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HomeMy WebLinkAboutMETA HOUSINGINSURANCE NOT REQUIRED CAS STATE OF CALIFORNIA WORK hiAY PROCEED ©��� � j STANDARD AGREEMENT P. G��Q t IL �vP, 3r� STD 213A (Rev 06/03) n^Tr' [ 4 U C✓ CHECK HERE IF ADDITIONAL PAGES ARE ATTACH PAGES AGREEME r— MAR 1. This Agreement is entered into between the State Agency and the Contractor namedbelow: STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME -- A-2016-390 NUMBER AMENDMENT NUMBER Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. 2, The term of this 07262017 through 06/302036 Agreement is: 3. The maximum amount of this $4,944,130.00 (Amendment #1 increases the contract amount by $0.00) Agreement after this amendment is: 4. The panics mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement - and incorporated herein: Exhibit E, Special Terms and Conditions is hereby deleted in its entirety and replace with a new Exhibit E, Special Terms and Conditions (Prep. Date: 5/3/2019), attached hereto and made a part hereof. The City of Santa Ana, Meta Housing Corporation, and Santa Ana Arts Collective, L.P., electto have the 2017 UMRs apply to this project. As a result,the original Exhibit E is hereby deleted in its entirety and replaced with a new Exhibit E to document the application of the 2017 UMRs to this project. Note: In order to bring all contracts into uniformity, the following change has been made. Exhibit C, State of California General Terms and Conditions (GTC 610) has been changed. The new State of California General Terms and Conditions (GTC 04/2017) are hereby incorporated by reference. The GTC 04/2017 documents can be viewed at http-.//wwiv.dgs.ca.gov/ols/Resources/StandardContractLan,uage.aspx. All other terms and conditions sball remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the CONTRACTOR'S NAME (if other than an individual, state whether a corporation, parmershiii etdJ See Attached BY (Authorized Signature) See Attached PRINTED NAME AND TITLE OF See Attached ADDRESS---_ -_— See. Attached STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development -- BY (Authorized Signature) DATE SIGNED (Do not type) See Attached Synthia Rhinehart, Contracts Manager, Business & Contract Services Branch not California Department of General Service Use Only i SCM 4.04.A3 (DGS N(Exempt per:Memo dated 6112/81) 2020 W. El Camino Ave., Suite 130, Sacramento, CA 95833 Return ORIGINAL Executed Copy to COTC (M-30/T'11) STATE OF CALIFORNIA Meta Housing Corporation STANDARD AGREEMENT %OWPYCity of Santa Ana STD 213A (Rev. 06/03) Santa Ana Arts Collective, L.P. 16-AHSC-11199, Am. 1 CONTRACTOR Page 2 of 3 Meta Housing Corporation a California For Profit Corporation go Kasey M. Burke President Address: 1640 South Sepulveda Boulevard, Suite 425 Los Angeles, CA 90025 City of Santa Ana a California Government City Kristine Ridge City Manager Date: A Date: ATTESC,,,(:�r.c�.�r OCT 2 4 2019 By: F 'Date: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: By: Sonia R. Carvalho Un Address: P.O. Box 1988 Santa Ana, CA 92702 Date: Date: 10 /I / 9 Return ORIGINAL Executed Copy to COTC (M-30/T11) STATE OF CALIFORNIA Meta Housing Corporation STANDARD AGREEMENT * City of Santa Ana STD 213A (Rev. 06/03) Santa Ana Arts Collective, L.P. 16-AHSC-11199, Am. 1 CONTRACTOR Page 3 of 3 Santa Ana Arts Collective, L.P. a California limited partnership By: Santa Ana Arts Collective, LLC a California limited liability company Its: Administrative General Partner By: Meta Housing Corporation a California For Profit Corporation Its: Sole Member/Manager By: Kasey M. Burke President By: WCH AFFORDABLE XVIII, LLC a California limited liability company Its: Managing General Partner By: Western Community Housing, Inc. a California nonprofit Corporation Its: Sole Member/Manager Graham Espley-Jones President Address: 1640 S Sepulveda Blvd, Suite 425 Los Angeles, CA 90025 Date: Date: Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. 16-AHSC-11199, Am. 1 EXHIBIT E Page 1 of 2 SPECIAL TERMS AND CONDITIONS AHSC Program Loan for Rental Affordable Housing Development The following Special Terms and Conditions are applicable to this Standard Agreement: 1. Exhibit A. Paragraph 2A -Definition of Sponsor: This provision is amended to add the following: Rel Santa Ana Arts Collective, L.P. ("LP") is an affiliate of Meta Housing Corporation ("Corp"), which is the sole member and manager of Santa Ana Arts Collective, LLC, the general partner of the LP. Corp and the City of Santa Ana ("City") were awarded the AHSC permanent loan funding (16-AHSC-11199) contemplated by this Standard Agreement (the "AHSC Loan")pursuant to the Award Letter, dated November 21, 2016. The Department acknowledges that the LP will be considered the ultimate borrower of the AHSC Loan funds and as such will execute the AHSC Loan Documents. For the purposes of this Standard Agreement, LP, City, and Corp will be collectively referred to herein as "Sponsor". As such, the LP, City, and Corp shall be jointly and severally liable for all the obligations of a Sponsor as set forth herein. Performance satisfactory to the Department by the LP