AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES
SUBRECIPIENT AGREEMENT
Entrada Project
Sustainable Transportation Infrastructure and Transit-Related Amenities This Affordable Housing and Sustainable Communities Subrecipient Agreement ("Agreement ") is executed on this __ day of ____ , 2023 ("Effective Date"), by and between the CITY OF RNERSIDE , California charter city and municipal corporation ("City"), and WAKELAND HOUSING AND DEVELOPMENT CORPORATION, a California non-profit corporation ("Wakeland Corp."). The City and Wakeland Corp. may be refen-ed to individually as a "Party" or collectively as the "Parties ."
RECITALS
A. The State of California , the Strategic Growth Council ("SGC") , and the Department of Housing and Community Development ("Department") issued a Notice of Funding Availability dated November 1, 2019 ("NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC") Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200.
B. Wakeland Entrada LP, a California limited partnership ("Developer"), is in the process of developing a mixed-use project at 17 4 7, 1719, 17 53 and 1761 Seventh Street in the City of Riverside, consisting of approximately eight hundred (800) square feet of community benefits space and a multifamily , affordable housing development of approximately sixty-five (65) units ("the Entrada Project").
C. On or about January 21, 2020 , the City and Wakeland Corp. applied for a AHSC grant for funding for the Entrada Project and for associated Sustainable Transportation Improvement ("STI") and Transit-Related Amenities ("TRA") projects to support the Entrada Project.
D. The City and Wakeland Corp. jointly submitted an application for a grant pursuant to Round 5 of the AHSC Program, for a total amount not to exceed Thirty Million Dollars ($30,000,000) , of which Fifteen Million Dollars ($15,000,000) was requested as a loan for an Affordable Housing Development ("AHSC Loan") and Fifteen Million Dollars ($15,000,000) was requested for a grant for Housing-Related Infrastrncture, Sustainable Transportation Infrastructure, Transit-Related Amenities or Program activities ("AHSC Grant"), as defined in the AHSC Program Guidelines.
E. On or about August 7, 2020 , HCD awarded a AHSC Grant in the amount of Nine Million One Hundred Seventeen Thousand Nine Hundred and Fifty-Two Dollars ($9,117 ,952) ("Master Grant") to the City and Wakeland Corp . under the AHSC Program, with the following amounts as set fmih below. On or about Febrnary 1, 2022, the City and Wakeland Corp. executed a AHSC Co-Applicant Agreement documenting such grant funds :
Wakeland Corp. (Housing-Related Infrastructure)
City (Sustainable Transportation Infrastructure)
City (Transit-Related Amenity Projects)
Wakeland Corp. (Housing and Programs)
$3,235,000.00
$4,126,495.00
$1,003,857.00
$ 752,600 .00
F. On or about April 6, 2022, the City , Wakeland Corp. and HCD entered into Standard Agreement 20-AHSC-14692. Copies of the Standard Agreement 20-AHSC-14692 and the AHSC Co -Applicant Agreement are attached hereto as Exhibits A and B and incorporated herein by this reference ( collectively , the "AHSC Grant Agreements") .
G. After receiving the Master Grant, the City agreed to provide a subgrant to Wakeland Corp. for disbursement to Riverside Transit Authority ("RTA") in an amount not to exceed $1 ,500,000 for Sustainable Transportation Infrastructure and $453 ,826 for Transportation Related Amenities ("Subgrant") all related to or to be used for improvements related to the Entrada Project that include expansion /construction of the Vine Street Mobility Hub , improvements to three bus stops on Chicago /University , rider /driver amenities, and urban greening components .
H. On or about February 10, 2020 , Wakeland Corp. and RTA entered into an AHSC Implementation and Cooperation Agreement for disbursement and use of the Subgrant funds and for the identified purposes referenced herein.
I. The City and Wakeland Corp . now wish to enter into this Agreement to facilitate the distribution of the Subgrant , to define Wakeland Corp. ' s role and responsibilities with respect to the Subgrant-funded activities, and to expressly bind Wakeland Corp . to applicable provisions of the AHSC Standard Agreement, which is necessary to ensure the ability of the City to comply with its obligations to HCD.
