Crystal Alvarez
05/09/2024
City of Lancaster
23-CALHOME-18023
EXHIBIT A
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
This Standard Agreement along with all its exhibits (hereinafter collectively “the Agreement”) is being entered into pursuant to the CalHome Program (the “Program”) (Chapter 6 of Part 2 of Division 31 of the Health and Safety Code, commencing with section 50650 (the “Statute”)), and the CalHome Program Final Guidelines, as found on HCD’s website, dated December 30,2022, as amended and in effect from time to time, (the “CalHome Guidelines” or “Guidelines”).
Chapter 365, Statues 2017 (SB 3), adopted by voters on November 6, 2018, as Proposition 1, provides additional funding and authority for CalHome. Health & Safety Code, section 54014, subdivision (b) gives HCD authority to implement Proposition 1 funds by utilizing Guidelines. Pursuant to subdivision (b), such Guidelines are exempted from the requirements of the California Administrative Procedures Act (Chapter 3.5 of Part 1 of Division 3 of Title 2, commencing with § 11340 of the Government Code) and pursuant thereto, the CalHome Guidelines were adopted. In addition, Chapter 159, Statutes of 2019, Section 34 (Assembly Bill [AB] 101), effective June 27, 2019, allows CalHome funds to serve households that are victims of a disaster up to 120 percent of Area Median Income (AMI). AB 101 also allows the CalHome Program to fund the construction, repair, reconstruction, or rehabilitation of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs).
The Guidelines were amended on December 30, 2022, to implement Assembly Bill (AB) 434 (Chapter 192, Statutes of 2020), which amended H.S.C. §50517.5. AB 434 required the Department to harmonize the Joe Serna, Jr. Farmworker Housing Grant Program (the “Serna Program”) with the CalHome Program in the following two respects:
A. This Standard Agreement is entered pursuant to and in furtherance of the purpose of, the Program. The California Department of Housing and Community Development (the “Department”) has issued that certain Notice of Funding Availability, dated January 6, 2023 (the “NOFA”) to set forth the terms and conditions of the offering of the funds and carry out the Program.
B. In accepting this conditional reservation of funds, the Recipient agrees to comply with the terms and conditions of this Agreement, the NOFA under which the Recipient applied, the representations contained in the Recipient’s application for this funding allocation (the "Application"), and the requirements of the authorities cited above.
City of Lancaster
23-CALHOME-18023
EXHIBIT A
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
2. Purpose
The purpose of the CalHome Program is to support homeownership programs aimed at Low and Very Low-Income Households to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes.
Where a state of emergency is declared in the county under Gov. Code section 8625 resulting from a disaster, as defined in Gov. Code section 8680.3, or where there has been a special appropriation of federal emergency supplemental assistance for the county or a presidential declaration of disaster for the county, households at or below 120 percent of AMI which have suffered destruction or loss as a result of the disaster may be assisted with CalHome funds by nonprofit corporations and local governments.
The Statute, Guidelines, and Agreement, in effect and as amended from time to time, shall collectively be referred to as the “Program Requirements.” The Work (as hereinafter defined) authorized by this Agreement shall be performed according to the Program Requirements.
3. Definitions
Any terms in this Agreement which are not otherwise defined shall have the meaning set forth in Guidelines Appendix A.
4. Scope of Work
A. The Recipient shall perform the Scope of Work (“Work”) as described in the Application, which is on file at the Department of Housing and Community Development, Division of Financial Assistance, 2020 West El Camino Avenue, Sacramento, California 95833, and which is incorporated herein by reference. All written materials or addenda to the original application, as approved or requested by the Department and which are approved in writing by the CalHome Program Manager or higher Departmental official, as appropriate, are hereby incorporated as part of the Application.
B. In the event of a conflict between the description of the Work in the application and as described in this Exhibit, the description in this Exhibit shall prevail. The Department reserves the right to require the Recipient to modify any or all parts of the Application to comply with the Statute and Guidelines. The Department reserves the right to review and approve all Work to be performed by the Recipient in relation to this Agreement. Any proposed amendment to the Work must be submitted in writing for review and approval by the Department. Any approval shall not be presumed unless such approval is made by the Department in writing.
City of Lancaster
23-CALHOME-18023
EXHIBIT A
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. The Work for this Agreement shall consist of one or more of the following activities, undertaken by or on behalf of the Recipient, within the Program Project Area:
1) Homeownership Project Development Loans:
Homeownership Project Development Loans (“Project Loans”) (commencing with Guidelines § 400) for conditional awards of development loans to the Recipient to be used for land acquisition, predevelopment costs, and on-site improvements. Project Loans shall convert to grants once the homes are built, and mortgage assistance is provided to each household. Any remaining Project Loan amount not used for mortgage assistance is repayable to the Department. 2) Technical Assistance for Self-Help Housing Projects:
Technical Assistance for Self-Help Housing Projects (SHTA), which will aid eligible households in carrying out owner-builder housing efforts, including construction training and supervision.
3) Mortgage Assistance:
First Time Homebuyer Mortgage Assistance Program (MA) shall consist of providing Mortgage Assistance loans to households at or below 80 percent of AMI CalHome funds, for the purpose of this activity, can only be used as defined in guidelines section 402.
4) Owner-Occupied Rehabilitation:
Owner-Occupied Rehabilitation Assistance (OOR) shall consist of loans to households at or below 80 percent of AMI. Manufactured Housing is eligible, including replacement of a manufactured home pursuant to guidelines section 403.2, subdivision (e), whether located in Mobilehome Park or elsewhere. The repair, full reconstruction, or the addition of an Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) is also eligible. CalHome funds, for the purpose of this activity, can only be used as defined in Guidelines section 403.
5) Technical Assistance for Shared Housing Programs:
Technical Assistance for Shared Housing Programs (SHP) funds the provision of services required to match a homeowner provider with a seeker.
City of Lancaster
23-CALHOME-18023
EXHIBIT A
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
6) Accessory Dwelling Units and Junior Accessory Dwelling Units Programs:
ADU/JADU Programs (commencing with CalHome Program Guidelines section 405) for gap loans for ADU/JADU construction, reconstruction, repair, or rehabilitation to households at or below 80 percent of AMI. 7) 120 Percent of AMI Activities:
Any of the foregoing activities may be operated and provided to households up to moderate incomes where the conditions of Health & Safety Code, section 50650.3, subdivision (g) are met. To qualify, a Household must be a victim of a disaster and must be located in a county where one of the following has occurred:
(a) The Governor has proclaimed a state of emergency, pursuant to Section 8625 of the Government Code, resulting from a disaster, as defined in Section 8680.3 of the Government Code.
