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HomeMy WebLinkAbout2013-03-04-13 HRA AgendaHOUSING & REDEVELOPMENT AUTHORITY AGENDA 6:30 P.M. Si ecial Meeting March 4, 2013 Conference Room 1, City Hall 590 40T`r AVE., COLUMBIA HEIGHTS, MN 1. Call to Order 2. Roll Call Tammera Diehm, Chair Bobby Williams, Vice Chair Rheta Nelson 3. Pledge of Allegiance Public Hearing Bruce Nawrocki Donna Schmitt, Secretary /Treasurer Gary Peterson 4. Amendment to the PHA Plan (including approval of Conversion Assessment and Conversion Plan) Resolution 2013 -04 Motion move to waive the reading of Resolution 2013 -04, there being ample copies available to the public. Motion move to adopt Resolution 2013 -04, approving Resolution of the Columbia Heights Housing and Redevelopment Authority Confirming Approval and Significant Amendment to the 5 -year annual plan. Business Items 5. Approve Beautician License Agreement with Carmen Knahe Motion: move to approve `Beautician Licensing Agreement' Dated March 4, 2013, by and between the City of Columbia Heights Housing and Redevelopment Authority and Carmen Knake. The next HRA rneeting will be Monday. April 23, 2013 at Parkview Villa. COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Special Meeting of: March 4, 2013 AGENDA SECTION: Public Hearing ORIGINATING EXECUTIVE NO: 4 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: PHA Plan Amendment and Conversion BY: Scott Clark BY: Assessment and Plan DATE: February 26, 2013 BACKGROUND: The next steps in the sale of Parkview, Villa is for the HRA to take action on a Conversion Assessment and Conversion Plan, in addition to a PHA Plan Amendment stating that the aforementioned action will be implemented. The Conversion Plan is a second try at the dissolution of the Public Housing Agency contract with the Department of Housing and Urban Development (HUD). The bottom line summary of these actions is 1) A Conversion Assessment illustrates, by the use of a I-IUD matrix, that the cost of operating the units as tenant -based housing ( meaning using project based section 8 as the form of assistance) is less than operating the facility as public housing with related assistance. The analysis, as shown on the Plan, illustrates a 11% cost saving to HUD 2) A Conversion Plan is the written process requirement for voluntary conversion of public housing to the voucher program described in item #1. The Plan describes the process, the maintaining of affordability, the use of net proceeds for renovation and the rationale for sale and conversion. Lastly, the other action is an amendment to the PHA Plan that simply states the above process. A 45 day review and comment period was held (the actual plan was reviewed at two community meetings) and no North residents formally commented on the Plan. One South resident did send a letter of inquiry and was responded to in kind. RE,COMMENDATION: Staff recommends the attached resolution. Note the resolution was developed through AEON'S attorney to be in an appropriate form that HUD will accept. The passage of this resolution approves the PHA amendment and also approves and requests submission of the Conversion Assessment and Plan. RE' COMMENDED MOTION: Motion: Move to waive the reading of resolution 2013 -04 there being ample copies available to the public. Motion: Move to adopt Resolution 2013 -04, approving Resolution of the Columbia Heights Housing and Redevelopment Authority Confirming Approval and Significant Amendment to 5 -Year and Annual Plan. Attachments: Resolution 2013 -04, Conversion Assessment, Conversion Plan, Relocation Plan and all other related HRA ACTION: HRA RESOLUTION 2013 -04 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) CONFIRMING APPROVAL AND SIGNIFICANT AMENDENT TO 5 -YEAR AND ANNUAL PHA PLAN WHEREAS, the Significant Amendment to 5 -Year and Annual PHA Plan (the Amendment) provides for the voluntary conversion to vouchers of the 101 -unit Parkview Villa North public housing development (the Development); and WHEREAS, the Amendment strikes current text in Section 7.0 of the 5 -Year Plan for fiscal years beginning January 1, 2010 and the Annual Plan for the fiscal year beginning January 1, 2013 and substitutes the following: "The HRA is submitting a voluntary conversion to HUD for its 101 units of public housing under Section 22 of the United States Housing Act of 1937 and related requirements of the U.S. Department of Housing and Urban Development (HUD). The attached Conversion Assessment and Conversion Plan describe this action and the reasons for it. It is anticipated that, subject to fulfillment of all HUD requirements, the result will be a renovated development assisted by project -based vouchers with continued availability to current and future low- income households. In accordance with HUD requirements, the Conversion Assessment is submitted with the PHA's 5 -Year and Annual Plan as amended by this Significant Amendment and the Conversion Plan is made part of the 5 -Year and Annual Plan as amended by this Significant Amendment."; and WHEREAS, the Amendment's text was published for review and comment in the local newspaper and copies have been available for review at the local Public Library, administrative offices of the PHA, and the PHA development management office; and WHEREAS, HRA staff met with the Resident Council of the Development, which also serves as the Resident Advisory Board, to review the Amendment, the Conversion Assessment and the Conversion Plan and received no written comments; and WHEREAS, the Board of Coin inissioners has reviewed the Amendment, the Conversion Assessment and the Conversion Plan and supports the contemplated actions as the best means of utilizing the Development to further long -term affordable housing in Columbia Heights; NOW, THEREFORE BE IT RESOLVED, by the Board of Coin inissioners of the Columbia Heights Housing & Redevelopment Authority that: (1) the Amendment to the 5 -Year and Annual Plan is adopted, provided that the Executive Director may make any necessary corrections or modifications to the Conversion Assessment and Conversion Plan prior to their submission to the U.S. Department of Housing and Urban Development (HUD); and (2) the Executive Director is authorized to take all actions necessary to provide for consideration and approval by HUD of the proposed voluntary conversion of the Development and otherwise to provide for the successful conversion, transfer of ownership and figure use of the Development as proposed in the Conversion Assessment and Conversion Plan. 1243370.3036968 FILE ADOPTED THIS 4"' Day of March, 2013 MOTION BY: SECONDED BY: ROLL CALL: HOUSING & REDEVELOPMENT AUTHORITY Chair- 'fammera Diehm Executive Director - Walter Fehst 1243370.3036968 FILE For HRABoard of Commissioners Consideration on March 4, 2013 Columbia Heights Housing and Redevelopment Authority Voluntary Conversion CONVERSION ASSESSMENT Parkview Villa North is a nine story, 101 -unit public housing high rise for seniors and/or disabled households owned and operated by the Columbia Heights Housing and Redevelopment Authority (HRA). It is anticipated that, subject to fulfillment of all HUD requirements, the result of voluntary conversion will be a renovated development assisted by project -based vouchers with continued availability to current and future low- income households. The Conversion Assessment is a basic requirement for voluntary conversion of public housing to vouchers. A discussion of each of its five required elements per §972.218 follows: (a) Cost Analysis The Columbia Heights Housing and Redevelopment Authority ( "HRA ") completed the HUD - supplied cost analysis, comparing the cost of providing Section 8 tenant -based assistance with the cost of continuing to operate the development as public housing. The cost analysis shows public housing costs exceeding voucher costs by 11 %. (h) Analysis of the Market Value (1) In January and February 2013, the BRA had an independent appraisal conducted for Parkview Villa North to compare the market value of the development before and