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Defined Terms. Capitalized terms used in this Agreement and not otherwise defined herein have the meanings as set forth in the Standard Agreement 20-AHSC-14692.
3. Incorporation of Documents . Standard Agreement 20-AHSC-14692, and all the attachments to the Standard Agreement 20-AHSC-14692are attached hereto as Exhibit "A" and incorporated by reference into this Agreement as though set forth in full in this Agreement (" Incorporated Documents").
4. Order of Precedence. The performance of this Agreement must be conducted in accordance with the following order of precedence , except as otherwise expressly provided in this Agreement or the Standard Agreement 20-AHSC-14692: first , the enabling legislation for the AHSC Program ; then the Standard Agreement 20-AHS C-14692; then this Agreement. 2 5. Term. The term of this Agreement begins on the date first set forth above and remains in effect for the duration of the Standard Agreement 20-AHSC-14692 , including any amendments thereto ("Term "), unless terminated earlier as provided herein.
6. Subgrant. The City shall pay Wakeland Corp . for the purposes of disbursement to RTA a grant amount not to exceed $1 ,500 ,000 for Sustainable Transportation Infrastructure and $453 ,826 for Transportation-Related Amenities ("Subgrant ") all related to or to be used for improvements related to the Entrada Project as set forth in the RTA Entrada STI and TRA Scope of Work described in Exhibit "C, " attached hereto and incorporated herein , and in accordance with the RT A Entrada STI and TRA Project Budget, attached hereto and incorporated herein as Exhibit "D".
7. Time of the Essence. With regards to all dates and time periods set forth or referred to in this Agreement , time is of the essence.
8. Notices. Any notices provided for, or required , to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
giy
City of Riverside
Housing Authority
Attn: Michelle Davis
3900 Main Street
Riverside , CA 92522
Wakeland Corp .
Wakeland Housing & Development Corp.
Attn: Kenneth L. Sauder
1230 Columbia Street , Suite 590
San Diego, CA 9210 l
9. Availability of Funds . The City 's allocation offunding to Wakeland Corp. pursuant to this Agreement is contingent upon the availability of Master Grant funds to the City , as referenced in the Recitals of this Agreement. As such, this Agreement is subject to any restriction , limitation , or condition enacted by the State , which may affect the provisions , terms , or funding of this Agreement in any manner. In the event of funding reduction , Wakeland Corp .'s Budget may be reduced as a whole or as to cost category , and Wakeland Corp . 's authority to commit and spend funds may be limited , and Wakeland Corp.'s use of both its uncommitted and unspent funds may be restricted . Any such change shall be reflected by written amendment to this Agreement pursuant to Section 13. Notwithstanding the foregoing , the City may also terminate this Agreement pursuant to Section 14 of this Agreement.
10. Independent Party/Not an Agent of the City or State. In the performance of this Agreement, Wakeland Corp. and Wakeland Corp. 's employees , subcontractors , and agents shall act in an independent capacity as independent contractors , and not as officers or employees of the City or the State. Wakeland Corp. acknowledges and agrees that neither the City nor the State has any obligation to pay or withhold state or federal taxes or to provide workers ' compensation or unemployment insurance to Wakeland Corp. , or to Wakeland Corp. 's employees , subcontractors and agents. This Agreement shall not under any circumstances be construed or considered to create 3 an employer-employee relationship or a joint venture. Wakeland Corp. shall be responsible for any and all taxes that apply to Wakeland Corp. as an employer.
Wakeland Corp. shall determine the method, details , and means by which it operates the Wakeland Corp. Project. Wakeland Corp. shal l be responsible to the City and the State only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to the City's control or the State ' s control with respect to the physical action or activities of Wakeland Corp . in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Wakeland Corp ., such persons shall be entirely and exclusively under the direction, supervision, and control of Wakeland Corp.
All terms of employment, including hours, wages, working conditions , discipline, hiring, and discharging or any other term of employment or requirements of law shall be determined by Wakeland Corp.