of any duties and obligations under this Standard Agreement, and any other agreements as required by the Department, by either the LP, City, or Corp will be deemed as performance by the Sponsor. Kegs, tit. 25, § 830o et sea.): The Department and Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. originally entered into this Agreement on July 26, 2017, which: (1) has not expired or been terminated; and (2) referenced certain provisions of the Uniform Multifamily Regulations, as amended in 2010 (Cal. Code Regs, tit. 25, § 8300 at seq., Register 2010, No. 24 (June 11, 2010)) to the extent they were incorporated by the AHSC Guidelines where applicable. Amendments to the Uniform Multifamily Regulations (Cal. Code Regs, tit. 25, § 8300 et seq., Register 2017, No. 45 (Nov. 10, 2017) were adopted and thereafter became effective as of November 15, 2017 ("UMR2017"). At its January 29, 2018 meeting, the Strategic Growth Council amended Section 104(b)(3) of the FY 2016-17 AHSC Guidelines (dated July 17, 2017, technical amendments: 8/14/17, 10/23/17, and 1/29/18) (the "Amended Guidelines") to clarify the expression of the applicability of existing law, as follows: "Unless contradictory to a provision expressly set forth herein, the currently adopted and applicable Uniform Multifamily Regulations as may be amended from time to time... are hereby incorporated by reference in their totality into the Guidelines" and are applicable to all AHSC program funding award rounds. Section 104(b)(3) of the Amended Guidelines apply to this Agreement, as noted through Exhibit A paragraph 1(B) herein, and as such, the UMR2017 will apply so long as this AHSC Loan - Rental Affordable Housing Development NOFA Date: 01/29/16 Approved Date: 03/09/17 Prep. Date: 0709/19 Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. 16-AHSC-11199, Am. 1 Page 2 of 2 EXHIBIT E Agreement is amended after the January 29, 2018 effective date of the Amended Guidelines. Pursuant to Section 104(b)(3) of the Amended Guidelines and thereby section 8300(c) of UMR2017, by executing this Amendment No.1 to this Agreement, Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. is now electing to have UMR2017 apply. The Department represents and Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective, L.P. acknowledges and agrees that all matters contained herein are to be governed pursuant to the standards and requirements set forth in the foregoing UMR2017 unless contradicted by an express provision of the 2016 AHSC Guidelines. To the extent there is a conflict between an express or implied provision of this Agreement, as amended, and the UMR2017, the UMR2017 shall control unless contradicted by an express provision of the 2015-2016 AHSC Guidelines. AHSC Loan - Rental Affordable Housing Development NOFA Date: 01/29/16 Approved Date: 03/09/17 Prep. Date: 0709/19 DEPARTMENT OF HOUSING AND C DIVISION OF FINANCIAL ASSISTANCE Loan Closing section 2020. w. EJ 06min6 AVOW, SUAO 670, 05833 OCT 15 2019 Nib c_ n Mr. Chris Maffris Sehior Uice President Meta Housing Corporation 1640 South Sepulveda Blvd Suite 425 Los Angeles, CA 900.25 �pAMVNIq,, �< b M a� Y= �'yll!'U,tN��• Mr. Judson Brown. Housing Division Manager Community DevelopmenitAgency Housing and Neighborh I od .pivision Development Division City of Santa Aria 20 Civic Center (plaza (W26.) Santa Ana, CA 92701 Re; 16-AHSC-1 t 1'09 Am,1, Santa Ana Arts Collective Dear Mr. Maft'ris and Mr, Brown: Attached are the.,following documents: A. Standard A "regiment STD 213A STD 213A cover page and revised Exhibit E B. For expeditious handling of the contract, please complete the following, 1.. Review the entire Agreement thoroughly and. if neoessary, discuss the requirements with your legal and finanoiat advisors. 2. Print five copies of the first page of the Standard Agreement, STD 213A (do not print q: copy of the exhibits for HCD), 3. The person authorized by the Resolution must provide an original signature, printed name, title and date on the lower left-hand section entitled "Contractor" on each copy of the STD 213X 4. DO NOT SEND PHOTO COPIES OF SIGNATURES. ALL FIVE MUST 5. If the authorized designee as reflected in the resolution,. the grant amount or your grantee status has changed, you are required to provide the Infill Infrastructure Grant Program with a new resolution consistent with the terms of the grant award and adopted by your Board. Meta Housing Corporation and City of Santa Ana I6 AHSC-111109 Am. I Page 9 0. Return No signed copies of the $TDA 2113A to the following address: Ddpdrtibeht of Housing and Community Development 13u§InbsS & Contract Services, Branch ObtArads Office 21610 W. EI.C.amino Avenue, Suite 130 Sacramento, GA 06833 T Maintain a complete electronic version of the STD 21, 3A,810.d Exhibit E for Your pending file, (Note, The contract is Obtbffective until it is signed 6y the Grantee's designated official ON the QeptattnanQ. Should you have any.questions, please call Ge6rgb Magnuson, Loan. Closing Repr�e§OtatW). 0 , t(916)263-2665i Sincerely, Regi Fletcher, Cjosings Manager Loan Closing Section Enolosurps, 6c, Contracts Office Contract Manager