(b) A special appropriation of federal emergency supplemental as instance or a presidential declaration of disaster has occurred.
5. Activity Delivery Fees
The maximum amount of Activity Delivery Fees (ADF) that may be drawn for each specific activity shall be set by the Department.
A. Mortgage Assistance Loans: The Department may provide funding to cover Activity Delivery Fees (ADFs) of up to 10 percent of the total award allocatable to the mortgage assistance activity. Up to 5 percent of the total award may be provided within 90 days after the execution of the Standard Agreement for program development expenses, and up to 5 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 5 percent of the total award divided by the estimated number of Loans to be made under the contract.
B. Owner-Occupied Rehabilitation Loans: The Department may provide funding to cover ADFs of up to 20 percent of the total award. Up to 10 percent of the total award allocatable to the owner-occupied rehabilitation activity may be provided within 90 days after the execution of the Standard Agreement for program development expenses, and up to 10 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 10 percent of the total award divided by the estimated number of Loans to be made under the contract.
City of Lancaster
23-CALHOME-18023
EXHIBIT A
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. ADU/JADU Loans: The Department may provide funding to cover ADFs of up to 20 percent of the total award. Up to 10 percent of the total award allocatable to the ADU/JADU loan may be provided within 90 days after the execution of the Standard Agreement for program development expenses, and up to 10 percent of the total award may be reimbursed on a per-Loan basis. The per-Loan reimbursement maximum will be 10 percent of the total award divided by the estimated number of Loans to be made under the contract.
6. Department Contract Coordinator
The coordinator of this Agreement for the Department is the CalHome State Grant Management Manager, or their designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be emailed to [email protected]
.
City of Lancaster
23-CALHOME-18023
EXHIBIT B
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail
A. Recipient has received an awarded for the grant or loan activities described in Exhibit E, Paragraph 1, of this Agreement. Recipient agrees and acknowledges that the Development Budget and Project Sources more particularly described in Exhibit E are true and correct to its actual or constructive knowledge.
B. For the purposes of performing the Work described in this Agreement, the Department agrees to provide the aggregate amount identified on page 1, number 3 of this Agreement (STD 213) in the form of a grant (“Grant”) or, in the case of a Homeownership Development Loan, a Project Loan, for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for Work in excess of this Agreement amount, or for any unauthorized or ineligible costs as set forth in the Program Requirements.
2. Conditions of Disbursement
A. Funds are not obligated to a Borrower prior to the date this Standard Agreement is fully executed by both the Recipient and the Department. Funds will be released only after the Standard Agreement is fully executed by both the Recipient and the Department, and after the Department has reviewed and approved in writing the following Recipient submissions:
1) Loan servicing plan in compliance with Guidelines section 206.
2) The Recipient shall submit its own Program guidelines for review and approval by the Department for each funded activity identified in Exhibit E and in compliance with Guidelines section 204. These Program guidelines, at a minimum, shall include:
(a) P articipant eligibility requirements;
(b) P roperty eligibility requirements;
(c) U nderwriting requirements including maximum Loan-to-Value limits and debt to income ratio’s;
(d) L oan terms for assistance loans to participants.
(e) Occupancy requirements;
(f) E ligible and ineligible costs for payment with CalHome funds; (g) Homebuyer education requirements for Mortgage Assistance Activities pursuant to Guidelines section 205; and,
(h) P rogram marketing plan.
City of Lancaster
23-CALHOME-18023
EXHIBIT B
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
3) Loan document templates.
4) Reuse Agreement acceptable to the Department in compliance with Guidelines section 207, which includes verification of established separately maintained Reuse Account.
5) Fully executed 20-year Monitoring Agreement between the Recipient and the Department, as described in the 2022 CalHome Guidelines.
6) T hird party contracts for the administration of any of the above functions shall require the Recipient to submit copies of the proposed contract prior to execution (including future amendments) to be reviewed and accepted by the Department.
7) If applicable, a limited waiver of sovereign immunity and consent to jurisdiction and venue by the Tribal Entity Recipient. This limited waiver shall be strictly construed and limited to the enforcement of this Agreement and Program Requirements and shall not operate as a general waiver of tribal sovereign immunity.
3. Payment Provisions
A. Prior to requesting any funds, the Recipient shall submit the following:
Payee Data Record STD 204 or TIN Form (as applicable).
B. Funds may be requested as either a reimbursement or as an advance pursuant to Guidelines section 601 and as described in the NOFA under which these funds were awarded. Advances may include, but are not limited to, any of the following:
1) Homeownership Project Development Loan disbursements.
2) Advances of up to 25 percent of the award for either Self-Help or Shared Housing Technical Assistance.
3) Advances of up to 25 percent of the award for Owner-Occupied Rehabilitation or ADU/JADU Programs up to the Recipient’s anticipated volume of closed Loans for the following 60-day period; and,
4) Advances of up to 25 percent of the award to escrow for Mortgage Assistance Loans.
City of Lancaster
23-CALHOME-18023
EXHIBIT B
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. All Recipients shall reconcile any and all advances within 90 days.
Documentation showing at least two-thirds of the funds previously released for the Work were expended shall be submitted to the Department before another advance request is processed.
D. Recipients shall also consistently complete quarterly and annual performance reports and up to date submissions as required before another advance request is processed.
E. The Department shall not authorize payments unless it determines, in its sole discretion, that the Program funds shall be expended and disbursed in compliance with the terms and conditions of the Program Requirements, and, if applicable, a Development Agreement.
F. The Department reserves the right to request copies of any documentation at any time prior to, or after the processing of any draw request.
G. All funds requests whether advance or reimbursement must be requested on a form provided by the Department and accompanied by the required supporting documentation.
4. Performance Deadlines
In addition to any other deadlines contained herein, Recipient shall fully and timely observe and satisfy all deadlines and time requirements set forth in Exhibit E Paragraph 2 of this Agreement. Time is of the essence in this agreement and Recipient agrees to use all due diligence to have all the Work specified in this Agreement entirely completed on or before the dates set forth in this Agreement.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
CALHOME PROGRAM TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213, (the “Effective Date”).
B. The Recipient agrees that Work shall not commence, nor any costs to be paid with CalHome funds be incurred, or obligated, by any party prior to execution of this Agreement by the Department, completion of all required environmental clearances, and compliance with the applicable conditions of this Agreement.
Notwithstanding the foregoing, a Tribal Entity Applicant that applies for funds for a CalHome Project located within Indian Country, may be eligible for reimbursement for administrative expenses incurred prior to the execution of this Agreement for compliance with the National Environmental Policy Act (NEPA).