11 . Indemnification. Wakeland Corp. and the City agree to indemnify, defend (with counsel approved by the State), and hold harmless the State, each other, and the State and each other's employees, officers, or agents, from and against any and all claims, injury, damages, liability , loss, or attorney's fees arising out of or in connection with the subject matter or terms of performance of this Agreement or the Standard Agreement 20-AHSC-14692, and from any suit , proceeding, or challenge against the State, each other, or the State or each other's employees, officers, or agents , by a third party alleging that, by virtue of the terms of this Agreement or the Standard Agreement 20-AHSC-14692, the State, each other, or the State or each other's employees, officers or agents have done any wrongful act or breached any representation, whether based on a claim in contract, tort or otherwise, excepting each Party's own gross negligence and intentional misconduct. The provisions of this Section are in addition to, and not in lieu of, any such obligations set forth in the Standard Agreement 20-AHSC-14692. In the event the City and Wakeland Corp. are found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under this Agreement, each Party shall indemnify the other to the extent of its own comparative fault.
12. Insurance. Prior to the execution of this Agreement, Wakeland Corp., as a governmental organization, shall provide evidence to the City of sufficient self-insurance to satisfy any insurance requirements set forth in the Standard Agreement 20-AHSC-14692.
13. Amendments/Modifications. This Agreement may only be amended or modified in writing by mutual agreement between the City and Wakeland Corp. Any requests by Wakeland Corp. for modifications or amendments (as may defined in the Standard Agreement 20-AHSC- 14692) oforto this Agreement shall be submitted in writing to the City. Any such request is subject to the requirements applicable to City as "Grantee" under the Standard Agreement 20-AHSC- 14692. If a request requires a change to the Standard Agreement 20-AHSC-l 4692and the requested amendment or modification is allowable under the Standard Agreement 20-AHSC- 14692, the City shall consider such request and, in its sole discretion , the City may submit the request to the State.
4 14. Termination.
14. l For Cause. The City may terminate this Agreement upon ten (10) days ' written notice if Wakeland Corp . materially fails to comply with any terms of this Agreement, including but not limited to:
A. Failure to comply with any of the rules , regulations or provisions referred to herein, or such statutes, regulations , executive orders , and policies or directives as may become applicable at any time , including the AHSC Guidelines;
8. Failure , for any reason , to fulfill in a timely and proper manner its obligations under this Agreement;
C. Improper use of the Sub grant provided under this Agreement; and
D. Submission of reports that are incorrect or incomplete in any material respect.
14.2 Availability of Funding. Should funding change pursuant to Section 9 of this Agreement , the City may terminate this Agreement upon three (3) days' written notice to Wakeland Corp.
14.3 Without Cause. Notwithstanding any other provision of this Agreement , this Agreement may be terminated for convenience by either Party , upon thirty (30) days' written notice to the other Party.
14.4 Costs Following Termination. Costs of Wakeland Corp. resulting from obligations incurred by Wakeland Corp. after termination of this Agreement are not allowable unless the City expressly authorizes them.
15. Data Privacy. Wakeland Corp. shall implement and maintain reasonable security procedures and practices with respect to any personal identifying information disclosed to Wakeland Corp . in the course of performing this Agreement. Wakeland Corp . shall notify the City within twenty-four (24) hours of Wakeland Corp .' s determination that a security breach has occurred with regards to any personal information disclosed to Wakeland Corp. in the course of performing the Agreement and shall conduct such investigation and provide such notice as required by law in the event of such breach.
16. Program Records. Wakeland Corp. shall maintain financial, programmatic , statistical and other supporting records of its operations and financial activities , including but not °limited to, documentation of all Subgrant funds received from the City or other sources to operate the Wakeland Corp. Project , documentation of expenses identified in the Budget , and any other related records as City may require from time to time. Such records shall be retained for a period 5 of four ( 4) years after the Performance Period , as defined in the Standard Agreement 20-AHSC- 14692 , unless a longer period of records retention is stipulated.
