services Department for a total combined payment amount not to exceed
$25,000 for the period July 1, 2025 through June 30, 2027.
FISCAL IMPACT:
75% Federal, 17.5% State and 7.5% County;of which 50% is budgeted in FY 25-26 and 50% will be budgeted
in FY 26-27.
BACKGROUND:
The Employment and Human Services Department (EHSD) supports and convenes trainings, meetings,
workshops, and focus groups to meet mandated and discretionary training requirements for Resource Families
and birth parents. EHSD often includes in their funding application provisions for reasonable stipends to be
paid to program participants, in order to encourage participation. The involvement of program participants is
critical in designing and modifying effective programs.
The Board of Supervisors has approved prior staff reports supporting stipend payments for this program on July
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12, 2011 (C.97), November 5, 2013 (C.79), December 8, 2015 (C.48), May 23, 2017 (C.64), March 12, 2019
(C.57), April 20, 2021 (C.94), and May 16, 2023 (C.41).
CONSEQUENCE OF NEGATIVE ACTION:
Without approval of stipends for the attendance to workshops, training, and focus groups, Resource Families
and birth parents may be precluded from attendance and interaction in the ongoing system of change and
development of services.
CHILDREN'S IMPACT STATEMENT:
These stipends support three of Contra Costa County’s community outcomes of the Children’s Report Card”,
(2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (4) "Families that are Safe, Stable
and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and
Families”.
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Legislation Details (With Text)
File #: Version:125-4553 Name:
Status:Type:Consent Item Passed
File created:In control:10/8/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent or designee to execute on behalf of the
Employment and Human Services Director a purchase order with SolarWinds Worldwide, LLC in an
amount not to exceed $1,761 for the purchase of SolarWinds Observability Subscription, which
provides log management and analysis capability, subject to the terms of Solar Winds’ End User
License Agreement, for the period November 30, 2025, through November 29, 2028. (54% Federal,
38% State, 8% County)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:20-728-0 (Admin-IT) SolarWinds Observability SaaS Logs with SolarWinds Worldwide, LLC
Purchase Order
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee to execute on behalf of the Employment and
Human Services Director a purchase order with SolarWinds Worldwide, LLC, subject to SolarWinds’ End User
License Agreement, in an amount not to exceed $1,761 for the purchase of SolarWinds Observability
Subscription for the period November 30, 2025, through November 29, 2028.
FISCAL IMPACT:
54% Federal, 38% State, 8% County; which is all budgeted in FY25/26
BACKGROUND:
The Employment and Human Services Department (EHSD), IT seeks to purchase SolarWinds Worldwide, LLC
Observability Software as a Service (SaaS) Logs-1 GB/Month, 30-Day Retention based service. A monthly
service that provides log management and analysis capabilities within SolarWinds Observability platform. This
monitoring will enable EHSD IT to proactively identify problems and work on solutions in a timely manner.
This purchase order is subject to an end user license agreement with Supplemental Terms and Conditions that
includes an indemnification provision from the County to SolarWinds for claims based on the County’s use of
the services and a limitation of liability that caps liability at the amount of fees paid in the twelve months prior
to any claim arising. This vendor was selected per procurement requirements outlined in Administrative
Bulletin 600.3.
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CONSEQUENCE OF NEGATIVE ACTION:
The County, EHSD IT, would lose real-time log visibility, increasing the risk of slower problem resolution,
security vulnerabilities, system downtime, and compliance issues.
CHILDREN’S IMPACT STATEMENT:
This purchase order supports all five of the community outcomes established in the Children's Report Card: (1)
"Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive
Adulthood";(3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and
Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families,”
by supporting staff working directly with families and children.
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Legislation Details (With Text)
File #: Version:125-4554 Name:
Status:Type:Consent Item Passed
File created:In control:9/30/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the
Employment and Human Services Director, a purchase order with TransUnion Risk and Alternative
Data Solutions, Inc., subject to TransUnion’s Subscriber Agreement Additional Terms and Conditions,
for the purchase of TransUnion’s TRADS services, in an amount not to exceed $8,820, for the period
October 1, 2025 through September 30, 2028. (54% Federal, 38% State, 8% County)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Contract #20-723-0 (AAS) TransUnion Risk and Alternative Data Solutions, Inc.’s TRADS
Services Purchase Order
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Employment and
Human Services Director, a purchase order with TransUnion Risk and Alternative Data Solutions, Inc., subject
to TransUnion’s Subscriber Agreement Additional Terms and Conditions, for the purchase of TransUnion’s
TRADS services, in an amount not to exceed $8,820, for the period October 1, 2025 through September 30,
2028.
FISCAL IMPACT:
54% Federal, 38% State, 8% County; all of which is budgeted in FY25/26.
BACKGROUND:
The Employment and Human Services Department (EHSD) seeks to purchase TransUnion Risk and Alternative
Data Solutions, Inc.’s TRADS Services, which is an information service used by Aging & Adult Services
Public Administrator’s office. This enables EHSD users to quickly locate individuals, verify information, and
assess risk. TransUnion’s Subscriber Agreement Additional Terms and Conditions includes modified
indemnification and a limitation of liability that caps liability to direct damages not to exceed the fee paid by
the subscriber for the TRADS services obtained which gives rise to any first such claim. This vendor was
selected per procurement requirements outlined in Administrative Bulletin 600.3.
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CONSEQUENCE OF NEGATIVE ACTION:
Aging and Adult Services will be unable to perform their due diligence or access critical records that could
impact clients’ lives.
CHILDREN'S IMPACT STATEMENT:
This Purchase Order supports all five (5) of the community outcomes established in the Children's Report Card:
(1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for
Productive Adulthood";(3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable
and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and
Families,” by supporting staff working directly with families and children.
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Legislation Details (With Text)
File #: Version:125-4555 Name:
Status:Type:Consent Item Passed
File created:In control:9/24/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Soda Health, Inc., in an amount not to exceed $2,100,000 to provide a hosted software solution for a
Medicare and Medicaid supplemental benefits program for the distribution and management of
restricted debit cards to Contra Costa Health Plan beneficiaries for the period November 4, 2025
through November 3, 2028, and for successive one (1) year terms thereafter until terminated. (100%
Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #77-788 with Soda Health, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County (i)
Master Services Agreement and (ii)Statement of Work (County Contract #77-788)with Soda Health,Inc,a
corporation,in an amount not to exceed $2,100,000,to provide a hosted software solution for a Medicare and
Medicaid supplemental benefits program for the distribution and management of restricted debit cards to
Contra Costa Health Plan (CCHP)beneficiaries for the period from November 4,2025,through November 3,
2028, and for successive one (1) year terms thereafter until terminated.
FISCAL IMPACT:
This Contract will result in contractual service expenditures of up to $2,100,000 over a 3-year period and will
be funded 100% by Costa Health Plan Enterprise Fund II.
BACKGROUND:
This Contract meets the needs of CCHP by providing its hosted software solution for CCHP’s Medicare and
Medicaid Services supplemental benefits program for the for the distribution and management of restricted
debit cards to CCHP Dual Eligible Special Needs Plan (D-SNP)members.The Department of Health Care
Services issued a revision to HCFA-AT-80-38 (BPP)on May 22,1980,referencing 42 CFR 432.10(a)Standards
of Personnel Administration,which CCHP must comply with,including a contractual requirement to establish
and maintain methods for personnel administration and in conformity with standards prescribed by the US Civil
Service Commission in accordance with Section 208 of the Intergovernmental Personnel Act of 1970 and the
regulations on Administration of the Standards for a Merit System of Personnel Administration.CCHP must
maintain a benefits distribution program that safeguards consumer protection and ensures seamless member
onboarding.This Contract will enable the distribution of availability funds to CCHP D-SNP Members in a
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onboarding.This Contract will enable the distribution of availability funds to CCHP D-SNP Members in a
secure and controlled manner,covering the costs of certain supplemental benefit expenses,redeeming rewards
earned through healthy activities, and purchasing items from an over-the-counter drug catalog.
This Contract supports CCHP’s requirement to administer D-SNP Member supplemental benefits securely and
in compliance with a Health Insurance Portability and Accountability Act of 1996 (HIPAA).Per Administrative
Bulletin 600.3 the Department has posted a continuous Request for Qualifications and maintains a current
qualified list of vendors at all times.A summary of service contract deliverables,including measurable
outcomes required of the contractor to be monitored by the department in compliance with Section III (B)(7)of
the Purchasing Policy (AB600.3),includes the implementation of the program,card management,benefits
enablement and call center services,and County’s use of the software platform under the license grant,and
access to maintenance and support.This Contract was approved by Health Services Personnel to ensure there is
no conflict with labor relations.
Under this new Contract #77-788,the parties will execute a Master Service Agreement (MSA)(including
mutual indemnification and the County's HIPAA Business Associate Addendum (BAA))and Statement of Work
for Contractor’s Soda Health Technology solution and services.Under the MSA,each party's liability is limited
to the amount paid by County to Soda Health,Inc.,under the Contract over the preceding twelve (12)month
period to the event giving rise to the liability,except for claims arising out of a breach of Intellectual Property
Rights,BAA and Indemnification obligations.Under the MSA,Soda’s liability for a breach of Protected Health
Information is limited to $10,000,000.
Under the Soda Master Agreement,the County is obligated to indemnify and defend Soda Health,Inc.against
third party claims arising from County’s breach of the Agreement or county’s negligence or willful misconduct
in performing this Agreement.The initial term of this Contract begins on the effective date and will continue
for two (2)years thereafter and automatically renew for an additional one (1)year terms(s)unless terminated as
provided under the Contract.
Approval of this new Contract #77-788 allows the Contractor to provide services through November 3, 2028.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved,CCHP will not maintain compliance for Medi-Cal and Medicare Advantage
Members.Failure to implement this system will result in CCHP being completely unable to participate in D-
SNP Medicare Advance resulting in County’s loss of state and federal funding.
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Legislation Details (With Text)
File #: Version:125-4556 Name:
Status:Type:Consent Item Passed
File created:In control:10/7/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health
Services Director, a purchase order with Sysco San Francisco, Inc. in an amount not to exceed
$1,000,000 for the purchase of food, paper products, kitchen supplies and other food service
production items for nutrition services at Contra Costa Regional Medical Center for the period
November 1, 2025 through October 31, 2028. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Purchase Order with Sysco San Francisco, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services
Director, a purchase order with Sysco San Francisco, Inc. in an amount not to exceed $1,000,000 for the
purchase of food, paper products and kitchen supplies, such as food storage units, serving utensils, serving
pans, anti-fatigue mats and other food service production items for Nutrition Services at Contra Costa Regional
Medical Center (CCRMC), for the period from November 1, 2025, through October 31, 2028.
FISCAL IMPACT:
Approval of this action will result in expenditures of up to $1,000,000 over a three-year period from and will be
funded by Hospital Enterprise Fund I revenues.
BACKGROUND:
Sysco San Francisco, Inc. has been selected as the secondary distributor for Food and Nutrition for Contra
Costa Regional Medical Center. Until 2021, Sysco San Francisco, Inc. had been the primary distributor for food
and nutrition at CCRMC. The switch to US Foods was made due to the availability of a more comprehensive
product selection and lower prices. CCRMC will still require the services of Sysco San Francisco, Inc., who act
as a secondary supplier when products are backordered or unavailable from US Foods.
Food and Nutrition Services lost their primary supplier for prepared patient meals in August 2022, as the
company made the decision to close their business. Title 22 requires the provision of food quality and quantity
to meet the patient's needs in accordance with physicians' orders and, to the extent medically possible, to meet
the Recommended Daily Dietary Allowances, adopted by the Food and Nutrition Board of the National
Research Council of the National Academy of Sciences.
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On January 10, 2023, the Board of Supervisors approved agenda item C.82 to execute a purchase order with
Sysco San Francisco, Inc., in amount not to exceed $1,000,000 for the purchase of food, paper products and
kitchen supplies, such as food storage units, serving utensils, serving pans, anti-fatigue mats and other food
service production items for Nutrition Services at CCRMC, for the period from November 1, 2022, through
October 31, 2025.
Sysco San Francisco, Inc. is an awarded supplier for Food and Nutrition Distribution in the Vizient Group
Purchasing Organization (GPO) contract portfolio, which means that CCRMC, a Vizient member, is eligible to
receive substantial rebates and access lower pricing. These purchases will be governed by the Vizient Supplier
Agreement entered into between Vizient Supply, LLC and Sysco San Francisco, Inc. on July 1, 2024
(Agreement No. FD9142).
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCRMC will be at risk for violation of Title 22, CMS, and other regulatory
agencies, as we may not be able to prepare meals for patients, hospital staff, and visitors.
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Legislation Details (With Text)
File #: Version:125-4557 Name:
Status:Type:Consent Item Passed
File created:In control:10/8/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Roche Diagnostics Corporation, to provide additional products, reagents and
supplies for the Cobas 5800 laboratory analyzer used for patient specimen testing at Contra Costa
Regional Medical Center with no change in the payment limit of $2,577,300 or term ending February
9, 2030. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #76-752-3 with Roche Diagnostics Corporation
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment #76-752-3 with Roche Diagnostics Corporation, a corporation, to amend Contract #76-
752 (as amended by Contract Amendments #76-752-1 and #76-752-2), effective October 1, 2025, for additional
products, reagents and supplies for the Cobas laboratory analyzer used for patient specimen testing at Contra
Costa Regional Medical Center (CCRMC) and to correct the original termination date from December 31, 2032
to February 9, 2030, with no change in the payment limit of $2,577,330.
FISCAL IMPACT:
Approval of this Contract Amendment will not impact the original payment limit of $2,577,300 funded 100%
by Hospital Enterprise Fund I revenues. (No rate increase)
BACKGROUND:
This Contract meets the needs of CCRMC and its health centers,allowing the Roche Cobas 5800 System,
aiding in the automation,integration,consolidation,and standardization of high-volume and molecular testing
such as COVID-19 and influenza and allows in-house testing.The Roche Cobas 5800 System includes
ancillary test equipment,reagents,and supplies for CCRMC clinical laboratories and pathology to process,test,
and analyze patient specimens. CCRMC has been using Roche products since 2010.
On December 21,2021,the Board of Supervisors approved Contract #76-752 with Roche Diagnostics
Corporation,in the amount not to exceed $1,530,425,for the purchase of the Roche Cobas 6800 fully
automated patient specimen testing system for the period August 11, 2021, through August 10, 2026.
On February 27,2024,the Board of Supervisors approved Contract Amendment #76-752-1 with RocheCONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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On February 27,2024,the Board of Supervisors approved Contract Amendment #76-752-1 with Roche
Diagnostics Corporation,effective February 27,2024,to increase the payment limit by $1,046,875 to a new
total of $2,577,300 and extend the term through December 31,2032,and allow CCRMC to trade in the Cobas
6800 and upgrade its current testing platform to the Cobas 5800 analyzer,which includes specifications
required by the Centers for Medicare &Medicaid Services to meet Clinical Laboratory Improvement
Amendments and Federal Drug Administration accreditation requirements.
On February 25,2025,the Board of Supervisors approved Contract Amendment #76-752-2,with Roche
Diagnostics Corporation,effective upon execution of this agreement,for additional test kits,reagents and
supplies for the Cobra laboratory analyzer used for patient specimen testing at CCRMC,with no change in the
payment limit of $2,577,300 or term.
The extension date was to be 60 months from the commencement date for the Roche Cobas 5800 making the
correct contract termination date February 9, 2030.
Approval of Contract Amendment #76-752-3 will allow the Contractor to provide additional products,reagents
and supplies needed for patient testing and correct the termination date to February 9, 2030.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved,Contra Costa Health will not have the necessary products,
reagents and supplies needed for specimen testing at CCRMC needed for patient care.
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Legislation Details (With Text)
File #: Version:125-4558 Name:
Status:Type:Consent Item Passed
File created:In control:10/10/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase on behalf of the Health
Services Director, 2,000 Target gift cards for a total amount not to exceed $50,000 to serve as
incentives for patients with a specific focus on well care visits, immunization in children, reducing
disparity in African American population, cancer screening, and perinatal services. (100% Hospital
Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Gift Card Incentives for Optimizing Population Health: Elevating Patients’ Engagement and
Reducing Disparities
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to purchase on behalf of the Health Services
Director, up to 2,000 Target gift cards each with a $25 value for a total amount not to exceed $50,000 to serve
as incentives for engaging and repatriating several patient populations with a specific focus on Well Care Visits
and Immunization in children, reducing disparity in African American Population, cancer screening, and
perinatal services.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $50,000 and will be funded by Hospital
Enterprise Fund I QIP (Quality Incentive Program) funding.
BACKGROUND:
Contra Costa Regional Medical Center (CCRMC) and Health Centers deliver comprehensive population health
services to all patients assigned to the health system. A significant portion of our healthcare funding is linked to
the Pay for Performance Project, Quality Incentive Pool (QIP), which prioritizes various aspects of population
health. We remain deeply committed to providing high-quality healthcare services, including primary and
preventive care, while striving to meet and exceed annual performance goals to secure more than $150 million
in Medi-Cal funding each year.
CCRMC employs a range of strategies to engage patients in accessing and utilizing primary care services. Our
data and experience indicate that incentive programs can play a pivotal role in increasing participation in
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preventive and primary disease management services, even among individuals who consider themselves
generally healthy.
For children aged 0-15 months, six well-care visits are required; children aged 15-30 months need two visits,
and those aged 3-21 years should have at least one annual visit with their primary care provider. These visits are
essential, as they include immunizations, developmental screenings, and other critical health assessments.
Providing incentives for completing these visits can significantly improve compliance rates and help reduce
disparities.
We have identified lower influenza immunization rates among African American patients across all age groups.
Incentive programs have proven effective in recent campaigns and could be instrumental in increasing
immunization rates and addressing this disparity.
Similarly, offering incentives for life-saving cancer screenings and consistent perinatal services among adults
has the potential to greatly increase participation in these essential health interventions.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, it could negatively affect the health and well-being of vulnerable adults and
children, and the performance in the related metrics.
CHILDREN'S IMPACT STATEMENT:
This recommendation supports the following Board of Supervisor's community outcome: Communities that are
Safe and Provide a High Quality of Life for Children and Families.
One of our goals for well-child visits is to reduce health disparities and improve health outcomes. High-quality
well-child visits can improve children's health, caregivers’ behaviors to promote their children's health, and
prevent injury and harm.
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Legislation Details (With Text)
File #: Version:125-4559 Name:
Status:Type:Consent Item Passed
File created:In control:10/13/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Isaac Burns, LMFT, to increase the payment limit by $80,000 to an amount not to
exceed $280,000 to provide additional Medi-Cal specialty mental health services to beneficiaries in
East County ages 7 years and older with no change in the term ending June 30, 2026. (30% Federal
Medi-Cal; 30% State Mental Health Realignment; 40% Contra Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #74-475-24(13) with Isaac Burns, LMFT
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment #74-475-24(13) with Isaac Burns, LMFT, a sole proprietor, effective November 1, 2025,
to amend Contract #74-475-24(11), to increase the payment limit by $80,000 from $200,000 to a new payment
limit of $280,000 for additional Medi-Cal specialty mental health services to beneficiaries in East Contra Costa
County ages 7 years and older, with no change in the term ending June 30, 2026.
FISCAL IMPACT:
Approval of this Contract Amendment will result in additional annual expenditures of up to $80,000 and will be
funded by 30% Federal Medi-Cal, 30% State Mental Health Realignment funds, and 40% Contra Costa Health
Plan Enterprise Fund II. (No rate increase)
BACKGROUND:
This Contract meets the social needs of County’s population by providing Medi-Cal specialty mental health
services for members aged seven (7) and over in East Contra Costa County. Services include but are not limited
to providing assessment, testing, therapy and medication monitoring for treatment of anxiety, bipolar,
depression, grief/loss, personality disorders, substance related disorders, and sexual and gender identity
disorders. This Contractor has been providing these services as part of the Department’s Behavioral Health
Services Network since June 2015.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; Welfare and Institutions Code § 5775 et seq.; Welfare and Institutions Code §§ 14680-
14685; and California Code of Regulations (CCR), Title 9 § 1810.100 et seq. This Contract was approved by
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Health Services Personnel to ensure there is no conflict with labor relations. The Behavioral Health’s Quality
Management, Utilization Management and Contract Monitor staff meet on a regular basis to ensure monitoring
and performance measures in the Contract are upheld. Per Administrative Bulletin 600.3 the Department has
posted a continuous Request for Qualifications and maintains a current qualified list of vendors at all times.
In July 2024, the Purchasing Services Manager executed Contract #74-475-24(11) with Isaac Burns, LMFT, in
an amount not to exceed $200,000 for the provision of Medi-Cal specialty mental health services, for the period
July 1, 2024 through June 30, 2026.
Approval of Contract Amendment #74-475-24(13) will allow the Contractor to provide additional Medi-Cal
specialty mental health services through June 30, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved, the Contract will not have sufficient funds to pay Contractor and
members will not have access to Contractor’s additional Medi-Cal specialty mental health services, which
could result in increased wait times for services.
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Legislation Details (With Text)
File #: Version:125-4560 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
AMN Healthcare Locum Tenens, Inc., in an amount not to exceed $10,000,000 to provide temporary
locum tenens physician services at Contra Costa Regional Medical and Health Centers for the period
November 1, 2025 through October 31, 2027. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #26-294-50 with AMN Healthcare Locum Tenens, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract #26-294-50 with AMN Healthcare Locum Tenens, Inc., a corporation, in an amount not to exceed
$10,000,000, to provide temporary specialty physician services to Contra Costa Regional Medical Center
(CCRMC) and Contra Costa Health Centers, for the period from November 1, 2025 through October 31, 2027.
FISCAL IMPACT:
Approval of this Contract will result in contractual expenditures of up to $10,000,000 over a two-year period
and will be funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
CCRMC and Contra Costa Health Centers have an obligation to provide medical staffing services to patients.
Therefore, the county contracts with temporary help firms to ensure patient care is provided during peak loads,
temporary absences, vacations and emergency situations where additional staffing is required. The County has
been using the contractor’s temporary staffing services since January 1, 2006.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; and Health and Safety Code § 1451. Health Services Personnel approved this Contract to
ensure no conflicts with labor relations. CCRMC’s Quality Management, Utilization Management and Contract
Monitor Staff meet on a regular basis to ensure monitoring and performance measures in the contract are
upheld. Per Administrative Bulletin 600.3, CCRMC Physician services are exempt from solicitation
requirements.
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On November 7, 2023, the Board of Supervisors approved Contract #26-294-48 with AMN Healthcare Locum
Tenens, Inc., in an amount not to exceed $8,000,000, for the provision of locum tenens physicians to cover
during vacation, sick leave, and provide extended leave relief for County-employed physicians at CCRMC and
Contra Costa Health Centers for the period November 8, 2023 through October 31, 2025.
On April 15, 2025, the Board of Supervisors approved Contract Amendment #26-294-49 with AMN Healthcare
Locum Tenens, Inc., to increase the payment limit by $1,500,000 to a new payment limit of $9,500,000 to
provide additional temporary specialty Physician staffing services Contra Costa Regional Medical Center and
Contra Costa Health Centers with no change in the term.
Approval of Contract #26-294-50 will allow Contractor to continue providing temporary locum tenens
physician services, through October 31, 2027. This Contract includes services provided by represented
classifications and the County has met its obligations with the respective labor partner(s).
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved, patients requiring appropriate physician coverage during temporary staff
absences will not have access to Contractor’s services.
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Legislation Details (With Text)
File #: Version:125-4561 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Medline Industries, LP, to include reprocessing services for end-to-end distribution
services at Contra Costa Regional Medical Center and Health Centers with no change in the payment
limit of $4,566,950 or term ending January 31, 2029. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #76-809-4 with Medline Industries, LP
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment #76-809-4 with Medline Industries, LP, an Illinois limited partnership, to amend Contract
#76-809 (as amended by Contract Amendments #76-809-1 and #76-809-2), effective upon signature of both
parties, to include reprocessing services for end-to-end distribution services at Contra Costa Regional Medical
Center (CCRMC) and Contra Costa Health Center with no change in the payment limit of $4,566,950 or term
ending January 31, 2029.
FISCAL IMPACT:
Approval of this Contract Amendment will not impact the payment limit of $4,566,950 budgeted by the
Department and funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
Medline Industries, LP is the primary distribution for medical and non-medical supplies and products for
CCRMC and Contra Costa Health Centers. Contractor has been awarded a Vizient Group Purchasing (GPO)
Agreement for the distribution of contracted and non-contracted supplies. As a Vizient member, CCRMC and
Contra Costa Health Centers received enhanced value from their participation in the Medline/Vizient GPO.
CCRMC’s Quality Management, Utilization Management and Contract Monitor Staff meet on a regular basis to
ensure monitoring and performance measures in the Contract are upheld. Health Services Personnel approved
this Contract to ensure no conflicts with labor relations. Contractor is a member of the Vizient GPO and per
Administrative Bulletin 600.3, GPO members are exempt from solicitation requirements.
On December 13, 2022, the Board of Supervisors approved Contract #76-809 with Medline Industries, LP, to
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commit to purchase 90% of medical supplies, surgical supplies, laboratory supplies, diagnostic imaging
supplies, cleaning supplies, disaster supplies and miscellaneous minor equipment for CCRMC and Health
Center for the period December 1, 2022 through June 30, 2025. This distribution agreement allows the
department to receive discounted prices and rebates.
On February 27, 2024, the Board of Supervisors approved Contract Amendment #76-809-1 with Medline
Industries, LP, effective February 1, 2024, to increase the payment limit to $2,116,950 for end-to-end
distribution services at CCRMC and Contra Costa Health Center locations to with no change in the term.
On April 28, 2025, the Board of Supervisors approved Contract Amendment #76-809-2 with Medline
Industries, LP, to increase the payment limit by $2,450,000 to a new payment limit not to exceed $4,566,950
and to extend the termination date through January 31, 2029 for end-to-end distribution services at Contra
Costa Regional Medical Center and Contra Costa Health Centers.
Approval Contract Amendment #76-609-4 will allow Contractor, through its wholly-owned subsidiary, Medline
ReNewal, to provide reprocessing services for end-to-end distribution services, through January 31, 2029.
Reprocessing services allows the County additional cost savings. Through reprocessing specific equipment and
purchasing reprocessed single use medical devices, CCRMC and Contra Costa Health Centers will realize
additional savings in the medical supply category. This Amendment includes County agreeing to indemnify and
hold the Contractor harmless from any and all subsequent assessments levied a taxing authority for such taxes,
including interest, penalties and late charges.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved, reprocessing services will not be authorized, and County will
incur additional costs related to the medical supplies and equipment.
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Legislation Details (With Text)
File #: Version:125-4562 Name:
Status:Type:Consent Item Passed
File created:In control:10/16/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with La
Clinica De La Raza, Inc., in an amount not to exceed $5,000,000 to provide primary care physician
services, optometry and other medical services for Contra Costa Health Plan members and County
recipients for the period July 1, 2025 through June 30, 2026. (100% Contra Costa Health Plan
Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #27-456-26 with La Clinica De La Raza, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract #27-456-26 with La Clinica De La Raza, Inc., a non-profit corporation, in an amount not to exceed
$5,000,000, to provide primary care physician (PCP) services, optometry, and other medical services for Contra
Costa Health Plan (CCHP) members and County recipients for the period July 1, 2025 through June 30, 2026.
FISCAL IMPACT:
Approval of this Contract will result in annual expenditures of up to $5,000,000 and will be funded as budgeted
100% by CCHP Enterprise Fund II revenues.
BACKGROUND:
CCHP has an obligation to provide certain PCP services, optometry, and other medical health care services for
its members under the terms of their Individual and Group Health Plan membership contracts with the County.