C. The Recipient agrees that the Work shall be completed in accordance with the dates specified in Exhibit E, paragraph 2.
2. Sufficiency Funding
A. This Agreement is valid and enforceable only if sufficient funds are made available to the Department for the purposes of the CalHome Program and such funds shall be disbursed in accordance with the CalHome program as determined by the Department in its sole and absolute discretion. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State Legislature, promulgated in state regulations, guidelines, or any state statute which may affect the provisions, terms, or funding of this Agreement in any manner.
B. T he parties to this Agreement mutually agree that if the State Legislature does not appropriate sufficient funds for the for the CalHome Program to fully fund the amount set forth in this Agreement, the Department, at its sole discretion, may either amend the Agreement to reflect any reduction in funds, or it may unilaterally cancel the Agreement with fourteen (14) days written notice to the Recipient.
C. Unless otherwise approved by the Department, upon termination or cancellation of this Agreement, the Recipient shall complete all Work in progress and terminate any other activities that were to be paid for with CalHome funds. Any unexpended funds received by the Recipient shall be returned to the Department within fourteen (14) days of the Notice of Termination or Notice of Cancellation.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
3. Recipient’s Application for Funds
A. The Recipient has submitted to the Department an application for funding under the CalHome Program. The Department is entering into this Agreement based on, and in substantial reliance upon, Recipient’s facts, information, assertions, and representations contained in that Application, and in any subsequent modifications or additions thereto approved by the Department in writing. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement.
B. The Recipient hereby represents and warrants to the Department that all information, facts, assertions, representations, and warranties contained in the Application (collectively the “Representations”) and approved modifications and additions thereto are true, correct, and complete to the best of Recipient’s actual and constructive knowledge, both as of the date of the Application and as of the date hereof. In the event that any part of the Application, including but not limited to, the Representations and any approved modification and addition thereto is, at any time during the term of this Agreement, untrue, incorrect, incomplete, or misleading in such a manner that could reasonably affect the Department's approval, disbursement, or monitoring of the funding and the Project Loans or Grant activities governed by this Agreement, then the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. All Representations Recipient shall indefinitely survive the expiration or earlier termination of this Agreement.
C. The Department shall not be obligated to fund a CalHome loan or a grant activity unless the Recipient has complied with and satisfied all the applicable terms and conditions of the following, all in a manner satisfactory to the Department in its sole and absolute discretion, on or before the earlier of the CalHome loan closing or the execution of this Agreement:
1) The Program Requirements, as defined in Exhibit A.
2) A ll program legal documents including, but not limited to, this Agreement and the Monitoring Agreement; and
3) The Representations made in the Application and associated materials.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
D. T he Recipient shall demonstrate that it has the full power and authority to occupy, control, and manage the real property on which the Project will be located and to undertake all of its obligations under this Agreement. The Recipient shall do all things necessary to preserve and to keep in full force and effect its existence, rights, and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental, quasi- governmental, and/or tribal authority or court applicable to the Recipient and the Recipient’s business or other entity subject to the Agreement.
E. If the Recipient is a Federally Recognized Indian Tribe or a Tribally Designated Housing Entity (TDHE) as defined at 25 U.S.C section 4103(22) or Health and Safety Code section 50104.6.5, that has entered into a ground lease with the Borrower for the right to occupy the real property where the Project is located, the Recipient shall do all things necessary to preserve and to keep in full force and effect the leasehold interest, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental, quasi-governmental, and/or tribal authority or court applicable to the Recipient and the Recipient’s business or other entity subject to the Agreement.
4. Project /Program Requirements
The Recipient shall comply with the Statute, Guidelines, and other Program Requirements in accordance with the type of assistance provided.
A. Maximum Per Unit Assistance Amount
Activities assisted under this Agreement are subject to underwriting and subsidy layering requirements established by the CalHome Program for each activity.
The maximum per unit assistance amount is established in the NOFA under which the application for funding was submitted.
B. Maximum Purchase Price/After Rehabilitation Value Limits Maximum Purchase Price and After Rehabilitation Value limits shall be determined through the method described in the Guidelines based on the program or activity and not exceed the limit established in Guidelines section 302.
C. Maximum Loan-to-Value Limits
Maximum Purchase Price and After Rehabilitation Value limits shall be determined through the method described in the Guidelines based on the program or activity and not exceed the limit established in the Guideline by activity.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
D. Income Determination
Households assisted under this Agreement must have incomes determined to be at or below the federal Section 8 income limits adjusted by household size and area in which they reside as updated annually. Income must be determined utilizing the gross income determination requirements defined in California Code of Regulations, title 25, section 6914. For Tribal Entity households located on tribal trust or restricted land, income limits must be determined in accordance with 24 C.F.R. Part 1000 et seq. and 25 U.S.C section 4103.
5. Activity Delivery Fees, as applicable
Activity Delivery Fees (ADF) must not to exceed the applicable limits specified in Exhibit A, paragraph 5.
6. Written Agreements
A. The Recipient shall enter into a Standard Agreement with the Department that shall encumber state monies sufficient to fund the Local Program or Project and shall contain specified conditions and requirements to carry out the Local Program and Projects as set forth in Section 600 (a) of these Guidelines.
B. The Recipient shall enter into a Monitoring Agreement with the Department requiring the parties to comply with the requirements and provisions of section 207 and 601 (b) of these Guidelines, regarding the Reuse Account.
C. The Recipient shall enter into a written agreement (Borrower Agreement) with any other entity or individual to which it disburses CalHome funds in accordance with Section 7 of this Agreement for purposes of carrying out the Local Program or Project. The Borrower’s Agreement must be executed prior to Recipient disbursing CalHome funds to borrower.
D. All Agreements, Borrower Agreements, instruments, and documents executed by or entered into by the Recipients or the Borrower, where the Recipient is not the Borrower, which materially affect, as applicable, the construction, refinancing, acquisition, operation, ownership or maintenance of the Project or Program shall be subject to the written approval of the department.
E. All Agreements, Borrower Agreements, instruments, and documents, executed by or entered into by the Recipient or the Borrower where the Recipient is not the Borrower, which materially affect, as applicable, the construction, refinancing, acquisition, operation, ownership or maintenance of the Project or Program shall be in writing and be subject to the written approval of the Department.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
7. Security Documents and Lien Agreements
Prior to the initial disbursement of any CalHome funds encumbered by this Agreement, the documents described in this paragraph shall be entered into, executed and, where appropriate, acknowledged and recorded in accordance with applicable law. The documents described in subsections “A” through “E” shall be provided by the Department.