17. Nondiscrimination. During Wakeland Corp.'s performance of this Agreement , Wakeland Corp . shall not discriminate on the grounds of race, religious creed , color , national origin , ancestry , age , physical disability , mental disability , medical condition , including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto , marital status, sex , genetic information , gender , gender identity , gender expression , or sexual orientation , military and veteran status , in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further , Wakeland Corp. agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
18. Authorized Signatories.
18.1 City. The City of Riverside 's City Manager , or his designee , is authorized to sign this Agreement and related documents on behalf of the City. The City 's day-to-day point of contact is the City ' s Housing Authority Manager ("City Representative ") unless otherwise provided by the City in writing once this Agreement is executed.
18.2 Wakeland Corp. Before or concurrently with its execution of this Agreement, Wakeland Corp. shall submit documentation to the City that identifies the individual who is authorized to sign this Agreement and the Wakeland Corp. Project deliverables and related documents on behalf of Wakeland Corp. ("Authorized Signatory ". The documentation shall also identify any additional authorized designees ("Authorized Designees" ) as well as Wakeland Corp .' s day-to-day grant manager , i.e., the person who has ultimate review and approval authority for all Wakeland Corp. Project-related invoices and billing ("Grant Manager "). Wakeland Corp. shall keep such documentation current and submit changes through email to the City Representative, as needed .
19. Compliance with Incorporated Documents. Wakeland Corp. shall comply with all applicable provisions of the Incorporated Documents. In complying with its obligations under the Incorporated Documents , Wakeland Corp. shall comply with all applicable terms and conditions binding on the "Grantee " or, where referenced , " Partners " under the Incorporated Documents.
20. Responsibility; Standard of Care.
20.1 Wakeland Corp. shall manage , monitor , and accept responsibility for the performance of its own staff, agents , and subcontractors, and shall conduct Wakeland Corp. Project activities and services consistently with professional standards for the industry and type of work being performed under this Agreement.
6 20.2 Wakeland Corp. shall notify the City if it or its subcontractors are revoked , disbarred , suspended , proposed for disbarment , declared ineligible , or voluntarily excluded from the Wakeland Corp . Project. No contract or subcontract can relieve Wakeland Corp. of its responsibilities and obligations under the terms of this Agreement. Wakeland Corp. agrees to be fully responsible to the City and the State for the acts and omissions of Wakeland Corp. , its subcontractors , and of all persons either directly or indirectly employed by them.
21. Project Readiness.
21.1 Wakeland Corp . shall timely achieve readiness related to the Wakeland Corp. Project , in accordance with the Incorporated Documents , including , but not limited to, the schedules set forth in the Standard Agreement 20-AHSC-14692.
21.2 Wakeland Corp. shall not proceed with reimbursable Wakeland Corp.
Project work until the City provides Wakeland Corp . with written notice to proceed or as otherwise described in the Standard Agreement 20-AHSC-14692 .
22. Reporting Requirements .
22.1 Wakeland Corp. shall track required information and provide all documents, progress reports, invoices , and other submissions to the City in accordance with the requirements of the Incorporated Documents.
22.2 The format must be in accordance with the requirements that are set forth in the Standard Agreement 20-AHSC-14692 , and any applicable exhibits thereto , or in a similar format as requested by the City.
22.3 Wakeland Corp. shall submit such documentation in a timely manner as specified in this Agreement, or upon request by the City , to allow the City to comply with its obligations to the State under the Standard Agreement 20-AHSC-14692 .
23. Costs.
23.1 Wakeland Corp. shall ensure that invoices submitted by Wakeland Corp. to the City comply with the eligible cost requirements and are accompanied by adequate documentation , as detailed in the Standard Agreement 20-AHSC-14692. Invoices and accompanying documentation are hereinafter referred to as "Invoice Packages. "
23.2 Wakeland Corp . shall not submit Invoice Packages to the City for any ineligible costs , as described in the Standard Agreement 20-AHSC-14692. 7 24. Billing .
24.1 For all Invoice Packages , Wakeland Corp . shall utilize any invoice templates provided or referenced in the Standard Agreement 20-AHSC-14692 , or such other similar forms approved or requested by the City. Wakeland Corp .' s Invoice Packages shall conform to all requirements as detailed in the Standard Agreement 20-AHSC-14692 , except as otherwise specified by the City.