This Contractor is a Federally Qualified Health Center (FQHC) facility and has been a part of the CCHP
Provider Network providing these PCP and specialty medical services while fostering a deep understanding of
the CCHP organization’s mission, values, and long-term objectives since December 1999.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; Health and Safety Code § 1451. Health Services Personnel approved this Contract to
ensure no conflicts with labor relations. Contractor currently cooperates and participates in CCHP’s Quality
Management Program which consists of quality improvement activities to improve the quality of care, services
and member experience. Cooperation includes collection and evaluation of performance measurement data and
participation in the organization’s clinical and service measure Quality Improvement Programs. Per
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Administrative Bulletin 600.3, CCHP Physician services are exempt from solicitation requirements.
On June 25, 2024, the Board of Supervisors approved Contract #27-456-24 with La Clinica De La Raza, Inc.,
in an amount not to exceed $4,200,000, for the provision of PCP and optometry services for CCHP members
and County recipients, for the period July 1, 2024 through June 30, 2025.
On March 13, 2025, the Board of Supervisors approved Contract Amendment #27-456-25 with La Clinica De
La Raza, Inc., effective July 1, 2024, to include a value-based payment incentive (Pay for Performance
incentive) for PCP services, with no change in the payment limit of $4,200,000 and no change in the term.
Approval of Contract #27-456-26 will allow the Contractor to continue providing PCP services, optometry and
other medical services for CCHP members and County recipients through June 30, 2026. Contract delay was
due to extended negotiations of Contract terms between Division and Contractor.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, certain PCP services, optometry, and other medical services for CCHP members
under the terms of their Individual and Group Health Plan membership contracts with the County will not be
provided and such services may be delayed.
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Legislation Details (With Text)
File #: Version:125-4563 Name:
Status:Type:Consent Item Passed
File created:In control:10/16/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Sycamore Healthcare Associates (dba Legacy Post Acute Center), in an amount not to exceed
$16,000,000 to provide skilled nursing facility services for Contra Costa Health Plan Members and
County recipients for the period September 1, 2025 through August 31, 2027. (100% Contra Costa
Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #77-302-4 with Sycamore Healthcare Associates (dba Legacy Post Acute Care)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Service Director, or designee, to execute on behalf of the County
Contract #77-302-4 with Sycamore Healthcare Associates (dba Legacy Post Acute Center), a corporation, in an
amount not to exceed $16,000,000, to provide skilled nursing facility (SNF) services for Contra Costa Health
Plan (CCHP) members and County recipients, for the period September 1, 2025 through August 31, 2027.
FISCAL IMPACT:
Approval of this Contract will result in contractual service expenditures of up to $16,000,000 over a two-year
period and will be funded 100% by CCHP Enterprise Fund II revenues.
BACKGROUND:
CCHP has an obligation to provide certain specialized SNF health care services for its members under the terms
of their Individual and Group Health Plan membership contracts with the County. Members are released from
the hospital to recover at a SNF until they are well enough to be sent home. These services include but are not
limited to: twenty-four (24) hour medical care, social service and case management coordination, wound care,
respiratory therapy, nasogastric and gastric tube feeding, physical and speech therapy services. Contractor’s
proven track record and established reputation within the medical community mitigates potential risks
associated with CCHP’s success and patient well-being. This Contractor has been a part of the CCHP Provider
Network providing SNF services fostering a deep understanding of the CCHP organization’s mission, values,
and long-term objectives since September 1, 2020.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; and Health and Safety Code § 1451. Health Services Personnel approved this Contract to
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ensure no conflicts with labor relations. Contractor currently cooperates and participates in CCHP’s Quality
Management Program which consists of quality improvement activities to improve the quality of care, services
and member experience. Cooperation includes collection and evaluation of performance measurement data and
participation in the organization’s clinical and service measure Quality Improvement Programs. These
contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements
by the Public Works Department’s Purchasing Division.
On July 26, 2022, the Board of Supervisors approved Contract #77-302-1 with Sycamore Healthcare Associates
(dba Legacy Post Acute Center), in an amount not to exceed $3,000,000, for the provision of SNF services for
CCHP members and County recipients for the period September 1, 2022 through August 31, 2025.
Approval of Contract #77-302-4 will allow the Contractor to continue providing SNF services through August
31, 2027. Contract delay was due to extended negotiation of Contract terms between Division and Contractor.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved, certain specialized SNF services for CCHP members under the terms of their
Individual and Group Health Plan membership contracts with the County will not be provided.
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1025 ESCOBAR STREET
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Legislation Details (With Text)
File #: Version:125-4564 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Child Abuse Prevention Council of Contra Costa County, in an amount not to exceed $212,041 to
provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services for the
period July 1, 2025 through June 30, 2026. (76% Mental Health Services Act Prevention and Early
Intervention; 24% Mental Health Student Services Act)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #74-356-17 with Child Abuse Prevention Council of Contra Costa County
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract #74-356-17 with Child Abuse Prevention Council of Contra Costa County,a non-profit corporation,in
an amount not to exceed $212,041 to provide Mental Health Services Act (MHSA)Prevention and Early
Intervention (PEI) Services for the period July 1, 2025 through June 30, 2026.
FISCAL IMPACT:
Approval of this Contract will result in annual budgeted expenditures in an amount not to exceed $212,041 and
will be funded by 76% MHSA PEI and 24% by Mental Health Student Services Act revenues.
BACKGROUND:
This MHSA PEI Contract meets the social needs of County’s population by providing evidence-based
curriculum of culturally,linguistically,and developmentally appropriate parenting classes to Spanish speaking
families in East Contra Costa County and Central Contra Costa County’s Monument Corridor.This contractor
has been providing services for the County since July 2009.This Contract is entered into under and subject to
the following legal authorities:California Government Code §§26227 and 31000.The Behavioral Health’s
Quality Management,Utilization Management and Contract Monitor Staff meet on a regular basis to ensure
monitoring and performance measures in the contract are upheld.This Contract was approved by Health
Services Personnel to ensure there is no conflict with labor relations.
This provider was selected in collaboration with community stakeholder advisory bodies and was approved as
part of the comprehensive Mental Health Services Act Three-Year Plan as required by State regulation.
Providers interested in providing specialized services were invited proactively to participate in program
development and offered the opportunity to submit interest at dozens of publicly noticed meetings.The
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4564,Version:1
development and offered the opportunity to submit interest at dozens of publicly noticed meetings.The
services and vendors were identified in the formal Three-Year plan was approved on the following schedule
that was noticed to the public and approved by the Board on August 1,2023.The Three-Year Plan was posted
for public comment from June 5,2023 through July 5,2023,there was a Public Hearing at the Mental Health
Commission meeting on July 5, 2023, and it was approved by the Board of Supervisors on August 1, 2023.
On July 23,2024,the Board of Supervisors approved Contract #74-356-16 with Child Abuse Prevention
Council of Contra Costa County,in an amount not to exceed $201,944,to provide MHSA PEI services for the
period July 1, 2024 through June 30, 2025.
Approval of Contract #74-356-17 will allow the Contractor to continue providing services through June 30,
2026.This Contract is delayed due to the Division not receiving the required contract documents from the
Contractor in a timely manner.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved,the MHSA PEI services needed for patient care will not be available or will
create increased wait times due to the limited number of specialty providers available within the community.
CHILDREN’S IMPACT STATEMENT:
This MHSA PEI program supports the following Board of Supervisors’community outcomes:“Families that
are Safe,Stable,and Nurturing”;and “Communities that are Safe and Provide a High Quality of Life for
Children and Families”.Expected program outcomes include increases in social connectedness,communication
skills, parenting skills, and knowledge of the human service system in Contra Costa County.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4565 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health
Services Director, a purchase order with Norix Group, Inc. in an amount not to exceed $2,174 and,
ACCEPT the terms and conditions for the purchase of furniture for the Contra Costa Regional Medical
Center. (100% Hospital Enterprise Fund I)
Attachments:1. Norix Terms and Conditions
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Purchase Order with Norix Group, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services
Director, a one-time purchase order with Norix Group, Inc. in an amount not to exceed $2,174, and ACCEPT
terms and conditions for the purchase of furniture for the Contra Costa Regional Medical Center (CCRMC).
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $2,174 and will be funded by Hospital
Enterprise Fund I revenues.
BACKGROUND:
Norix Group, Inc. is a manufacturer of furniture designed for correctional facilities, healthcare, behavioral
health, and other public safety and institutional settings.
CCRMC purchased eight lounge chairs under purchase order #33168. These chairs have provided comfort and
a welcoming environment for patients. Additional seating will better accommodate patients in the Psychiatric
Unit and increasing the number of lounge chairs will ensure adequate seating in common areas, support a
therapeutic environment, and improve patient satisfaction.
Purchases from Norix Group, Inc. are subject to Norix’s Standard Terms and Conditions, which limit Norix’s
liability to exclude special, consequential, and incidental damages for product defects and late deliveries and
non-deliveries of goods. Approval of this request will allow Norix Group, Inc. to provide durable, high-
performance furniture designed to meet the specific safety and durability requirements for CCRMC.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
powered by Legistar™
File #:25-4565,Version:1
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCRMC will face inadequate seating for patients in the Psychiatric Unit, which
could negatively impact patient comfort, satisfaction, and overall experience.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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STANDARD TERMS & CONDITIONS, JANUARY 1, 2025
These Terms and Conditions shall be construed, interpreted and enforcedunder the laws of the State of California, without regard to the conflict oflaw rules thereof. Venue of any suit brought under these Terms andConditions,either directly or indirectly, shall be Contra Costa County,California.
ACCEPTANCE
Norix reserves the right to refuse an order, in whole or part, when the typeor quantity of goods or credit worthiness of the customer is not satisfactory.Possession of this price list does not constitute a right to purchase Norixproducts. Prices, terms and conditions of sale are subject to change withoutnotice. All sales will be made at prices prevailing at the time of order. Ifshipment is delayed at customer request, prices at time of shipment willprevail. A complete order is defined as having no missing information andissued by a bona fide business or facility with good credit.
ACKNOWLEDGMENTS
All orders are manufactured and shipped according to the acknowledgmentand its terms and conditions. It is the customer’s responsibility to check forand document any discrepancies on the acknowledgment and to notify Noriximmediately in writing.
ADA COMPLIANT
Products with this icon meet the Americans with Disabilities ActAccessibility Guidelines as published by the Department of Justiceon December 21, 1992 under Proposed Rules for Courthouses(Sections 11) and Detention and Correctional Facilities (Section 12).
CANCELLATION & CHARGES
Cancellations and change orders are subject to Norix approval. A cancellationor change order charge will apply if any cost for material or labor has beenincurred prior to notification from the customer. A minimum restockingcharge of 25% will apply.
SURCHARGES
A surcharge may be applied on all furniture orders based on market conditions.
STORAGE & HANDLING
All orders are acknowledged with an estimated ship date. Failure to acceptdelivery of an order based on the estimated ship date will subject your orderto warehouse storage and handling charges. Norix will assess storage andhandling charges per month if a customer does not accept shipment within 5days from the acknowledged ship date.
CREDIT & PAYMENT TERMS
For governmental agencies, terms are Net 30 days from invoice ship date.Credit privileges are evaluated on a case by case basis for all other customers.All international sales will require full payment prior to shipment. Past dueaccounts will be subject to a finance charge of 1.75% per month (prorated at 21%per annum or legal limit) which will be added to the unpaid balance of invoicenot paid within 30 days. We accept Visa and MasterCard, fees may apply.
INSPECTION
It is the customer’s responsibility and obligation to implement a procedureto conduct regular and timely inspections and maintenance of all Norixproducts to assure that unsafe conditions do not evolve or exist. Further, itis the customer’s responsibility to remove unsafe or defective products fromservice immediately, including any situations where abuse is suspected ordetermined to be a potential problem.
RETURNED GOODS
Returns will be allowed for unused products in original packaging only after a Return Good Authorization has been requested by the customer and approved by Norix. Return Goods Authorization requested should be directed to a Norix Customer Service Representative. Custom manufactured products and/or products stored or handled improperly by the customer are not eligible for return. Customer is responsible for all freight charges associated with the order and a minimum 25% restocking charge. After receiving and inspecting the returned goods Norix will issue a product credit to be used by the customer towards future purchases.
LIMITED WARRANTY
Norix warrants, to its original purchaser, all of its products to be free from defects in workmanship and materials for specified periods of time (depending on product) following date of shipment, under normal use and service. Norix makes no other warranty, express or implied, to its customers or any users of the goods, including without limitation any implied warranty of merchantability of the goods or the fitness of the goods for a particular purpose. Norix liability shall be limited to repair or replacement of any defect of work or material for products shipped after January 1, 2025 within the specified warranty period, at the sole discretion of Norix. Norix shall not be liable for consequential or incidental damage arising from any product defect.
All warranty claims must be submitted in writing to Norix’ Customer Service department, listing the date of purchase, original invoice number and description of defect(s).
The warranty does not cover: • Normal wear and tear. • Product failure due to abuse, misuse, negligence, accident, assembly or installation. • Alteration or modification of the product in any way. • Natural variations in color, grain or texture. • Finishes, fabrics, foam and filling materials. • Customer Owned Material (COM). • Freight damage.
Wood is a natural material, with variations in color, grain and texture. Finish colors will vary from product to product and lot to lot. Due to these naturally occurring variations, exact matches to samples or other furniture items ordered at different times cannot be guaranteed. Due to the natural variations of wood materials, some aesthetic differences should be expected when combining laminate tops with natural wood edges and wood veneer surfaces.
Products made using proprietary TruGrain™ aesthetic provides authentic texture and gradation that replicates natural wood. Avoid excessive abrasive scrubbing. Variations in color and finish vary from product to product and lot to lot, just like natural wood. Due to differences in monitors, printers and materials, actual product colors may vary.
Certain molded dining tables require bolt-down or ballasting to validate warranty. Please refer to spec pages for details.
Norix warranties upholstery fabrics against defects and color fading, when cared for according to the specified cleaning and maintenance guidelines, for a period of 3 years. COM is exempt and Norix reserves the option to repair or replace. Because upholstered furniture is made of soft, flexible materials designed for comfort, normal wrinkles and puckers may be present.
Limited warranty does not cover shrinkage, picks, wearing, wrinkling, fading, or pilling. This warranty is not valid where there is evidence of heavy soiling or abuse. Because upholstered furniture is made of soft, flexible materials designed for comfort, normal wrinkles and puckers may be present, particularly in the area where the seat intersects with the seat back.
FOR CONTRA COSTA COUNTY USE ONLY
Norix’s products are presented in this simple, easy to use Price List. Your Norix Representative will be pleased to assist you in the
selection of our products. Norix Representatives are located in most major market centers throughout the United States and Canada.
For the name of your nearest representative, please call our corporate office, 1-800-234-4900 or 1-630-231-1331
NORIX FREIGHT INFORMATION
FREIGHT
All shipments are F.O.B. West Chicago IL 60185, unless otherwise specified.
Standard delivery is on a dock-to-dock basis utilizing a 53’ semi-trailer. Unless
arranged for in advanced and included as part of a formal Norix price quote,
special requests such as “Lift Gate Trucks”, “Exact Day Delivery”, will incur
additional charges. Special requests, such as those listed above must appear
on customer’s purchase order. Special delivery requests received after the
order is acknowledged will be considered a change order. “Exact Time Delivery”
is not available. Deliveries required to be received in less than 53’ semi-trailers
will incur additional charges and must be requested in advance of shipment.
Partial shipments at the customers request will result in additional freight
charges. Norix will not in any event be liable to any customer for special,
incidental or consequential damages due to late delivery or non-delivery of
goods for any reason.
FREIGHT DAMAGE (VISIBLE)
To receive claims consideration, the consignee must inspect the freight
for damage and record the specifics of that damage on the bill of lading
or delivery receipt. Under National Motor Freight Classification (NMFC)
rules, the consignee does not have the right to open and inspect all of the
shipping containers prior to signing for the freight. However, if the condition
of the shipping package is such that there is good reason to suspect damage,
the consignee has the right and should perform an inspection. It is the
responsibility of the receiver of the shipment to inspect for item damage within
15 days of receipt of the shipment and report immediately any discrepancies to
Norix Customer Service. Norix will not in any event be liable to any customer
for special, incidental or consequential damages due to late delivery or non-
delivery of goods for any reason.
FREIGHT DAMAGE (CONCEALED)
When damage is discovered after delivery, it should be reported to Norix
immediately. The freight and shipping container should be retained until a
disposition is given. It is the responsibility of the receiver of the shipment to
inspect for item damage within 5 business days of receipt of the shipment and
report immediately any discrepancies to Norix customer service.
FREIGHT (REFUSAL)
Customer is liable for all freight charges when refusing to accept delivery of
product under terms of acknowledged shipping schedule.
FREIGHT (SHORTAGES)
The Bill of Lading lists the number of cartons, sleeves (of stack chairs) or skids
you should expect to receive on each shipment. Any discrepancies must be
noted on the delivery receipt. A Packing List is included with every shipment.
It is the responsibility of the receiver of the shipment to inspect for item
shortages within 15 days of receipt of the shipment and report immediately any
discrepancies to Norix customer service.
FORCE MAJEURE
Norix shall not be liable for failure to perform or for delay in performance
due to fire, flood, strike, or any other labor difficulty, act of God, act of any
governmental authority or of Customer, riot, embargo, fuel or energy shortage,
wrecks or delay in transportation, inability to obtain necessary labor, materials,
or manufacturing facilities from usual sources, or failure of suppliers to meet
their contractual obligations, or due to any cause beyond its reasonable
control. In the event of delay in performance due to any such cause, Norix
reserves the right to extend the date of delivery or time for completion by a
period of time reasonably necessary to overcome the effect of such delay, to
allocate any available supply of goods in a manner it deems reasonable, or to
cancel any purchase order.
*These goods are sold by Norix for institutional use only and not as consumer products. The design characteristics of these products are not intended to replace
or substitute the need for necessary supervision or other necessary protective measures to protect those who may be at risk. Norix warrants the goods to be
free from defects in materials and workmanship in normal use and service. It is the customer’s responsibility to ensure that products purchased from Norix and
installed are suitable for the environment in which they are installed. Norix does not warrant the fitness for use or merchantability of this product. The suitability
of this product for any particular purpose is for buyer, in their sole judgment, to determine. Norix is not liable for consequential damages.
FOR CONTRA COSTA COUNTY USE ONLY
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4566 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Health
Services Director, a purchase order with Norix Group, Inc. in an amount not to exceed $2,849, and
ACCEPT the terms and conditions for the purchase of platform space-saver beds for the Contra
Costa Regional Medical Center. (100% Hospital Enterprise Fund I)
Attachments:1. Norix Terms and Conditions
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Purchase order with Norix Group, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Health Services
Director, a one-time purchase order with Norix Group, Inc. in an amount not to exceed $2,849, and ACCEPT
terms and conditions for the purchase of platform space-saver beds for the Contra Costa Regional Medical
Center (CCRMC).
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $2,849 and will be funded by Hospital
Enterprise Fund I revenues.
BACKGROUND:
Norix Group, Inc. is a manufacturer that specializes in furniture designed for correctional facilities, healthcare,
behavioral health, and other public safety and institutional settings. The current restraint bed at CCRMC is
broken and is beyond repair, making it unusable in the unit. Therefore, CCRMC is seeking to purchase two
platform space-saver beds to replace the existing equipment. Acquiring these beds will ensure the unit has safe
and functional patient care equipment, maintain compliance with safety standards, and optimize available floor
space for patient management and staff workflow.
Purchases from Norix Group, Inc. are subject to Norix’s Standard Terms and Conditions, which limit Norix’s
liability to exclude special, consequential, and incidental damages for product defects and late deliveries and
non-deliveries of goods. Approval of this request will allow Norix Group, Inc. to provide durable, high-
performance furniture designed to meet the specific safety and durability requirements for CCRMC.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
powered by Legistar™
File #:25-4566,Version:1
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCRMC will face a shortage of functional and safe patient care beds, which
could compromise patient safety, limit proper care, and negatively impact unit operations.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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STANDARD TERMS & CONDITIONS, JANUARY 1, 2025
These Terms and Conditions shall be construed, interpreted and enforcedunder the laws of the State of California, without regard to the conflict oflaw rules thereof. Venue of any suit brought under these Terms andConditions,either directly or indirectly, shall be Contra Costa County,California.
ACCEPTANCE
Norix reserves the right to refuse an order, in whole or part, when the typeor quantity of goods or credit worthiness of the customer is not satisfactory.Possession of this price list does not constitute a right to purchase Norixproducts. Prices, terms and conditions of sale are subject to change withoutnotice. All sales will be made at prices prevailing at the time of order. Ifshipment is delayed at customer request, prices at time of shipment willprevail. A complete order is defined as having no missing information andissued by a bona fide business or facility with good credit.
ACKNOWLEDGMENTS
All orders are manufactured and shipped according to the acknowledgmentand its terms and conditions. It is the customer’s responsibility to check forand document any discrepancies on the acknowledgment and to notify Noriximmediately in writing.
ADA COMPLIANT
Products with this icon meet the Americans with Disabilities ActAccessibility Guidelines as published by the Department of Justiceon December 21, 1992 under Proposed Rules for Courthouses(Sections 11) and Detention and Correctional Facilities (Section 12).
CANCELLATION & CHARGES
Cancellations and change orders are subject to Norix approval. A cancellationor change order charge will apply if any cost for material or labor has beenincurred prior to notification from the customer. A minimum restockingcharge of 25% will apply.
SURCHARGES
A surcharge may be applied on all furniture orders based on market conditions.
STORAGE & HANDLING
All orders are acknowledged with an estimated ship date. Failure to acceptdelivery of an order based on the estimated ship date will subject your orderto warehouse storage and handling charges. Norix will assess storage andhandling charges per month if a customer does not accept shipment within 5days from the acknowledged ship date.
CREDIT & PAYMENT TERMS
For governmental agencies, terms are Net 30 days from invoice ship date.Credit privileges are evaluated on a case by case basis for all other customers.All international sales will require full payment prior to shipment. Past dueaccounts will be subject to a finance charge of 1.75% per month (prorated at 21%per annum or legal limit) which will be added to the unpaid balance of invoicenot paid within 30 days. We accept Visa and MasterCard, fees may apply.
INSPECTION
It is the customer’s responsibility and obligation to implement a procedureto conduct regular and timely inspections and maintenance of all Norixproducts to assure that unsafe conditions do not evolve or exist. Further, itis the customer’s responsibility to remove unsafe or defective products fromservice immediately, including any situations where abuse is suspected ordetermined to be a potential problem.
RETURNED GOODS
Returns will be allowed for unused products in original packaging only after a Return Good Authorization has been requested by the customer and approved by Norix. Return Goods Authorization requested should be directed to a Norix Customer Service Representative. Custom manufactured products and/or products stored or handled improperly by the customer are not eligible for return. Customer is responsible for all freight charges associated with the order and a minimum 25% restocking charge. After receiving and inspecting the returned goods Norix will issue a product credit to be used by the customer towards future purchases.
LIMITED WARRANTY
Norix warrants, to its original purchaser, all of its products to be free from defects in workmanship and materials for specified periods of time (depending on product) following date of shipment, under normal use and service. Norix makes no other warranty, express or implied, to its customers or any users of the goods, including without limitation any implied warranty of merchantability of the goods or the fitness of the goods for a particular purpose. Norix liability shall be limited to repair or replacement of any defect of work or material for products shipped after January 1, 2025 within the specified warranty period, at the sole discretion of Norix. Norix shall not be liable for consequential or incidental damage arising from any product defect.
All warranty claims must be submitted in writing to Norix’ Customer Service department, listing the date of purchase, original invoice number and description of defect(s).
The warranty does not cover: • Normal wear and tear. • Product failure due to abuse, misuse, negligence, accident, assembly or installation. • Alteration or modification of the product in any way. • Natural variations in color, grain or texture. • Finishes, fabrics, foam and filling materials. • Customer Owned Material (COM). • Freight damage.
Wood is a natural material, with variations in color, grain and texture. Finish colors will vary from product to product and lot to lot. Due to these naturally occurring variations, exact matches to samples or other furniture items ordered at different times cannot be guaranteed. Due to the natural variations of wood materials, some aesthetic differences should be expected when combining laminate tops with natural wood edges and wood veneer surfaces.
Products made using proprietary TruGrain™ aesthetic provides authentic texture and gradation that replicates natural wood. Avoid excessive abrasive scrubbing. Variations in color and finish vary from product to product and lot to lot, just like natural wood. Due to differences in monitors, printers and materials, actual product colors may vary.
Certain molded dining tables require bolt-down or ballasting to validate warranty. Please refer to spec pages for details.
Norix warranties upholstery fabrics against defects and color fading, when cared for according to the specified cleaning and maintenance guidelines, for a period of 3 years. COM is exempt and Norix reserves the option to repair or replace. Because upholstered furniture is made of soft, flexible materials designed for comfort, normal wrinkles and puckers may be present.
Limited warranty does not cover shrinkage, picks, wearing, wrinkling, fading, or pilling. This warranty is not valid where there is evidence of heavy soiling or abuse. Because upholstered furniture is made of soft, flexible materials designed for comfort, normal wrinkles and puckers may be present, particularly in the area where the seat intersects with the seat back.
FOR CONTRA COSTA COUNTY USE ONLY
Norix’s products are presented in this simple, easy to use Price List. Your Norix Representative will be pleased to assist you in the
selection of our products. Norix Representatives are located in most major market centers throughout the United States and Canada.
For the name of your nearest representative, please call our corporate office, 1-800-234-4900 or 1-630-231-1331
NORIX FREIGHT INFORMATION
FREIGHT
All shipments are F.O.B. West Chicago IL 60185, unless otherwise specified.
Standard delivery is on a dock-to-dock basis utilizing a 53’ semi-trailer. Unless
arranged for in advanced and included as part of a formal Norix price quote,
special requests such as “Lift Gate Trucks”, “Exact Day Delivery”, will incur
additional charges. Special requests, such as those listed above must appear
on customer’s purchase order. Special delivery requests received after the
order is acknowledged will be considered a change order. “Exact Time Delivery”
is not available. Deliveries required to be received in less than 53’ semi-trailers
will incur additional charges and must be requested in advance of shipment.
Partial shipments at the customers request will result in additional freight
charges. Norix will not in any event be liable to any customer for special,
incidental or consequential damages due to late delivery or non-delivery of
goods for any reason.
FREIGHT DAMAGE (VISIBLE)
To receive claims consideration, the consignee must inspect the freight
for damage and record the specifics of that damage on the bill of lading
or delivery receipt. Under National Motor Freight Classification (NMFC)
rules, the consignee does not have the right to open and inspect all of the
shipping containers prior to signing for the freight. However, if the condition
of the shipping package is such that there is good reason to suspect damage,
the consignee has the right and should perform an inspection. It is the
responsibility of the receiver of the shipment to inspect for item damage within
15 days of receipt of the shipment and report immediately any discrepancies to
Norix Customer Service. Norix will not in any event be liable to any customer
for special, incidental or consequential damages due to late delivery or non-
delivery of goods for any reason.
FREIGHT DAMAGE (CONCEALED)
When damage is discovered after delivery, it should be reported to Norix
immediately. The freight and shipping container should be retained until a
disposition is given. It is the responsibility of the receiver of the shipment to
inspect for item damage within 5 business days of receipt of the shipment and
report immediately any discrepancies to Norix customer service.
FREIGHT (REFUSAL)
Customer is liable for all freight charges when refusing to accept delivery of
product under terms of acknowledged shipping schedule.
FREIGHT (SHORTAGES)
The Bill of Lading lists the number of cartons, sleeves (of stack chairs) or skids
you should expect to receive on each shipment. Any discrepancies must be
noted on the delivery receipt. A Packing List is included with every shipment.
It is the responsibility of the receiver of the shipment to inspect for item
shortages within 15 days of receipt of the shipment and report immediately any
discrepancies to Norix customer service.