after rehabilitation. (2) The conclusions are as follows: Current Value "As Is" Public Housing - $3,850,000 Future Value "Post Rehab" Public Housing — $4,760,000 Current Value "As Is" Assisted Housing - $5,200,000 Current Value "As Is" Market Rate Housing - $5,600,000 Future Value "Post Rehab "Assisted Housing — $6,190,000 Future Value "Post Rehab" Market Rate Housing— $6,790,000 "Highest and Best Use" Value or "Market Value" - $6,790,000 (3) A copy of the appraisal demonstrating the findings and analysis of market value of the development is included in the attachments. Parkview Villa — Conversion Assessment and Plan Page 1 For HRA Board of Commissioners Consideration on March 4 2013 (c) Analysis ofRental Market Conditions (1) The HRA conducted an analysis of the likely success of using tenant -based assistance for the residents of the Parkview Villa North public housing development through the Metropolitan Council Housing and Redevelopment Authority ( "Metro HRA "). The Metro HRA administers the Section 8 housing choice voucher program as well as Shelter Plus Care, HOPWA and two state funded tenant based rent assistance programs for the City of Columbia Heights and nearly 100 suburban communities throughout Anoka, Hennepin, Ramsey and Carver Counties, serving approximately 6,800 -1- households. Within its own portfolio, Metro HRA is currently assisting 1,391 Section 8 participants. There is a sufficient availability of decent, safe and sanitary dwelling units in the market area rented at or below the applicable Section 8 payment standard for the jurisdiction including vacant units at the adjacent Parkview Villa South development. Comparable vacant units for seniors in the market area are averaging $760 for one - bedrooms and $860 for two - bedroom units which is below the current payment standard of $790 for a one- bedroom and $960 for a two - bedroom. Metro HRA's Section 8 program has a utilization rate of 98.2 %, evidencing the success of providing tenant -based vouchers in suburban cities. (2) Recent success rates are consistent with the overall high utilization rate. 48% of the Metro HRA's current program participants are elderly and /or disabled. On its current closed waiting list of 1500, 40% are seniors and /or disabled. In any event, subject to fulfillment of HUD requirements, the HRA expects to project -base the vouchers at the current site, thus allowing the residents to remain in place. (d) Impact Analysis (1) There will be no impact on the availability of affordable housing in the neighborhood where the public housing units are located. The Columbia Heights HRA currently owns Parkview Villa. In 2009, the HRA initiated a process to evaluate their ability to effectively operate Parkview Villa into the fixture. The HRA determined that continued ownership and operation of Parkview Villa is not economically feasible under the current financing and ownership structure, particularly with increasing capital needs and decreasing PHA subsidies from HUD. In 2010, the HRA modified their PHA Plan to include the goal of disposing of the property based on their conclusion that the HRA does not have the financial or management capacity or expertise to effectively maintain and preserve the aging development. The HRA determined that it would be in the best interest of the residents, HRA and city to transfer ownership to an entity that specializes in affordable housing rehabilitation, ownership, and management and has the capacity to effectively operate the buildings over the long -term. The general partner of that entity would be Aeon, which has the necessary qualifications as described further below. Parkview Villa— Conversion Assessment and Plan Page 2 For HRA Board of Commissioners Consideration on March 4. 2013 (2) Because there is no change in the number of low income units, there will be no impact on the concentration of poverty through the preservation, renovation and retention of Parkview Villa North. (3) Columbia Heights has affordable housing goals to meet. Conversion of the public housing units at Parkview Villa North will ensure these units are renovated and maintained while remaining affordable to the current residents of Columbia Heights and future low income households. Successful conversion will ensure seniors /disabled individuals will continue to have affordable housing choice and a quality home in this suburban community. (e) Conversion Implementation Once the property receives approval for tenant -based vouchers for the Parkview Villa North public housing units, the HRA will undertake the necessary steps with Metro HRA to fulfill HUD's requirements that will allow them to project -base the units under a long -term Section 8 project -based voucher contract. Metro HRA currently has an allocation of 6,189 tenant -based vouchers, of which 433 are currently project- based. Converting the additional 100 units would bring the Metro HRA project- based voucher program total to 533, still well below the 20% maximum allowable under the project based voucher regulations. From approval of voluntary conversion and establishment of project -based voucher designation, the HRA will transfer ownership to an entity that will use a variety of resources not available to the HRA including 4% tax credits, HOME funds and private equity to renovate the property. The entity will be a limited partnership of which Aeon will be the sole general partner. It is essential to do this promptly to retain the finding commitments. These activities are anticipated to be completed within 6 -9 months from HUD approval of voluntary conversion. Necessary Conditions for HUD Akproval of Conversion (a) Conditions. Per §972.224, Columbia Heights BRA conducted a conversion assessment that demonstrates that the conversion of Parkview Villa is: (1) Cost effective and not more expensive to continue to operate it as public housing; (2) Will principally benefit the residents, the HRA and the community; and (3) Will not adversely affect the availability of affordable housing in the community. (h) Evidence Parkview Villa — Conversion Assessment and Plan Page 3 For HRA Board of Commissioners Consideration on March 4, 2013 (1) Relative expense. The cost analysis results demonstrate that it is not more expensive to convert the public housing development than continuing to operate the development as public housing. (2) Benefit to residents, the PHA, and the community. Continued success of this suburban affordable housing development greatly benefits the current residents, neighbors, and communities in and around Columbia Heights. (i) Conversion will principally benefit the residents, the PHA and the community as demonstrated in the rental market analysis, the analysis of the impact on the neighborhood, the market value analysis and the proposed future use of the development. The conversion does not conflict with any litigation settlement agreements, voluntary compliance agreements or other remedial agreements signed by the PHA with HUD. After a frank evaluation process of its own internal capacities, the Columbia Heights HRA determined that continued ownership and operation of Parkview Villa is not economically feasible under the current financing and ownership structure, particularly with increasing capital needs and decreasing PHA subsidies from HUD. The HRA determined that it would be in the best interest of the residents, the HRA and the city to: 1) partner with Metro HRA to administer project -based vouchers at Parkview Villa North; and 2) transfer ownership to an entity that specializes in affordable housing rehabilitation, ownership, and management and has the capacity to effectively operate the buildings over the long -term. A competitive process determined that Aeon, a Minneapolis -based affordable housing owner and developer, would comprise the new ownership entity. Re- investment in Parkview Villa is required to preserve the long -term affordability and stability of a critical, large population and community asset. The HRA has determined this can only be accomplished by conversion