A. For CalHome mortgage assistance, funds shall be disbursed to Borrowers in the form of deferred payment low-interest or no interest loans. The Recipient shall ensure that all loans made by the Recipient are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted. or by other security approved by the Department in writing. The Recipient agrees that, prior to the disbursement of funds, all said documents shall be executed and where appropriate recorded. The documents shall include provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner- occupied. If the Recipient is a Federally Recognized Tribe or a TDHE as defined herein, and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Recipient and the Borrower must be secured against the Borrower’s leasehold or other legal interest in the Indian Country, through the execution and recording of Department approved security documents with the Bureau of Indian Affairs (BIA) and the County where the Project is located.
B. For project development loans to assist a housing project with predevelopment costs, funds are to be disbursed prior to acquisition of lots or homes by individual homeowners. The promissory note shall be executed by the Recipient in favor of the Department and secured by a blanket deed of trust executed by the fee owner(s) of all lots upon which the development will take place. Said deed shall be recorded in the office of the county recorder for the county in which the project will be located and shall have priority over other liens, encumbrances, and other matters of record except as may be approved by the Department in writing. At the time individual lots or units are sold to individual buyers, each individual owner-occupant borrower shall enter into a deferred payment loan setting forth the terms and conditions under which the loan of CalHome funds is being made, including those provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner- occupied.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
If the Recipient is a Federally Recognized Tribe or a TDHE and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Recipient and the Borrower must be secured against the Borrower’s leasehold or other legal interest in the Indian Country, through the execution and recording with the BIA and the County where the Project is located with a lawful security document approved by the Department.
C. For CalHome owner-occupied rehabilitation, funds shall be disbursed to borrowers in the form of deferred payment loans. The Recipient shall ensure that all loans made by the Recipient are evidenced by a promissory note, the repayment of which is secured by a deed of trust to be recorded on the property being assisted, or by other security approved by the Department in writing. The Recipient agrees that, prior to the disbursement of funds, all said documents shall be executed and, where appropriate, recorded. The documents shall include provisions necessary to ensure either that the property being assisted with CalHome funds remains affordable, or that CalHome funds are recaptured upon sale of the property or in the event the unit is no longer owner-occupied. If the Recipient is a Federally Recognized Tribe or a TDHE and the Project is located in Indian Country, notwithstanding the foregoing, the promissory note executed between the Recipient and the Borrower must be secured against the Borrower’s leasehold or other legal interest in the Indian Country, through the execution and recording with the BIA and the County where the Project is located with a lawful security document approved by the Department.
D. For CalHome Shared Housing Technical Assistance and Self-Help Technical Assistance funds will be provided to the Recipient in the form of a grant.
E. The Recipient shall comply with, and fulfill its obligations under, all the applicable documents called for in this Agreement. Any breach or violation by the Recipient or Recipient’s successor in interest of any provision of any of the required documents shall constitute a breach or violation of this Agreement and shall be subject to the rights and remedies provided herein and otherwise available at law or in equity.
8. Authorizations
Recipient represents, warrants, and covenants to the Department that the execution, delivery and performance of this Agreement and all the CalHome mandated Program documents, which include but are not limited to Standard Agreements, Borrower Agreements, and any necessary security documents, used to evidence or secure the CalHome Grant funds have been duly authorized by all necessary action by Recipient and do not conflict with, result in a violation of, or constitute a default under:
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
A. A ny authorizing resolutions of the governing boards or bodies of both the Sponsor and a co-Sponsor (except where the Sponsors(s) are individuals); where Recipient is a Tribal Entity, this includes any provisions of Tribal Constitution, ordinances, law or resolutions, or articles of incorporation, by-laws, or other governing documents adopted by Recipient; or
B. Any authorizing documents, where Recipient is a Tribal Entity, which includes any provisions of the Tribal Entity’s constitution, ordinance, resolutions, articles of incorporation, bylaws, or other governing documents or other laws adopted by the Tribe; or
C. Any law, governmental regulation, court decree, or order applicable to the Recipient or the Recipient’s properties that are subject to the Borrower’s agreement. The Department relies upon the Recipient to appropriately take all necessary action to validly enter into this Agreement, and all amendments thereto, as well as all separately related agreements, so to effectuate the Work as described herein.
9. I nsurance
A. Prior to the disbursement of funds under this Agreement and thereafter during the term hereof, the Recipient shall obtain, carry, and maintain enforce, comprehensive general liability insurance in the amount not less than one million dollars ($1,000,000) for injury to or death of one person, one million dollars ($1,000,000) for injury to or death of more than one person in one accident, and adequate property damage insurance. All insurance carriers must meet the requirements of the State of California Department of Insurance.
B. Upon demonstration of cause satisfactory to the Department, the requirements in Paragraph 9A above may be satisfied by the Recipient providing evidence of an alternative to conventional insurance sufficient to provide equivalent protection.
10. Inspections
A. The Recipient shall inspect any Work performed hereunder to ensure the Work is being and has been performed in accordance with the applicable federal, state, tribal and local requirements, any applicable construction contract, and this Agreement. The Recipient agrees to require that all Work found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to the construction Recipient or sub-Recipient until it is so corrected.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
B. The Department reserves the right to inspect the property and site upon which the Work is being performed during construction and throughout the period of affordability. The Recipient shall include a provision permitting the Department or its agents for the right to inspect.
11. Signs
A. The Recipient may place a sign on the Property during construction that shall include the Department as one of the entities providing financing to the development.
B. During the construction period the Department may place one or more signs on the Property stating that it is providing financing for the development.
12. Reporting Requirements
A. During the term of this Agreement, and no later than 30 days after the end of each calendar quarter, the Recipient shall submit to the Department a performance report on a form provided by the Department.
B. During the term of this Agreement, and no later than thirty (30) days after June 30th of each year, the Recipient shall submit an annual performance report on a form provided by the Department.
C. During the term of this Agreement, the Department reserves the right to request any other information, records, forms, or reports as is necessary for the Department to measure progress, provide technical assistance, monitor reuse accounts, make adjustments to program operations, and to respond to inquiries from the California State Legislature.
D. During the term hereof Recipient will timely comply with any other auditing and reporting requirements not specifically referenced above. Failure to timely submit any of the reports required by this paragraph eleven, or any reports required pursuant to the Guidelines, shall constitute a breach of this Agreement. In addition to the remedies provided under the Guidelines and program legal documents, including, but not limited to, this Agreement, the Department may withhold disbursements of CalHome funds for failure to timely submit reports.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
13. Audit/Retention and Inspection of Records
A. Recipient shall retain any and all records, accounts, documentation, and all other relevant materials pertaining to performance of this Agreement for a minimum of five (5) years after the expiration of this Agreement and any and all amendments hereto, unless a longer period of record retention is stipulated. Recipient shall retain any and all records, accounts, documentation, and all other relevant materials pertaining to performance of the Agreement for a minimum of five (5) years after the conclusion or resolution of any and all audits or litigation relevant to this Agreement, unless a longer period of record retention is stipulated.