FORCE MAJEURE
Norix shall not be liable for failure to perform or for delay in performance
due to fire, flood, strike, or any other labor difficulty, act of God, act of any
governmental authority or of Customer, riot, embargo, fuel or energy shortage,
wrecks or delay in transportation, inability to obtain necessary labor, materials,
or manufacturing facilities from usual sources, or failure of suppliers to meet
their contractual obligations, or due to any cause beyond its reasonable
control. In the event of delay in performance due to any such cause, Norix
reserves the right to extend the date of delivery or time for completion by a
period of time reasonably necessary to overcome the effect of such delay, to
allocate any available supply of goods in a manner it deems reasonable, or to
cancel any purchase order.
*These goods are sold by Norix for institutional use only and not as consumer products. The design characteristics of these products are not intended to replace
or substitute the need for necessary supervision or other necessary protective measures to protect those who may be at risk. Norix warrants the goods to be
free from defects in materials and workmanship in normal use and service. It is the customer’s responsibility to ensure that products purchased from Norix and
installed are suitable for the environment in which they are installed. Norix does not warrant the fitness for use or merchantability of this product. The suitability
of this product for any particular purpose is for buyer, in their sole judgment, to determine. Norix is not liable for consequential damages.
FOR CONTRA COSTA COUNTY USE ONLY
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4567 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Pinnacle SJIR, P.C. (dba Naadi Healthcare Manteca), in an amount not to exceed $300,000 to provide
outpatient vascular surgery and interventional radiology services for Contra Costa Health Plan
members and County recipients for the period October 1, 2025 through September 30, 2028. (100%
Contra Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #77-629-1 with Pinnacle SJIR, P.C. (dba Naadi Healthcare Manteca)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract #77-629-1 with Pinnacle SJIR, P.C. (dba Naadi Healthcare Manteca), a corporation, in an amount not
to exceed $300,000, to provide outpatient vascular surgery and interventional radiology services for Contra
Costa Health Plan (CCHP) members and County recipients, for the period October 1, 2025 through September
30, 2028.
FISCAL IMPACT:
Approval this Contract will result in contractual service expenditures of up to $300,000 over a three-year period
and will be funded 100% by CCHP Enterprise Fund II revenues.
BACKGROUND:
CCHP has an obligation to provide certain specialized medical specialty services, including outpatient vascular
surgery and interventional radiology services, to CCHP members under the terms of their Individual and Group
Health Plan membership Contracts with the County. This Contractor has been with CCHP providing these
services and fostering a deep understanding of the CCHP organization’s mission, values, and long-term
objectives since October 1, 2023.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; Health and Safety Code § 1451. Health Services Personnel approved this Contract to
ensure no conflicts with labor relations. Contractor currently cooperates and participates in CCHP’s Quality
Management Program which consists of quality improvement activities to improve the quality of care, services
and member experience. Cooperation includes collection and evaluation of performance measurement data and
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
powered by Legistar™
File #:25-4567,Version:1
participation in the organization’s clinical and service measure Quality Improvement Programs. Per
Administrative Bulletin 600.3 CCHP Physician services are exempt from Solicitation requirements.
In October 2020, the Purchasing Services Manager executed Contract #77-629 with Pinnacle SJIR, P.C. (dba
Naadi Healthcare Manteca), in an amount not to exceed $200,000, for the provision of outpatient vascular
surgery and interventional radiology services for CCHP members and County recipients for the period October
1, 2023 through September 30, 2025.
Approval of Contract #77-629-1 will allow Contractor to continue providing outpatient vascular surgery and
interventional radiology services for CCHP members and County recipients through September 30, 2028. This
Contract delay was due to extended negotiation of Contract terms between Division and Contractor.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved, certain specialized outpatient vascular surgery and interventional radiology
services for CCHP members under the terms of their Individual and Group Health Plan membership Contract
with the County will not be provided and services may be delayed.
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Legislation Details (With Text)
File #: Version:125-4568 Name:
Status:Type:Consent Item Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay mPulse Mobile, Inc., an
amount not to exceed $98,000 for providing a provider directory Application Programming Interface to
Contra Costa Behavioral Health for the period December 23, 2024 through October 7, 2025, as
recommended by the Health Services Director. (100% Mental Health Realignment)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Payment Services Provided by mPulse Mobile, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay mPulse, Mobile Inc. an amount not to
exceed $98,000 to provide Contra Costa Behavioral Health (CCBH) with a secure, standards-based Provider
Directory Application Programming Interface (API) compatible with the Fast Healthcare Interoperability
Resources (“FHIR”) standard for Mental Health service providers as required by United States Department of
Health and Human Services final rule CMS-9115-F, 85 FR 25510 during the period of December 23, 2024
through October 7, 2025.
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $98,000 and will be funded by Mental
Health Realignment funds.
BACKGROUND:
On July 27, 2023, the California Department of Health Care Services (DHCS) published Behavioral Health
Information Notice 23-032, requiring Mental Health Plans to create a Provider Directory API comparable with
FHIR standards as of July 1, 2023. CCBH submitted a procurement request and was informed that this would
need to be added to the Contra Costa Health Plan (CCHP) contract 23-636 for the same product, and CCHP
submitted an amendment to do this. The vendor was bought out by other parties twice and changed locations
since the initiation of the CCHP contract, and the contract amendment is currently stalled while all parties
determine how to process the multiple name changes; therefore no payments can currently be made through the
contract.
On October 8, 2025, DHCS notified CCBH that if the Provider Directory API is not up and running by
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December 6, 2025, they will start implementing financial sanctions.
The vendor is entitled to payment for the reasonable value of its services under the equitable relief theory of
quantum meruit. That theory provides that where a vendor has been asked to provide services without a valid
contract, and the vendor does so to the benefit of the county, the vendor is entitled to recover the reasonable
value of those services. The Department cannot pay the vendor for services rendered without a valid contract.
As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time
payment not to exceed $98,000 payable to mPulse Mobile, Inc.
This payment is needed urgently, since it will take approximately three weeks after mPulse Mobile, Inc.
receives the payment for the Provider Directory API to go live.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this action will cause CCBH to be in default of the DHCS deadline for implementing this
Provider Directory API and will result in DHCS implementing financial sanctions, which will include the
withholding of funds due to CCBH by DHCS and progressing to up to $25,000 per violation for a first
violation, $50,000 for a second violation, and $100,000 for each subsequent violation, plus a separate violation
for each Medi-Cal member impacted.
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Legislation Details (With Text)
File #: Version:125-4569 Name:
Status:Type:Consent Item Passed
File created:In control:10/21/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Dayana Carcamo-Molina MD Inc., in the amount not to exceed $2,300,000 to provide specialty
gastroenterology medical services to patients at Contra Costa Regional Medical Center and Health
Centers for the period August 1, 2025 through July 31, 2028. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #76-544-7 with Dayana Carcamo-Molina MD Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of County
Contract #76-544-7 with Dayana Carcamo-Molina MD Inc.,a corporation,in an amount not to exceed
$2,300,000,to provide specialty gastroenterology medical services at Contra Costa Regional Medical Center
(CCRMC) and Contra Costa Health Centers for the period from August 1, 2025 through July 31, 2028.
FISCAL IMPACT:
Approval of this Contract will result in service expenditures of up to $2,300,000 over a three-year period and
will be funded by 100% Hospital Enterprise Fund I revenues.
BACKGROUND:
CCRMC and Contra Costa Health Centers have an obligation to provide specialty gastroenterology medical
services to patients at CCRMC and Contra Costa Health Centers.This Contractor has been part of the CCRMC
Provider Network providing gastroenterology services and fostering a deep understanding of the CCRMC’s
organizations, mission, values, and long-term objectives since August 1, 2016.
This Contract is entered into under and subject to the following legal authorities:California Government Code
§§26227 and 31000;Health and Safety Code §1451.Health Services Personnel approved this Contract to
ensure no conflicts with labor relations.CCRMC’s Quality Management,Utilization Management and Contract
Monitor Staff meet on a regular basis to ensure monitoring and performance measures in the Contract are
upheld.Per Administrative Bulletin 600.3 CCRMC Physician services are exempt from solicitation
requirements.
On July 26,2022,the Board of Supervisors approved Contract #76-544-6 with Dayana Carcamo-Molina MD
Inc.,in an amount not to exceed $1,890,000 to provide specialty gastroenterology medical services to patients
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Inc.,in an amount not to exceed $1,890,000 to provide specialty gastroenterology medical services to patients
at CCRMC and Contra Costa Health Centers, for the period August 1, 2022 through July 31, 2025.
Approval of Contract #76-544-7 will allow the Contractor to continue providing specialty gastroenterology
medical services to patients at CCRMC and Contra Costa Health Centers through July 31,2028.This Contract
delay was due to extended negotiation of contract terms between Contractor and Division.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved,certain specialized gastroenterology medical services will not be provided and
may cause a delay in services to patients at CCRMC and Contra Costa Health Centers.
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Legislation Details (With Text)
File #: Version:125-4570 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a grant and
execute any necessary documents with the California Department of Resources Recycling and
Recovery, to pay the County an amount not to exceed $500,000 to perform enforcement, compliance
and surveillance activities for the Environmental Health Waste Tire Enforcement Program for the
period June 30, 2026 through September 30, 2027. (No County match)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Submission of Grant Application #28-759-35 to the California Department of Resources
Recycling and Recovery (CalRecycle)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE The Health Services Department Director, or Designees (Deputy Director of
Health Services, Director of Environmental Health, or Assistant Director of Health Services), to apply for a
Grant (TEA-33) and sign and execute any necessary documents associated with this grant application, to the
California Department of Resources Recycling and Recovery (CalRecycle) to pay the County an amount not to
exceed $500,000, for the local government Waste Tire Enforcement Program, for the period from June 30, 2026
through September 30, 2027.
FISCAL IMPACT:
Approval of this application could result in revenues of up to $500,000 from CalRecycle for the Environmental
Health Waste Tire Enforcement Program. The funds are allocated and available from CalRecycle for grants to
solid waste Local Enforcement Agencies (LEA) and cities and counties with regulatory authority within the city
and county government to perform enforcement/compliance and surveillance activities at waste tire facilities.
No County match is required.
BACKGROUND:
Contra Costa Environmental Health/General Programs is the solid waste LEA for the entire County, including
all incorporated cities except for the City of Pittsburg. CalRecycle has been delegated the responsibility for the
administration of the program within the state, setting up necessary procedures governing application by cities
and counties under the program. Since 2007, Contra Costa County has demonstrated it has sufficient staff
resources, technical expertise, and/or experience to carry out the proposed program. The Program allows the
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County to monitor and reduce illegal waste tire practices, educate and enforce proper waste tire management
and assist in reducing potential vector problems and prevention of tire fires and otherwise protecting public
health safety.
Approval to submit Application #28-759-35 will allow Contra Costa County Environmental Health Services to
apply for funds to continue implementing the Environmental Health Waste Tire Enforcement Program in the
Health Services Department, through September 30, 2027.
CONSEQUENCE OF NEGATIVE ACTION:
If this grant application is not approved, the County will not receive funds to monitor and reduce illegal waste
tire practices, educate and enforce proper waste tire management throughout the County, assist in reducing
potential vector problems and prevent tire fires, nor protect public health and safety.
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Legislation Details (With Text)
File #: Version:125-4571 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Relias LLC, in an amount not to exceed $173,192 to provide behavioral health training software,
support and maintenance services for Contra Costa Health's Behavioral Health Services Division for
the period July 1, 2025 through June 30, 2027. (100% Mental Health Services Act)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #74-679-1 with Relias LLC
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County an
Order Form (County Contract #74-679-1)with Relias LLC,a limited liability company,in an amount not to
exceed $173,192 to provide behavioral health compliance and performance training software and support for
the period from July 1,2025 through June 30,2027 for Contra Costa Health Behavioral Health Services
(CCBHS).
FISCAL IMPACT:
This Contract will result in contractual service expenditures of up to $173,192 over a 2-year period and will be
funded 100% by Mental Health Services Act (MHSA) funds.
BACKGROUND:
This Contract meets the needs of the County by executing a formal agreement for CCBHS’renewal of the
Relias Learning Management System (LMS).The LMS allows CCBHS to automate processes to provide,
monitor,track,and report compliance to the California Department of Health Care Services (DHCS),including
staff-mandated training compliance regarding the Health Insurance Portability and Accountability Act (HIPAA)
and cultural humility,adhering to statutory requirements including the Behavioral Health Information Notice
(BHIN)22-064,Welfare and Institutions Code Section 14132.57,and the American Rescue Plan Act of 2021
(H.R. 1319); allowing staff direct access to the Relias electronic LMS to complete the required training.
The LMS also provides training to CCBHS and contracted Community-Based Organization (CBO)agency staff
to fulfill licensing and continuing education requirements and meet criteria set by various behavioral health
licensing boards,to track training compliance in other areas such as 5150/Lanterman-Petris-Short Act
procedures,State mandated Crisis Training for staff working in the Anyone,Anywhere,Anytime (A3)Miles
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procedures,State mandated Crisis Training for staff working in the Anyone,Anywhere,Anytime (A3)Miles
Hall Crisis Call Center,and training related to billing procedures for Medi-Cal,particularly with the
implementation of California Advancing and Innovating Medi-Cal (CalAIM),while affording the ability to
create internal training specific to CCBHS,such as new employee orientation,cybersecurity,and billing
procedures with modules accredited by licensing boards such as the California Board of Registered Nursing,
California Board of Behavioral Sciences,American Psychological Association,California Association of Drug
Educators,California Association of DUI Treatment Programs,and California Consortium of Addiction
Program & Professionals.
CCBHS began issuing purchase orders to Relias for its LMS in 2013 for its extensive online library of virtual
pre-recorded training tailored to the behavioral health field,automated reminder function,and the ability to
automate reoccurring reports.This Contractor was approved by the Public Works Department’s Purchasing
Division on June 11,2025.CCBHS will monitor measurable service contract deliverables regarding its access
to the software maintenance and support services in compliance with Section III(B)(7)of the Purchasing Policy.
Contra Costa Health Personnel approved this contract renewal to ensure no conflict with labor relations.
On August 1,2023,the Board of Supervisors approved the Mental Health Services Act Three-Year Program
and Expenditure Plan,Fiscal Years 2023-2026,that included a Workforce Education and Training (WET)
component,to expand training and outlined the need for specialized training due to the implementation of
CalAIM.Training expansion efforts for CalAIM include CCBHS and CBO staff and caused the need for more
virtual seats in the LMS to train staff on new billing processes.Funds approved in the Mental Health Services
Act Three-Year Program and Expenditure Plan,Fiscal Years 2023-2026,were allocated for WET to support
these training needs for CalAIM.
Under this Contract #74-679-1,the parties will execute an Order Form under the July 2023 Master Services
Agreement (MSA)obligating the County to indemnify Relias for violation of the acceptable use provisions,
confidentiality,infringement of a third party's intellectual property rights,and County’s use or reliance on the
services and provided content.Relias'liability under the contract is limited to the fees paid during the twelve
months preceding the claim, excluding its indemnification and confidentiality obligations under the MSA.
Approval of Contract #74-679-1 will allow the Contractor to provide services through June 30,2027.The
Division is requesting a retroactive effective date due to an administrative oversight caused by staffing
vacancies.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved,CCBHS will lose its subscription to the LMS,causing non-compliance with
training housed in the LMS,such as HIPAA and cultural humility training.Additionally,County and CBO staff
will lose access to training regarding the new billing processes required under the CalAIM implementation.
CCBHS may lose funding,as staff would not be trained in the most recent billing processes,making it difficult
to be reimbursed for Medi-Cal services.
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Legislation Details (With Text)
File #: Version:125-4572 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Robert Buckley, M.D., in an amount not to exceed $750,000 to provide orthopedic services at Contra
Costa Regional Medical Center and Health Centers for the period November 9, 2025 through
November 8, 2028. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract #26-774-11 with Robert Buckley, M.D.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County,
Contract #26-774-11 with Robert Buckley,M.D.,an individual,in an amount not to exceed $750,000,to
provide orthopedic services at Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health
Centers, for the period November 9, 2025 through November 8, 2028.
FISCAL IMPACT:
This Contract will result in contractual service expenditures of up to $750,000 over a 3-year period and will be
funded 100% by Hospital Enterprise Fund I revenues.
BACKGROUND:
Due to the limited number of specialty providers available within the community,CCRMC and Contra Costa
Health Centers rely on contractors to provide necessary specialty health services to their patients.CCRMC has
been contracting with Robert Buckley, M.D., since July 2014 to provide orthopedic services.
This Contract is entered into under and subject to the following legal authorities:California Government Code
§§26227 and 31000;Health and Safety Code §1451.This Contract was approved by Health Services
Personnel to ensure there is no conflict with labor relations.CCRMC’s Quality Management,Utilization
Management and Contract Monitor Staff meet on a regular basis to ensure monitoring and performance
measures in the Contract are upheld.Per Administrative Bulletin 600.3 the Contractor provides physician
services and is exempt from solicitation requirements.
On November 8,2022,the Board of Supervisors approved Contract #26-774-9 with Robert Buckley,M.D.,in
an amount not to exceed $750,000,for the provision of orthopedic services at CCRMC and Contra Costa
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an amount not to exceed $750,000,for the provision of orthopedic services at CCRMC and Contra Costa
Health Centers, for the period November 9, 2022 through November 8, 2025.
On February 27,2024,the Board of Supervisors approved Contract Amendment #26-774-10 with Robert
Buckley,M.D,effective March 1,2024,to modify the rate for orthopedic clinic coverage at CCRMC and
Contra Costa Health Centers,with no change in the payment limit of $750,000 or term ending November 8,
2025.
Approval of Contract #26-774-11 will allow the Contractor to continue providing orthopedic services through
November 8, 2028.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract is not approved,the necessary specialty orthopedic services needed for patient care will not be
available or will create increased wait times due to the limited number of specialty providers available within
the community.
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Legislation Details (With Text)
File #: Version:125-4573 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with American Red Cross, to provide additional total blood and blood component
products and associated services for patients at the Contra Costa Regional Medical Center and
Health Centers with no change in the payment limit of $2,000,000 or term ending June 30, 2027.
(100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #26-338-31 with American Red Cross
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract Amendment (Addendum #2)#26-338-31 with American Red Cross,a non-profit corporation,to
amend Contract #26-338-29 (as amended by Contract Amendment Addendum #1,#26-338-30),effective July
1,2025,to provide additional total blood and blood component products and associated services for patients at
the Contra Costa Regional Medical Center (CCRMC)and Contra Costa Health Centers with no change in the
payment limit of $2,000,000 or term ending June 30, 2027.
FISCAL IMPACT:
This Contract Amendment will result in no change in the original budgeted expenditure of up to $2,000,000 and
is funded 100% by Hospital Enterprise Fund I revenues. (Additional rates)
BACKGROUND:
CCRMC has been contracting with the American Red Cross since 1998 for their expertise in providing total
blood and blood component products and associated services as needed for patients at CCRMC and Contra
Costa Health Centers.These contracted services were determined to be exempt from Administrative Bulletin
600.3 solicitation requirements by the Public Works Department’s Purchasing Division.
On June 25,2024,the Board of Supervisors approved Contract #26-338-29 with American Red Cross,in an
amount not to exceed $2,000,000 for the provision of total blood and blood component products and services
associated as needed for CCRMC and Contra Costa Heath Center patients for the period July 1,2024 through
June 30,2027.This Agreement includes a mutual indemnification provision that requires each Party to defend,
hold harmless and indemnify the other party against any legal liability (including reasonable attorneys'fees)
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with respect to bodily injury,death,and property damage arising from the negligent acts or omissions of the
indemnifying party.This Agreement also requires that the County indemnify the Contractor for any loss arising
from the County’s use of inappropriate tubes in collection and/or supply of blood samples.Lastly,the
Agreement requires that the parties resolve disputes arising out of the Agreement through arbitration.
On March 25,2025,the Board of Supervisors approved Contract Amendment #26-338-30 with American Red
Cross,effective March 1,2025,to include rates for total blood and blood component products and associated
services as needed for CCRMC and Contra Costa Heath Center patients with no change in the payment limit
$2,000,000 or term ending June 30, 2027.
Approval of Contract Amendment #26-338-31 will allow the Contractor to provide additional blood services
through June 30,2027.The delay of this amendment was due to ongoing negotiations with the Division and
Contractor.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved,Contractor will not be able to provide additional blood services
benefiting patients at CCRMC and Contra Costa Health Centers.
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Legislation Details (With Text)
File #: Version:125-4574 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Peter A. Castillo, M.D., Inc., to provide additional urogynecology services at Contra
Costa Regional Medical Center and Health Centers with no change in the payment limit of $600,000
or term ending November 30, 2026. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #26-786-11 with Peter A. Castillo, M.D., Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract Amendment #26-786-11 with Peter A.Castillo,M.D.,Inc.,a corporation,effective October 1,2025,to
amend Contract #26-786-10,to provide additional urogynecology services at Contra Costa Regional Medical
Center (CCRMC)and Contra Costa Health Centers with no change in the payment limit of $600,000 or term
ending November 30, 2026.
FISCAL IMPACT:
Approval of this Contract Amendment will result in no change to the original budgeted expenditure of up to
$600,000 and is funded 100% by Hospital Enterprise Fund I revenues. (No rate increase)
BACKGROUND:
Due to the limited number of specialty providers available within the community,CCRMC and Contra Costa
Health Centers relies on contractors to provide necessary specialty health services to its patients.Contractor
will provide urogynecology services including,but not limited to:clinic coverage,consultation and on-call
coverage.CCRMC has been contracting with Peter A.Castillo,M.D.,Inc.,since December 2014 to provide
urogynecology services including administrative duties and medical and/or surgical procedures at CCRMC and
Contra Costa Health Centers.
This Contract is entered into under and subject to the following legal authorities:California Government Code
§§26227 and 31000;Health and Safety Code §1451.Health Services Personnel approved this contract to
ensure no conflicts with labor relations.CCRMC’s Quality Management,Utilization Management and Contract
Monitor Staff meet on a regular basis to ensure monitoring and performance measures in the Contract are
upheld.Per Administrative Bulletin 600.3,CCRMC Physician services are exempt from Solicitation
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upheld.Per Administrative Bulletin 600.3,CCRMC Physician services are exempt from Solicitation
requirements.
On March 11,2025,the Board of Supervisors approved Contract #26-786-10 with Peter A.Castillo,M.D.,Inc.,
in an amount not to exceed $600,000,for the provision of urogynecology services at CCRMC and Contra Costa
Health Centers, for the period December 1, 2024 through November 30, 2026.
Approval of Contract Amendment #26-786-11 will allow the Contractor to provide additional urogynecology
services through November 30,2026.The delay of this Contract Amendment was due to a late submittal of
amendment request as a result of a change in contract staff at CCRMC.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved the necessary urogynecology services needed for patient care will
not be available or will create increased wait times due to the limited number of specialty providers available
within the community.
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Legislation Details (With Text)
File #: Version:125-4575 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Hill-Rom Company, Inc., to increase the payment limit by $160,000 to an amount not
to exceed $351,884 for additional preventative maintenance and repair services for specialty beds at
Contra Costa Regional Medical Center with no change in the term ending January 31, 2027. (100%
Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #76-832-2 with Hill-Rom Company, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute on behalf of the County
Contract Amendment #76-832-2 with Hill-Rom Company,Inc.,a corporation,effective September 1,2025,to
amend Contract #76-832 (as amended by Contract Amendment #76-832-1),to increase the payment limit by
$160,000 from $191,844 to a new payment limit of $351,884,for additional preventative maintenance and
repair services for specialty beds at Contra Costa Regional Medical Center (CCRMC)with no change in the
term ending January 31, 2027.
FISCAL IMPACT:
Approval of this Contract Amendment will result in additional expenditures of up to $160,000 funded 100%by
Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
Contractor will provide preventative maintenance and repair of specialty hospital beds and be responsible for
the quality,technical accuracy,completeness and coordination of such services at CCRMC and Contra Costa
Health Centers.These specialty hospital beds include a system that monitors patient vital signs such as patients’
heart and respiratory rates via bed sensors.The built-in censors provide seamless compatibility with CCRMC
workflows on patient monitoring.The sensors sit under the mattress,do not attach to the patient,and check
vital signs one-hundred (100)times a minute and alert staff to any possible issues.The County has been
contracting with the Contractor since February 2024 to provide preventative maintenance and repair services.
This Contract is entered into under and subject to the following legal authorities:California Government Code
§§26227 and 31000.Health Services Personnel approved this Contract to ensure no conflicts with labor
relations.CCRMC’s Quality Management,Utilization Management and Contract Monitor Staff meet on aCONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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relations.CCRMC’s Quality Management,Utilization Management and Contract Monitor Staff meet on a
regular basis to ensure monitoring and performance measures in the Contract are upheld.This Contractor has
been approved by the Public Works Department’s Purchasing Division on September 20, 2023.
On February 27,2024,the Board of Supervisors approved Contract #76-832 with Hill-Rom Company,Inc.,in
an amount not to exceed $161,844,for the provision of preventative maintenance and repair services for
specialty beds at CCRMC, for the period February 1, 2024 through January 31, 2027.
On April 28,2025,the Board of Supervisors approved Contract Amendment #76-832-1 with Hill-Rom
Company,Inc.,effective February 1,2025,to increase the payment limit by $30,000 to a new payment limit of
$191,884,for additional preventative maintenance and repair services for specialty beds at CCRMC with no
change in the term ending January 31, 2027.
Approval of Contract Amendment #76-832-2 will allow the Contractor to provide preventative maintenance
and repair services for additional specialty beds at CCRMC through January 31,2027.The delay of this
Contract Amendment was due to an oversignt of twenty-five (25)additonal specialty beds needing repairs after
the Contract was already executed.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved,maintenance and repair services will not be made to additional
hospital beds requiring repairs and maintenance and will not be available for patients when needed.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4576 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Deann Lott, LCSW, to provide specialized care to beneficiaries who are dually
eligible for Medicare and Medi-Cal under the Dual Eligible Special Needs Plan (D-SNP) and offer care
coordination and wrap-around services with no change in the payment limit of $300,000 or term
ending July 31, 2026. (100% Contra Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #77-672-1 with Deann Lott, LCSW
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment #77-672-1 with Deann Lott, LCSW, a sole proprietor, to amend Contract #77-672,
effective January 1, 2026, to include the Dual Eligible Special Needs Plan (D-SNP) authorizing Contractor to
provide specialized care to beneficiaries who are dually eligible for Medicare and Medi-Cal and offer care
coordination and wrap-around services with no change in the payment limit of $300,000 or term ending July
31, 2026.
FISCAL IMPACT:
Approval of this Contract Amendment will not impact the payment limit of $300,000 funded 100% by CCHP
Enterprise Fund II revenues.
BACKGROUND:
CCHP has an obligation to provide certain behavioral health services - therapy and bariatric evaluations for its
members under the terms of their Individual and Group Health Plan membership contracts with the county. This
Contract is entered into under and subject to the following legal authorities: California Government Code §§
26227 and 31000; Health and Safety Code § 1451. Health Services Personnel approved this contract to ensure
no conflicts with labor relations. Contractor will cooperate with and participate in CCHP’s Quality
Management Program which consists of quality improvement activities to improve the quality of care and
services and member experience. Cooperation includes collection and evaluation of performance measurement
data and participation in the organization’s clinical and service measure Quality Improvement Programs. These
contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements
by the Public Works Department’s Purchasing Division.
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On July 23, 2024, the Board of Supervisors approved Contract #77-672 with Deann Lott, LCSW, in an amount
not to exceed $300,000 to provide behavioral health therapy services and bariatric evaluations for CCHP
members and County recipients for the period August 1, 2024 through July 31, 2026.