24.2 Wakeland Corp. shall submit Invoice Packages within fifteen (15) calendar days before the due date of any reporting period as shown in the Standard Agreement 20-AHSC- 14692. If Wakeland Corp. fails to submit an Invoice Package by this date, Wakeland Corp. shall wait to submit it in the next reporting period.
24.3 The City will not process payment of an Invoice Package until funds are received from the State. If the State does not provide funds to the City , the City is under no obligation to pay the Invoice Package. Upon receipt of funds from the State, the City will process and pay outstanding invoices within thirty (30) days.
25. Repayment of Funds. If funds are not expended or have not been expended in accordance with this Agreement and the Incorporated Documents , or if real or personal property that is acquired with Subgrant funds is not being used or has not been used in accordance with the Agreement and the Incorporated Documents, the City or the State may take appropriate action under this Agreement , at law or in equity , including but not limited to either or both of the following :
25.1 Requiring Wakeland Corp. to forfeit any unexpended portion of the Subgrant.
25.2 Requiring Wakeland Corp . to repay any funds improperly expended or paid to Wakeland Corp.
26. Project-Specific Requirements .
26.1 Among its other obligations under this Agreement , Wakeland Corp. shall comply with every provision in the Implementation Grant Agreement that relates to the Wakeland Corp . Project (each such provision , a " Project-Specific Requirement ").
26.2 Each obligation of "Grantee" under a Project-Specific Requirement is an obligation of Wakeland Corp. , except as otherwise set forth in this Agreement. As between Wakeland Corp. and the City , any reference to or any right of the State as set forth in a Project Specific Requirement applies to the City and may be enforced by the City on its own behalf or an on behalf of, or at the direction of, the State. A reference in a Project-Specific Requirement to the "Grant Agreement " is deemed to refer to this Agreement for purposes of this section. 8 27. Monitoring and Oversight.
27.1 The City and the State , or their designated representatives, each has the right to visit the Wakeland Corp. Project site and to complete inspections in accordance with the Standard Agreement 20-AHSC-14692.
27.2 Wakeland Corp. shall make the Grant Manager available for any meetings with the City and the State, as may be requested.
28. Recordkeeping .
28.1 Wakeland Corp. shall comply with the recordkeeping requirements set forth in the Standard Agreement 20-AHSC-14692.
28.2 Wakeland Corp. shall provide evidence to the City , upon request , of its recordkeeping practices and procedures , and shall provide the City with access to any record required to be maintained in accordance with the Standard Agreement 20-AHSC-14692.
29. Public Records Act; Publicly.
29.1 Wakeland Corp. recognizes that documents and other records produced in performance of this Agreement, as detailed in the Standard Agreement 20-AHSC-14692, may be subject to disclosure under the Public Records Act.
29.2 Wakeland Corp. shall not utilize any such materials for any profit-making venture or sell or grant rights to a third party who intends to do so.
29.3 The City and the State have the right to use any document, record, or data described in this Section for any public purpose.
29.4 Wakeland Corp. shall comply with all requirements of the Standard Agreement 20-AHSC-14692the same as if Wakeland Corp. were the Grantee under that Agreement. Furthermore , Wakeland Corp. shall submit copies of all publicity materials that may reference to the Wakeland Corp. Project (including but not limited to signage , flyers , pamphlets , website, emails, etc.) to the City's City Manager (or his or her designee) for prior approval, at the City Manager's sole and absolute discretion. Wakeland Corp. may not publish any project-related publicity material without the City Manager's prior approval.
30. Audit and Record Retention.
30.1 Wakeland Corp. shall maintain all records for possible audit , as set forth in Section 24 of the Standard Agreement 20-AHSC-14692.
9 30.2 The City and the State , or their designated representatives, each has the right during normal business hours to review and copy any record and supporting documentation pertaining to the performance of this Agreement and to interview any employee who might reasonably have information related to such records.