and conveying the property to another owner with the expertise and capacity to manage it effectively. Without voluntary conversion, the building's current ownership structure will have to remain in place without a clear path to implementing much needed capital improvements. This leaves Parkview Villa at risk for further effects of deferred maintenance, systems breakdown, and health /safety issues for a vulnerable population of residents unlikely to be able to afford other housing opportunities in the area. Without safeguarding conversion to Section 8 tenant -based assistance, the reserves will continue to diminish and Parkview Villa North would be at -risk for conversion to market rate or closing. Parkview Villa — Conversion Assessment and Plan Page 4 For HRA Board of Commissioners Consideration on March 4 2013 Aeon stewardship of the property will also bring many resources to bear on a population that needs it most. Aeon is exceptionally skilled at understanding resident needs and will develop programming and service plans that will allow even the most challenged residents to thrive. Aeon has two models to provide services and resources to residents. The first is through the internal Resident Connections team, who works closely with property management staff to pinpoint opportunities for group- focused activities (such as resident picnics and workshops relating to topics such as budget management), and individual support when a resident may need very specific assistance to support a health or other personal situation. Aeon closely evaluates each property and population for the right type of support. At this time, supports such as those that Aeon puts in place are non- existent or extremely limited. Without a change in ownership, the senior and disabled population at Parkvicw Villa will not be able to take advantage of these comprehensive, on -site services, which become more important as the population ages. (ii) The intent of the conversion is to allow for the preservation, renovation and long term affordability of Parkvicw Villa for the existing and future residents. While there is sufficient supply of area landlords providing tenant -based assistance including the Metro HRA, and good access to schools, jobs and transportation, subject to fulfillment of HUD requirements, the HRA expects to project -base the vouchers at the current site, thus allowing the residents to remain in place. (iii) With respect to benefit to residents, the HRA provided copies of the Conversion Assessment and Conversion Plan to all residents. A meeting was held with the Resident Council on January 7, 2013. Residents were invited to resident meetings held on January 14, 2013 and January 16, 2013 and the public HRA meeting on January 22, 2013. At these meetings, the HRA explained the Conversion Plan and the requirements for voluntary conversion. (iv) The HRA allowed forty five days for the submission of comments on the conversion process. Resident comments received related to the benefits of the conversion or continued affordability. Residents expressed an overwhelming desire to remain at the property and welcomed the much needed renovations. The residents see the conversion as a positive action since there is no displacement or relocation. Parkview Villa — Conversion Assessment and Plan Page 5 For HRA Board of Commissioners Consideration on March 4, 2013 (3) Impact on Ajfordahle Housing. The voluntary conversion action would help to preserve the current affordable housing at Parkview Villa as a viable resource over the coming decades, by allowing for more efficient administration and better support for the development's physical needs. ATTACHMENTS I. HUD Cost Analysis II. Appraisal Parkview Villa— Conversion Assessment and Plan Page 6 Attachment VCA #1 Assumptions for the Cost Comparison 1. The operating expense numbers used represent 2012 actual year end figures for Parkview Villa. Over 50% of the existing residents are disabled with support service needs. Future operating expenses include supportive service funding for this vulnerable population. 2. The voucher costs are based on the average gross rents for new move ins administered under the Metropolitan Council's Section 8 Housing Choice Voucher program. The Metropolitan Council administers all Section 8 vouchers for the Columbia Heights area. 3. Parkview Villa was constructed in 1974 and has significant physical needs. In partnership with Minnesota Housing, moderate rehabilitation (approximately $23,500 per unit) is planned for Parkview Villa which is anticipated to address several of the major systems to modernize the property to 20 year standards. 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N I- i : : ) \ § ) § \ \ } \ \ ( § ) \ § \ ) ( \ \ } ( ( \ \ \ \ \ \ Ell \ \ ( \ \ \ \ \ \ ( \ \ ) ( } ( \ ( § § \ § } ( \ ( \ \ } ( § } \ ( \ \ ( \ \ § \ { } } \ ( } \ ) ( ! ! f ! \ \ § ( k \ } [ } \ § \ § k } ) } OR ( \ \ \ k \ \ § \ \ \ \ § § \ § \ \ \ \ \ \ § \ § k § \ § ( ( ( \ \ \ ( } \ ) ) \ \ \ § § } § ) ) § \ \ ) § , K \ \ \ \ § \ ( § } { {]Al v E d MON OEM. A ME N jgA� rE CBS C Mt T a lCO :r mi S _ Ycv ytT6ti`r'^ YY1 y 1 x ti e x n 2 _ r, 4 �,y T� W R h $ Y N 0 n N W v N n LL N O r O W N N 0 XR fi' tP '4.. Sc „^}.`.S.y fm y a <s M 3 � ks �c �Yw ti v: u^N FMti NE. �1 §0 y� e� b � n LL N O r O W N N 0 v E N 0 N eU R N N N N N N N m G N N N � � g 3 � N N � ? N N� N o ry y N a m N f q > K 0 N CJ N W N a N N For HRA Board of Commissioners Consideration on March 4 2013 CONVERSION PLAN Parkview Villa North is a nine story, 101 -unit public housing high rise for seniors and /or disabled households owned and operated by the Columbia Heights Housing and Redevelopment Authority (HRA). It is anticipated that, subject to fulfillment of all HUD requirements, the result of voluntary conversion will be a renovated development assisted by project -based vouchers with continued availability to current and future low - income households. The Conversion Plan is a basic requirement for voluntary conversion of public housing to vouchers. A discussion of each of its seven required elements per §972.230 follows: (a) Conversion and future use or disposition of the public housing development The future use of Parkview Villa North, which consists of 100 public housing units plus 1 caretaker unit, is expected to be affordable housing supported by a long -term Section 8 project - based voucher contract. This is anticipated to be done in partnership with Metro BRA after the HRA receives replacement vouchers for the public housing and is subject to compliance with HUD requirements. The ownership will be transferred to a limited partnership of which Aeon will be the general partner, which will preserve and renovate Parkview Villa by securing low income housing tax credits and other public- private financing. Long -term covenants will be put in place to protect Parkview Villa's status as affordable senior housing. (b) Impact analysis of the conversion on the affected community There will be no impact on the availability of affordable housing in Columbia Heights; in fact, this source of affordable housing will be preserved while implementing much needed physical improvements. The 101 units of public housing at Parkview Villa North will remain affordable to the same population via the Section 8 project -based voucher program. Columbia Heights has affordable housing goals to meet. Conversion of the public housing units at Parkview Villa North will ensure these units are renovated and maintained while remaining affordable to the residents of Columbia Heights. Successful conversion will ensure seniors /disabled individuals will continue to have affordable housing choice and a quality home in this suburban community. Because the vouchers are expected to ultimately be project - based, subject to fulfillment of HUD requirements, the conversion will not have an impact on concentration of poverty in these neighborhoods. Because there is no change in the number of units, there will be no impact on the concentration of poverty through the preservation, renovation