Approval of Contract Amendment #77-672-1 will allow Contractor to provide D-SNP specialized care to
beneficiaries who are dually eligible for Medicare and Medi-Cal through July 31, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved, CCHP will not be compliant with Center for Medicare and
Medicaid Services (CMS) Network Adequacy regulatory requirements.
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Legislation Details (With Text)
File #: Version:125-4577 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Tampico Healthcare Center, LLC, to provide specialized care to beneficiaries who
are dually eligible for Medicare and Medi-Cal under the Dual Eligible Special Needs Plan (D-SNP) and
offer care coordination and wrap-around services with no change in the payment limit of $16,000,000
or term ending December 31, 2026. (100% Contra Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Contract Amendment #77-377-6 with Tampico Healthcare Center, LLC
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Amendment #77-377-6 with Tampico Healthcare Center, LLC, a limited liability company, to amend
Contract #77-377-5, effective January 1, 2026, to include the Dual Eligible Special Needs Plan (D-SNP)
authorizing Contractor to provide specialized care to beneficiaries who are dually eligible for Medicare and
Medi-Cal and offer care coordination and wrap-around services with no change in the payment limit of
$16,000,000 or term ending December 31, 2026.
FISCAL IMPACT:
Approval of this Contract Amendment will not impact the payment limit of $16,000,000 funded 100% by
CCHP Enterprise Fund II revenues.
BACKGROUND:
CCHP has an obligation to provide certain behavioral health services - therapy and bariatric evaluations for its
members under the terms of their Individual and Group Health Plan membership contracts with the county. This
Contract is entered into under and subject to the following legal authorities: California Government Code §§
26227 and 31000; Health and Safety Code § 1451. Health Services Personnel approved this contract to ensure
no conflicts with labor relations. Contractor will cooperate with and participate in CCHP’s Quality
Management Program which consists of quality improvement activities to improve the quality of care and
services and member experience. Cooperation includes collection and evaluation of performance measurement
data and participation in the organization’s clinical and service measure Quality Improvement Programs. These
contracted services were determined to be exempt from Administrative Bulletin 600.3 solicitation requirements
by the Public Works Department’s Purchasing Division.
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On January 14, 2025, the Board of Supervisors approved Contract #77-377-5 with Tampico Healthcare Center,
LLC, in an amount not to exceed $16,000,000 to provide skilled nursing facility services to Contra Costa
Health Plan members and County recipients for the period January 1, 2025 through December 31, 2026.
Approval of Contract Amendment #77-377-6 will allow Contractor to provide D-SNP specialized care to
beneficiaries who are dually eligible for Medicare and Medi-Cal through December 31, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
If this Contract Amendment is not approved,CCHP will not be compliant with Center for Medicare and
Medicaid Services (CMS) Network Adequacy regulatory requirements.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4578 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:RATIFY the September 24, 2024 execution of an Agreement with Mitratech Trakstar, Inc., and
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute an amendment with
Mitratech Trakstar, Inc., in an amount not to exceed $68,750 for a hosted emergency medical
technician and paramedic licensing software system for the period November 15, 2024 through
November 14, 2027. (100% Measure H Funding)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Ratify the Execution of Trakstar Agreement with Mitratech Trakstar, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the Health Services Administrator’s September 24,2024,execution of an Agreement with Mitratech
Trakstar,Inc.,and APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute on behalf of the
County Contract Amendment to Order Form (County Contract #23-874)with Mitratech Trakstar,Inc.,in an
amount not to exceed $68,750 for a hosted Emergency Medical Technician (EMT)and paramedic licensing
software system, for the period November 15, 2024 through November 14, 2027.
FISCAL IMPACT:
This Contract Amendment will result in contractual service expenditures of up to $68,750 over a 3-year period
and will be funded 100% Measure H Funding.
BACKGROUND:
Mitratech Trakstar is used by the Contra Costa Health Department’s Emergency Medical Services (EMS)
Division to provide essential training for EMTs and paramedics,allowing managers to track employees'
progress efficiently.
On November 5,2020,the initial purchase order was issued to Applied Training Systems,Inc.(now known as
Mitratech Trakstar,Inc.)for a one (1)year software subscription for a hosted EMT and paramedic licensing
software system.It was then superseded by a purchase order that was issued on September 29,2021,to cover a
3-year term from November 15, 2021 through November 14, 2024.
Under the Trakstar Agreement,the County is obligated to defend,indemnify and hold the Contractor and its
officers,directors,employees,agents,affiliates,licensors,distributors,and resellers harmless against any loss,
damage,expense,or cost,including reasonable attorney’s fees,arisings out of a claim,demand,proceeding,orCONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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damage,expense,or cost,including reasonable attorney’s fees,arisings out of a claim,demand,proceeding,or
lawsuit by a third party out of County’s breach of its representation,warranties and covenants.Additionally,
Contractor’s liability is limited to one time (1x)the subscription fee paid by County for the contract year in
which the cause of action first arose.The Division is requesting a retroactive effective date due to delays caused
by contractor initaited documenation and policy changes.
Approval of Contract Amendment to Order Form (County Contract #23-874),with Mitratech Trakstar,Inc.will
allow for a continuation of training for EMTs and paramedics through November 14,2027.This Contract
Amendment was delayed due to County not receiving the necessary documents until October 17, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this contract will cause annual competency recertification to be put on hold. If individual
staff orientation and annual competency recertifications are not completed, staff will be out of compliance with
regulatory agencies which affect licensure and Contra Costa Health’s deprtment policies, procedures, and job
requirements.
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1025 ESCOBAR STREET
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Legislation Details (With Text)
File #: Version:125-4579 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with The
Regents of the University of California, on behalf of the University of California, San Francisco, in an
amount not to exceed $600,000 to provide neonatology administrative and on-call services at Contra
Costa Regional Medical Center and Health Centers for the period November 1, 2025 through October
31, 2028. (100% Hospital Enterprise Fund I)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Agreement #76-940 with the Regents of the University of California, on behalf of the University
of California, San Francisco
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director,or designee,to execute,on behalf of the County,
Agreement #76-940 with the Regents of the University of California,a non-profit corporation,on behalf of the
University of California,San Francisco (UCSF),in an amount not to exceed $600,000,to provide neonatology
administrative and on-call services at Contra Costa Regional Medical Center (CCRMC)and Contra Costa
Health Centers, for the period November 1, 2025 through October 31, 2028.
FISCAL IMPACT:
Approval of this Agreement will result in annual budgeted expenditures of up to $600,000 over a three-year
period and will be funded 100% by Hospital Enterprise Fund I revenues.
BACKGROUND:
Contractor will provide neonatology administrative and on-call services at CCRMC and Contra Costa Health
Centers.Contractor’s physicians shall perform services in accordance and comply with all applicable laws,
regulations and policies of all government authorities relating to CCRMC,including all applicable hospital and
licensure and reimbursement laws,regulations and policies;The Joint Commission standards and
recommendations;CCRMC policies and rules;CCRMC medical bylaws,rules and policies;and the terms of
the Agreement.
Under new Agreement #76-940,the Contractor will provide neonatology administrative and on-call services at
CCRMC and Contra Costa Health Centers for the period November 1,2025 through October 31,2028.This
Agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the
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Agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the
performance of this Agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If this Agreement is not approved,CCRMC and Contra Costa Health Centers will not receive neonatology
administrative and on-call services needed for patient care.
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1025 ESCOBAR STREET
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Legislation Details (With Text)
File #: Version:125-4580 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the
City of Martinez, to pay County an amount not to exceed $55,000 to provide homeless outreach
services under the Coordinated Outreach, Referral and Engagement Program for the City of Martinez
for the period July 1, 2025 through June 30, 2026. (No County match)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Agreement #29-808-8 with the City of Martinez
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Agreement #29-808-8 with the City of Martinez, a government agency, to pay County an amount not to exceed
$55,000 to provide homeless outreach services under the Coordinated Outreach, Referral and Engagement
(CORE) Program for the City of Martinez for the period July 1, 2025 through June 30, 2026.
FISCAL IMPACT:
Approval of this Agreement will result in County receiving funds in an amount not to exceed $55,000 from the
City of Martinez to provide homeless outreach services. No County match is required.
BACKGROUND:
The CORE team serves as an entry point into the County’s Coordinated Entry System for unsheltered persons
and works to locate, engage, stabilize and house chronically homeless individuals and families. The CORE
Program provides homeless outreach services aimed at identifying homeless individuals, youth and families
living without shelter and in locations not meant for human habitation. County has been contracting with the
City of Martinez for homeless outreach services since August 2017.
On October 22, 2024, the Board of Supervisors approved Agreement #29-808-7 with City of Martinez to pay
County in an amount not to exceed $140,733 to provide homeless outreach services under the CORE program
for the period July 1, 2024 through June 30, 2025.
Approval of Agreement #29-808-8 will allow County to receive funds and continue providing homeless
outreach services through June 30, 2026. This Agreement includes County and City of Martinez mutually
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agreeing to defend, indemnify and hold harmless each party for any claims arising out of or related to services
provided under this Agreement. This Agreement is delayed due to the division not receiving the agreement from
the City of Martinez until August 6, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this Agreement is not approved, County will not receive funding to provide CORE program services for the
City of Martinez.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4581 Name:
Status:Type:Consent Item Passed
File created:In control:10/27/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment
with Contra Costa County Fire Protection District, to extend the term end date from December 31,
2025 to December 31, 2027 for continuation of emergency ambulance services in Emergency
Response Areas (ERA) I, II and V. (No rate change)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Extension #23-585-2 with Contra Costa Fire Protection District
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County
Contract Extension Agreement #23-585-2 with Contra Costa County Fire Protection District, to extend the
termination date from December 31, 2025 to December 31, 2027 for continuation of exclusive provision of
emergency ambulance services in Emergency Response Areas (ERA) I, II and V.
FISCAL IMPACT:
There is no increase in the rates set forth in the contract.
BACKGROUND:
On November 17, 2015, the Board of Supervisors approved Contract #23-585 with the Contra Costa Fire
Protection District to provide advanced life support (ALS) emergency ambulance services within ERAs I, II,
and V, for the period January 1, 2016 through December 31, 2020.
On May 12, 2020, the Board of Supervisors approved Contract amendment #23-585-1 to extend the term to
December 31, 2025, and authorized an increase in the emergency ambulance services transport rates.
On February 5, 2025 the Contra Costa EMS Agency (CCCEMSA) submitted the Board approved Request for
Proposal (RFP) to the State EMS Authority. The State EMS Authority has not approved the submitted RFP
which delays implementation of a local procurement process and necessitates an extension of the current
contract for emergency ambulance service in ERAs I, II, and V.
Approval of #23-585-2 will allow the Health Services Department to extend the contract termination date to
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December 31, 2027 with no changes to the rates.
CONSEQUENCE OF NEGATIVE ACTION:
If this extension is not approved, the County will not have a contract for required emergency ambulance service
in ERAs I, II, and V.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4582 Name:
Status:Type:Consent Item Passed
File created:In control:9/15/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,
1999, and most recently approved by the Board on September 9, 2025 regarding the issue of
homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal
impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING
HOMELESSNESS
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999
regarding the issue of homelessness in Contra Costa County.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of
Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630
requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least
every 60 days until the local emergency is terminated. The Board of Supervisors last reviewed and continued
the emergency declaration on September 9, 2025.
With the continuing high number of homeless individuals and insufficient funding available to assist in
sheltering all homeless individuals and families, the emergency situation still exists and it is, therefore,
appropriate for the Board to continue the declaration of a local emergency regarding homelessness.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not taken,there will not be as much public awareness with regard to the issue of homelessness
in Contra Costa County.
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Legislation Details (With Text)
File #: Version:125-4584 Name:
Status:Type:Consent Item Passed
File created:In control:10/21/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:RATIFY the execution of a contract amendment with Public Health Foundation Enterprises, Inc. (dba
Heluna Health), to increase the amount payable to the County by $75,965 to an amount not to exceed
$222,999 for participation in the California Emerging Infections Program for the period September 1,
2024 through August 31, 2025, as recommended by the Health Services Director. (No County match)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:RATIFY execution of Grant Amendment #28-706-30 with Public Health Foundation Enterprises,
Inc. (dba Heluna Health)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the Health Services Director, or designee’s, October 22, 2025 execution of Grant Amendment #28-706
-30 with Public Health Foundation Enterprises, Inc. (dba Heluna Health), a nonprofit corporation, amending
Grant Agreement #28-706-29, to increase the amount payable to the County by $75,964.63, from $147,034.44
to a new amount not to exceed $222,999.07 for participation in the California Emerging Infections Program
(EIP)for the period from September 1, 2024 through August 31, 2025.
FISCAL IMPACT:
Approval of this Grant Amendment will result in receipt of an additional amount not to exceed $75,964.63 in
funding by the Food and Drug Administration Grant for the Emerging Infections Program through the Public
Health Foundation Enterprises, Inc. (No County match required)
BACKGROUND:
The National Antimicrobial Resistance Monitoring System (NARMS) for Enteric Bacteria was established in
1996 to monitor bacterial resistance, specifically, the resistance among Salmonella and other enteric bacteria.
The 17 participating state health departments forward every tenth human Salmonella isolate to Center for
Disease Control (CDC) for antimicrobial susceptibility testing.
The CDC is requesting that additional EIP sites participate in the study of foodborne bacteria. Such bacteria is
not uncommon and often is associated with the use of antimicrobial agents in food animals, especially in retail
food. This study will assist in generating a database that may be utilized to augment the development of
intervention programs to stem the high prevalence of antimicrobial resistance in the meal and poultry food
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supply. The goal of the study is to determine the prevalence of antimicrobial resistance among Salmonella,
Campylobacter, E.coli and enterococci isolated from a sample of chicken, ground turkey, ground beef and pork
chops purchased from selected grocery stores in the catchment area of the California EIP FoodNet site. This
will include samples collected from Contra Costa, Alameda and San Francisco County retail grocery stores.
On December 3, 2024, the Board of Supervisors approved Agreement #28-706-29 with Public Health
Foundation Enterprises, Inc. (dba Heluna Health) to pay County an amount not to exceed $141,065 for
participation in the California EIP Program for the period September 1, 2024 through August 31, 2025. This
agreement includes mutual indemnification and limitation of liability provisions.
Ratifying the execution of Grant Amendment #28-706-30 will allow County to receive additional funding to
support the EIP Retail Foods Project, through August 31, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this Grant Amendment is not ratified the County will lose funding in an amount up to $75,965 for the EIP
Retail Foods Project.
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MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4585 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:RATIFY the issuance of 30-day advance written notice to Noel T.D. Chiu, M.D., A Medical Corporation
(dba Diablo Dermatology), to terminate contractual obligations for the provision of dermatology
services for Contra Costa Health Plan members and County recipients effective at the end of
business on November 9, 2025, as recommended by the Health Services Director. (100% Contra
Costa Health Plan Enterprise Fund II)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Grant Colfax, Health Services Director
Report Title:Ratify the issuance of 30-day advance written notice to terminate Contract #27-640-12 with
Noel T.D. Chiu, M.D., A Medical Corporation (dba Diablo Dermatology)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the October 10, 2025 action of the Health Services Director’s designee (Irene Lo, M.D, FACS), who
issued a 30-day advance written notice to Noel T.D. Chiu, M.D., A Medical Corporation (dba Diablo
Dermatology), a corporation, to terminate Contract #27-640-11, for the provision of dermatology services for
Contra Costa Health Plan (CCHP) Members and County recipients, effective at the end of business on
November 9, 2025.
FISCAL IMPACT:
There is no additional fiscal impact for this action. This Contract was fully funded by CCHP Enterprise Fund II
revenues.
BACKGROUND:
CCHP has an obligation to provide certain dermatology services to its members under the terms of their
Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the
CCHP Provider Network providing dermatology services and fostering a deep understanding of the CCHP
organization’s mission, values, and long-term objectives since February 1, 2007.
This Contract is entered into under and subject to the following legal authorities: California Government Code
§§ 26227 and 31000; Health and Safety Code § 1451. Health Services Personnel approved this Contract to
ensure no conflicts with labor relations. Contractor currently cooperates with and participates in CCHP’s
Quality Management Program which consists of quality improvement activities to improve the quality of care
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and services and member experience. Cooperation includes collection and evaluation of performance
measurement data and participation in the organization’s clinical and service measure Quality Improvement
Programs. Per Administrative Bulletin 600.3, CCHP Physician Services are exempt from solicitation
requirements.
On January 9, 2024, the Board of Supervisors approved Contract #27-640-11 with Noel T.D. Chiu, M.D., A
Medical Corporation (dba Diablo Dermatology), in an amount not to exceed $2,700,000, for the provision of
dermatology services for CCHP members and County recipients, for the period February 1, 2024, through
January 31, 2027.
Approval by the Board of Supervisors will ratify the actions of the CCH issuing a 30-day advance written
notice to the Contractor, in accordance with General Conditions, Paragraph 5. (Termination), that the Contract
is terminated effective at the end of business on November 9, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved the termination notice issued by Health Services Department staff would not be
ratified by the Board of Supervisors.
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Legislation Details (With Text)
File #: Version:125-4634 Name:
Status:Type:Consent Item Passed
File created:In control:3/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Position Adjustment Resolution No. 26478 to reallocate the salary of the Chief Operations
Officer - Exempt (VWD1) classification to a five-step (5-step) salary plan with five percent (5%)
increments between steps at salary plan and grade BL8 2449 ($23,500 - $28,564) in the Health
Services Department. (Cost increase - Hospital Enterprise Fund I and Contra Costa Health Plan
Enterprise Fund II)
Attachments:1. PAR 26478.pdf
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Dr. Ori Tzvieli, Interim Health Services Director
Report Title:Reallocate the salary of the Chief Operations Officer - Exempt (VWD1) classification in the
Health Services Department
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26478 to reallocate the salary of the Chief Operations Officer - Exempt
(VWD1) classification to a five-step (5-step) salary plan with five percent (5%) increments between steps at salary plan
and grade BL8 2449 ($23,500 - $28,564) in the Health Services Department.
FISCAL IMPACT:
This action will incur an additional annual cost of $170,031.97, including $24,839.91 in pension costs.
BACKGROUND:
Contra Costa Health (CCH) is actively implementing significant systemwide changes aimed at enhancing
transparency, modernization, and overall quality within its operations. These efforts are driven by CCH’s
commitment to building a health department capable of effectively navigating the evolving structural,
economic, and policy landscape shaping healthcare in California and across the nation. Recent vacancies and
retirement announcements among key CCH leadership have further underscored the need to address leadership
capacity promptly.
There are currently two Chief Operations Officer (COO) positions within CCH - one assigned to the Contra
Costa Regional Medical Center and Health Centers, and the other to the Contra Costa Health Plan division.
Each position is responsible for overseeing the administration and operational management of its respective
division. The base salary for the COO classification is presently a single-step salary plan of $236,900.64
annually.
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At CCH’s request, Human Resources conducted a comprehensive salary study of the Chief Operations Officer-
Exempt (COO) classification, comparing compensation data across the nine Bay Area counties. The study
identified a significant market disparity, with the County’s COO salary approximately 31% below both the
median and mean of comparable positions in other county hospitals and health plans. This discrepancy has
adversely affected recruitment efforts, resulting in prolonged vacancies for these critical leadership roles. Based
on these findings, Human Resources recommends the salary be reallocated to match the market median, and
placement of the classification on a five-step salary range with 5% increments between each step. Aligning the
salary with market standards is expected to strengthen CCH’s ability to attract and retain highly qualified
candidates for these essential leadership positions.
Additionally, due to the nature of their roles within the organization, all incumbents are expected to be available
to report to work at any time, including outside of their regular work hours. The classification of Chief
Operations Officer - Exempt will be removed from the list of classes eligible for on-call pay and call back pay
in the Unrepresented Management Benefits Resolution.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is disapproved, the department will continue to be unequipped to recruit for critical executive-
level positions in the competitive healthcare and community health industries.
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Legislation Details (With Text)
File #: Version:125-4635 Name:
Status:Type:Consent Item Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Position Adjustment Resolution No. 26528 to reclassify ten (10) Eligibility Worker II (X0SA)
positions and incumbents to Eligibility Worker III (X0NA) and correct the merit step placement for six
(6) Eligibility Worker III employees within the Employment and Human Services Department. (46%
Federal, 47% State, and 6% 2011 Realignment, and 1% County)
Attachments:1. PAR form for SSPA - EW IE 10.21.2025
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Marla Stuart, Employment and Human Services Director
Report Title:Reclassify ten Eligibility Worker II positions and incumbents to Eligibility Worker III, correct
the merit step placement for six Eligibility Worker III employees
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26528 to reclassify ten (10) to Eligibility Worker II (X0SA)
position and incumbents at salary plan and grade 255-1384 ($6,482.61 - $7,879.65) to Eligibility Worker III
(XONA) at salary plan and grade 255-1003 ($8,005.73 - $8,826.31), correct the merit step placement for six (6)
Eligibility Worker III employees.
FISCAL IMPACT:
Approval of this item will result in a cost increase of up to $268,008 annually and a cost increase of up to
$239,406 for FY 25-26, and will be funded by 1% County, 46% Federal, 6% 2011 Realignment and 47% State
funds.
BACKGROUND:
On September 16, 2025, the Board of Supervisors adopted Position Adjustment Resolution No. 26484 (Board
Order No. 25-3871), which retitled the Social Services Program Assistant (SSPA) classifications to the
Eligibility Worker (EW) series, established the Eligibility Worker III (XONA) classification, and reclassified all
incumbents in the former Employment and Human Services Program Integrity Assistant classification to
Eligibility Worker III. Although the Board action was approved in September, it was made effective
retroactively to July 1, 2025.
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Between July 1, 2025, and the Board approval date on September 16, 2025, ten (10) employees entered the
Eligibility Worker III classification. These employees were not included in the original action, as they were not
yet incumbents in the affected classifications.
Six (6) Eligibility Worker III employees received their merit increase after July 1, 2025, prior to being reflected
in the September 16, 2025, Board approval. This action corrects the merit step placement, ensuring they receive
the appropriate pay in accordance with their applicable salary.
This action will correct the record in the County’s personnel, payroll, and budget systems.
CONSEQUENCE OF NEGATIVE ACTION:
Should the proposed action not be approved by the Board of Supervisors, the County would result in
misalignment between job duties and classification titles, and potential disruptions in service delivery.
CHILDREN’S IMPACT STATEMENT:
This resolution supports four of Contra Costa County’s community outcomes of the Children’s Report Card”,
(1) "Children and Youth Healthy and Preparing for Productive Adulthood";
(2) "Families that are Economically Self-Sufficient";
(3) "Families that are Safe, Stable and Nurturing"; and
(4) "Communities that are Safe and Provide a High Quality of Life for Children and Families”
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Legislation Details (With Text)
File #: Version:125-4639 Name:
Status:Type:Consent Item Passed
File created:In control:10/6/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Position Adjustment Resolution No. 26520 to add seven Juvenile Institution Officer I
(represented) positions within the Probation Department. (71% General Fund, 29% Youthful Offender
Block Grant)
Attachments:1. PAR 26520_Probation_ADD 7.0 JIOs
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:Add Seven (7) Juvenile Institution Officer I Positions
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26520 to add seven (7) Juvenile Institution Officer I (7KWB)
(represented) positions at salary plan and grade VP5 1159 ($5,310.55 - $6,455.00) within the Probation
Department.
FISCAL IMPACT:
This action will be cost neutral to the department’s existing General Fund allocation as the permanent annual
salary and benefit cost increase of approximately $840,000 will have a respective cost decrease in overtime and
temporary salary costs. The cost shift will be realized as the permanent positions are filled. Five of the positions
will be funded by the department’s existing General Fund allocation and two of the positions will be fully
funded by the State Youthful Offender Block Grant. Overall ongoing cost will result in a 71% General Fund
and 29% State funded cost split.
BACKGROUND:
The Probation Department is seeing great success with recent recruitment and selection efforts and anticipates
filling the current Juvenile Institution Officer (JIO) vacancies by the end of this calendar year. While this will
help the department achieve minimum staffing standards in the Juvenile Hall, the department has determined
that these positions are insufficient to alleviate the increasing staffing needs, specifically those related to
treatment programming.
Probation’s position losses in 2024 from the countywide 18-month vacancy eliminations, included 16 full-time
Juvenile Institution Officers (JIOs). As the department has been working diligently to fill its vacant positions, it
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has determined it necessary to replenish a minimum of 12 JIO positions over the period of the current and
upcoming fiscal year. At this time, the department is requesting to add 7 full-time JIO positions, which will:
·Significantly reduce reliance on overtime for standard operation needs. Overtime costs are currently
costing the department approximately $300,000 each month, and this is expected to be redirected
toward the new full-time positions.
·Address unpredictable operational needs that require higher staffing ratios for high needs youth without
sole reliance on overtime, including high risk safety plans and close observation staffing.
·Allow an additional treatment unit to be opened to reduce capacity on the current Briones Youth
Academy Commitment Pathway unit, which will positively impact the level of intensive supervision,
treatment and care staff can provide through smaller group programming and likely result in earlier
program completion.
·Allow a female only unit to be opened to replace the co-ed unit, so gender specific and responsive needs
can be more adequately addressed for the emerging female population.
While the department is optimistic of the opportunities the 7 new positions will provide, it anticipates the need
for an additional 5 full-time JIOs in the coming fiscal year. Aware of the current federal funding uncertainties
and through discussions with the County Administrator’s Office regarding the uncertainty of those impacts on
operations countywide and to the General Fund, the department has postponed the request for the additional 5
JIOs. The department plans to instead include them as a position modification request through the FY 2026-27
budget development process, understanding there are no guarantees of funding to accommodate the request.
CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, the Probation Department will continue to rely heavily on costly overtime. Staffing shortages
will persist, limiting the Department’s ability to adequately respond to operational fluctuations and high-needs
youth, thereby increasing safety risks for both staff and youth.
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Legislation Details (With Text)
File #: Version:125-4636 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Position Adjustment Resolution No. 26526 to add two Librarian II (represented) positions to
the Library Department. (100% Library Fund)
Attachments:1. PAR 26526 - Add Two Librarian II positions to Library
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Ann Elliott, Human Resources Director
Report Title:Add two full-time (40/40) Librarian II (3AVD) positions to the Library Department
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26526 to add two full-time (40/40) Librarian II (3AVD)
(represented) positions to Org No. 3718 in Department 0620 - Library.
FISCAL IMPACT:
If filled by January 1, 2025, the total cost for this fiscal year is estimated at $140,000. The annual cost is
projected to be $280,150. There is no expected net budget impact as the added cost will be offset by savings
from contract termination.
BACKGROUND:
The Library’s main supplier of circulating materials, Baker and Taylor, has declared bankruptcy, meaning they
can no longer provide their contracted services such as cataloging and processing. These tasks require about 65
hours of work each week, which the Library’s current two-person cataloging team cannot handle alone.
Cataloging involves:
·Searching the library database for existing records
·Searching OCLC for existing records
·Downloading or creating title records
·Adding local fields to title records
·Determining classification and cuttering, the process of creating a Cutter number, which is a short
alphanumeric code used to arrange books on shelves alphabetically by author, title, or subject
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·Loading records into the library database
The County Librarian is requesting two additional Librarian II positions to address this issue and prepare for
other anticipated changes in department operations due to the loss of this supplier. The added staff would
enable the Library to order more frequently from a wider range of vendors, especially those who do not supply
catalog records, such as many LOTE (Languages Other Than English) vendors. It would also enable the
Library to better manage the expected decrease in print resources by increasing its electronic resource offerings.
CONSEQUENCE OF NEGATIVE ACTION:
If these positions are not approved, cataloging backlogs, limited vendor options, and unmet demand for
electronic resources will negatively impact on the Library's service.