B. At any time during the term of this Agreement, the Department may perform or cause to be performed, an independent financial audit of any and all phases of the Work. At the Department’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant.
C. The audit shall be performed by a qualified State, Department, local or independent auditor. The Agreement for audit shall include a clause which permits access by the Department to the independent auditor's working papers.
D. Recipient shall adequately document each transaction to permit the determination, through an audit if requested by the Department, of the accuracy of the records and the allowability of the expenditures paid in whole or in part, with CalHome funds. If the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable expenditure shall be disallowed. The Recipient shall reimburse the Department for the amount of any disallowed expenditures of the Recipient or its agents or subcontractors. Determination by the Department of allowability of any expenditure shall be final.
E. Recipient agrees that the Department or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of this Agreement.
Recipient agrees to provide the Department or its delegatee with any relevant records, accounts, documentation, and all other relevant materials requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such records, accounts, documentation, and all other materials relevant to a matter under investigation for the purpose of determining compliance with Government Code, section 8546.7, or pursuant to a financial audit under subsection B above. Recipient further agrees to maintain such records for a period of five (5) years after final payment under this Agreement.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
14. Monitoring Agreement
Upon the Department’s approval of Recipient’s Loan Servicing Plan and CalHome Program Reuse Account Plan, the Recipient shall enter into the 20-year Monitoring Agreement. The 20-year Monitoring Agreement allows the Department to obtain necessary reporting information; review and approve changes to Loan Servicing Procedures or CalHome Program Reuse Account Plans; and, to perform monitoring of CalHome Program operations and accounts.
15. Compliance with State, Federal, and Tribal Laws, Rules, and Guidelines Recipient agrees at all times to act with respect to the CalHome Program, CalHome activities, and to use the funds committed herein in conformity with all laws applicable to the CalHome Program including, where applicable, those of the State of California, all federal laws, all local rules or ordinances, all tribal laws, all Program Requirements, including the CalHome Statutes and Guidelines. Recipient also agrees to comply with all State, Federal and Tribal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Work.
16. Disencumbrance of Funds
A. The Recipient shall repay all CalHome funding where:
1) Recipient fails to complete its Project by the expenditure deadline(s) in Exhibit E paragraph 2 of the Agreement; or,
2) Recipient, prior to the Project completion date at Exhibit E section 2, fails to expend any CalHome funds disbursed by the Department applicable to the award of CalHome funds granted herein, then the Recipient shall:
(a) repay all such disbursed CalHome funds to the Department; and, (b) forfeit and have no further rights or claim to any other remaining herein-granted CalHome award funds.
B. Funds authorized by this Agreement shall be disencumbered in whole or in part if funds are not expended within the time frames specified in Exhibit E.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. The Department may exercise its reasonable discretion to disencumber funds or to grant an extension of time for completion (in accordance with Guidelines Section 603, subdivision (d)). Any extensions are subject to any and all applicable encumbrances, deadlines, and limitations, including, but not limited to, Health & Safety Code section 54006, subdivision (g). Documentation to support the Recipient’s expenditure of funds shall be received and approved prior to the contract expiration date.
17. Change of Conditions
Notwithstanding the Department’s obligations to provide payments pursuant to Exhibit B and Exhibit E hereof, the Department reserves the right to evaluate the Recipients’ need for Program funds based on new information or funding sources associated with the Work. If the Department determines that the Program funds, or a portion thereof, are no longer necessary to complete the Work, the Department may reduce the amount of the grant or loan accordingly. In the event the Department determines, in its sole discretion, that the Work is no longer financially feasible, any commitment issued by the Department and this Agreement may be terminated.
18. Obligations of Recipient with Respect to Certain Third-Party Relationships The Recipient shall remain fully obligated under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Work with respect to which assistance is being provided under this Agreement. The Recipient shall comply with all requirements of the Department necessary to ensure the completion, occupancy, and use of the Work in accordance with this Agreement.
19. The Civil Rights and Age Discrimination Acts Assurances During the performance of this Agreement, where applicable, the Recipient assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by the California Fair Employment and Housing Act (Government Code, section 12990, et. seq.), the Holden Act (Health & Safety Code, section 35800, et. seq.), Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 United States Code, section 3601 et seq.) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
Notwithstanding the foregoing, a Federally Recognized Tribe or a TDHE Recipient may implement a preference for Indian families or tribal members in the participation or employment with respect to the CalHome program where the Local Program or Project is located within Indian Country.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
20. Displacement, Relocation, and Acquisition
The Recipient shall comply with the state displacement, relocation, and real property acquisition rules governing the CalHome Program, which are contained in, and applicable to the Guidelines. Notwithstanding the foregoing, a Federally Recognized Tribe or a TDHE, are mandated to comply with the relocation requirements set forth in 24 C.F.R. section 1000.14.
21. Special Conditions
The Recipient agrees to comply with all conditions of this Agreement, where applicable, including any Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of the Department. The Recipient shall ensure that all Recipients and/or subcontractors are made aware of and agree to comply with all of the conditions of this Agreement and the applicable federal and state requirements governing the use of CalHome funds. Failure to comply with these conditions may result in cancellation of this Agreement.
22. Eligible Uses of Reuse Funds
A. Reuse funds may be retained by the Recipient. The Recipient shall be in full compliance with their approved Reuse Agreement and must be placed in an interest-bearing account.
B. Reuse funds must be used for eligible activities for which funds were awarded as specified in the Guidelines and any program legal documents including, but not limited to, this Agreement. The Recipient must report on the use of Reuse funds annually for a period of 20 years beginning from the Agreement expiration date as established in Exhibit E Paragraph 2 of this Agreement.
23. CalHome Predevelopment Loan Funds
A. If CalHome funds are provided to the Recipient to finance the costs of obtaining construction loan commitments, architectural plans and specifications, zoning approvals, engineering studies, and legal fees, the Recipient shall demonstrate, to the satisfaction of the Department, that it has, with regard to the Project concerned, site control (evidenced by one of the documents listed in Guidelines section 400.3), a preliminary financial commitment, and a capable development team or a plan to hire a capable development team, to carry out the CalHome Program and Project Requirements.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
B. Repayment of the Recipient predevelopment loan will be made to the Department, or a Recipient as approved by the Department, from construction loan proceeds or another project income in the event the CalHome funds are not provided to low-income buyers of the units developed. The Recipient may be required to enter into a predevelopment loan agreement prior to the disbursement of funds. This agreement will detail the use and repayment of funds, and other terms and conditions of the loan.