and retention of Parkview Villa North. The impact of conversion on the physical asset itself is expected to be positive. Parkview Villa North was constructed in 1974 and has significant physical needs. The building retains many Parkvlew Villa —Conversion Assessment and Plan Page 7 For HRA Board of Commissioners Consideration on March 4, 2013 original mechanical systems and components, which are nearing or past the end of their useful life, drive up operating costs and reduce the overall energy efficiency of the property. While modest modernization funds have been received over time, the subsidy provided by HUD covers only ongoing basic operating functions and has not been sufficient for upgrading or replacement of the major building systems including plumbing, windows, and HVAC systems. In partnership with Minnesota Housing, moderate rehabilitation is planned for Parkview Villa which is anticipated to address several of the major systems to modernize the property. (c) Consistency with findings of conversion assessment Based on the findings of the Conversion Assessment, the Conversion Plan implements the actions contemplated by the Conversion Assessment, and thus, is consistent with the Conversion Assessment completed in accordance with §972.218. (d) Summary of resident comments The HRA provided copies of the Conversion Assessment and Conversion Plan to all residents. A meeting was held with the Resident Council on January 7, 2013. Residents were invited to resident meetings held on January 14, 2013 and January 16, 2013; and the public HRA meeting on January 22, 2013. At these meetings, the HRA explained the Conversion Plan and the requirements for voluntary conversion. The HRA allowed forty five days for the submission of comments on the conversion process. Resident comments received related to the benefits of the conversion or continued affordability. Residents expressed an overwhelming desire to remain at the property and welcomed the much needed renovations. The residents see the conversion as a positive action since there is no displacement or relocation. (e) Use of net proceeds Any proceeds received from the conversion will be subject to the limitations under Section 18(a)(5) of the United States Housing Act of 1937, applicable to proceeds resulting from demolition and disposition. The HRA will use all net proceeds to assist with the financing, renovation, and long -term affordability of Parkview Villa North. All units are anticipated to become project -based Section 8 vouchers at the Parkview Villa North building. (fl Support of necessary conditions for conversion The Conversion Assessment supports the three conditions necessary for conversion described in 24 CFR 972.224, for the reasons described in the Conversion Assessment. That section of the Conversion Assessment is restated here for convenience: Page 8 Parkview Villa — Conversion Assessment and Plan For HRA Boardo(Commissioners Consideration on March 4 2013 Necessary Conditions for HUD Approval of Conversion (a) Conditions. Per §972.224, Columbia Heights HRA conducted a conversion assessment that demonstrates that the conversion of Parkview Villa is: (1) Cost effective and not more expensive to continue to operate it as public housing; (2) Will principally benefit the residents, the HRA and the community; and (3) Will not adversely affect the availability of affordable housing in the community. (G) Evidence (1) Relative expense. The cost analysis results demonstrate that it is not more expensive to convert the public housing development than continuing to operate the development as public housing. (2) Benefit to residents, the PHA, and the community. Continued success of this suburban affordable housing development greatly benefits the current residents, neighbors, and communities in and around Columbia Heights. (i) Conversion will principally benefit the residents, the PHA and the community as demonstrated in the rental market analysis, the analysis of the impact on the neighborhood, the market value analysis and the proposed future use of the development. The conversion does not conflict with any litigation settlement agreements, voluntary compliance agreements or other remedial agreements signed by the PHA with HUD. After a frank evaluation process of its own internal capacities, the Columbia Heights HRA determined that continued ownership and operation of Parkview Villa is not economically feasible under the current financing and ownership structure, particularly with increasing capital needs and decreasing PHA subsidies from HUD. The HRA determined that it would be in the best interest of the residents, the HRA and the city to: 1) partner with Metro HRA to administer project -based vouchers at Parkview Villa North; and 2) transfer ownership to an entity that specializes in affordable housing rehabilitation, ownership, and management and has the capacity to effectively operate the buildings over the long -term. A competitive process determined that Aeon, a Minneapolis -based affordable housing owner and developer, would comprise the new ownership entity. Re- investment in Parkview Villa is required to preserve the long -term affordability Parkview Villa — Conversion Assessment and Plan Page 9 For HRA Board of Commissioners Consideration on March 4 2013 and stability of a critical, large population and community asset. The HRA has determined this can only be accomplished by conversion and conveying the property to another owner with the expertise and capacity to manage it effectively. Without voluntary conversion, the building's current ownership structure will have to remain in place without a clear path to implementing much needed capital improvements. This leaves Parkview Villa at risk for further effects of deferred maintenance, systems breakdown, and health /safety issues for a vulnerable population of residents unlikely to be able to afford other housing opportunities in the area. Without safeguarding conversion to Section 8 tenant -based assistance, the reserves will continue to diminish and Parkview Villa North would be at -risk for conversion to market rate or closing. Aeon stewardship of the property will also bring many resources to bear on a population that needs it most. Aeon is exceptionally skilled at understanding resident needs and will develop programming and service plans that will allow even the most challenged residents to thrive. Aeon has two models to provide services and resources to residents. The first is through the internal Resident Connections team, who works closely with property management staff to pinpoint opportunities for group- focused activities (such as resident picnics and workshops relating to topics such as budget management), and individual support when a resident may need very specific assistance to support a health or other personal situation. Aeon closely evaluates each property and population for the right type of support. At this time, supports such as those that Aeon puts in place are non - existent or extremely limited. Without a change in ownership, the senior and disabled population at Parkview Villa will not be able to take advantage of these comprehensive, on -site services, which become more important as the population ages. (ii) The intent of the conversion is to allow for the preservation, renovation and long term affordability of Parkview Villa for the existing and future residents. While there is sufficient supply of area landlords providing tenant -based assistance including the Metro HRA, and good access to schools, jobs and transportation, subject to fulfillment of HUD requirements, the HRA expects to project -base the vouchers at the current site, thus allowing the residents to remain in place. (iii) With respect to benefit to residents, the HRA provided copies of the Conversion Assessment and Conversion Plan to all residents. A meeting was held with the Resident Council on January 7, 2013. Residents were invited to resident meetings Parkview Villa — Conversion Assessment and Plan Page 10 For HRA Board of Commissioners