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Legislation Details (With Text)
File #: Version:125-4586 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the County Probation Officer, to
execute a purchase order with Carahsoft Technology Corp. in an amount not to exceed $44,000 for
the annual purchase of a Salesforce database subscription and support for Public Safety Realignment
community programs, for the period October 24, 2025 through October 23, 2026. (100% 2011 Public
Safety Realignment, AB 109)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Esa Ehmen-Krause, County Probation Officer
Report Title:Purchase Order with Carahsoft Technology Corp. for Salesforce Database for AB109
Community Programs
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the County Probation Officer, to execute a
Purchase Order with authorized reseller Carahsoft Technology Corp. in an amount not to exceed $44,000 for
the annual purchase of a Salesforce database subscription and its support for the AB109 Community Programs
for the period from October 24, 2025 through October 23, 2026.
FISCAL IMPACT:
This software will be entirely funded by AB 109 Public Safety Realignment funding from the State.
BACKGROUND:
All AB 109 local community corrections public safety realignment Community Programs have utilized the
Salesforce database (called SAFE) for referrals to one another, to document activity, and for outcome reporting
to the Office of Reentry and Justice since July 2018 or before. By utilizing a shared system the Community
Programs have developed a Universal Release of Information that is stored in the SAFE database to facilitate
information sharing and case conferencing, allowing clients to receive necessary services in a more timely
fashion. The Salesforce environment has been modified to fit the specific needs of the department’s reentry
programs over the years. Significant financial and time investments have been made in the system and user
training. The purchase is subject to the terms of Salesforce’s Master Subscription Agreement, which includes an
indemnity provision from the County to Salesforce and a limitation of liability.
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CONSEQUENCE OF NEGATIVE ACTION:
If unapproved, the County’s AB 109 Community Programs will not have an operational database to track and
facilitate service referral and delivery information.
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Legislation Details (With Text)
File #: Version:225-4631 Name:
Status:Type:Consent Item Passed
File created:In control:8/29/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:RATIFY the Public Defender's execution of a rental agreement with terms and conditions with Quench
USA, Inc.,totaling up to $24,670 for the period June 28, 2022 through June 28, 2026, and APPROVE
and AUTHORIZE the Purchasing Agent, or designee to execute on behalf of the Public Defender a
purchase order in an amount not to exceed $5,155 for the rental and maintenance of five (5) water
dispensing machines for employee use, for the period June 28, 2025 through June 28, 2026. (100%
General Fund)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 2
To:Board of Supervisors
From:Ellen McDonnell, Public Defender
Report Title:Purchase Order with Quench USA, Inc. (Quench)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
RATIFY the Public Defender's execution of a rental agreement containing terms and conditions, with Quench
USA, Inc., totaling $24,670 for the period June 28, 2022 through June 28, 2026, and APPROVE and
AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public Defender a purchase order
with Quench USA, Inc. in an amount not to exceed $5,155 for the rental and maintenance of five (5) water
dispensing machines for employee use, for the period June 28, 2025 through June 28, 2026.
FISCAL IMPACT:
Approval will ratify financial approval for the use of up to $24,670 of the department’s General Fund
allocations, of which up to $5,155 will cover the last annual renewal cost, a contract term payment, and
removal fees for all 5 machines.
BACKGROUND:
The Public Defender entered into a rental agreement with Quench USA, Inc. from June 28, 2022 to June 28,
2026, for the rental and maintenance of water dispensing machines at various Office of the Public Defender
(CCPD) locations. CCPD selected Quench as they were identified as an approved vendor by one other county
department, and decided to obtain Quench’s services with the goal of providing safe, filtered drinking water for
staff.
Per the Board established policy Sales by Private Vendors in County Facilities and County Administrative
Bulletin No. 614:
·The purchase of water for employees is considered an essential commodity only in cases where health
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concerns have been established.
·If the County Health Department determines that the tap water in a County building is not safe to
consume, the County will pay for access to potable water or bottled drinking water to be delivered.
·If employees wish to have access to other water sources for other reasons (such as taste or convenience),
they may do so at their own personal expense.
When County staff choose to have access to water other than the potable water available at County facilities, it
is considered a personal expense and it is upon such staff to coordinate the purchase and individually or
collectively make the purchase through employees’ personal funds and completed separated from County
purchasing and procurement processes.
In 2022, the CCPD was unaware that these services and type of purchase required special approval and moved
forward with establishing the agreement with Quench. In 2025, the CCPD was informed that the purchase of
water for employee preference was not a County obligation, and realized that proper legal review and approval
was also not obtained to enter into an agreement with Quench USA, which includes an indemnification clause
requiring the County to defend, indemnify and hold harmless Quench from and against all claims and expenses
relating to the equipment and the agreement, unless due to intentional conduct. The Department is submitting
this board action to rectify its oversight of water provision policies and legal review of contracts with modified
indemnification language.
While this was recently discovered, the rental agreement prohibits early termination outside of the annual
renewal terms, and should the County decide to do so, an early termination fee would be imposed. CCPD has
therefore obligated the County by the terms of the signed agreement through June 28, 2026, and the County
Administrator’s Office has agreed that the continuation through June 28, 2026 is more cost effective than the
early termination costs.
The CCPD is therefore requesting Board approval to ratify the execution of the rental agreement and allow the
Purchasing Agent to issue a purchase order for the remaining costs, which will rectify the CCPD’s oversight.
Quench’s current invoices and the costs to return all leased equipment for the office locations below will total
approximately $5,155 and the location costs are as follows:
1.800 Ferry Street, Martinez - Two (2) Quench water dispensing machines - in an amount not exceeding
$136/month
2.627 Ferry Street, Martinez - One (1) Quench water dispensing machine - in an amount not exceeding
$68/month
3.3811 Bissell Avenue, Richmond - One (1) Quench water dispensing machine - in an amount not
exceeding $68/month
4.2020 N. Broadway, Suite 208, Walnut Creek - One (1) Quench water dispensing machine - in an amount
not exceeding $68/month
At this time CCPD will not pursue water testing through the County’s Risk Management and/or Health Services
Department and will instead discontinue services once the term agreement ends on June 30, 2026.
CONSEQUENCE OF NEGATIVE ACTION:
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CCPD will be unable to satisfy all costs and termination fees associated with services provided by Quench
USA, Inc. as stated in terms and conditions of binding agreement entered on June 28, 2022, between CCPD and
Quench USA, Inc. for all water dispensing machines. Services will terminate indefinitely on June 28, 2026.
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Legislation Details (With Text)
File #: Version:125-4632 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Defender or designee, to execute a contract with the Regents
of the University of California, to establish the Larsen Justice Fellowship Agreement with the Office of
the Public Defender for the period August 18, 2025 through August 17, 2026. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Ellen McDonnell, Public Defender
Report Title:Larsen Justice Fellowship Agreement with the Regents of the University of California
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Defender, or designee, to execute the Larsen Justice Fellowship
Agreement with the Regents of the University of California, a non-profit educational institution, on behalf of
the University of California, Berkeley, School of Law, Zoë Fisher (the “Fellow” and volunteer of the Public
Defender) for the period August 18, 2025 and ending no later than August 17, 2026.
FISCAL IMPACT:
There is no fiscal impact for the County for this action, as this is a non-financial agreement.
BACKGROUND:
The Contra Costa County Public Defender’s Office (CCPD) seeks to enter into a Fellowship Agreement with
the Regents of the University of California, on behalf of the University of California, Berkeley, School of Law
to provide experiential learning opportunities for students and recent graduates interested in public service and
indigent defense. Under the agreement, CCPD will host Zoë Fisher, as a legal volunteer from the University of
California, Berkeley, School of Law who will assist with legal research, case preparation, and client support
under the supervision of CCPD staff.
This collaboration benefits both CCPD and the educational institution. The program allows students to gain
practical experience in the legal field while supporting the CCPD’s mission to provide high-quality
representation to clients who cannot afford private counsel. Participation in the program also enhances the
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CCPD’s recruitment pipeline by fostering interest in public sector careers.
The Larsen Fellow began their placement with the Public Defender’s Juvenile Unit on August 18, 2025. The
request for Board approval was delayed because The Regents of the University of California, on behalf of the
University of California, Berkeley, School of Law did not provide sufficient review time for county groups to
review and due to the contractual obligations including those listed below, required further negotiations
between the County and the Larsen Fellowship and ultimately Board approval.
Article III.3, the agreement requires that the County (the Sponsor) will “ensure that the Fellow is
covered by the Sponsor’s comprehensive/commercial form general liability insurance and professional
legal liability insurance.”
Article IV.1 of the agreement, the County agrees that the County does not give the Fellow “any right to
participate in a worker’s compensation plan.”
County Risk Management has requested that the Fellow be classified as a volunteer, per County Administrative
Bulletin 421.1 III, and if this CCPD contract request is approved by the Board, it acknowledges that the County
will provide general/professional legal liability insurance pursuant to this agreement, thus minimizing legal risk
to the County. The CCPD will work in collaboration with the County’ Administrator’s Office to abide by the
provision of Administrative Bulletin 421. Risk Management has also advised CCPD to inform the volunteer of
their option to purchase extra medical insurance independently, which would provide coverage in case of their
injury while performing their duties with the County.
The agreement outlines each party’s responsibilities and includes general liability language.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, the CCPD will not be able to execute the Larsen Justice Fellowship
Agreement with University of California, Berkeley, School of Law, for Zoë Fisher.
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Legislation Details (With Text)
File #: Version:225-4633 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Defender, or designee, to execute a contract with Bluffton
University and Goshen College, to establish a Master of Social Work Fellowship Program, for the
period August 29, 2025 through August 28, 2027. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 2
To:Board of Supervisors
From:Ellen McDonnell, Public Defender
Report Title:Master of Social Work Fellowship Program with Bluffton University and Goshen College
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Defender, or designee, to execute an Affiliation Agreement with
Bluffton University and Goshen College, a non-profit educational institution, to establish a Master of Social
Work (MSW) Fellowship Program with the Public Defender’s Office for the period August 29, 2025 through
August 28, 2027.
FISCAL IMPACT:
There is no fiscal impact to the County, as this is a non-financial agreement.
BACKGROUND:
CCPD recognizes the increasing demand for skilled professionals who can effectively address the complex
legal, social, and psychological needs of clients involved in the criminal justice system. To strengthen its
capacity and enhance services, CCPD seeks approval to enter into a Master of Social Work (MSW) fellowship
program with Bluffton University and Goshen College. This partnership will provide graduate students with
the opportunity to gain direct experience in public defense work, particularly in supporting clients with mental
health and substance use challenges.
This collaboration provides CCPD with additional professional support to better serve clients, while offering
the educational institution valuable field experience opportunities that enrich their MSW students’ education
and professional development. The program aims to improve client outcomes, foster holistic defense strategies,
and ensure a more comprehensive approach to justice for individuals facing criminal charges.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4633,Version:2
The MSW student intern began their placement with the Public Defender’s Social Work unit on August 29,
2025. The request for Board approval was delayed because Goshen College did not provide sufficient review
time for county groups to review and due to the contractual obligations including those listed below that
required further negotiations between the County, Bluffton University, and Goshen College and ultimately
requiring Board approval.
The student has completed the appropriate volunteer paperwork and the agreement outlines each party’s
responsibilities and includes liability and indemnification language. Their scope of work has been
communicated to Risk Management, and the terms of the agreement obligate Goshen College to “carry for each
qualified student Professional liability insurance covering all liability incurred by each student that arises out of
and during the course of each such student’s activities under the terms of this Agreement.” This should not be
an issue for either party nor require the volunteer to seek additional professional liability insurance since the
student will not be providing clinical or therapeutic services. Additionally, indemnification language outlined in
section E.3(b), states Goshen College will indemnify the County from any potential risk where the student
intern is concerned.
CONSEQUENCE OF NEGATIVE ACTION:
If this agreement is not approved, CCPD will not implement the Master of Social Work Fellowship Program
with Bluffton University and Goshen College.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
372
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-372 accepting a portion of an Offer of Dedication for Roadway Purposes
for subdivision SD69-3888 and declaring a portion of Morgan Territory as a County Road, for a project
developed by Cal-Land Real Estate, a Partnership, as recommended by the Public Works Director,
Clayton area. (No fiscal impact)
Attachments:1. Recordable Resolution, 2. Exhibit A & B, 3. Resolution No. 2025-372
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Accepting a portion of an offer of dedication for Roadway Purposes for subdivision SD69-3888
and declaring a portion of Morgan Territory as a County Road, Clayton area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting a portion of an Offer of Dedication for Roadway Purposes for subdivision SD69-
3888 and declaring a portion of Morgan Territory as a County Road,as described in Exhibit A and B,for a
project developed by Cal-Land Real Estate,a Partnership,as recommended by the Public Works Director,
Clayton area. (District IV)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On February 17,1972,the final map for Subdivision 3888 was recorded,dedicating specific portions of the
land indicated on the final map as Whispering Pines Road,Shale Cliff Court,Tumbleweed Court,and Morgan
Territory Road for public use.Subsequently,on March 13,1973,the Public Works Director reported that the
right-of-way requirement for Morgan Territory Road was entirely to one side of the road and within
Subdivision 3888 due to a planned realignment.On April 3,1973,the Board of Supervisors authorized a
payment in the amount of $10,953.00 in consideration of the abnormal amount of right-of-way dedication for
Morgan Territory Road.
When construction of the subdivision was completed,Whispering Pines Road,Shale Cliff Court,and
Tumbleweed Court were accepted as complete and into the County Road system on May 22,1973.The County
did not formally accept the additional right-of-way dedication on Morgan Territory Road at that time as the
realignment was not constructed yet.Subsequently,the portion of the dedication proposed for acceptance now
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-372,Version:1
has been utilized for County Road purposes.
CONSEQUENCE OF NEGATIVE ACTION:
The offer of dedication for Roadway Purposes will not be accepted.
c:J.Larocque,Engineering Services;D.Baumann,Surveys,K.O’Connor,Engineering Services;M.Smith,Engineering Services;R.Hutchins-
Records,K.Piona-Records,K.Rodriguez-Design/Construction,T.Shepherd-Design/Construction,P.Tehaney-Design/Construction,C.Tom,
Maintenance; R. Lai, Maintenance., Cal-Land Real Estate, a Partnership.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
373
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-373 accepting completion of improvements for subdivision SD20-09545
and declaring the widening of Midhill Road as a County Road, for a project developed by Civic
Heritage View, LLC, as recommended by the Public Works Director, Martinez area. (No fiscal impact)
Attachments:1. Recordable Resolution, 2. Resolution No. 2025-373
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Accepting completion of improvements for subdivision SD20-09545 and declaring the widening
of Midhill Road as a County Road, Martinez area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting completion of improvements for subdivision SD20-09545 and declaring the
widening of Midhill Road as a County Road,for a project developed by Civic Heritage View,LLC,as
recommended by the Public Works Director, Martinez area. (District V)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The developer has completed the improvements per the Subdivision Agreement,and in accordance with the
Title 9 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
The completion of improvements will not be accepted, the warranty period will not begin, and the widening of
Midhill Road will not be accepted and declared a County Road.
c:A.Vazquez-Engineering Services,K.O’Connor-Engineering Services,M.Smith-Engineering Services,D.Baumann-Surveys,A.Ruyters-
Surveys,C.Herrold-Finance,M.Cordis-Maintenance,R-Hutchins-Records,K.Piona-Records.P.Tahaney-Design/Construction,Civic Heritage
View, LLC, Poms & Associates Insurance Broker, LLC, The Ohio Casualty Insurance Company, T-5/4/2026
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 1
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
374
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-374 approving and authorizing the Public Works Director, or designee,
to fully close a portion of Francisco Way, from 1923 Francisco Way to 2660 Francisco Way, on
November 18, 2025, from 8:30 a.m. through 4:30 p.m., for the purpose of overhead utility work,
Richmond area. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
Applicant will be unable to close the road to complete planned utility work replacement.
To: Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Approve and Authorize to fully close a portion of Francisco Way on November 18, 2025, from
8:30 a.m. through 4:30 p.m., for the purpose of overhead utility work, Richmond area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion
of Francisco Way,from 1923 Francisco Way to 2660 Francisco Way,on November 18,2025,from 8:30 a.m.
through 4:30 p.m., for the purpose of overhead utility work, Richmond area. (District I)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Pacific Gas &Electric Company (PG&E)is replacing an overhead service,installing an overhead transformer
and secondary breakers.Due to the narrow road width of Francisco Way at the work site,PG&E has requested
the road closure to perform the overhead utility work.There is insufficient road width to setup and operate
boom trucks and safely maintain through traffic.This request was previously approved by the Board of
Supervisors on September 9,2025,and in Resolution No.2025-293.The applicant has submitted a new request
due to a revision in construction scheduling.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will be unable to close the road to complete planned utility work replacement.
c: Jocelyn LaRocque-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 3
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File #:RES 2025-374,Version:1
Services, Michelle Cordis-Maintenance, CHP, Sheriff-Patrol Div. Commander
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a
portion of Francisco Way,from 1923 Francisco Way to 2660 Franciso Way,on November 18,2025,from 8:30
a.m. through 4:30 p.m., for the purpose of overhead utility work, Richmond area. (District I)
RC25-31
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to
fully close Francisco Way,from 1923 Francisco Way to 2660 Francisco Way,except for emergency traffic,local
residents,US Postal Service and garbage trucks,on November 18,2025,from 8:30 a.m.through 4:30 p.m.,
subject to the following conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the construction area and essential services will be allowed
access as required.
2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.Pacific Gas &Electric Company shall comply with the requirements of the Ordinance Code of Contra Costa
County.
4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive
General Public Liability which names the County as an additional insured prior to permit issuance.
5.Obtain approval for the closure from the California Highway Patrol,Sheriff’s Office,and the Contra Costa
Fire Protection District.
6.Pacific Gas &Electric Company shall obtain all required permits from the City of El Cerrito for the portions
of the road closure that extend into the El Cerrito rights of way.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 3
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File #:RES 2025-374,Version:1
CONTRA COSTA COUNTY Printed on 11/6/2025Page 3 of 3
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
375
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-375 ratifying the prior decision of the Public Works Director, or designee,
to fully close a portion of Second Avenue, between Wanda Street and Pomona Street, on October 12,
2025, from 12:00 p.m. to 5:00 p.m., for the purpose of celebrating the 4th Annual Oktoberfest Festival,
Crockett area. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Ratify the prior decision to fully close a portion of Second Avenue, on October 12, 2025, from
12:00 p.m. to 5:00 p.m., for the purpose of celebrating the 4th Annual Oktoberfest Festival, Crockett area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution ratifying the prior decision of the Public Works Director,or designee,to fully close a
portion of Second Avenue,between Wanda Street and Pomona Street,on October 12,2025,from 12:00 p.m.to
5:00 p.m., for the purpose of celebrating the 4th Annual Oktoberfest Festival, Crockett area. (District V)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
A county-maintained road may be closed with approval of the Board of Supervisors and a road closure permit.
The Crockett Chamber of Commerce must adhere to the permit conditions set forth by the Public Works
Director, or designee, prior to and during the road closure.
CONSEQUENCE OF NEGATIVE ACTION:
The Crockett Chamber of Commerce will not have Board approval for completed road closure.
c:Jocelyn LaRocque-Engineering Services,Marke Smith-Engineering Services,Devon Patel-Engineering Services,Bob Hendry-Engineering
Services, Michelle Cordis-Maintenance, CHP, Sheriff-Patrol Div. Commander, Crockett-Carquinez Fire District
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 3
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File #:RES 2025-375,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Ratifying the prior decision of the Public Works Director,or designee,to fully close a
portion of Second Avenue,between Wanda Street and Pomona Street,on October 12,2025,from 12:00 p.m.to
5:00 p.m., for the purpose of celebrating the 4th Annual Oktoberfest Festival, Crockett area. (District V)
RC25-40
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Crockett Chamber of Commerce to
fully close Second Avenue,between Wanda Street and Pomona Street,Wanda Street,between First Avenue and
Second Avenue,Ceres Street,between First Avenue and Second Avenue,except for emergency traffic,local
residents,US Postal Service and garbage trucks,on October 12,2025,from 12:00 p.m.to 5:00 p.m.,subject to
the following conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the event area and essential services will be allowed access
as required.
2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.The Crockett Chamber of Commerce shall comply with the requirements of the Ordinance Code of Contra
Costa County.
4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive
General Public Liability which names the County as an additional insured prior to permit issuance.
5.Obtain approval for the closure from the Sheriff’s Department,the California Highway Patrol,and the
Crockett-Carquinez Fire District.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 3
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File #:RES 2025-375,Version:1
CONTRA COSTA COUNTY Printed on 11/6/2025Page 3 of 3
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
381
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-381 terminating and abandoning an Offer of Dedication of storm drain
easement on 1131 Douglas Court in the unincorporated portion of the County known as Alamo and
AUTHORIZE the Director of Public Works to execute a quitclaim deed to release any interest the
County may have in the property, as recommended by the Public Works Director. (100% Applicant
Fees)
Attachments:1. Termination of Offer of Dedication, 2. Quitclaim Deed-Storm Drain Easement, 3. Resolution
No.2025-381
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Termination of County’s interest in Storm Drain Easement on 1131 Douglas Court, Alamo area
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
DETERMINE that the offer of dedication on 1131 Douglas Court,Alamo for storm drain purposes is not
required for storm drain purposes.
ADOPT Resolution to terminate and abandon an Offer of Dedication of excess right of way that is in the Alamo
area and is described in Exhibits “A”and “A-1”and shown as Exhibits “B”and “B-1”,attached to the
Resolution,which property is no longer required for storm drain purposes pursuant to Streets and Highway
Code section and 8333(a) and Government Code section 66477.2(c).
AUTHORIZE the Public Works Director,or designee,to execute and deliver a quitclaim deed to the underlying
property owner of APN 192-220-015 for recording in the Office of the County Clerk-Recorder,to quitclaim any
remaining interest of the County in the dedication area pursuant to Streets and Highway Code section 960 and
Government Code section 25526.5.
DETERMINE that the activity is exempt from review under the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines 15061(b)(3)as it can be seen with certainty that there is no possibility that the
activity may have a significant effect on the environment.
DIRECT the Real Estate Division to record Resolution,along with a certified copy of this Staff Report in the
Office of the County Clerk-Recorder.
FISCAL IMPACT:
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-381,Version:1
100% Applicant Fees.
BACKGROUND:
Public Works Department staff have determined that (1)the storm drain easement being vacated and
quitclaimed on 1131 Douglas Court has not been accepted by the County,(2)the offered area is not required,
and will not be used for the purpose for which it was dedicated.
The Applicant is requesting the storm drain easement be vacated and quitclaimed.The Board’s actions will
expressly terminate and abandon the offer of dedication and remove the County’s interest from the title to the
underlying property.Any future development,improvement,or use of the Property will be subject to review
under CEQA by the property owner.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not expressly terminate and abandon the Offer of Dedication.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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Recorded at the request of:
Contra Costa County
After recording return to:
David & Moran Eliahu
504 Chives Way
Walnut Creek, CA 94595
Mail Tax Statement to:
David & Moran Eliahu
504 Chives Way
Walnut Creek, CA 94595
The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $
QUITCLAIM DEED-STORM DRAIN EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Does hereby remise, release, and forever quitclaim to DAVID ELIAHU AND MORAN
ELIAHU, Trustees of the Eliahu Family Trust dated January 2, 2025, the following described
real property in the Unincorporated Area in the County of Contra Costa, State of California,
FOR DESCRIPTION SEE EXHIBITS A AND B AND EXHIBITS A1 AND B1 ATTACHED HERETO AND MADE A PART HEREOF.
CONTRA COSTA COUNTY
Date: By ______________________________________
Warren Lai
Public Works Director
G:\realprop\Vacations -Terminations\1131 Douglas Ct\Board Order-Staff
Report\Draft Quitclaim Deed (granting out).doc
COUNTY OF CONTRA COSTA) §
On before me, ______ Clerk of the Board of Supervisors, Contra Costa County,
personally appeared ____, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Deputy Clerk
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
EXHIBIT ‘A’
TERMINATION OF OFFER OF DEDICATION
10-FOOT STORM DRAINAGE EASEMENT
P:\224\224062.00\Survey\Plats and Legals\Easement Termination-10 SD-75pm5\Easement Vacation Legal Desc-75pm5-Exhibit A.doc
Page 1 of 1
ALL THAT CERTAIN REAL PROPERTY SITUATE IN UNINCORPORATED ALAMO OF CONTRA COSTA
COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PORTION OF “PARCEL D”, AS SHOWN ON PARCEL MAP ENTITLED “SUBDIVISION MS 54-77”, FILED
ON MARCH 20, 1979 IN BOOK 75 OF PARCEL MAPS AT PAGE 5 AND 6, ALSO BEING A PORTION OF
“PARCEL ONE”, AS DESCRIBED IN THAT CERTAIN GRANT DEED GRANTED BY ALI BOLOURCHI TO
DAVID A. ELIAHU AND MORAN ELIAHU, RECORDED JUNE 28, 2024 AS DOCUMENT NUMBER
2024-0062016, OFFICIAL RECORDS OF CONTRA COSTA COUNTY.
10-FOOT STORM DRAINAGE EASEMENT TO BE TERMINATED:
BEING ALL OF THE CERTAIN STRIP OF LAND MARKED AS A 10-FOOT STORM DRAINAGE
EASEMENT AS SHOWN ON SAID “PARCEL D”, SAID EASEMENT WAS DEDICATED BY THE OWNERS
OF SUBDIVISION MS 54-77 BUT NOT ACCEPTED BY THE COUNTY.
AFFECTING ASSESSOR’S PARCELS (APN’S): 192-220-015-7
ATTACHED HERETO A PLAT ENTITLED EXHIBIT ‘B’ FOR REFERENCE ONLY.
END OF DESCRIPTION
PREPARED BY:
JULY 22, 2025
VINCENT J. D’ALO DATE
LS 4210
PARCEL D
75 PM 5
PARCEL ONE
DOUGLAS
COURT
Civil Engineers
Traffic Engineers
Surveyors
Aliquot Associates, Inc.
1390 S. Main St. - Ste. 310
Walnut Creek, CA 94596
Telephone: (925) 476-2300
Fax: (925) 476-2350
EXHIBIT B
LEGEND
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
376
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-376 approving and authorizing the Public Works Director, or designee,
to fully close a portion of Purdue Avenue, between Beloit Avenue and Kenyon Avenue, on November
13, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Kensington
area. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Approve and Authorize to fully close a portion of Purdue Avenue on November 13, 2025, from
7:30 a.m. though 5:30 p.m., for the purpose of a utility pole replacement, Kensington area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion
of Purdue Avenue,between Beloit Avenue and Kenyon Avenue,on November 13,2025,from 7:30 a.m.through
5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Due to the narrow road width of Purdue Avenue at the work site,Pacific Gas &Electric Company (PG&E)has
requested the road closure to replace the existing utility pole.There is insufficient road width to set up and
operate boom trucks and safely maintain through traffic.Applicant shall follow guidelines set forth by the
Public Works Department.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will be unable to close the road to complete planned utility pole replacement.
c: Jocelyn LaRocque-Engineering Services, Marke Smith-Engineering Services, Devon Patel-Engineering Services, Bob Hendry-Engineering
Services, Michelle Cordis-Maintenance, Kensington Police Department, Kensington Fire Protection District
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-376,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a
portion of Purdue Avenue,between Beloit Avenue and Kenyon Avenue,on November 13,2025,from 7:30 a.m.
through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I)
RC25-41
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to
fully close a portion of Purdue Avenue,between Beloit Avenue and Kenyon Avenue,except for emergency
traffic,local residents,US Postal Service and garbage trucks,on November 13,2025,from 7:30 a.m.through
5:30 p.m., subject to the following conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the construction area and essential services will be allowed
access as required.
2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.Pacific Gas &Electric Company shall comply with the requirements of the Ordinance Code of Contra Costa
County.
4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive
General Public Liability which names the County as an additional insured prior to permit issuance.