24. Labor Standards/ Prevailing Wage
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Recipient shall ensure that the requirements of Chapter 1 (commencing with section 1720) of part 7 of the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met. Notwithstanding the foregoing, to the extent permissible under applicable laws, rules, regulations, and guidelines, it shall not be a breach of this Agreement for a Federally Recognized Tribal Entity Recipient to implement a tribally determined prevailing wage (TDW) in accordance with 24 C.F.R. section 1000.16, and where a Tribal employment preference is given in accordance with 24 C.F.R. section 1000.52 where the Project is located within Indian Country.
B. For the purposes of this requirement, “Construction Work” includes, but is not limited to, the rehabilitation, alteration, demolition, installation, or repair done under contract and paid for, in whole or in part, through this Agreement. (Note:
For the purposes of this requirement “In Support of Construction Work” includes, but is not limited to, the work performed during the design and preconstruction phases of construction (i.e., development,) including, but not limited to, inspection and land surveying work under contract and paid for, in whole or in part, through this Agreement. Development related work “in support of construction work” such as involving the employment of trades/crafts like a field soil tester, laborer, electrical utility lineman, tree trimmer, driver (on/off- hauling to/from construction site shall be paid prevailing wages pursuant to California Labor Code, part 7, Chapter 1.) All construction work shall be done through the use of a written contract with a properly licensed building contractor, where applicable, Recipient incorporating these requirements (the “Construction Contract”). Where the construction contract will be between the Recipient and a licensed building Recipient, Recipient shall serve as the “Awarding Body.” Prior to any disbursement of funds, including but not limited to the release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. Tribally Determined Wage, if applicable notwithstanding the foregoing, to the extent permissible under applicable laws, rules, regulations, and guidelines, it shall not be a breach of this Agreement for a Federally Recognized Tribe Recipient or TDHE, layering their IHBG allocation with the CalHome funds for the Project located within Indian Country, to implement a Tribally Determined Wage (TDW) in accordance with 24 C.F.R. section 1000.16, where Recipient complies with all of the following prior to the execution of the Agreements and disbursement of funds:
1) submit a copy of the duly adopted a TDW in accordance with Tribal law;
2) submit a copy of duly adopted tribal ordinance, resolution, or other document in accordance with 24 C.F.R. § 1000.16 (e) authorizing the TDW; and
3) submit a copy of the methodology used by the Grantee to determine the TDW and ensure that the TDW law requires the payment of not less than those wage rates the tribe determines to be prevailing.
25. Environmental Clearances
A. The Recipient shall comply with the National Environmental Policy Act (NEPA) contained in 42 USC §§ 4321-4347 and the implementing regulations at 24 C.F.R. Parts 50 and 58. No actions by any party (including the Recipient, the developer, owner, or sponsor) shall be undertaken for any activity that would have an adverse environmental impact or limit the choice of reasonable alternatives under 24 C.F.R. § 58.22 until HUD or the Department has issued an environmental clearance.
B. The Recipient understands and agrees that this Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Department of an approval of the request for release of funds and certification from HUD or the Department under 24 C.F.R. Part 58. The provision of any funds to the project is expressly conditioned on the Department's determination to proceed with, modify or cancel the project based on the results of the environmental review.
C. If Recipient is a Federally Recognized Indian Tribe or a TDHE and the project will be located on land held in Trust by the BIA for the benefit of the Tribe, to the extent applicable, the Department will satisfy any environmental clearances pursuant to the California Environmental Quality Act.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
26. Governing Law
A. This Agreement will be governed by federal law applicable to the Department, applicable Tribal Law and, to the extent not preempted by federal law, the laws of the State of California without regard to its conflicts of law provisions. This Agreement has been accepted by the Department and the Recipient in the State of California
B. Recipient agrees at all times to act with respect to, and comply with, the CalHome Program, CalHome activities and to use funds committed herein in conformity with all laws applicable to the CalHome Program.
C. Recipient agrees to comply with applicable federal, state, tribal laws, rules regulations, guidelines and local ordinances that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters where applicable to the Recipient and Borrower, its contractors or subcontractors, and any Loan activity, including without limitation laws applicable to the CalHome Program.
27. Vested Rights
The parties acknowledge that the rights, liens, security interests, and remedies described in or provided by this Agreement and other security documents constitute the property of the Department. Recipient covenants and agrees that it is legally precluded under the Indian Civil Rights Act, 25 U.S.C. § 1302, and other legal precedents from taking such property for a public use without just compensation or from depriving the Department of such property without due process of law or from denying them the equal protection of the laws. Generally, such property and rights, under the other legal precedents referenced, are intended to be protected and enforceable by the courts of the United States, the State of California, and the tribal courts. Specifically, such property and rights under 25 U.S.C. § 1302 are intended to be protected and enforceable by the Tribal Courts and by the courts of the United States.
28. Assignment of Agreement, Assignment of Loan Commitment A. This Agreement shall be binding on the parties hereto, their assigns, successors, administrators, executors, and other representatives. This Agreement is not assignable, either in whole or part, without the prior written approval of the Department in its sole and absolute discretion.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
B. This Agreement represents a conditional commitment of funds for accomplishment of the Work. This conditional commitment of funds shall not be assigned, transferred, or otherwise alienated, in whole or in part by the Recipient or any other person or entity which, pursuant to the Application or the description of the Work, anticipates receiving any funds encumbered by this Agreement without the prior express and written consent of the Department. Any such assignment, transfer or act of alienation is invalid and may result in the termination of this Agreement.
29. Litigation
A. If any provision of this Agreement, or underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain, at the Department’s election, in full force and effect to the maximum extent allowed by law. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. The Recipient shall notify the Department immediately of any impending, pending, or current claim or action undertaken by or against it which affects or may affect this Agreement, the project, the Recipient, or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
30. Waiver
A. No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, and any rights, or remedies thereunder, or to require, at any time performance by the Recipient of these provisions, shall in no way be construed to be a waiver of such provisions, rights, or remedies, nor to affect the validity of this Agreement or the right of the Department to enforce the same. Any and all waivers by the Department must be express and in writing and signed by an authorized official thereof in order to be effective.