Consideration on March 4, 2013 held on January 14, 2013 and January 16, 2013 and the public HRA meeting on January 22, 2013. At these meetings, the HRA explained the Conversion Plan and the requirements for voluntary conversion. (iv) The HRA allowed forty five days for the submission of comments on the conversion process. Resident comments received related to the benefits of the conversion or continued affordability. Residents expressed an overwhelming desire to remain at the property and welcomed the much needed renovations. The residents see the conversion as a positive action since there is no displacement or relocation. (3) Impact on Affordable Horsing. The voluntary conversion action would help to preserve the current affordable housing at Parkview Villa as a viable resource over the coming decades, by allowing for more efficient administration and better support for the development's physical needs. (g) Relocation plan No residents are anticipated to be permanently relocated due to the voluntary conversion action and transfer of ownership of Parkview Villa. To the extent residents must be temporarily relocated during the renovation process, they will be offered appropriate resources to do so and notified in a timely manner in compliance with applicable requirements. A relocation plan is attached. ATTACHMENTS I. HUD Cost Analysis II. Appraisal III. Relocation Plan Parblew Villa —Conversion Assessment and Plan Page 11 )PMENT SERVICES, LLC PROVIDING ACQUISITION AND RELOCATION SERVICES SINCE 1981 Parkview Villa North (101 Units) Parkview Villa South (45 Units) 965 40th Avenue NE Columbia Heights, MN March 1, 2013 Displacing Agency: Aeon Prepared By Daniel H. Wilson WILSON DEVELOPMENT SERVICES LLC OANIELH. WILSON 510 NORTH CHESTNUT STREET, SUITE 200 CHASM, MN 55310 OfR<e: 95244845'0 8004484630 Fax: 95ZA48 4676 Emall: DanWil PWII S�'�ll- WeIDI,x: www.wtlsande elapmentservhee.mm Project Description /Background The Columbia Heights Housing and Redevelopment Authority ( "HRA ") is the current owner of Parkview Villa South, a four - story, 45 unit senior housing complex, and Parkview Villa North, a nine - story, 101 unit public housing high rise for seniors and /or disabled households subsidized by the U.S. Department of Housing and Urban Development. The HRA has entered into a purchase agreement with Aeon, a nonprofit housing developer, to acquire and rehabilitate Parkview Villa North and South. Aeon intends to make improvements to the building's interior and exterior as well as to residential units. Funding sources secured and /or being sought to acquire, preserve and renovate these buildings include: federal HOME funds, 4% low income housing tax credits, an FHA insured first mortgage, private equity and deferred developer fees. In addition, the HRA is seeking HUD's approval of voluntary conversion for Parkview Villa North from its PHA status to tenant -based Section 8 assistance. The South building will maintain its status as a senior building for residents age 55+ with continued affordability for its current and future residents. It is CHHRA and Aeon's mission to minimize resident displacement and inconvenience throughout the project. Few, if any, temporary displacements will be necessary. No occupants will be permanently displaced due to these activities. Building Descriptions Name Type #Units 1 BR 2 BR Handicap Current Vacancies Unit Size Funding Request Parkview 3 45 41 4 2 5 562/715 sq. HOME, South Story ft. LIHTC Parkview 9 101 101 0 6 2 570 sq. ft. HOME, North Story LIHTC, HUD Voluntary Conversion HUD Voluntary Conversion It is anticipated that, subject to fulfillment of all HUD requirements, the result of voluntary conversion will be a renovated development assisted by project -based vouchers with continued availability to current and future low- income households. Once the property receives approval for tenant -based vouchers for the Parkview Villa North public housing units, the HRA will undertake the necessary steps with Metro HRA to fulfill HUD's requirements that will allow them to project -base the units under a long -term Section 8 project -based voucher contract. From approval of voluntary conversion and establishment of project -based voucher designation, the HRA will transfer ownership to an entity that will use a variety of resources not available to the HRA including 4% tax credits, HOME funds and private equity to renovate the property. The entity will be a limited partnership of which Aeon will be the sole general partner. Rehabilitation Description As ownership of this property transitions, physical updates to the buildings are much needed. Currently, all mechanical systems in operation are original to the buildings, including the heating and cooling systems and plumbing fixtures. This results in woefully out of date and expensive systems to operate. In addition, windows are substandard, and many interior finishes and appliances require replacement. As part of a feasible financial scenario that allows the property to cash flow, the outdated operational systems must be updated. These activities will ensure that the systems are more efficient and cost - effective, thereby decreasing the costs to operate Parkview Villa, reducing its carbon footprint, and solidifying its affordable status. All income eligible households will be allowed to stay in their unit during construction as an occupied rehabilitation. Households allowed to stay in their units during construction will be offered a day room to occupy during the daily eight hour construction period when resident will not be allowed to occupy their residence. The construction period of rehabilitation will not exceed five days for any rental unit. Applicable HUD Relocation Regulations Voluntary conversion and disposition of public housing is authorized under Sections 18 and 22 of the Housing Act of 1937 (the Act), as amended, HUD has promulgated regulations, 24 CFR Part 972, detailing the administrative steps required to perform voluntary conversion and resulting demolition /disposition activity in accordance with these Acts. Section 970.21 provides the Relocation of Residents Requirements under Section 18. Note that the Uniform Relocation Act does not apply to dispositions under Section 18. Coordination with Anoka County Community Development Department The displacing agency is aware of Minnesota Housing and Anoka County's roles in monitoring the relocation process for compliance with applicable rules and regulations. The displacing agency will cooperate with Minnesota Housing and Anoka County representatives to monitor the rehabilitation and relocation process. Project Displacement Summary Permanent Displacements No permanent displacements are anticipated. The entire Parkview Villa North complex is annually income certified. All Parkview Villa North residents are currently eligible for the new project income restrictions. The use of HOME funds and 4% low income housing tax credits will require that all Parkview Villa North units be affordable to households at or below 60% of the area median income (AMI). The Parkview Villa South building is currently considered a market rate senior complex. However, the project has intentionally been affordable for lower income seniors. Rents have historically and are presently affordable to households at 40% AMI however no income or rent restrictions govern the property. The use of HOME funds and 4% low income housing tax credits will necessitate that the majority of Parkview Villa South units be affordable to households at or below 60% of the area median income (AMI). It is anticipated that some units will be designated as market rate as not to permanently displace any existing residents. Wilson Development was not provided access to the residents at this time for concern of making the residents anxious. The property manager did provide a file review for each resident in the South complex. The manager identified five residents with incomes potentially over the 60% AMI income limits. It is noted that the file information in many instances was dated or incomplete. The expectation is that they will be able to remain in occupancy and not be permanently displaced. Aeon recognizes that income verification defined in 24 CFR Part 5 Annual Income Determination, will be necessary for current residents seeking to stay in the complex after the purchase and rehabilitation. The income determination will be used to determine eligibility for permanent displacement assistance. The Relocation Plan includes a permanent displacement section that details a process for HUD 24 CFR 970.5 Section 18 compliance, if necessary. Permanent Displacements Relocation Program The following steps are typical and customary to successfully complete the displacement of residents in compliance with Section 18. Those with special needs will have individual relocation plans designed for their circumstances. 