5.Notify and obtain acknowledgements of the planned closure from the Kensington Police Department,and the
Kensington Fire Protection District.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
377
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-377 approving and authorizing the Public Works Director, or designee,
to fully close a portion of Edgecroft Road, between 81 Edgecroft Road and 27 Edgecroft Road, on
November 12, 2025, from 7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole,
Kensington area. (No fiscal impact)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Approve and Authorize to fully close a portion of Edgecroft Road, on November 12, 2025, from
7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (No fiscal impact)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution approving and authorizing the Public Works Director,or designee,to fully close a portion
of Edgecroft Road,between 81 Edgecroft Road and 27 Edgecroft Road,on November 12,2025,from 7:30 a.m.
through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Due to the narrow road width of Edgecroft Road at the work site,Pacific Gas &Electric Company (PG&E)has
requested the road closure to replace the existing utility pole.There is insufficient road width to set up and
operate boom trucks and safely maintain through traffic.Applicant shall follow guidelines set forth by the
Public Works Department.
CONSEQUENCE OF NEGATIVE ACTION:
Applicant will be unable to close the road to complete planned utility pole replacement.
c:Jocelyn LaRocque-Engineering Services,Marke Smith-Engineering Services,Devon Patel-Engineering Services,Bob Hendry-Engineering
Services, Michelle Cordis-Maintenance, Kensington Police Department, and the Kensington Fire Protection District.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 3
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File #:RES 2025-377,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:Approving and Authorizing the Public Works Director,or designee,to fully close a
portion of Edgecroft Road,between 81 Edgecroft Road and 27 Edgecroft Road,on November 12,2025,from
7:30 a.m. through 5:30 p.m., for the purpose of replacing a utility pole, Kensington area. (District I)
RC25-42
NOW,THEREFORE,BE IT RESOLVED that permission is granted to Pacific Gas &Electric Company to
fully close Edgecroft Road,between 81 Edgecroft Road and 27 Edgecroft Road,except for emergency traffic,
local residents,US Postal Service and garbage trucks,on November 12,2025,from 7:30 a.m.through 5:30
p.m., subject to the following conditions:
1.Traffic will be detoured via roads identified in a traffic control plan,reviewed by the Public Works
Department.Emergency vehicles,residents within the construction area and essential services will be allowed
access as required.
2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices.
3.Pacific Gas &Electric Company shall comply with the requirements of the Ordinance Code of Contra Costa
County.
4.Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive
General Public Liability which names the County as an additional insured prior to permit issuance.
5.Notify and obtain acknowledgements of the planned closure from the Kensington Police Department,and the
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 3
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File #:RES 2025-377,Version:1
Kensington Fire Protection District.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
378
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/15/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-378 accepting completion of landscape improvements for Subdivision
Agreement (Right-of-Way Landscaping) and release of cash deposit for Drainage Improvement
Agreement DA04-00035, for a project being developed by Shapell Homes, as recommended by the
Public Works Director, Danville area. (100% Developer Fees)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Accepting completion of landscape improvements for Drainage Improvement DA04-00035
(cross-reference subdivision SD99-08381), Danville area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution No.2025-accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping)and release of cash deposit for Drainage Improvement Agreement DA04-00035
(cross-reference subdivision SD99-08381),for a project being developed by Shapell Homes,a Division of
Shapell Industries,Inc.,a Delaware Corp.,as recommended by the Public Works Director,Danville area.
(District II)
FISCAL IMPACT:
100% Developer Fees
BACKGROUND:
The developer has completed the landscape improvements under the Subdivision Agreement (Right-of-Way
Landscaping), and in accordance with the Title 9 of the County Ordinance Code.
CONSEQUENCE OF NEGATIVE ACTION:
The developer will not receive a refund of the cash deposit,and surety bond will not be exonerated,and
completion of private improvements will not be accepted.
c:Jocelyn LaRocque-Engineering Services,Alex Vazquez-Engineering Services,Kellen O’Connor-Engineering Services,Devon Patel-Engineering
Services,Paul Tehaney-Design/Construction,Theresa Shepherd-Design/Construction,Ciara Herrold-Finance,Michelle Cordis-Maintenance,Chris
Hallford-Mapping, C. Low-City of San Ramon, Shapell Homes, The Continental Insurance Company, T-April 21, 2026
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 3
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File #:RES 2025-378,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
IN THE MATTER OF:accepting completion of landscape improvements for Subdivision Agreement (Right-of-
Way Landscaping)and release of cash deposit for Drainage Improvement Agreement DA04-00035 (cross-
reference subdivision SD99-08381),for a project being developed by Shapell Homes,a Division of Shapell
Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area. (District II)
WHEREAS, these improvements are approximately located near Casablanca Street and Charbray Street.
WHEREAS,the Public Works Director has notified this Board that the landscape improvements for Drainage
Improvement Agreement DA04-00035 (cross-reference subdivision SD99-08381),have been completed as
provided in the Subdivision Agreement (Right-of-Way Landscaping)with Shapell Homes,a Division of
Shapell Industries, Inc., a Delaware Corp., heretofore approved by this Board.
NOW,THEREFORE,BE IT RESOLVED that the landscape improvements for Drainage Improvement
Agreement DA04-00035 have been COMPLETED as of November 4,2025,thereby establishing the six-month
terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way
Landscaping):
DATE OF AGREEMENT : April 21, 2009
NAME OF SURETY:The Continental Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials)surety for $5,950.00,Bond No.929467117
issued by the above surety be RETAINED for the six-month lien guarantee period until May 4,2026,at which
time the Board AUTHORIZES the release of said surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that there is no warranty and maintenance period required,and the Public
Works Director is AUTHORIZED to refund the $1,000 cash security for performance (Auditor's Deposit Permit
No.520514,dated March 19,2009)plus interest in accordance with Government Code Section 53079,if
appropriate,to Shapell Homes,a Division of Shapell Industries,Inc.,a Delaware Corp.,pursuant to the
requirements of the Ordinance Code;and the Subdivision Agreement (Right-of-Way Landscaping)and surety
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 3
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File #:RES 2025-378,Version:1
requirements of the Ordinance Code;and the Subdivision Agreement (Right-of-Way Landscaping)and surety
bond, Bond No. 929467117, dated April 21, 2009 are EXONERATED.
end
CONTRA COSTA COUNTY Printed on 11/6/2025Page 3 of 3
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
379
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-379 accepting as complete, the contracted work performed by Dowdle &
Sons Mechanical, Inc. for the Contra Costa Regional Medical Center Cooling Tower Replacement
Project, as recommended by the Public Works Director, Martinez area. (No fiscal impact)
Attachments:1. Recordable Resolution 2023, 2. Resolution No.2025-379
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Resolution of Acceptance and Notice of Completion for Contra Costa Regional Medical Center
Cooling Tower Replacement Project, located at 2500 Alhambra Avenue, Martinez
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Resolution accepting as complete the contracted work performed by Dowdle &Sons Mechanical,Inc.
(DSM),a California Corporation,for the Contra Costa Regional Medical Center Cooling Tower Replacement
Project, 2500 Alhambra Avenue, Martinez.
FISCAL IMPACT:
No fiscal impact associated with accepting completion of contracted work.
BACKGROUND:
On November 7,2023,the Board awarded a contract in the amount of $3,167,000 to DSM to replace the
cooling towers at the Contra Costa Regional Medical Center hospital building in Martinez.
Mutually agreed change orders,totaling $1,039,947.20,brought the construction contract amount to a final sum
of $4,206,947.20.Change Orders were primarily required due to either unforeseen conditions,or value-added
changes requested by the Health Services Department,including Change Order No.4 in the amount of
$325,835.09, required due to unforeseen conditions, and approved by the Board on December 17, 2024.
All required permit inspections have been completed and approved.Furthermore,the Public Works Department
has reviewed the work and found it to be complete.Therefore,Contra Costa County Public Works Department
recommends that the Board adopt the resolution accepting the contract work as complete.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-379,Version:1
CONSEQUENCE OF NEGATIVE ACTION:
Accepting the contract as complete is standard procedure and allows for proper closeout of the contract.If the
contract is not accepted as complete,the period for filing stop payment notices and bond claims may be
extended and then Contra Costa County will incur expenses for additional contract administration.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
380
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:RESCIND Resolution No. 2025-184 and ADOPT Resolution No. 2025-380 to summarily vacate
excess right of way on Miranda Avenue in the unincorporated portion of the County known as Alamo
and AUTHORIZE the Director of Public Works to execute a quitclaim deed to release any interest the
County may have in the property, as recommended by the Public Works Director, Alamo area. (100%
Applicant Fees)
Attachments:1. Quitclaim Deed, 2. Resolution, 3. Resolution No.2025-380
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Termination of County’s interest on Excess Road Right of Way on Miranda Avenue, Alamo area
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
DETERMINE that this vacation request is for an excess right of way of a street or highway not required for
street or highway purposes.
ADOPT Resolution to summarily vacate an excess right of way of a street or highway that is in the Alamo area
and is described in Exhibit A and Exhibit B attached to the Resolution,which property is no longer required for
street or highway purposes pursuant to Streets and Highways Code, commencing with Section 8330, et seq.
AUTHORIZE the Public Works Director,or designee,to execute and deliver a quitclaim deed to the adjacent
property owner of APN 193-030-018 for recording in the Office of the County Clerk-Recorder,to quitclaim any
remaining interest of the County in the dedication area pursuant to Streets and Highway Code section 960 and
Government Code section 25526.5.
DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA),pursuant to
Article 5,Section 15061(b)(3)of the CEQA Guidelines as it can be seen with certainty that there is no
possibility that the activity may have a significant effect on the environment,
DIRECT the Real Estate Division to record Resolution,along with a certified copy of this Staff Report in the
Office of the County Clerk-Recorder.
FISCAL IMPACT:
100% Applicant Fees.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-380,Version:1
BACKGROUND:
On May 20,2025,this item was approved by the Board of Supervisors.It was discovered after the approval that
the area to be vacated and the square footage on the Plats and Legals was incorrect.
Public Works Department staff have determined that (1)the excess right-of-way being vacated and quitclaimed
on Miranda Avenue was accepted by the County,(2)the area is not required,and will not be used for the
purpose for which it was dedicated.
The Applicant is requesting the excess road right-of-way be vacated and quitclaimed for privacy and safety
issues.The Board’s actions will expressly vacate and remove the County’s interest from the title to the
underlying property.
Public Works Environmental staff have determined that the vacation of the excess road right-of-way for the
property improvements (installation of a concrete sidewalk and driveway gates)on the developed property will
not have a significant effect on the environment.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not expressly vacate the property,preventing the adjacent property owner from installing a
privacy/safety gate at each driveway entrance.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4588 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a First Amendment to
Temporary License to Use County Property with The Watershed Project, to allow The Watershed
Project to use a portion of a County-owned parcel located on Kirker Pass Road and identified as
Assessor’s Parcel Number 117-320-001 for the purpose of conducting monthly water quality
monitoring from November 1, 2025, through October 31, 2026, Concord area. (No fiscal impact)
Attachments:1. Amendment to License Agreement, 2. Temporary License, 3. Notice of Exemption
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE First Amendment to Temporary License to Use County Property between Contra
Costa County and The Watershed Project, Concord Area
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute first amendment to
Temporary License to Use County Property with The Watershed Project,to allow it to use a portion of a County
-owned parcel located on Kirker Pass Road and identified as Assessor’s Parcel Number 117-320-001 for the
purpose of conducting water quality monitoring from November 1, 2025, through October 31, 2026
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On October 22,2024,this Board approved a Temporary License to Use County Property allowing The
Watershed Project to conduct monthly water quality monitoring as part of a larger water quality monitoring
project for a year on a portion of an unnamed tributary to Mount Diablo creek that flows through the County
owned parcel located on Kirker Pass Road,identified as Assessor’s Parcel No.117-320-001,in Concord
(Licensed Premises).The monitoring consists of probes and visual observation.The data collected is part of a
larger water quality monitoring project conducted by the Watershed Project.The Watershed Project would like
to extend its use. Nothing will remain on the property following each entry.
By approving the first amendment to Temporary License to Use County Property,the Watershed Project will
have access to Licensed Premises to perform survey work.The licensee will indemnify the County from any
liabilities that arise from its activities.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4588,Version:1
County staff have determined that granting the license will not substantially conflict or interfere with the
County’s use of the property.
CONSEQUENCE OF NEGATIVE ACTION:
If license is not approved, the Watershed Project will not be able to conduct its water quality monitoring.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1
TEMPORARY LICENSE TO USE COUNTY PROPERTY
Effective October 22, 2024 (“Effective Date”), Contra Costa County (“County”)
hereby grants a temporary license (“Temporary License”) to The Watershed Project, a
California nonprofit corporation (“Licensee”), to allow Licensee and Licensee’s officers,
employees, contractors, consultants, agents, and volunteers (“Licensee Parties”) to access
a portion of an unnamed tributary of Mt. Diablo Creek, located within the property shown
outlined in red on the attached Exhibit A, identified as Assessor’s Parcel No. 117-320-001,
with a site address of Kirker Pass Road, in Concord (the “Licensed Premises”), for the
purpose of conducting water quality monitoring, subject to the following terms and
conditions:
1. Term. Licensee’s use of the Licensed Premises shall commence on the Effective
Date and end on October 31, 2025.
2. No Assignment. This permission shall not be transferred, assigned, apportioned, or
sublicensed without the prior written approval of the County, which shall be within its
sole discretion to provide.
3. Permitted Activities. Once a month, for 2-3 hours, the Licensee and Licensee
Parties may use the Licensed Premises to perform water quality monitoring on an
unnamed tributary to Mt. Diablo Creek using monitoring probes and making visual
observations. Licensee shall provide written notice to County’s Watershed Program
Manager at least five days prior to entering the Licensed Premises. Notwithstanding
Section 9, these requests may be made by email to beth.baldwin@cccounty.us,
specifying the day and approximate time of entry and departure and summarizing
the activities to be performed. Licensee and Licensee parties will enter licensed
premises on Old Kirker Pass Road. Licensee shall not make any modifications to
the Licensed Premises and, at the end of each entry, Licensee shall remove all of
Licensee’s equipment, supplies, materials, and rubbish from the Licensed Premises.
4. Indemnification. As partial consideration for the License granted hereunder,
Licensee shall defend, indemnify, save, and keep harmless the County, its officers,
employees, and agents (collectively, “Indemnitees”) from and against (a) any
liabilities, judgments, costs, expenses, attorney’s fees, attorney’s fee awards,
penalties, and all other expenses of whatever kind or nature (collectively,
“Liabilities”) that may in any way accrue against the County or its agents as a result
of the County entering into this Agreement; (b) any Liabilities that arise from or are
connected with Licensee’s negligence of willful misconduct while performing the
activities authorized under this Agreement; and (c) any Liabilities that arise from the
release of hazardous materials, contaminants, or sewage effluent from Licensee’s
facilities or Licensee’s activities under this Agreement. The requirements of this
section shall survive the termination or expiration of this Agreement.
5. Insurance. Licensee shall provide the County with a certificate of insurance from its
insurance carrier showing single limit comprehensive liability insurance coverage in
the minimum amount of $1,000,000 with a rider showing that said insurance will
cover the premises herein described and naming “ Contra Costa County, its officers,
2
employees and agents” as additional insured and requiring thirty (30) days ’ written
notice of policy lapse or cancellation.
6. Termination. County and Licensee each have the right to terminate this Agreement
at any time, for any reason, or for no reason, with thirty (30) days advance written
notice to the other party.
7. Revocation. This permission may be revoked or suspended immediately upon
written notice if justifiable complaints of "nuisance" (e.g. dust, noise or invasion of
privacy) are received from occupants or owners of nearby property or in the event of
a breach of any of the terms and conditions herein.
8. Notices. Except to the extent this Agreement expressly provides otherwise, all
notices, demands, payments, and other writings given exchange between the
parties shall be personally delivered, sent by overnight carrier deposited and with
delivery charges prepaid to ensure next day delivery, or sent by U.S. Mail,
addressed to the receiving party as follows:
To County:
Watershed Program Manager
Contra Costa County Public Works Dept.
255 Glacier Drive
Martinez, CA 94553
To Licensee:
The Watershed Project
Attn: Satoko Mills
1327 S. 46th Street
Richmond, CA 94804
A notice shall be deemed delivered on the same day if it is personally delivered, on
the day following the day it is deposited if it is delivered by overnight carrier, and on
the fifth day after the postmark date if it is sent by U.S. Mail. A party may change its
address for delivery of notices by providing notice as required by this section at least
ten days before the effective date of the new delivery address.
9. Amendment. This Agreement may not be amended or modified except by a writing
executed by both parties.
10. Governing Law. This Agreement is governed by and shall be construed in
accordance with the laws of the State of California. Any litigation to interpret or
enforce this Agreement must be filed in a state or federal court located in California
with jurisdiction over the parties to and the subject matter of the litigation.
11. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is
intended to confer on any person, other than the Parties and their successors and
3
assigns, any rights or remedies by reason of this Agreement.
12. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original.
[Remainder of page left blank. Signatures on next page.]
4
THE WATERSHED PROJECT CONTRA COSTA COUNTY
By By___________________________________
Nancy Hamill Warren Lai
Chair of the Board of Director Public Works Director
By
Melissa Garvey
Treasurer
G:\realprop\License Agreements\The Watershed Project - FOCC\PR.06 Temporary License to Use County Property- sms - V3 clean 9-
23-24.doc
1
FIRST AMENDMENT TO TEMPORARY LICENSE TO USE COUNTY PROPERTY
This First Amendment to temporary license to use County property (“First Amendment”)
is dated October 21, 2025, and is between CONTRA COSTA COUNTY, a political subdivision of the
State of California (the “County”) and The Watershed Project, a California nonprofit corporation
("Licensee"). Licensee and County are hereinafter referred to collectively as the “Parties.”
RECITALS
A. The County is the owner of the real property identified as Assessor’s Parcel No. 117-320-
001, with a site address of Kirker Pass Road, Concord, California, located at an unnamed
tributary of Mt. Diablo Creek, (the "Property").
B. On October 22, 2024, the Parties entered into a License Agreement (“Agreement”), entitled
Temporary License to Use County Property, for the limited use described in that Agreement.
C. The Parties desire to extend the term of the Agreement on that portion of the Property shown
on Exhibit A (such route or location, the “Licensed Premises”).
The parties therefore agree as follows:
AGREEMENT
1.
Section 1. Term of this Agreement is deleted in its entirety and replaced with the following:
1. Term: The term of this Agreement commences on the Effective Date and expires on
October 31, 2026.
2. All other terms in the Agreement remain unchanged and in full force and effect.
2
The parties are causing this First Amendment to be executed as of the date set forth in the
introductory paragraph.
CONTRA COSTA COUNTY THE WATERSHED PROJECT
By ______________________________ By ______________________________
Warren Lai Heidi Nutters
Public Works Director Chair of the Board of Director
By ______________________________
Melissa Garvey
Treasurer
RECOMMENDED FOR APPROVAL:
By ______________________________
Jessica L. Dillingham
Principal Real Property Agent
By ______________________________
Ashley Seat
Real Property Tech Assistant
AS
G:\realprop\License Agreements\The Watershed Project - FOCC\Amendment\AG.29a Amendment to License Agreement (County).doc
8/2022
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4589 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a first amendment to
a lease between the County and YES Nature to Neighborhoods, a California public benefit
corporation, for the County-owned property located at 303 41st Street in Richmond, to change the
commencement date of the lease from September 1, 2025, to a date that is not later than May 1,
2026, with no other change to the lease, to accommodate a delay being experienced by the tenant.
(No fiscal impact)
Attachments:1. First Amendment to Lease
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Lease of County-Owned Property to YES Nature to Neighborhoods
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a first amendment to a lease
between the County and YES Nature to Neighborhoods,a California public benefit corporation,for the County-
owned property located at 303 41st Street in Richmond,to change the commencement date of the lease from
September 1,2025,to a date that is not later than May 1,2026,with no other change to the lease,to
accommodate a delay being experienced by the lessee.
FISCAL IMPACT:
Rent in the amount of $3,850 per month will be deposited into the Health Services Mental Health Department
0467, org#5950, for two years, beginning on the lease commencement date.
BACKGROUND:
On August 12,2026,the Board approved a lease between the County and YES Nature to Neighborhoods
(Lessee),for the use of a portion of the County-owned building located at 303 41st Street in Richmond while
the property currently occupied by Lessee is renovated.Lessee reports that it has encountered construction
challenges that will delay their renovation project and their relocation date to the County-owned property.
Lessee expects to be able to take possession of the County-owned property in the first quarter of 2026 and not
later than May 1, 2026.
The County-owned building is currently unoccupied and is not needed at the present time,or during the
expected term of the lease, for County purposes.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve this action will result in a mismatch between the lease commencement date and the timing of
tenant’s construction project.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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FIRST AMENDMENT TO LEASE
303 41st Street,
Richmond, California
This first amendment is dated November 4, 2025, and is between County of
Contra Costa, a political subdivision of the State of California (“County”), and YES
Nature to Neighborhoods, a California public benefit nonprofit corporation (“Lessee”).
Recitals
A. The Landlord and the County are parties to a lease dated August 12, 2025,
under which the Lessee is leasing approximately 5,000 square feet, and the parking lot at
the Property commonly known as 303 41st Street, Richmond, California (the “Lease”).
B. The parties desire to modify the Term of the lease.
The parties therefore agree as follows:
Agreement
1. Section 2. Term is deleted in its entirety and replaced with the following:
Term. The “Term” of this lease is two years, commencing ___________, 2026,
and ending _________, 2028.
[Remainder of Page Intentionally Left Blank]
The parties are executing this lease on the date set forth in the introductory
paragraph.
COUNTY OF CONTRA COSTA, a YES Nature to Neighborhoods
political subdivision of the State of
California
By: _______________________ By: _______________________
Warren Lai Eric Aaholm
Director of Public Works Executive Director
By: _______________________
Jean Hyams
Board Secretary
RECOMMENDED FOR APPROVAL:
By: _______________________
Jessica L. Dillingham
Principal Real Property Agent
By: _______________________
Julin E. Perez
Supervising Real Property Agent
APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL,
By: _______________________
Kathleen M. Andrus
Deputy County Counsel
WLP554/ T00502
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Lease_Amend.doc
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4590 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract
amendment with VistAbility to increase the payment limit by $575,000 to a new payment limit of
$1,395,000 and extend the term through October 31, 2027, for packet fulfillment services,
Countywide. (100% User Departments)
Attachments:1. Amendment Specifications, 2. Vistability L9
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE a Contract Amendment with VistAbility
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a contract amendment with
VistAbility to increase the payment limit by $575,000 to a new payment limit of $1,395,000 and extend the
term through October 31, 2027, for packet fulfillment services, Countywide.
FISCAL IMPACT:
The cost is initially charged to the General Fund but recovered through charges to the County Departments.
(100% User Departments)
BACKGROUND:
VistAbility is a long-established local nonprofit organization that provides employment opportunities to
developmentally disabled adults.For several years,Print &Mail Services has contracted with VistAbility to fill
the low-skill need of assembling information packets (i.e.packet fulfillment services)for use by the
Employment and Human Services Department (EHSD)as well as other County departments.VistAbility is an
invaluable resource for the division as Print &Mail processes an average of 10,000 information packets for
EHSD monthly.
California Welfare and Institute Code section 19404 (“Section 19404”)gives the County the authority to
purchase services from non-profit corporations who operate community rehabilitation programs and meet the
criteria of Section 19404 without advertising or calling for bids,provided that the services meet the
specifications and needs of the County and are purchased at a fair market price,as determined by the County.
VistAbility meets the requirements of Section 19404 in that:(1)the work to be performed under the contract
will primarily (at least 75%of it)be performed by a labor force comprised of persons with disability;(2)
VistAbility makes elections under the federal Insurance Contributions Act to provide social security and
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VistAbility makes elections under the federal Insurance Contributions Act to provide social security and
unemployment benefits to its employees;(3)maintains Articles of Incorporation requiring that at least two
directors on its Board of Directors are persons with disabilities or the parents,guardians,or conservators of
persons with disabilities;and (4)provides disabled employees substantially equally benefits that are provided to
VistAbility organized employees.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract amendment is not approved,sublet packet fulfillment services will not be performed,and the
responsibilities will shift to Print &Mail’s bindery staff,placing significant strain on the team and causing a
marked decline in fulfillment efficiency.
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AMENDMENT SPECIFICATIONS
Amendment No. 1
Initials:
Contractor County Dept.
Amendment No. 1
Page 1 of 1
VistAbility
(November 1, 2022 – October 31, 2027)
Due to the County’s continued need for Contractor’s services, and due to County’s greater than anticipated
need for Contractor’s services, for good and valuable consideration, County and Contractor hereby agree
to amend the Contract as follows:
1. Section 3 (Term) of the Contract is hereby amended by deleting “October 31, 2025” therefrom and
replacing it with “October 31, 2027”.
2. Section 4 (Payment Limit) of the Contract is hereby amended by increasing the payment limit by
$575,000 from $820,000 to a new Payment Limit of $1,395,000.
All other conditions and terms in the Contract entered into on November 1, 2022 between County and
Contractor not modified by this Amendment No. 1 shall remain in full force and effect.
Form L-9 (Page 1 of 2)
Contra Costa County CONTRACT AMENDMENT/EXTENSION Number: 4915400
Standard Form L-9 AGREEMENT Fund/Org: 4232
Revised 2014 (Purchase of Services – Long Form) Account: 2310
Other:
1. Identification of Contract to be Extended.
Number: 4915400
Effective Date: November 1, 2022
Department: Public Works
Subject: Packet Fulfillment Services
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named
Contractor mutually agree and promise as follows:
Contractor: VistAbility
Capacity: a California Nonprofit Corporation
Address: 1340 Arnold Drive, Suite 127, Martinez, CA 94553
3. Amendment Date. The effective date of this Amendment/Extension Agreement is October 21, 2025.
4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the “Amendment
Specifications” attached hereto which are incorporated herein by reference.
5. Extension of Term. The termination date of the above described contract is hereby extended from October 31, 2025
to a new termination date of October 31, 2027 , unless sooner terminated as provided in said contract.
6. Payment Limit Increase. The payment limit of the above described Contract is hereby increased by $ 575,000, from
$ 820,000 to a new total Contract Payment Limit of $ 1,395,000.
Form L-9 (Page 2 of 2)
Contra Costa County CONTRACT AMENDMENT/EXTENSION Number: 4915400
Standard Form L-9 AGREEMENT Fund/Org: 4232
Revised 2014 (Purchase of Services – Long Form) Account: 2310
Other:
7. Signatures. These signatures attest the parties’ agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS
By: ___________________________________________
Chair/Designee
ATTEST: Clerk of the Board of Supervisors
By: ___________________________________________
Deputy
CONTRACTOR
Signature A
Name of business entity: VistAbility, a California
Nonprofit Corporation
By: ___________________________________________
(Signature of individual or officer)
___________________________________________
(Print name and title A, if applicable)
Signature B
Name of business entity: VistAbility, a California
Nonprofit Corporation
By: ___________________________________________
(Signature of individual or officer)
___________________________________________
(Print name and title B, if applicable.
Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that of
the chairman of the board, president, or vice-president; and Signature B must be that of the secretary, any assistant secretary, chief financial officer or any assistant
treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2.
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4591 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to the
option agreement between the County and Eden Housing, Inc. and Community Housing Development
Corporation – North Richmond, under which the optionee may purchase the County-owned property
located at 100 38th Street in Richmond, to extend the term of the agreement through December 31,
2026 and increase the quarterly option payment. (100% General Fund)
Attachments:1. Option Agreement Amendment
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Amendment to Option Agreement - 100 38th Street, Richmond
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute an amendment to the option
agreement between the County and Eden Housing,Inc.and Community Housing Development Corporation -
North Richmond,both nonprofit public benefit corporations,under which the optionee may purchase the
County-owned property located at 100 38th Street in Richmond for use in the development of affordable
housing,to extend the term of the agreement through December 31,2026 and increase the quarterly option
payment.