B. All rights and remedies afforded to the Department under this Agreement shall be construed as cumulative and non-exclusive to the maximum extent permitted by law and shall be in addition to any other rights or remedies provided therein, by law, or otherwise.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
31. Termination of Agreement and Breach
A. The Department may terminate this Agreement at any time for cause by giving fourteen (14) days written notice to the Recipient. Cause shall consist of any violation of the CalHome Guidelines, Statute, or other Program Requirement; any terms and/or special conditions of this Agreement or legal documents referenced in Guidelines section 600; an unreasonably low rate of expenditure or, upon a reduction in, limitation on, or elimination of the Department's expenditure authority.
B. The Recipient shall be in default and breach hereunder in the event the Recipient fails to satisfy or comply with any term or condition in this Agreement or with respect to the 20-year Monitoring Agreement as specified in Exhibit B, Paragraph 2.A., 5. In the event of such default and breach, the Department shall issue a written notice to the Recipient specifying:
1) the breach;
2) actions required to cure breach; and,
3) a date, not less than fifteen (15) days from the date of the receipt of such notice by the Recipient, by which such breach must be cured as set forth in Section 604.
C. In the event of such breach the Department may also take such action or seek such remedies as provided in the 20-year Monitoring Agreement or in the Guidelines. The Department may also seek such other remedies as may be available under this Agreement or any applicable law or in equity.
32. Limited Waiver of Sovereign Immunity
If applicable, except as otherwise expressly provided below, [INSERT NAME OF TRIBE] reserves all of its inherent sovereign rights, including sovereign immunity from unconsented suit or legal proceedings. However, [INSERT] irrevocably grants to the Department solely, and to no other party other than another California state agency responsible for the management and enforcement of the Department’s obligations and responsibilities pursuant to the [INSERT NAME OF PROGRAM] program requirements, and this Standard Agreement and exhibits hereto (collectively, this “Agreement”) governing the Project, a limited waiver of sovereign immunity (and any defense based thereon) from any suit, action, claim or proceeding or from any legal process (whether through service of notice, attachment prior to judgment, attachment in aid of execution, execution, exercise of contempt powers, or otherwise) to seek the following rights and remedies:
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
A. the enforcement of any provision of this Agreement;
B. any claim, action or legal proceeding arising under or related to this Agreement;
C. any determination, judgment, order or award issued by a court of competent jurisdiction, including without limitation, an award of actual damages, an order requiring [INSERT NAME OF TRIBE] to pay direct and actual damages resulting from any breach of this Agreement, or an order from a court of competent jurisdiction for injunctive relief requiring or prohibiting [INSERT] to take certain action;
D. claim or action to interpret and/or enforce the provisions of this Agreement and to resolve disputes, controversies, or claims arising or related to any of the foregoing;
E. any counterclaims against or relating to claim(s) brought in connection with this Agreement; and,
F. injunctive relief pursuant to this Agreement. [INSERT] expressly, unequivocally, and irrevocably waives its sovereign immunity from unconsented suit (and any defense based thereon) for the rights, remedies, and actions identified in this paragraph, but no others. This limited waiver of sovereign immunity does not extend to tort claims or other types of damages, including indirect, special, incidental, non-compensatory, consequential, or punitive damages, whether by way of indemnification or otherwise. [INSERT TRIBE] does not waive sovereign immunity for lawsuits by third parties or disputes between the parties not arising from this Agreement. This waiver does not allow, and the Department separately agrees not to bring, any claims, actions, or lawsuits against any [INSERT TRIBE] individual, including [INSERT TRIBE] officials, employees, agents, and others acting on behalf of [INSERT]. The Department will sue only [INSERT TRIBE] as an entity. This limited waiver shall not, under any circumstances, allow the cumulative award against [INSERT TRIBE] to exceed the [INSERT PROGRAM FUNDING AMOUNT] and in no instance shall any enforcement of any kind whatsoever be allowed against any assets of [INSERT TRIBE] other than the [INSERT PROGRAM FUNDING AMOUNT], revenues from the Project, and the real property on which the Project is located;
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
G. [ INSERT TRIBE] represents and warrants its limited waiver of sovereign immunity is valid and binding and is in compliance with all applicable law, including the laws of [INSERT TRIBE], and that all approvals, required under said laws, including procedural requirements, to effectuate said waiver have been duly issued and no other approvals or actions of [INSERT TRIBE] is required. [INSERT] further represents and warrants that the remedies set forth in this Agreement allowed by or pledged against its limited waiver of sovereign immunity are allowed by, and in compliance with, the laws of [INSERT TRIBE].
33. J urisdiction and Venue
Except as otherwise expressly provided in this Agreement, the parties intend that any cause of actions to enforce, construe, and determine any disputes or claims regarding this Agreement as well as any default, breach of contract, injunctive relief, or specific performance remedies, regarding the Property, to be brought and prosecuted to completion as described below:
A. [ INSERT TRIBE] hereby consents to the jurisdiction of the [INSERT COURT:
TRIBAL/FEDERAL/STATE] courts, to the extent they have jurisdiction, over all subject matters described herein, including but not limited to any breach of contract action brought by any of the parties to enforce the terms of this Agreement, or any other appropriate action brought by any of the parties to prosecute any other rights available to the parties hereto arising under or related to the Agreement.
B. [ INSERT] acknowledges that such consent is given without in any way limiting its other rights and remedies, and the Department shall be entitled in the [INSERT COURT] courts where appropriate, to pursue, among other things, specific performance, declaratory judgment, injunctive relief (mandatory or prohibitive), mandamus (or a remedy in the nature of mandamus) to prevent or stop violations of any covenants and other provisions hereof, actual and direct damages, receiverships, or to generally protect the Property and the rights and interests of any tenants or occupants thereof or the Department's interests therein.
C. Any right, power, or principle requiring deferral to or exhaustion of remedies in [INSERT] courts to the extent they have jurisdiction or other governmental body of the [INSERT TRIBE] or federal government, is hereby waived and deemed satisfied by [INSERT TRIBE], and [INSERT TRIBE] and the Department shall not assert the same in [INSERT COURT] court to the extent they have jurisdiction, as a bar or abatement to the claims of the other.
City of Lancaster
23-CALHOME-18023
EXHIBIT D
HOSN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
D. [ INSERT TRIBE] agrees that any judicial action, suit, or counterclaim initiated by [INSERT TRIBE] against the Department will be in either, [INSERT COURT] courts to the extent they have jurisdiction, over all subject matters described herein, unless otherwise required by federal Indian law. Such waiver is limited to the rights, remedies, default, and enforceability of the provisions of this Agreement, and transfer or assignment of [INSERT TRIBE] interest in the [INSERT DOCUMENT TITLE].