1. Notice of Intent to Acquire and General Information Notice (Time of application for funds) a. Explain pending project. b. Not eligible until receive Notice of Eligibility c. Keep paying rent and other lease provisions to remain eligible d. Provide current time schedule e. Relocation pamphlet f. Provide telephone number for questions and to keep in contact 2. Tenant Group Meeting (After notice of funding) a. Introduction of relocation personnel b. General information c. Project timing and relocation timing d. Explain rights, benefits, appeals and process e. Relocation appeal process f. Answer questions g. Set up individual meetings 3. Notice of Relocation Eligibility 4. Individual Tenant Meetings a. Explain rights and benefits under Uniform Act b. Explain process to complete claim c. Determine needs and preferences (tenant survey) d. Verify income and eligibility e. View apartment f. Calculate self -move claim S. Search for Comparable Units. HousingLink.org, internet websites, newspaper and WDS files etc. 6. Notice of Comparable Housing and 90 Day Notice to Vacate. 7. Provide Additional Referral Units, as needed. 8. 30 Day Notice to Vacate. 9. Inspect Replacement Units for Decent, Safe & Sanitary and completing HQS inspection form. 10. Prepare self- moving or actual cost personal property claim with documentation. 11. Make Relocation Claim Payment and obtain Notice of Apartment Release. 12. Complete file to displacing agency. Section 8 Residents No residents receiving Section 8 housing assistance will be permanently displaced. 5 Preliminary Market Study— Adequate Relocation Resources Wilson Development Services has completed and is currently relocating persons in Anoka County. It is the opinion of Wilson Development Services that there are sufficient rental units available in the market place to absorb any potential displacements. Clearly, units that are available today will not be available at the time of displacement. However, it is reasonable to conclude that there will be sufficient replacement housing options available to permit an orderly displacement process if needed. Temporary Displacements The rehabilitation project is planned as an occupied rehabilitation. Off site or out of unit temporary displacements are not anticipated. The anticipated amount of rehabilitation work will be able to be completed within five days. Aeon has substantial experience working with a variety of general contractors through the rehabilitation process on occupied apartment projects. They see no reason to expect that the construction will go beyond five days in each unit. Temporary relocation assistance will be afforded to elderly, disabled, and special needs tenants who need to be relocated during the rehabilitation of their units. This includes any tenants who would experience hardship or inconvenience by remaining in the unit during rehabilitation. The expected rehabilitation work by itself will not require the temporary displacements of residents. Tenant Survey /Special Needs Tenants will be surveyed prior to the rehabilitation process to determine any special needs that must be accommodated. Those tenants with special needs that cannot be accommodated within the building will be temporarily relocated off site or transferred directly to a completed apartment. At this time we are estimating that no tenants will need to be temporarily displaced off site. Temporary Displacements Relocation Assistance The displacing agency will seek to minimize possible hardships created by the residents' lack of access to their units during the 8 hour work period. Resident access needs to be restricted to insure residents' safety and to minimize interference with the construction crew's progress. The contractor will be responsible for the personal property move or removal in order to gain access to the area to be rehabilitated. Boxes will be provided to residents for the placement of small, loose personal items that would need to be moved. The owner will insure that the individual units will remain suitable for occupying during rehabilitation by providing: a) Appropriate considerations for safe egress to units by tenants at the end of the day. b) Congregate meals program for noon lunches. c) Functioning baths and kitchens for use at night. d) Reasonable work hours for the proposed rehab with appropriate clean up after work each day. e) The duration of rehabilitation work in individual tenant units will be 5 days or less. f) The construction work will not create safety or health hazards. g) Assuming five units will be rehabilitated at the same time, three vacant units will be available as a "day room" for residents to utilize while their units are under construction. If 6 -8 units will be rehabilitated at one time, then a minimum of four units will be available as a "day room" for residents to utilize while their units are under construction. The units will be supplied with such items as appliances (including stove /microwave), TV set, internet hook -ups and bathrooms. It is anticipated that no more than five units may be disturbed at any given time. h) The owner will strive to accommodate any tenant complaints. Typical Temporary Relocation Process 1. General Information Notice (given to all residents) 2. Notice of Non - Displacement (given to all income eligible residents) 3. Individual resident meeting (tenant survey) to discuss process and resident rights and benefit, needs and preferences 4. Individual relocation plan (based upon resident needs) 5. 30 and 15 day Notice to Vacate 6. Secure suitable replacement site if necessary 7. Inspect for decent, safe and sanitary conditions 8. Prepare claim forms with documentation for all eligible increased housing expenses 9. Notify resident that can return to unit 10. Inspect original rehabbed unit for DSS condition and completing an HQS inspection form Temporary Move Options The short duration of the resident disruption will influence the residents' needs and decisions with respect to the temporary relocation options. The following options will be available to residents if temporary relocation is mandated: 1. Remain in unit 2, Stay with friends or family 3, Stay in motel 4. Meal stipend 5. Personal property move and expenses Temporary Relocation Budget Aeon has budgeted $31,000 to facilitate the implementation of any required temporary displacements. PROJECT PARKVIEW VILLA NORTH PARKVIEW VILLA SOUTH Size 101 Units 45 Units Tenant Profile Senior Section 8 55+ 1. Motel # Units 9 3 # of Night Stay 4 4 Cost per night 100 100 Total $3,600 $1,200 2. Meals # Units 8 3 # of Days 4 4 Daily Rate $27 $27 #of persons per unit 1 1 Total $864 $324 3. Personal Property Move Assistance #Units 35 15 $ per unit 100 100 Total $3,500 $1,500 4. Unit Transfer /Vacant Unit # Units 3 2 Ll $ per unit 800 800 Total 2 400 1 60 Subtotal $10,364 $4,624 Rounded $11,000 $5,000 CONSULTANT SERVICES 1. Tenant Survey # Units 146 $ per unit 50 Total $7,300 2. Offsite Moves # Units 12 $ per unit 600 Total 7 20 Subtotal $14,500 Rounded $15,000 Temporary Relocation Budget = $16,000 Relocation Consultant Services = $15,000 Total $31,000 Resident Communication /Information The residents were given notice in June 2011 of the pending sale to Aeon. A