FISCAL IMPACT:
This action increases the quarterly option payment by an annual amount $30,000 which helps to offset the costs
of Public Works to maintain the property. (100% General Fund)
BACKGROUND:
The County owns the real property located at 100 38th Street,Richmond,the site is the former West County
Health Center,which has been relocated to San Pablo.The property is improved with a multi-story,83,884
square foot building that has been vacant since November 2018.
Following a request for qualifications process,a partnership of Eden Housing,Inc.and Community Housing
Development Corporation-North Richmond (together,the Developer)were designated by the Board of
Supervisors to carry out the redevelopment of the property with affordable housing.
On December 17,2019,the Board of Supervisors approved an Exclusive Negotiating Rights Agreement
(ENRA)with the Developer.Under the terms of the ENRA,the parties agreed to negotiate the terms under
which the County would transfer the property to the Developer to develop the proposed project.The proposedCONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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which the County would transfer the property to the Developer to develop the proposed project.The proposed
project includes 59 units of supportive housing for very low-income households,76 units of family housing for
low-income households,and an early childhood learning center.The ENRA was amended and restated on June
19,2022,to extend the term and require payments to be made to the County by the Developer as consideration
for the agreement.
On July 18,2023,the Board of Supervisors approved an option agreement with the Developer to purchase the
property for $4,000.00 and pay $30,000.00 per quarter as consideration for the agreement.
The proposed amendment extends the term of the option by one year,to December 31,2026,and increases the
option price to $37,500 per quarter until the Developer either exercises the option or the option expires.
CONSEQUENCE OF NEGATIVE ACTION:
In the absence of the site control afforded by the amendment to the option agreement,the Developer’s ability to
obtain financing commitments for the proposed development will be constrained.
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AMENDMENT TO OPTION AGREEMENT
This amendment is dated ________________ and is between the COUNTY OF CONTRA
COSTA, a political subdivision of the State of California (the “County”), and EDEN HOUSING, INC.
a California nonprofit public benefit corporation (“Eden”), and COMMUNITY HOUSING
DEVELOPMENT CORPORATION – NORTH RICHMOND, a California nonprofit public benefit
corporation (“CHDC”). Together, Eden and CHDC are the “Optionee”.
Recitals
A. Optionee and the County are parties to an option agreement dated July 18, 2023,
under which the Optionee has the option to purchase and redevelop approximately two acres of
County-owned real property located at 100 38th Street in Richmond, California into affordable
housing (the “Option Agreement”).
B. County and Optionee desire to amend the Option Agreement to extend the term of the
option.
The parties therefore agree as follows:
Agreement
1. Section 2. Term of Option is deleted in its entirety and replaced with the following:
Term of Option. The term of the Option (the “Option Term”) begins on the Effective
Date and ends on the earliest to occur of the following dates:
a. December 31, 2026, at 11:59 pm.
b. Immediately upon a breach or default by Optionee under this Agreement.
c. The date Optionee acquires the Property.
2. Section 4.a Option Price; Purchase Price. is deleted in its entirety and replaced with the
following:
Option Price; Purchase Price.
a. Option Price. The purchase price for the Option is $37,500 per quarter, payable
without offset or demand on July 1, October 1, January 1 and April 1 of each year
throughout the Option Term (each payment, an “Option Payment”). Optionee shall
pay each Option Payment by check made payable to Contra Costa County. Payments
are to be sent to the County at the address set forth for County in Section 14 (Notices)
below. Option Payments will not be credited to the Purchase Price, as defined below.
3. All other terms of the Option Agreement remain unchanged.
[Remainder of Page Intentionally Left Blank]
County and Optionee are signing this amendment as of the date set forth in the introductory
paragraph.
By: _________________________________
Warren Lai
Public Works Director
RECOMMENDED FOR APPROVAL:
By: _________________________________
Jessica L. Dillingham
Principal Real Property Agent
By: _________________________________
Stacey Sinclair
Senior Real Property Agent
APPROVED AS TO FROM:
THOMAS L. GEIGER, COUNTY
COUNSEL
By: _________________________________
Kathleen M. Andrus
By: _________________________________
Aruna Doddapaneni
Senior Vice President of Development
COMMUNITY HOUSING
DEVELOPMENT CORPORATION –
NORTH RICHMOND
By: _________________________________
Donald Gilmore
Executive Director
\\PW-DATA\grpdata\realprop\100 38th Street_Richmond\Amendment to Option Agreement\Option Agreement Amendment
2025_v2 final.doc
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4592 Name:
Status:Type:Consent Item Passed
File created:In control:10/14/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public
Works Director, a blanket purchase order with Ennis-Flint Inc, in an amount not to exceed $750,000,
for traffic striping and pavement marking materials, for the period of November 1, 2025, to October
31, 2028, Countywide. (100% Local Road Funds)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE and AUTHORIZE the Purchasing Agent to execute a blanket purchase order with
Ennis-Flint Inc, for traffic striping and pavement marking materials.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the Public Works
Director,a blanket purchase order with Ennis-Flint Inc,in an amount not to exceed $750,000,for traffic
striping and pavement marking materials,for the period of November 1,2025,to October 31,2028,
Countywide.
FISCAL IMPACT:
100% Local Road Funds
BACKGROUND:
The Contra Costa County Public Works Department maintains over 650 miles of roads,79 miles of creeks and
channels, and 29 detention basins and dams throughout Contra Costa County.
On September 5,2025,the County issued Invitation for Bid (IFB)IFB-Contr-0000000021 to solicit for vendors
to supply traffic striping and pavement marking materials.Four vendors responded:Allstates Coatings
Company,Ennis-Flint Inc.,International Coatings Company Inc.,and Svevia USA Inc.Each vendor provided
their lowest prices and Ennis-Flint Inc.submitted the lowest overall prices.Ennis-Flint Inc.was determined to
be responsive and responsible, so they were selected to supply traffic striping and pavement marking materials.
This blanket purchase order will be used to procure traffic striping and pavement marking materials for striping
road center lines, fog lines, stop sign limit lines, crosswalks, and other road markings.
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CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve the blanket purchase order will prevent the Public Works Department from completing
routine and emergency road maintenance in a timely manner.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4593 Name:
Status:Type:Consent Item Passed
File created:In control:10/15/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Public
Works Director, a purchase order with Eagle Business Forms in the amount of $750,000 for
miscellaneous paper products and printing-related items, effective January 1, 2026 through December
31, 2030, Countywide. (100% User Departments)
Attachments:1. Notice of Intent to Award a Contract - Eagle Business Forms - 10.15.2025
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE a Purchase Order with Eagle Business Forms
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute on behalf of the Public Works
Director,a purchase order with Eagle Business Forms in the amount of $750,000 for miscellaneous paper
products and printing-related items,effective January 1,2026 through December 31,2030,as per bid RFP_F-
Contr-0000000121, Countywide.
FISCAL IMPACT:
The cost of paper is initially charged to the General Fund but recovered through charges to the County
Departments. (100% User Departments)
BACKGROUND:
Eagle Business Forms is a long-established local vendor specializing in custom and specialty printing,selected
due to their proximity to Print &Mail Services.They are the only local vendor that provides and manages the
sequential numbering systems required for many Sheriff and Health Services forms at no extra cost.Unlike
their competitors, Eagle Business Forms has supplied all projects given without error.
CONSEQUENCE OF NEGATIVE ACTION:
If this purchase order is not approved,Print &Mail will have to develop new relationships with multiple
vendors resulting in decreased efficiency and a marked increase in costs.
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Procurement Servi ces Division
40 Muir Road
Martinez, CA 94553-4825
Notice of Intent to Award Contract
October 15, 2025
Kris Manning
Eagle Business Forms
3000 F Danville Blvd, ste 380
Alamo, CA 94507
Email: kmanning.eagle@yahoo.com
Re: RFP_F-Contr-0000000121 Custom Forms and Miscellaneous Custom Print Business
Products
Hello Kris:
The Contra Costa County Purchasing Division “County” hereby announces its intent to award the
contract for the:
Custom Forms and Miscellaneous Custom Print Business Products
to:
Eagle Business Forms
This Notice of Intent to Award is contingent on the approval of the Board of Supervisors of Contra
Costa County and the execution of a negotiated written contract and, as a result, this Notice does
NOT constitute the formation of a contract between the County and Eagle Business Forms
(“Vendor”). The Vendor shall not acquire any legal or equitable rights relative to the contract
services until a contract containing terms and conditions acceptable to the County is executed. If
Eagle Business Forms fails to negotiate and execute a contract with the County, the County may
revoke the award and award the contract to the next highest ranked vendor or withdraw the
RFP. The County further reserves the right to cancel this Notice of Intent to Award at any time
prior to the execution of a written contract.
Thank you for participating in the competitive selection process. You will be contacted by the
Department soon for contract negotiation and signing.
Sincerely,
Anne Ortiz
Buyer II
Email: anne.ortiz@pw.cccounty.us
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4594 Name:
Status:Type:Consent Item Passed
File created:In control:10/17/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County,
a contract amendment with Fire Facilities, Inc., to increase the payment limit by $6,896 to an amount
not to exceed $401,812, for a sole source patented Law Enforcement Training Structure for the
Contra Costa Office of the Sheriff for use as a critical incident training structure for the Sheriff and
other first responder agencies at their POST certified Law Enforcement Training Center at 11990
Marsh Creek Road, Clayton area. (100% General Fund)
Attachments:1. REV Change Order_Clayton_CA_10-7-2025
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the
County, a purchase order amendment with Fire Facilities, Inc., to increase the payment limit by $6,896.38 to a
new payment limit of $401,811.38 to cover additional costs related to the patented Law Enforcement Training
Structure for the Office of the Sheriff at 11990 Marsh Creek Road, Clayton.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the County,an
amendment to a purchase order with Fire Facilities,Inc.to increase the payment limit by $6,896.38 to a new
payment limit of $401,811.38 for a sole source patented Law Enforcement Training Structure for the Contra
Costa Office of the Sheriff (Sheriff’s Office)for use as a critical incident training structure for the Sheriff and
other first responder agencies at their POST certified Law Enforcement Training Center at 11990 Marsh Creek
Road, Clayton, CA.
FISCAL IMPACT:
An amount not to exceed $6,896.38.(100%Department funds from the Contra Costa County Office of
the Sheriff)
BACKGROUND:
On October 8,2024,the Board of Supervisors approved the purchase of a Law Enforcement Training
Structure to be located at the Sheriff’s Range at their Law Enforcement Training Center at 11190
Marsh Creek Road,Clayton,CA for $369,640.On November 5,2024,the Board of Supervisors
approved an amendment to the purchase agreement increasing the amount to $394,915.
This action is to authorize a contract amendment to increase the purchase agreement amount by
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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This action is to authorize a contract amendment to increase the purchase agreement amount by
$6,896.38 for the material cost increase due to project delays.
The Sheriff’s Office operates the POST (Peace Officers Standards and Training)certified Law
Enforcement Training Center as both an agency and a regional training resource for the Sheriff and
other local, state, and federal law enforcement and first responder agencies.
Funds for the purchase of the Law Enforcement Training Structure are part of a total budget of
$954,234 allocated by the Sheriff’s Office to be paid out of its department funds.
CONSEQUENCE OF NEGATIVE ACTION:
Without the Board of Supervisors’approval,the training tower likely cannot be fabricated for delivery.
If the Board does not approve the purchase order for the Law Enforcement Training Structure,the
County will not be able to provide the unique training opportunities afforded by having such a
structure.Lost opportunities would include the ability to provide the County law enforcement
personnel and first responders with training to acquire relevant specialized skills on a collaborative,
standardized,affordable basis and to host other local,state,and federal law enforcement agencies
and first responders in developing skills utilizing such a facility.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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Change Order Form
Quote #: 5581
Date: October 7, 2025 314 Wilburn Road
Company: Contra Costa County Public Works Sun Prairie, WI. 53590
Address: 40 Muir Road, 2nd Floor ph. 800 / 929-3726
City: Martinez fax: 866 / 639-7012
State: CA 94553 SHIP TO:
Zip: Name: Contra Costa County Trng Rng
Address: 11990 Marsh Creek Road
Contact: Susan Richardson City: Clayton
Phone #: (925)812-6969 State: CA
Customer #: 60001 Zip: 94517
Email: susan.richardson@pw.cccounty.us
QY Description Part # UNIT PRICE EXT. PRICE
1 Price Increase from 9/5/2024 $6,341.50 $6,341.50
to 10/2/2025.
Sub-total $6,341.50
Freight n/a
By: S. Mertig for Steven Harms Tax $554.88
Total $6,896.38
Note: Typical ship date for materials is 4-6 weeks from date of signed purchase order.
Lead times may vary depending upon items requested.
Prices are effective for 60 days from the date of the quote.
Payment is due, in full, 30 days from the date of shipment.
Prices are in U.S. Dollars.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
effective as of the day and year set forth on this page.
[BUYER][SELLER]
By:By:
Title:Title:
Duly Authorized Representative of Buyer Duly Authorized Representative of Seller
Date:Date:
4245.SFF.0517
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4595 Name:
Status:Type:Consent Item Passed
File created:In control:10/21/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public
Works Director, individual purchase orders with: ELD Experts, LLC and Safe House Corp., each in an
amount not to exceed $3,000,000, to supply Verkada security system parts and equipment on an as-
needed basis, for the period December 1, 2025 through November 31, 2030, Countywide. (100%
General Fund)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Purchase Orders for Verkada Security System Equipment, Countywide.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent,or designee,to execute,on behalf of the Public Works
Director,individual purchase orders with:ELD Experts,LLC d/b/a Monarch and Safe House Corp.,in an
amount not to exceed $3,000,000 for each purchase order,to supply Verkada security system parts and
equipment on an as-needed basis, for the period December 1, 2025 through November 31, 2030, Countywide.
FISCAL IMPACT:
Facilities Maintenance Budget. (100% General Fund)
BACKGROUND:
The Public Works Department,Facilities Services Division,is responsible for maintaining all County buildings,
including hospitals,clinics,detention centers,and congregate care facilities.Security system repairs and
improvements are included in this required maintenance.
Facilities Services Division uses a cloud-based video surveillance system,Verkada.Verkada cameras are a
server-less solution that saves costs on server maintenance and replacement.A formal solicitation process for
Verkada equipment and supplies was recently conducted via Bidnet Direct,IFB #:CONTR-000000002,with
due date September 25,2025.After thorough review of the bids received,two vendors were selected,ELD
Experts,LLC d/b/a Monarch and Safe House Corp.These vendors can provide Verkada cameras,camera
lenses, hardware, software, and all related items as needed.
Facilities Services is requesting approval for five-year purchase orders with ELD Experts,LLC d/b/a Monarch
and Safe House Corp.for the term December 1,2025 through November 31,2030,in the amount of $3,000,000
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4595,Version:1
each.
CONSEQUENCE OF NEGATIVE ACTION:
If these purchase orders are not approved,procurement of Verkada security system parts and equipment with
ELD Experts,LLC d/b/a Monarch and Safe House Corp.will not begin,and access to Verkada supplies for
security system maintenance and repairs will be limited.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4596 Name:
Status:Type:Consent Item Passed
File created:In control:10/24/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:AUTHORIZE the Public Works Director, or designee, to solicit design build proposals for the Sherman
Recovery Center Project located at 2025 Sherman Drive, Pleasant Hill. (92% State Grants, 8%
Department Funds from Health Services Department)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Design Build Procurement for the Sherman Recovery Center Project
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
AUTHORIZE the use of design build procurement in accordance with Public Contract Code Section 22164 for
the Sherman Recovery Center Project located at 2025 Sherman Drive, Pleasant Hill.
APPROVE the criteria documents, including the concept design and specifications, for the above project.
AUTHORIZE the Public Works Director,or designee,to solicit design build proposals to be received on or
about January 22,2026,and issue Request for Proposal (RFP)addenda,as needed,for clarification of RFP
documents, provided the changes do not significantly increase the construction cost estimate.
FISCAL IMPACT:
The total cost of the Sherman Recovery Center Project is estimated at $19,750,000.Of this amount,the cost of
the Social Rehabilitation Center and related site improvements is estimated at $17,138,000,and the cost of the
permanent supportive housing is estimated at $2,612,000.In total,$18,192,060 (92.1%)is expected to be
covered by State grants with the remainder covered by Department of Health Services funds.
The cost of the Social Rehabilitation Center will be funded in part by a State of California Behavioral Health
Continuum Infrastructure Program (BHCIP)grant of $16,584,692 (96.7%)with the remainder funded by
department funds. The BHCIP grant has been awarded to the County.
The cost of the permanent supportive housing will be funded in part by a State of California Homekey+grant
of $1,607,368 (61.5%)with the remainder funded by department funds.The Homekey+grant award is
pending.If the grant is not awarded to the County,the permanent supportive housing part of the project will be
abandoned.
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BACKGROUND:
The Sherman Recovery Center Project is intended to be comprised of two complimentary parts constructed on
the same parcel.One part will be the social rehabilitation center,and the other part will be permanent
supportive housing.
The Social Rehabilitation Center will bring a new 16-bed Adult Residential Treatment (ART)facility with a
designation as a Social Rehabilitation Facility to the County.Construction will involve demolition of an
existing residential structure to make way for the new facility,a two-story home with 6 to 8 bedrooms,a large
common area and an open concept living environment.The design will offer private indoor and outdoor spaces
to engage in recovery in a homelike environment.
The ART program provides an unlocked,voluntary service environment that provides an alternative to
Institution for Mental Disease (IMD)placement where individuals can receive the services and support they
need to continue their recovery journey,resolve issues that may interfere with transitioning to a more
independent environment,and develop life skills to support community living.The average length of stay at
the ART will span 9-12 months with the opportunity to extend up to 18 months with Mental Health Plan
approval.
Upon intake to the ART program,a clinician will meet with the client to identify specific goals and objectives.
Program participants will have access to individual and group therapy,psychoeducation,case management,
peer support,and therapeutic milieu.When discharging a participant from the program,staff will review the
specialty mental health and other services being provided to the participant and will identify remaining unmet
needs.The focus of the discharge plan will be to set the individual up with housing as well as needed
outpatient services and support needed for the person to live the life of their choosing in the community.
The site is planned to include permanent supportive housing,subject to award of grant funding,immediately
adjacent to the Social Rehabilitation Center.The housing is intended to ensure a seamless transition for
participants who are ready to move to the next stage of independent living.This forward-thinking development
will reinforce the continuum of care,providing ongoing support and stability for residents as they achieve long-
term recovery goals.The scope of work for the supportive housing will include five new permanent supportive
housing units and shared laundry facilities for the residents.
Three potential design-build entities (DBEs)have been selected for the project through a competitive,
qualifications-based selection process.On September 2,2025,the Public Works Department published a
Request for Qualifications (RFQ)soliciting Statements of Qualifications (SOQs)from interested DBEs.Nine
SOQs were received.A selection committee comprised of County staff reviewed,scored and ranked the
submittals.The three highest ranking DBEs have been shortlisted.With Board approval,Public Works will
invite the shortlisted DBEs to submit proposals for design and construction services to complete the project.
Construction is expected to be completed by Spring of 2028.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board of Supervisors approval,the Sherman Recovery Center Project will not be built,the $
16,584,692 BHCIP grant opportunity will be lost,and,if awarded,the $1,607,368 Homekey+grant opportunity
will be lost.Furthermore,the County will lose an opportunity to provide better services to vulnerable County
citizens.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4597 Name:
Status:Type:Consent Item Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:AUTHORIZE the Public Works Director, or designee, to award contract to Vantis for the Antioch
Library Electrical System Upgrades Project located at 501 W. 18th Street, Antioch. (68% Measure X
Funds, 21% California State Library Building Forward Grant, and 11% Library Funds).
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Award contract to Vantis for the Antioch Library Electrical System Upgrades Project
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
(1)APPROVE the design and bid documents, including the plans and specifications, for the above project.
(2)DETERMINE that the bid submitted by One Workplace Construction, LLC, dba Vantis (Vantis)
complies with all requirements of the Project specifications, including the requirements of the County’s
Outreach Program.
(3)DIRECT that Vantis shall submit two good and sufficient security bonds (performance and payment
bonds) in the amount of $870,000 each.
(4)WAIVE any minor irregularities in Vantis’ bid.
(5)FURTHER DETERMINE that Vantis has submitted the lowest responsive and responsible bid for the
project.
(6)DIRECT that, as a condition of contract award, Vantis and its subcontractors shall execute a Project
Labor Agreement for the Project, as required by the Project Specifications.
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(7)AWARD the construction contract for the above Project to Vantis in the listed amount ($870,000)
submitted in the bid, and DIRECT the Public Works Director, or designee, to prepare the contract.
(8)ORDER that, after Vantis has signed the contract and returned it, together with the bonds, evidence of
insurance, and other required documents, and the Public Works Director has reviewed and found them to
be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board.
(9)ORDER that, in accordance with the Project specifications and upon signature of the contract by the Public
Works Director, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or
cash submitted for bid security shall be returned.
(10)AUTHORIZE the Public Works Director, or designee, to sign any escrow arrangements
prepared for this Project to permit the direct payment of retention into escrow for the substitution
of securities for monies withheld by the County to ensure performance under the contract,
pursuant to Public Contract Code Section 2230.
(11)AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant
to the Public Contract Code Section 20142. The extra cost to the County for any change or addition to the
work so ordered shall not exceed $56,000.
(12)DELEGATE pursuant to the Public Contract Code Section 4114, to the Public Works Director, or
designee, the Board’s functions under Public Contract Code Section 4107 and 4110.
(13)DECLARE that, should the award of the contract to Vantis be invalidated for any reason, the Board would
not in any event have awarded the contract to any other bidder, but instead would have exercised its
discretion to reject bids received. Nothing in this Board Order shall prevent the Board from re-awarding
the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the
contract, or fails to furnish the required bonds or insurance (See Public Contract Code Sections 5100-
5107).
FISCAL IMPACT:
$591,600 (68%)be funded through Measure X Funds,$182,700 (21%)will be funded through the California
State Library Building Forward Grant (SB 129), and $95,700 (11%) will be funded through Library Funds.
BACKGROUND:
This project will upgrade the electrical system,upgrade interior lighting and provide accessibility
improvements at the Antioch Library located at 501 W. 18th Street, Antioch.
The facility is an 11,225 square foot building constructed in 1967 with what is now an antiquated electrical
system.The upgrades include installing a new higher capacity electrical switchboard and additional service
outlets on the main library floor to serve library patrons’needs for powering their personal electronics.Interior
lighting upgrades include replacing fluorescent fixtures with more energy-efficient light emitting diode (LED)
fixtures to be in line with the County’s Climate Action Plan.The project also includes accessibility upgrades as
triggered and required by the 2022 California Building Code.
On March 11,2025,the Board of Supervisors approved the design and bid documents for the construction of the
Project and authorized the solicitation of bids in accordance with Public Contract Code Section 22037.Bids were
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Project and authorized the solicitation of bids in accordance with Public Contract Code Section 22037.Bids were
received and opened by the Public Works Department on June 5, 2025.
On July 22,2025,This Board approved the rejection of the submitted bids due to unresponsive GFE packages and
approved the re-advertisement of this project.Bids were received on September 10,,2025 and the bid results are as
follows:
Bidder Bid Amount
One Workplace Construction LLC d/b/a/ Vanti, Inc.$870,000
CB2 Builders, Inc.$1,036,340,69
The Public Works Department staff has thoroughly reviewed the bids and determined that Vantis's bid is responsive and
that Vantis has documented an adequate good faith effort to comply with the requirements of the County's Outreach
Program, as provided in the Project specifications. Staff recommends that the construction contract for this Project be
awarded to Vantis, the lowest, responsible bidder, in the amount of $870,000, as listed in Vantis's bid.
CONSEQUENCE OF NEGATIVE ACTION:
Without the Board of Supervisors approval, the project will not be constructed, the electrical system will
remain out of date and insufficient for modern power requirements in libraries, the lighting will not be energy
efficient and aligned with the County's Climate Action Plan, and the parking lot will not meet accessibility
standards.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4598 Name:
Status:Type:Consent Item Passed
File created:In control:10/20/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:Acting as the governing body of the Contra Costa County Flood Control and Water Conservation
District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to utilize Flood Control Zone
3B funds to cover the total estimated cost of $3,282 for the "Giving Natives A Chance" community
event, scheduled for Saturday, December 6, 2025, at Clayton Valley Drain in Concord. (100% Flood
Control Zone 3B Funds)
Attachments:1. County and Non-County Sponsored Events Participation form, 2. Signed Authorization
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:The Contra Costa County Flood Control and Water Conservation District Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:Approval and Authorization for Use of Flood Control Zone 3B Funds for "Giving Natives A
Chance" Community Event.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District
(Flood Control District),APPROVE and AUTHORIZE the Chief Engineer,or designee,to utilize Flood
Control Zone 3B funds to cover the expenses for the "Giving Natives A Chance"(GNAC)community event,
scheduled for Saturday,December 6,2025,at Clayton Valley Drain.This includes reimbursement for staff
costs,essential expenses,and food and beverage costs,for a total estimated cost of $3,282.An itemization of
the total cost estimate is provided in the attached “County and Non-County Sponsored Events Participation”
form.
FISCAL IMPACT:
The event will be paid for with 100% Flood Control Zone 3B Funds. Project No. 7520-6B8177
BACKGROUND:
The Flood Control District partnered with the Restoration Trust,a nonprofit organization,to develop a
volunteer planting project.GNAC was established in 2013 and has become an annual event.Plants historically
found in this creekside landscape were reintroduced and planted at varying densities to see which species and
planting methods were most successful.The project focused on testing the use of native perennials to supplant
nonnative annuals.All planted material were planted as plugs,which are relatively small,inexpensive,and easy
to plant,making them especially useful for volunteer plantings.Native plant species include Santa Barbara
sedge (Carex barbarae),field sedge (Carex pregracilis),and creeping wild rye (Leymus triticoides).These
plants are superior to nonnatives for erosion control, fire suppression, and flood control channels.
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The GNAC restoration project showcases the benefits of reestablishing native plant communities along local
streams.Existing conditions are dominated by nonnative grasses,which are poorly suited for dry conditions,
which persist over most of urbanized California.Maintenance costs are higher with nonnative plants,since they
require mowing,grazing,and pesticide application.The Flood Control District uses GNAC as a creative way to
lower maintenance costs and improve vegetation quality,while at the same time,engaging the public to raise
awareness about the importance of flood control facilities and the inherent challenges in providing community
flood protection.
In this partnership,the Restoration Trust initiates the study,provides project oversight,orders planting
materials,supplies,and provides post-project monitoring.The Flood Control District provides the location,
prepares the site,purchases the plant material,conducts volunteer outreach,and maintains the site after
planting.
Since 2022,following a break for the COVID period,this event has annually engaged over 30 volunteers and
facilitated the planting of approximately 5,000 native plant plugs each year.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval, the Flood Control District will be unable to host and organize the GNAC event.
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4599 Name:
Status:Type:Consent Item Passed
File created:In control:10/15/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:Acting as the governing board of the Contra Costa County Flood Control and Water Conservation
District, APPROVE and AUTHORIZE the conveyance of a Soundwall Maintenance Easement to TH
Danville Camino Ramon LLC across a portion of District’s access road along APN: 218-880-027 for
the purposes of accessing and maintaining a soundwall to be located at 3020 Fostoria Way, as
recommended by the Chief Engineer, Danville area. (No fiscal impact)
Attachments:1. Grant of Easement-Soundwall Maintenance
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Warren Lai, Public Works Director/Chief Engineer
Report Title:APPROVE the Conveyance of a Grant of Easement to TH DANVILLE CAMINO RAMON,
LLC Danville area
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing board of the Contra Costa County Flood Control and Water Conservation District,
APPROVE the conveyance of a Grant of Easement-Soundwall Maintenance (Easement)to TH DANVILLE
CAMINO RAMON LLC (Grantee)across a portion of District’s access road along San Ramon Creek for the
purpose of accessing and maintaining a soundwall to be located on Grantee’s property at APN:218-880-027,as
recommended by the Chief Engineer and pursuant to Section 31 of the Contra Costa County Flood Control and
Water Conservation District.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Flood Control &Water Conservation District (District)is working with TH DANVILLE CAMINO
RAMON LLC who is developing a subdivision at 3020 Fostoria Way (APN 218-090-034)(Borel Property)in
Danville.