City of Lancaster
23-CALHOME-18023
EXHIBIT E
HO
SN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1. Budget Detail
A. R
ecipient has been awarded the following grant or loan activity amounts:
ACTIVITY AMOUNT:
Homeownership Development Project Loans $0
Self-Help Technical Assistance Grant Program $0
Mortgage Assistance Grant Program $0
Owner Occupied Rehabilitation Grant Program $5,000,000
Shared Housing Program $0
ADU/JADU Program $0
TOTAL: $5,000,000
B. T
he approved Development budget and Project Sources and uses are:
1) Development Budget (applies only to Homeownership Development Projects):
N/
A
2) Project Sources and Uses (applies only to Homeownership Development Projects):
N/
A
2. Term of Agreement and Deadlines
A. P
rogram funds must be expended no later than 36 months from executed Standard Agreement.
B. A
ll un-expended funds remaining as of 36 months from executed Standard Agreement may be disencumbered by the Department.
City of Lancaster
23-CALHOME-18023
EXHIBIT E
HO
SN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
C. A
ll invoices for payment must be submitted to the Department no later than 38 months from executed Standard Agreement.
D. Homeownership Development Projects:
1) T
he Recipient shall draw down CalHome program funds or begin onsite construction within 22 months of this executed Standard Agreement date.
If this goal is not met the Department may, in its sole discretion, disencumber all funds and cancel the Department commitment to the project.
2) U
nit construction must be completed, and MA loans closed within 60 months of the Standard Agreement execution date. If the projected number of assisted units has not been achieved by the end of the 60th m
onth, the Recipient’s next application for funding under the CalHome Program may receive a penalty deduction in the total points awarded under a future NOFA.
E. Homeownership Development Projects with Self-Help Technical Assistance Grants.
1) T
he Recipient shall begin onsite construction within 12 months of the executed Standard Agreement date. If this goal is not met the Department may, in its sole discretion, disencumber all funds and cancel the Department commitment to the project.
2) U
nit construction shall be completed within 36 months of the executed Standard Agreement date by the Department. If this goal is not met, then:
3) T
he Department may, in its sole discretion, disencumber remaining unused funds. If the projected number of Assisted Units has not been completed by the end of the 36th month from the executed Standard Agreement date, the Recipient’s next application for funding under the CalHome program may receive a penalty deduction in the total points awarded, in accordance with the Department’s Negative Points Policy located on the Department’s website.
3. Special Conditions
T
he following Special Conditions are applicable to this Standard Agreement and shall control notwithstanding anything contrary herein:
City of Lancaster
23-CALHOME-18023
EXHIBIT E
HO
SN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
A. A
s a condition precedent to this Agreement and not less than 30 days prior to execution of this Agreement, Recipient shall provide to the Department an executed agreement by and between Recipient and any administrative subcontractors (as hereinafter defined), which shall be acceptable to the Department, in its sole and absolute discretion. The term administrative subcontractor shall have the meaning defined in Guidelines Appendix A.
B. Th
e authorized Payee(s) is/are as specified below:
Name: City of Lancaster Amount: $5,000,000
C. For those awards made under a special set aside within this NOFA, the Recipient shall provide to the Department evidence in the annual progress report of the use of those funds as intended pursuant to the NOFA and Guidelines.
Target Category Amount Awarded # of Units to be Assisted Manufactured Homes $5,000,000 30
D. T
o the extent applicable, no funds will be disbursed until the Bureau of Indian Affairs (BIA) has issued any and all approvals as may be required with respect to a tribal housing project located on land held in trust by the BIA, such as approvals for any residential lease, lease rider, and/or declaration of restrictive covenant required by the Department.
E. N
o funds may be disbursed until the Department is in receipt of the BIA approved Ground Lease as discussed in Section 3(E) of Exhibit D.
F. T
he Project is subject to AB 1010 and the Department has permitted the following waiver of the state CalHome Program requirements:
G. T
he parties hereby acknowledge that state and/or local civil regulatory laws may not apply, in whole or in part, to projects located within “Indian County” (as this phrase is defined in Guidelines Appendix A), and that therefore, the following terms, provisions, and conditions set forth in “Exhibit C” titled, “State of California General Terms and Conditions, GTC – 04/2017” (“Exhibit C”) as it appears on the STD. 213 and referencing 04/2017 GTC, may not be enforceable against the Tribal Entity Recipient if the project is located within Indian Country: (a) Section 3 (Assignment), (b) Section 5 (Indemnification), (c) Section 6 (Disputes), (d) City of Lancaster
23-CALHOME-18023
EXHIBIT E
HO
SN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
Section 9 (Recycling), (e) Section 10 (Non-Discrimination), (f) Section 11 (Certification Clauses), (g) Section 14 (Governing Law), (h) Section 15 (Anti- Trust Claims), (i) Section 16 (Child Support Enforcement), (j) Section 18 (Priority Hiring of vacancies through CalWorks), (k) Section 19 (Small Business Reporting), and (l) Section 20 (Loss Leader Statute B&B 17030).
H.
All CalHome Program funds awarded to Borrower pursuant to this Agreement must be used in a manner which complies with the requirements of the CalHome Program, including, but not limited to, the requirements of 2022 CalHome Program Final Guidelines Section 202.
I. N
either the Recipient or the Borrower, or any constituent member thereof, may be listed on any HUD debarment or suspension list, including the list contained in the Excluded Parties Listing System (https://sam.gov/SAM/).
J. T
he Department reserves the right, in its sole and absolute discretion, to impose additional special conditions or to modify any existing special conditions for this project.
K. P
ursuant to 2022 CalHome Program Guidelines Section 402.2, the CalHome funds awarded shall be used on eligible costs.
L. R
ecipient will comply with the minimum and maximum per-unit funding limits as set forth set forth in Section II(c)(2)(A), Section II(f)(1), and Section II(f)(2) of the 2023 Homeownership Super Notice of Funding Availability, CalHome Program and Joe Serna Jr. Farmworker Housing Grant Program.
M. F
or those recipients that indicated their program or project will contribute toward Community Revitalization (as defined in Appendix A of the Guidelines), or is limited to high/highest resources areas (as identified on the TCAC/Department Opportunity Area Map), the Recipient shall provide to the Department evidence in the annual progress report that their program or project is taking place in one of the aforementioned areas as intended.
City of Lancaster
23-CALHOME-18023
EXHIBIT E
HO
SN-CalHome 2023
NOFA Date: 01/06/2023
Approval Date: 10/04/2023
Prep. Date: 01/12/2024
Activity contributing to
Community Revitalization
Amount Awarded # of Units to be Assisted
OOR for Manufactured Homes $5,000,000 30