Frequently Asked Questions information paper was provided to the residents as well, in order to introduce Aeon to the residents. On February 22, 2012, a resident meeting was held to discuss the pending project. On February 22, 2012 a GIN Notice and Notice of Non Displacement was given to each resident of Parkview Villa North. Upon submission of additional funding applications to Anoka County and Minnesota Housing that would impact the entire development, all residents of Parkview Villa North and South were sent an updated GIN Notice and Notice of Non Displacement on January 14, 2013. Aeon and the HRA met with the Resident Council on January 7, 2013, Residents were invited to resident meetings held on January 14, 2013 and January 16, 2013 to discuss and answer questions about the relocation and voluntary conversion processes. Residents were invited to the HRA Board meeting held on January 22, 2013 where the information was again shared with all present. For residents that were not at the meetings and /or did not acknowledge the GIN Notice, Aeon staff doorknocked January 25, 2013 and again on February 8, 2013. The remaining households were mailed a certified notice on February 19, 2013. FJ Aeon will continue working with the residents through the resident group council and individual residents in each complex. Individual resident meetings will be scheduled after the closing and a tenant needs survey will be conducted. Aeon is experienced and committed in maintaining close communications with its residents as an integral part of successful rehabilitation /relocation plans. Relocation of Displaced Tenants on a Nondiscriminatory Basis Residents who are to be displaced must be offered opportunities to relocate to other comparable /suitable decent, safe, sanitary, and affordable housing (at rents no higher than permitted under the Act,) which is, to the maximum extent practicable, housing of their choice, on a nondiscriminatory basis, without regard to race, color, religion (creed), national origin, handicap, age, familial status, or sex, in compliance with applicable Federal and State laws. Relocation Implementation Responsibility The displacing agency has retained Wilson Development Services LLC, a professional relocation consulting firm, with over 30 years of experience in providing URA consulting assistance to public agencies. Mr. Wilson, the owner /manager of Wilson Development Services, is familiar with the Department of HUD relocation regulations and has successfully handled multiple displacements through the Minneapolis HUD office and Anoka County. Wilson Development Services will be responsible for all permanent displacements and temporary displacements. Record Keeping The displacing agency will document and maintain records sufficient to demonstrate compliance with all program and regulatory requirements. These records will be maintained throughout the life of the project, and for a period of 7 years following the date of project completion. Separate case files for each person to be displaced from the project with sufficient evidence to document that certain required information, assistance and services have been provided to each occupant will be maintained. 10 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan I, Walter Fehst, the City Manager of the City of Columbia Heights, certify that the Significant Amendment to the Five Year and Annual PHA Plan of the Columbia Heights Housing and Redevelopment Authority dated January 17, 2013, and the attached Conversion Assessment and Conversion Plan, are consistent with the Consolidated Plan of Columbia Heights prepared pursuant to 24 CPR Part 91. Signed /Dated by Appropriate State or Local Official COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Special Meeting of: March 4, 2013 AGENDA SECTION: Business Items ORIGINATING EXECUTIVE NO: 5 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Beautician Licensing Agreement BY: S Clark BY: DATE: Feb 26, 2013 BACKGROUND: Thespino Hamm, the beautician who worked at Parkview Villa for the past twenty years, retired at the end of January. The aforementioned position was not affiliated with the HRA in any employment sense. The role of the HRA was to give the beauty parlor space for no fee, in exchange for the service to the residents. Payments, bookkeeping and all aspects of the business were retained solely through the beautician, and this was memorialized in a contract that was signed in 2001. This service is important to the residents, and as such, staff wanted to get a new person in place immediately. Carmen Knake has done hair salon work in the community for over forty years and approached the staff regarding taking over this business, with the understanding that this would be a short term proposition due to the sale of the building. Staff had the HRA Attorney draft a new "Beautician Licensing Agreement" and all points have been agreed to by all parties. Ms. Knake is ready to take over immediately and has all of her insurances in place. RECOMMENDATION: Staff recommends approval of the Agreement as written. RECOMMENDED MOTION: Move to Approve 'Beautician Licensing Agreement" Dated March 4, 2013, by and between the City of Columbia Heights Housing and Redevelopment Authority and Carmen Knake. HRA ACTION: Beautician Licensing Agreement This Licensing Agreement is made this day of , 2013, by and between the Housing and Redevelopment Authority of Columbia Heights (hereafter referred to as "the HRA ") located at 590 40th Avenue NE, Columbia Heights, Minnesota 55421, and Carmen Knake (hereafter referred to as "Consultant ") located at 965 40th Avenue NE, Columbia Heights. I. Objectives The objectives of this agreement are as follows: Whereas, the HRA owns and manages multi - family housing facilities at 965 40t" Avenue NE in Columbia Heights, Minnesota (hereafter referred to as "Parkview Villa "). Whereas, the HRA does not by its employees provide barber or beauty services for its residents at Parkview Villa, and desires to ensure that its residents have ready access to a licensed barber or beautician to maintain proper health and appearance on a regular basis; and Whereas, Consultant has the necessary qualifications and abilities to maintain a barber /beautician operation at Parkview Villa and is desirous of providing such an operation upon terms and conditions set forth below: Now therefore, in consideration of Consultant's use of the premises as well as the obligations outlined herein, it is hereby agreed by the parties as follows: II. Status of Parties The HRA and Consultant agree that their relationship is that of licensor /licensee and not of employer and employee or principal and agent. III. License Consultant is hereby licensed to provide barber and beautician services exclusively to residents of Parkview Villa on the premises as designated by the HRA. The barber and beautician services authorized by this agreement are limited to hair cutting and styling while expressly excluding other cosmetology services such as manicures, pedicures, facials, massages or any other services that beautify the skin or nails. The foregoing services will be conducted by the Consultant in a space designated by the HRA within Parkview Villa. Consultant will also be permitted to conduct limited retail sales of hair products to the residents within the designated area. IV. Insurance Consultant shall purchase and maintain general commercial liability insurance to protect against claims for damages because of injury to persons or damage /destruction of any tangible property 418729v2 RAA CL 160-81 1 arising out of the performance of Consultant's obligations under this agreement. The base limits for the general commercial liability insurance policy shall be at least $1,000,000. Consultant shall provide the HRA with evidence of the foregoing insurance in the form of a certificate from the insurer no later than ten (10) days after the execution of this agreement as well as when reasonably requested by the HRA thereafter. Consultant represents to the I-IRA that Consultant has no