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Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P.
<br />16-AHSC-11199, Am. 1
<br />EXHIBIT E Page 1 of 2
<br />SPECIAL TERMS AND CONDITIONS
<br />AHSC Program
<br />Loan for Rental Affordable Housing Development
<br />The following Special Terms and Conditions are applicable to this Standard Agreement:
<br />1. Exhibit A. Paragraph 2A -Definition of Sponsor: This provision is amended to add the following:
<br />Rel
<br />Santa Ana Arts Collective, L.P. ("LP") is an affiliate of Meta Housing Corporation ("Corp"), which
<br />is the sole member and manager of Santa Ana Arts Collective, LLC, the general partner of the
<br />LP. Corp and the City of Santa Ana ("City") were awarded the AHSC permanent loan funding
<br />(16-AHSC-11199) contemplated by this Standard Agreement (the "AHSC Loan")pursuant to the
<br />Award Letter, dated November 21, 2016. The Department acknowledges that the LP will be
<br />considered the ultimate borrower of the AHSC Loan funds and as such will execute the AHSC
<br />Loan Documents. For the purposes of this Standard Agreement, LP, City, and Corp will be
<br />collectively referred to herein as "Sponsor". As such, the LP, City, and Corp shall be jointly and
<br />severally liable for all the obligations of a Sponsor as set forth herein. Performance satisfactory
<br />to the Department by the LP of any duties and obligations under this Standard Agreement, and
<br />any other agreements as required by the Department, by either the LP, City, or Corp will be
<br />deemed as performance by the Sponsor.
<br />Kegs, tit. 25, § 830o et sea.): The Department and Meta Housing Corporation, City of
<br />Santa Ana, and Santa Ana Arts Collective, L.P. originally entered into this Agreement
<br />on July 26, 2017, which: (1) has not expired or been terminated; and (2) referenced
<br />certain provisions of the Uniform Multifamily Regulations, as amended in 2010 (Cal.
<br />Code Regs, tit. 25, § 8300 at seq., Register 2010, No. 24 (June 11, 2010)) to the extent
<br />they were incorporated by the AHSC Guidelines where applicable.
<br />Amendments to the Uniform Multifamily Regulations (Cal. Code Regs, tit. 25, § 8300 et
<br />seq., Register 2017, No. 45 (Nov. 10, 2017) were adopted and thereafter became
<br />effective as of November 15, 2017 ("UMR2017"). At its January 29, 2018 meeting, the
<br />Strategic Growth Council amended Section 104(b)(3) of the FY 2016-17 AHSC
<br />Guidelines (dated July 17, 2017, technical amendments: 8/14/17, 10/23/17, and
<br />1/29/18) (the "Amended Guidelines") to clarify the expression of the applicability of
<br />existing law, as follows: "Unless contradictory to a provision expressly set forth herein,
<br />the currently adopted and applicable Uniform Multifamily Regulations as may be
<br />amended from time to time... are hereby incorporated by reference in their totality into
<br />the Guidelines" and are applicable to all AHSC program funding award rounds. Section
<br />104(b)(3) of the Amended Guidelines apply to this Agreement, as noted through Exhibit
<br />A paragraph 1(B) herein, and as such, the UMR2017 will apply so long as this
<br />AHSC Loan - Rental Affordable Housing Development
<br />NOFA Date: 01/29/16
<br />Approved Date: 03/09/17
<br />Prep. Date: 0709/19
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