TH DANVILLE CAMINO RAMON LLC’s proposed project is adjacent to San Ramon Creek and includes
improvements such as realignment of the District’s access road within parcel L and building a soundwall and
fencing between the District’s access road and TH DANVILLE CAMINO RAMON LLC’s proposed housing
community.Parcel L was created by TH DANVILLE CAMINO RAMON LLC.Parcel L provides the District
full ownership of the access road along San Ramon Creek.Parcel L will be dedicated to the District by separate
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instrument.
As part of the Town of Danville’s (Town)review of TH DANVILLE CAMINO RAMON LLC’s project plans,
the Town set a condition of approval requiring TH DANVILLE CAMINO RAMON LLC to obtain an easement
or license agreement from the District.
The District agrees to grant an easement to allow the future Homeowner’s Association of the Borel
development to conduct routine maintenance without needing to acquire a District encroachment permit for
each routine activity.
The project is a Housing Opportunity site and is exempt from CEQA.Routine maintenance of the soundwall
allowed by the said Easement is exempt from CEQA pursuant to Article 19,Section 15301 as it involves
maintenance of a structure involving negligible use (minor repairs,removing graffiti,and clearing debris and
trash and vegetation within the District access road).
CONSEQUENCE OF NEGATIVE ACTION:
The Easement would not be granted to TH DANVILLE CAMINO RAMON LLC.TH DANVILLE CAMINO
RAMON LLC would apply for a District encroachment permit for each routine maintenance activity needed for
the soundwall.
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Recorded at the request of:
Contra Costa County
After recording return to:
TruMark Homes
3001 Bishop Dr., STE 100
San Ramon, CA 94583
Attn: Heide Antonescu
Mail Tax Statement to:
Contra Costa County
Flood Control and Water
Conservation District
255 Glacier Drive
Martinez, CA 94553
Attn: Real Estate Division
Portion of A.P.N. 218-880-027
GRANT OF EASEMENT
SOUNDWALL MAINTENANCE
For good and valuable consideration, including but not limited to the agreements contained
herein, the receipt and sufficiency of which are hereby acknowledged, CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a flood control district
organized under the laws of the State of California, (hereinafter “DISTRICT”), hereby grants
to TH DANVILLE CAMINO RAMON, LLC a California limited liability company (hereinafter
“GRANTEE”), a nonexclusive right to a perpetual nonexclusive 20’ wide permanent easement
on a portion of District property identified as APN 218-880-027 (Property) for purposes of
pedestrian access, and routine maintenance of Grantee’s soundwall, fencing and
appurtenances thereto, and for no other purposes whatsoever, along and in all of the
hereinafter described parcel of land situated in the County of Contra Costa, State of California,
described as follows:
FOR DESCRIPTION, SEE ATTACHED EXHIBITS “A”, “B” AND “C”
The foregoing grant is made subject to the following terms and conditions:
1. PRIMARY USE OF THE PROPERTY The DISTRICT’s primary use of the Property
subject to this easement is for purposes, including, but not limited to, the right to use
the entire access road and to maintain the District’s San Ramon Creek.
GRANTEE acknowledges and agrees that the use just described constitutes the
primary use of the Property and that any and all rights granted or implied by this Grant
of Easement are secondary and subordinate to the primary use of the Property by the
DISTRICT, its successors and assigns. GRANTEE shall not, at any time, use or permit
the public to use the easement area in any manner that will interfere with or impair
2
the DISTRICT’s primary use of the Property. GRANTEE shall not fence said easement
without the prior written approval of the DISTRICT, and shall remove any fencing
when requested by DISTRICT to do so. GRANTEE shall not otherwise obstruct the
easement area.
2. USE:. This easement allows pedestrian access to the soundwall for routine
maintenance work such as, clearing debris and trash, vegetation, removing unwanted
markings (signage, graffiti, paint, etc.), minor repair damage and, broken wall or
fencing. If vehicle access or non-routine maintenance work is needed, a temporary
Flood Control District Encroachment Permit shall be requested by the Grantee from
the Grantor.
A District Encroachment Permit can be requested by contacting Contra Costa County
Flood Control & Water Conservation District by phone at (925) 313-2000 or by email
at FLDContr@pw.cccounty.us.
3. DISTRICT TITLE: GRANTEE hereby acknowledges DISTRICT’s title to the Property
and agrees never to assail, or resist said title.
4. CONSTRUCTION AND MAINTENANCE ACTIVITIES:
a) GRANTEE shall, prior to any construction, reconstruction, remodeling,
excavation, installation of its soundwall and fencing in the easement area, submit
specific plans and specifications to the DISTRICT for review and approval. Such
approval, together with any additional requirements to be in the form of a written
permit issued by DISTRICT to GRANTEE.
b) Normal maintenance by GRANTEE of its soundwall and fencing in the easement
area, including inspection and cleaning of the soundwall and fencing, shall not require
prior notice to the DISTRICT. GRANTEE shall perform maintenance of its facilities so
as to prevent damage to the easement area.
5. DAMAGE TO DISTRICT PROPERTY: Any and all DISTRICT Property, facilities,
landscaping or other improvements, removed or damaged as a result of the use of
the easement area by GRANTEE, or any other person or entity acting under
GRANTEE’s direction or control, shall, at DISTRICT’s discretion and direction, be
repaired or replaced by DISTRICT, with all reasonable costs and expenses to be paid
by GRANTEE (including but not limited to engineering costs and legal costs of
collecting any unpaid expenses) or shall be repaired or replaced by GRANTEE, at the
sole cost and expense of GRANTEE, equivalent to or better than the condition prior to
such removal or damage. In the event that GRANTEE fails to commence the required
work within thirty days after being directed to do so by DISTRICT, or such reasonable
extension as DISTRICT may agree to in writing, or fails to complete the required work
within a reasonable time thereafter, DISTRICT may perform or complete the work at
the expense of GRANTEE, which expense GRANTEE agrees to pay to DISTRICT
promptly upon demand, including but not limited to engineering costs and any legal
expenses incurred to collect such costs.
6. DAMAGE TO GRANTEE’S FACILITIES: DISTRICT shall have no responsibility for
the protection, maintenance, damage to, or removal of GRANTEE’s facilities,
3
appurtenances or improvements, caused by or resulting from DISTRICT’s use of the
Property or work or operation thereon. It shall be the sole responsibility of the
GRANTEE to provide and maintain adequate protection and surface markings for its
own facilities.
7. NON-EXCLUSIVE EASEMENT: The easement granted hereunder is non-exclusive.
This easement is subject and subordinate to all existing rights, rights of way, licenses,
reservations, franchises and easements of record, or that would be evident from a
physical inspection or accurate survey of the Property, in and to the Property.
DISTRICT shall have the right to require GRANTEE to modify, remove or relocate its
facility within the easement area or to a similar easement to be granted to GRANTEE
by DISTRICT at no cost, in a timely manner at GRANTEE’s sole cost as reasonably
necessary to accommodate the DISTRICT’s, or any other existing user’s right to
construct, replace, enlarge, repair, maintain and operate its facilities, in the same
manner as required by Section 4 of this easement, including the rights and remedies
contained therein. GRANTEE agrees to take all precautions required to avoid damage
to the facilities of the existing users. If GRANTEE damages the facilities or
improvements of any existing user, GRANTEE shall repair or replace such facilities at
GRANTEE’s sole cost and expense. Nothing contained herein shall be construed to
prevent DISTRICT from granting other easements, franchises, licenses or rights of
way over said lands, provided however, that said subsequent uses do not
unreasonably prevent or obstruct GRANTEE’s easement rights hereunder.
8. INDEMNIFICATION, AS-IS CONDITION OF PROPERTY:
a) In the exercise of all rights under this easement, GRANTEE shall be responsible
for any and all injury to the public, to persons and to property arising out of or
connected with GRANTEE’s use of the Property. GRANTEE shall indemnify, defend,
save, protect and hold harmless, DISTRICT, its officers, agents, employees and
contractors from and against any and all threatened or actual loss, damage (including
foreseeable and unforeseeable consequential damages), liability, claims, suits,
demands, judgments, orders, costs, fines, penalties or expense of whatever character,
including but not limited to those relating to inverse condemnation, and including
attorneys’ fees, (hereinafter collectively referred to as “Liabilities”) to persons or
property, direct or consequential, directly or indirectly contributed to or caused by the
granting of this easement, GRANTEE’s operations, acts or omissions pursuant to this
easement, or the GRANTEE’s use of the easement, save and except Liabilities arising
through the sole negligence or sole willful misconduct of the DISTRICT, its officers or
employees. GRANTEE acknowledges that Property subject to this easement is in a
flood control area. GRANTEE agrees that GRANTEE shall never have, claim or assert
any right or action against DISTRICT or the County of Contra Costa in the event of
damage to or disruption of GRANTEE’s facilities caused or contributed to by flooding
or water, and shall indemnify, defend, save, protect and hold DISTRICT harmless from
all Liabilities resulting from such damage or disruption.
b) GRANTEE further agrees to defend, indemnify, save, protect and hold
harmless, DISTRICT from any and all actual or threatened claims, costs, actions or
proceedings to attack, set aside, void, abrogate or annul this grant of easement or
any act or approval of DISTRICT related thereto.
c) GRANTEE accepts the easement area in an “as is” physical condition, with no
4
warranty, guarantee, representation or liability, express or implied on the part of the
DISTRICT as to any matter, including but not limited to the physical condition of the
Property and/or the condition and/or possible uses of the land or any improvements
thereon, the condition of the soil or the geology of the soil, the condition of the air,
surface water or groundwater, the presence of known and unknown faults, the
presence of any hazardous substance, materials, or other kinds of contamination or
pollutants of any kind in the air, soil, groundwater or surface water, or the suitability
of the Property for the construction and use of the improvements thereon. It shall be
the sole responsibility of GRANTEE, at its sole cost and expense, to investigate and
determine the suitability of the soil, water, geologic, environmental and seismic
conditions of the Property for the intended use contemplated herein, and to determine
and comply with all building, planning and zoning regulations relative to the Property
and the uses to which it can be put. GRANTEE relies solely on GRANTEE’s own
judgment, experience and investigations as to the present and future condition of the
Property or its suitability for GRANTEE’s intended use and is not relying in any manner
on any representation or warranty by DISTRICT. GRANTEE agrees that neither
GRANTEE, its heirs, successors or assign shall ever claim have or assert any right or
action against DISTRICT for any loss, damage or other matter arising out of or
resulting from the presence of any hazardous substance or any other condition of the
Property at the commencement of the easement or from the release of any hazardous
substance in, on or around any part of the Property or in the soil, water, subsurface
strata or ambient air by any person or entity other than the DISTRICT following the
commencement of this easement. As used herein, “hazardous substance” means any
substance, material or waste which is or may become designated, classified or
regulated as being “toxic,” “hazardous” or a “pollutant” under any federal, state or
local law, regulation or ordinance. Nothing in this section is intended in any way to
restrict the right of GRANTEE to seek contribution or indemnity from any person or
entity other than DISTRICT whose activities are a cause of any discharge, leakage,
spillage or emission of hazardous materials on or to the Property.
d) To the extent permitted by law, GRANTEE shall indemnify, defend, save,
protect and hold the DISTRICT harmless from and against any and all claims,
demands, Liabilities, expenses (including without limitation attorneys fees and
consultants fees), penalties, damages, consequential damages and losses, and costs
(including but not limited to the costs of any required testing, remediation, repair,
removal, cleanup or detoxification of the Property and surrounding properties and
from and against the preparation of any cleanup, remediation, closure or other
required plans whether such action is required or necessary prior to or following the
termination of the easement), of any kind or nature, to the extent caused or
contributed to by GRANTEE’s operation or performance under this easement, or
GRANTEE’s use, release or disposal of any hazardous substance, including all costs,
claims, damages (including property and personal injury) caused by the uncovering,
release or excavation of hazardous materials (including petroleum) as a result of
GRANTEE’s construction, reconstruction, maintenance, use, replacement, or removal
of its facilities, to the extent that such activities increase the costs attributable to the
cleanup or remediation of such hazardous materials.
e) The obligations contained in this section shall survive the expiration or other
termination of this easement.
5
9. NO WARRANTIES: GRANTEE understands and acknowledges that DISTRICT makes
no representations, warranties or guarantees of any kind or character, express or
implied, with respect to the Property, and GRANTEE is entering into this transaction
without relying in any manner on any such representation or warranty by DISTRICT.
10. ABANDONMENT: In the event GRANTEE shall cease to use the easement herein
continuously for a period of one year, or in the event GRANTEE abandons its facilities
or fails to use the easement for the purpose for which it is granted, then all rights of
GRANTEE in and to said lands shall thereupon cease and terminate and shall
immediately revert to and vest in DISTRICT or its successors. Upon any such
termination of GRANTEE’s rights, GRANTEE shall, upon request by DISTRICT, and at
GRANTEE’s sole cost and expense, remove all of its facilities from the easement area
and restore said Property to its original condition. Upon the failure of GRANTEE to do
so, this work may be performed by DISTRICT at GRANTEE’s expense, which expense
GRANTEE agrees to pay to DISTRICT upon demand. GRANTEE shall execute any
Quitclaim Deeds required by DISTRICT in this regard.
11. ASSIGNMENT OF EASEMENT: By written notice to the DISTRICT, the easement
may be assigned by TH DANVILLE CAMINO RAMON, LLC following the DISTRICT’s
written acknowledgement.
12. NO SECONDARY RIGHTS: Nothing herein contained shall be deemed to construe
that access or other secondary rights are conveyed by this document over any of
DISTRICT’s adjacent lands lying outside of the aforesaid strip of land above described.
13. ENTIRE AGREEMENT: This grant of easement contains the entire agreement
between the parties hereto and shall not be modified in any manner except by an
instrument in writing executed by the parties or their respective successors in interest.
14. CONSTRUCTION: This grant of easement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties have prepared it. The
parties to this grant of easement and their counsel have read and reviewed this grant
of easement and agree that any rule of construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply to the interpretation of this
grant of easement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
15. SUCCESSORS AND ASSIGNS: This indenture and all of the covenants herein
contained shall inure to the benefit of and be binding upon the heirs, successors and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, this Grant of Easement is signed and executed this day of
__________________ 2025.
CONTRA COSTA COUNTY FLOOD TH DANVILLE CAMINO
CONTROL & WATER CONSERVATION RAMON LLC, a California limited liability
DISTRICT company
By By
Warren Lai Tony Bosowski
Chief Engineer Authorized Agent
\\pw-data\grpdata\realprop\Borel Property, Danville\EA.17PA-Mwork2 Grant of Easement - District - Borel Property - BOS Agenda
Final.docx
(APPROVED AS TO FORM by County Counsel 07/99)
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On before me, Clerk of the Board of Supervisors, Contra Costa County, personally
appeared ___________________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/t heir signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature:
Deputy Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that
document.
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P:\29036\SRV\Mapping\Plats and Desc\Desc\Wall Maintenace Exhibit A.doc
EXHIBIT “A”
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE TOWN OF DANVILLE, CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, BEING THE LANDS OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS DESCRIBED IN THE
DOCUMENT FILED FOR RECORD IN BOOK 5557, PAGE 321, OF OFFICIAL RECORDS CONTRA
COSTA COUNTY RECORDS AND PARCEL L OF SUBDIVISION 9594 FILED OCTOBER 10, 2024,
IN BOOK 558 OF MAPS, AT PAGE 21, CONTRA COSTA COUNTY RECORDS.
END OF DESCRIPTION
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P:\29036\SRV\Mapping\Plats and Desc\Desc\Wall Maintenace Exhibit B.doc
EXHIBIT “B”
LEGAL DESCRIPTION OF GRANTEE’S PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF DANVILLE, CONTRA
COSTA COUNTY, STATE OF CALIFORNIA, BEING ALL OF SUBDIVISION 9594 FILED
OCTOBER 10, 2024, IN BOOK 558 OF MAPS, AT PAGE 21, CONTRA COSTA COUNTY RECORDS.
EXCEPTING THEREFROM
PARCELS L AND M OF SAID SUBDIVISION 9594.
END OF DESCRIPTION
PARCEL J
5
89
2
PARCEL L
14
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PARCEL G
12
710
PARCEL B
PARCEL E
PARCEL F
13
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4
3
13
710
12
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89
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14
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20' WALL
MAINTENANCE
EASEMENT
20' WALLMAINTENANC
E
EASEMENT
PARCEL A
PARCEL B
PARCEL C
PA
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PA
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MB 1" = 100'29036
DATE JOB NO.SCALEDRAWN
EXHIBIT C
TOWN OF DANVILLE
20' WALL MAINTENANCE
EXHIBIT
CALIFORNIA
MAY 2025
Exhibit "C"
1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4601 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:DENY claims filed by Gerardo Amezcua; Yvonne Chappelone; Daniel Favela; Lonny Guy Fisher;
Dorothy Griffin; Trinity Leigh-Ann LeClear; Gervin Gustavo Lopez Escalante; Rachel Mason; Ciriaco
Leonardo Morales; John Muir MC, Concord Campus for Alberta Johnson; Mila Olds; Aaron Perez &
Mariam Balestier; Justin Russo (2); Cielo Randa Sambas; San Ramon Regional MC for Walter Pucci;
Sheri Tachera; Miguel Taveras; and Kimberly & Robert Young.
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:Monica Nino, County Administrator
Report Title:Claims
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
DENY claims filed by Gerardo Amezcua; Yvonne Chappelone; Daniel Favela; Lonny Guy Fisher; Dorothy
Griffin; Trinity Leigh-Ann LeClear; Gervin Gustavo Lopez Escalante; Rachel Mason; Ciriaco Leonardo
Morales; John Muir MC, Concord Campus for Alberta Johnson; Mila Olds; Aaron Perez & Mariam Balestier;
Justin Russo (2); Cielo Randa Sambas; San Ramon Regional MC for Walter Pucci; Sheri Tachera; Miguel
Taveras; and Kimberly & Robert Young.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Gerardo Amezcua: Property claim for lost boots in the amount of $220.
Yvonne Chappelone: Property claim for damage to vehicle in the amount of $7,995.
Daniel Favela: Personal injury claim related to school incident in the amount of $100,000,000.
Lonny Guy Fisher: Personal injury claim related to vehicle accident in an amount exceeding $5,000,000.
Dorothy Griffin: Personal injury claim for an unspecified accident in an undisclosed amount.
Trinity Leigh-Ann LeClear: Personal injury claim related to dangerous tree limb in an amount exceeding
$35,000.
Gervin Gustavo Lopez Escalante: Personal injury claim related to vehicle collision in the amount of
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4601,Version:1
$100,000,000.
Rachel Mason: Personal injury claim for an undisclosed accident in an undisclosed amount.
Ciriaco Leonardo Morales: Property claim for lost phone, airpods and money in the amount of $1,200.
John Muir MC, Concord Campus for Alberta Johnson: Claim for underpayment of medical charges in the
amount of $6,176.31.
Mila Olds: Personal injury claim for injuries sustained from dangerous tree limb in an amount exceeding
$35,000.
Aaron Perez & Mariam Balestier: Personal injury claim related to vehicle accident in the amount of
$1,000,000.
Justin Russo (1): Civil rights claim related to jail conditions in the amount of $662,000.
Justin Russo (2): Civil rights claim related to jail conditions in the amount of $25,000.
Cielo Randa Sambas: Personal injury claim concerning claims of retaliation and wrongful surveillance in an
amount to be determined.
San Ramon Regional MC for Walter Pucci: Claim for underpayment of medical charges in the amount of
$99,203.19.
Sheri Tachera: Personal injury claim related to dangerous tree limb in an amount exceeding $35,000.
Miguel Taveras: Property claim for damage to vehicle in the amount of $2,463.80.
Kimberly & Robert Young: Personal injury claim related to trip and fall in the amount of $1,000,000.
CONSEQUENCE OF NEGATIVE ACTION:
Not acting on the claims could extend the claimants’ time limits to file actions against the County.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:1RES 2025-
382
Name:
Status:Type:Consent Resolution Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:ADOPT Resolution No. 2025-382 authorizing the Sheriff-Coroner, or designee, to apply for and accept
grant funding in an amount not to exceed $522,382 from the Department of Parks and Recreation,
Division of Boating and Waterways Financial Aid Program, for marine patrol and boating regulation
enforcement for the period July 1, 2026 through June 30, 2027. (100% State, No County match)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To: Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:California Department of Parks and Recreation, Division of Boating and Waterways Financial
Aid Program Agreement FY 2026-2027
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a Resolution authorizing the Sheriff-Coroner, or designee, to apply for and accept grant funding in an
initial amount not to exceed $522,382 from the California Department of Parks and Recreation, Division of
Boating and Waterways Financial Aid Program, for marine patrol and boating regulation enforcement for the
period of July 1, 2026 through June 30, 2027.
FISCAL IMPACT:
An initial grant amount of $522,382 has been granted by the State. The Office of the Sheriff receives annual
funding from the California Department of Parks and Recreation, Division of Boating and Waterways that is
incorporated in the baseline budget. No county match is required.
BACKGROUND:
The California Department of Parks and Recreation, Division of Boating and Waterways (DBW) provides
funding to the Office of the Sheriff to maintain the service level of their Marine Patrol Unit on the Delta
Waterways. Marine patrol operations cost roughly $2.4 million per year of which DBW has awarded $522,382
for the last fiscal year, and $738,249 for each of the prior five fiscal years. DBW funding provides the ability
for more vigilant enforcement of boating regulations.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve, it will result in failure to secure State funding, which will cause further reduction
in Marine Patrol Services.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:RES 2025-382,Version:1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
.IN THE MATTER OF Applying for and Accepting the FY 2026-2027 California Department of Parks and
Recreation, Division of Boating and Waterways Financial Aid Program Agreement,
WHEREAS, the County of Contra Costa is seeking funds available through the California Department of Parks
and Recreation, Division of Boating and Waterways Financial Aid Program Agreement; County of Contra
Costa shall not allocate funds to any County or public agency within a County unless County of Contra Costa
receives a resolution adopted annually by the Board of Supervisors authorizing the County to participate in the
program and certifying that the County will expend for boating safety programs during that year not less than
an amount equal to 100 percent of the amount received by the County from personal property taxes on vessels.
The money allocated to a County pursuant to subdivision (a) shall be used only for boating safety and
enforcement programs, as specified in subdivision (b), that are conducted in that County.
1.In the case of a local government agency within a County, a certified copy of the resolution or minute
order shall accompany the application for financial aid from the local government entity, as well as a
certified copy of the resolution or minute order from its County Board of Supervisors, authorizing the
agency to participate in the program.
2.The resolution or minute order shall:
A.Authorize the chairperson or designated agency representative, to sign the application and
contract.
B.Authorize the chairperson, or designated agency representative, to sign the department’s form
for each reimbursement claim.
C.Authorize the County Auditor to certify the amount of prior year vessel taxes received by the
County.
3.The department may deny the application if the applicant agency fails to provide the above referenced
information or data. Additionally, 100% of the vessel taxes will be committed to the program.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner,
Undersheriff, or Chief of Management Services, to sign the application, contract, and County of Contra Costa
form for each reimbursement claim; authorizes the County Auditor-Controller to certify the amount of prior
year vessel taxes received by County of Contra Costa. And on behalf of the County of Contra Costa, a public
entity established under the laws of the State of California, an action necessary for the purpose of obtaining
financial assistance including Agreement modifications and extensions provided by California Department of
Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4602 Name:
Status:Type:Consent Item Passed
File created:In control:10/22/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Sheriff-Coroner, to execute a
purchase order with Quest Software, Inc. in an amount not to exceed $8,824 for software updates and
vendor support services, for the period October 10, 2025 through August 9, 2026. (100% General
Fund)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Quest Software, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Sheriff-Coroner, to execute a purchase
order with Quest Software, Inc. to provide KACE software updates and vendor support services for the Office
of the Sheriff, in an amount not to exceed $8,824, for the period October 10, 2025 through August 9, 2026.
FISCAL IMPACT:
Approval of this request will result in up to $8,824 in contractual service expenditures over a 1-year period and
will be funded 100% by the General Fund.
BACKGROUND:
KACE by Quest Software, Inc. is a systems management software application. KACE is used by the Office of
the Sheriff Technical Services Division to track IT work items and assign issues. It allows for information to be
centrally collected, updated and easily searchable. It is a ticketing system for the helpdesk team, and also
functions as a device tracking tool, a deployment tool and a knowledge base repository.
This agreement allows the Office of the Sheriff to renew vendor support to ensure software updates and issues
can be appropriately addressed by the manufacturer. Quest Software, Inc. does not sell direct to customers,
therefore KACE will be purchased through DLT Solutions, LLC., a third-party reseller. (Note: DLT Solutions,
LLC was bought out by TD Synnex but still operates under DLT Solutions, LLC)
This Software Transaction Agreement includes a limitation of liability and indemnification from the County to
CONTRA COSTA COUNTY Printed on 11/6/2025Page 1 of 2
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File #:25-4602,Version:1
Quest Software, Inc.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve, there will be no vendor support. This will cause a significant impact to
operational efficiency due to the inability to centrally assign, prioritize and track the services that IT provides.
More staff would be needed to deploy updates to PCs and servers.
CONTRA COSTA COUNTY Printed on 11/6/2025Page 2 of 2
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1025 ESCOBAR STREET
MARTINEZ, CA 94553CONTRA COSTA COUNTY
Legislation Details (With Text)
File #: Version:125-4603 Name:
Status:Type:Consent Item Passed
File created:In control:10/23/2025 BOARD OF SUPERVISORS
On agenda:Final action:11/4/2025 11/4/2025
Title:APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Sheriff-
Coroner, a purchase order with Thermo Electron North America LLC in an amount not to exceed
$18,052 for maintenance, repairs, and an extended warranty for the Infrared Spectrometer device
used to examine evidence in the forensics division, for the period November 3, 2025 through
November 2, 2028. (100% General Fund)
Attachments:
Action ByDate Action ResultVer.Tally
BOARD OF SUPERVISORS11/4/2025 1
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Report Title:Thermo Electron North America LLC
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Sheriff-Coroner, a
purchase order renewal with Thermo Electron North America LLC in an amount not to exceed $18,052 for
maintenance, repairs and an extended warranty for the Infrared Spectrometer at the Office of the Sheriff
Forensics Division, for the period November 3, 2025 through November 2, 2028.
FISCAL IMPACT:
Approval of this request will result in up to $18,052 in contractual service expenditures and will be funded
100% by the General Fund.
BACKGROUND:
The Contra Costa County Sheriff’s Crime Laboratory is responsible for the analysis of controlled substances for
the criminal justice system. The Infrared Spectrometer, a device used for examination of evidence, requires
preventative maintenance and extended warranty repairs to ensure that the instrument is working properly.
Thermo Electron North America LLC provides certified technicians that perform maintenance and repairs on
the Infrared Spectrometer.
The Terms & Conditions include a limitation of liability and indemnification from the County to Thermo
Electron North America LLC.
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File #:25-4603,Version:1
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve, the Office of the Sheriff Forensics laboratory will be unable to conduct
preventive maintenance or repairs needed for the Infrared Spectrometer, which would result in suspension of
the analysis of controlled substances.
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