employees and will not employee any other person during the term of this agreement to provide the services at Parkview Villa as outlined herein. V. Credentials Consultant is responsible for insuring that appropriate licenses are obtained to render stated services at Parkview Villa. Consultant shall provide the I-IRA with a copy of said license at the start of the contract period and as updated thereafter. VI. Indemnity Consultant shall defend, indemnify, and hold the HRA harmless against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Consultant that arise out of acts or omissions, including malpractice, negligence or breach of this agreement by Consultant or any of its employees, agents or representatives in the discharge of its or their professional responsibilities to a resident under this agreement. VII. Discrimination Consultant will comply with all laws regarding discrimination on the basis of race, color, creed, religion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local commission, disability or age. VIII. Confidentiality Consultant agrees to comply with the Minnesota Government Data Practices Act (the "Act ") and all other applicable state and federal laws relating to data privacy or confidentiality. Contractor will immediately report to the HRA any requests from third parties for information relating to this Agreement, or the services provided hereunder. The HRA agrees to promptly respond to inquiries from the Consultant concerning data requests. All data created, collected, received stored, used, maintained or disseminated by Consultant in performing its obligations is subject to the requirements of the Act, and Consultant roust comply with the requirements of the Act as if Contractor was a government entity. Any information regarding residents, clients, and the business of the HRA is considered confidential and must not be shared outside of the context of the service rendered or amongst residents living in Parkview Villa. IX. Consultant Oblieations A. Provide barbering and /or beautician services to any male or female resident of Parkview Villa requesting same, upon a schedule or regular business hours sufficient to handle such requests. Specific services to include but not limited to: 418729v2 RAA CL160 -81 2 shampoos, shampoo sets, haircuts, permanents, rinses, hair coloring, styling, etc. The barber and beautician services authorized by this agreement do not include other cosmetology services such as manicures, pedicures, facials, massages or any other services that beautify the skin or nails. (Consultant will not be required to provide services to a resident whose account with Consultant is in arrears, if applicable). B. Limit said treatment solely to residents of Parkview Villa and conduct no other business on the premises for other individuals. C. Furnish all supplies, tools, and items not otherwise provided by the HRA hereunder, necessary to conduct such operation in a professional manner, at Consultant's sole expense, specifically: shampoo, rinse /conditioner, hair rinse or colors, permanent solutions, curlers, curling irons, blow dryers, brushes, combs, clips, cleaning solutions and supplies. D. Post at all times, in a conspicuous place, Consultant's current charges for various services offered. Any change in charges must be pre - approved by the HRA. B. Comply in all aspects with standards and requirements of applicable State authority as to practices, procedures and conditions of the operation of barber /beauty shops. F. Arrange for qualified substitute personnel to maintain continuous operation in the event the Consultant is unavailable to operate shop on a regular basis, due to vacation, sickness, leave of absence or otherwise until Consultant's return. G. Follow State and Federal Resident Rights, State and Federal regulations related to infection control, MN Vulnerable Adult Law, and Parkview Villa Policies and Procedures. H. Sanitize all equipment (curlers, combs, brushes, etc.) after each such use in an approved disinfecting solution. As well as the laundering of any towels or linens used in conjunction of rendered services. L Maintain the work area, work station and supply storage areas in a clean and orderly manner at all times. I Consultant will be held accountable and responsible for damages incurred to the HRA's property and /or equipment as a result of willful /malicious conduct with the intent to damage or damage incurred as a result of Consultant's negligent conduct. K. Consultant shall be solely responsible for the preparation of billing statements and collection of funds due from residents or clients for professional services rendered. The HRA shall not be responsible for any uncollectible accounts. 418729v2 IAA C1.160 -81 3 L. Consultant's commerce to be limited to only customary barber /beauty services as outlined herein along limited retail sale of hair products. Consultant will not engage in any other business, trade or practice nor conduct marketing or sales for any other business, trade or practice while on the HRA's site. M. Consultant may market barber /beauty services that are offered by Consultant to the Parkview Villa residents. All marketing materials, communications, etc. will be produced and distributed at Consultant's expense. Marketing materials as well as means of distribution must be approved by the HRA prior to commencement of any marketing activities. O. Strictly comply with the HRA's non - smoking policy at Parkview Villa. X. HRA Oblications A. Space for Services The HRA agrees to provide Consultant with a designated space within Parkview Villa to adequately fulfill Consultant's obligations to provide barber and beautician services under this agreement. The HRA shall also provide necessary heating, air conditioning, water and electrical supply. The HRA also agrees to provide Consultant with the fixtures, items of equipment, and furnishings described in the attached Exhibit "A ". B. Supplies The HRA agrees to provide housekeeping services (floor care), maintenance services and office services (photocopying, faxes, etc.) within the space provided to Consultant for . C. Maintenance The HRA shall maintain designated space, fixtures and furnishings in good repair and working order, and provide necessary janitorial work. Consultant shall promptly report to the HRA any equipment or fixtures that are in need of repair. XI. Term of Agreement 1. This agreement will commence on the day of , 2013, and shall be in existence for a period of one year from and after the commencement date. Thereafter, this agreement will automatically renew on each anniversary date unless terminated by either party hereto. 2. This agreement may be terminated, at any time, by either party upon a written 30- day notice to the other party. 3. This agreement may be terminated immediately by the HRA upon written notice 418729v2 RAA CL 160-81 4 to the Consultant in the event the health or safety of any resident of Parkview Villa deemed to be at risk. XII. Delegation /Assignment Neither party hereto shall delegate responsibilities nor assign rights acquired hereunder without the prior written approval of the other party. XIII. Amendments No amendments may be made to this agreement except in writing and executed in the same manner as this agreement. XIV. Notices Any notice or demand authorized or required under this Agreement shall be in writing and shall be sent by certified mail to the other party as follows: To Consultant: To the BRA: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS By: Its: Date: CONSULTANT By: Its: Date: I: Its: Date: 418729v2 RAA CL 160 -81 5 Exhibit A Fixtures, items of equipment, furnishings located in the barber /beauty shop at Parkview Villa that are the property of the HRA include the following: uanti Description 2 Each Chair with Hairdryer attached 1 Each Beauty Chair It is agreed between the undersigned that the equipment described above is the property of HRA. HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS By: By: Its: Its: Date: Date: CONSULTANT Date: 418729v2 RAA CL 160 -81 A -1