30.3 Wakeland Corp. and its subcontractors shall maintain copies of Wakeland Corp . Project records for at least four (4) years after the Performance Period ends. If a longer period ofrecords retention is stipulated to by the City or the State, and Wakeland Corp. has notice of the longer retention period , it and its subcontractors shall maintain project records for the longer retention period.
30.4 The City and the State each have the right to conduct an audit each year during the term of this Agreement and up to four (4) years after the Performance Period.
30.5 The City and the State each may require recovery of payment from Wakeland Corp. , issue a Stop Work Order, or terminate this Agreement, as warranted, based on an audit finding, or avail itself of any other proper remedy available in law or equity.
31. Compliance.
31.1 Wakeland Corp. shall comply with all applicable federal, state, and local laws, ordinances , regulations, plans, and design standards. Wakeland Corp. shall secure and maintain all permits or licenses required by authorities having jurisdiction over the Wakeland Corp. Project area. Wakeland Corp. shall comply with applicable requirements of the California Environmental Quality Act as it relates to County's obligations under this Agreement. County shall promptly provide evidence of compliance upon request by the City .
31.2 Wakeland Corp. represents and warrants that it is not and will not become:
(A) In violation of any order or resolution subject to review promulgated by California Air Resources Board or an air pollution control district;
(B) Subject to a cease-and-desist order subject to review issued pursuant to Section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or
(C) Determined to be in violation of provisions of federal law relating to air and water pollution.
31.3 Wakeland Corp. shall ensure that its Subcontractors comply with all terms in this Section with respect to the Wakeland Corp . Project.
32. Third-Party Rights. Nothing in this Agreement gives any right or benefit to any entity other than the City and the State.
33. Entire Agreement. This Agreement with its exhibits, and the Incorporated Documents, represents the entire understanding of the City and Wakeland Corp. as to those matters contained herein and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered.
34. Counterparts. This Agreement may be signed by the Parties hereto in counterparts , each of which shall be an original but all of which together shall constitute one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile or electronic transmission, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as though such facsimile or electronic signature page were on original thereof.
35. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit "A" - Standard Agreement 20-AHSC-14692
Exhibit "B" - AHSC Co-Applicant Agreement
Exhibit "C" -RTA Entrada STI and TRA Budget
Exhibit " D" -- RTA Entrada STI and TRA Budget
[SIGNATURES ON FOLLOWING PAGE.]
11 IN WITNESS WHEREOF , Parties have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE,
a California charter city and municipal
corporation
By: ____________ _
City Manager
ATTESTED TO:
By: ___________ _
City Clerk
CERTIFIED AS TO AVAILABILITY OF FUNDS:
By:______jj!,,~~ ,- c.=.......LJCi~c~
Chief Financial Officer
APPROVED AS TO FORM :
By: ~~ ~
Assistant City Attorney
19-1588.1 SDW 5/09/23
\\Rc-citylaw\cycom \ WPDOCS \D002\P034\00705311. DOCX
12 WAKELAND HOUSING AND
DEVELOPMENT CORPORATION , a
California non-profit corporation
By: ~
Print Name: R-eJoR.CC-Ol lmM t.,
Title: P<t..~iol.tnt~ CEO
(Signature of B~ hair , President , or
Vice President)
and
(Signature of Secretary, Assistant
Secretary, CFO, Treasurer , or Assistant
Treasurer)
EXHIBIT "A"
AHSC Standard Agreement 20-AHSC-14692
STATE OF CA LIFORNIA - DEPARTMENT OF GENERAL
SERVICES
SCO ID:
STANDARD AGREEMENT
STD 213 (Rev 0 4/2020)
AGREEMENT NUMBER
20-AHSC-14692
PURCHASING AUTHORITY NUMBER (if applicable)
1 This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Riverside , and Wakeland Hous ing and Development Corporation 2 The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
06/30/2041
3. The maximum amount of this Agreement is:
$9,117,952 .00
4 The parties agree to comply with the terms and conditions of the following exhibits. which are by this reference made a part of the Agreement.
EXHIBITS
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
TITLE
Exhibit c· State of California General Terms and Conditions Exhibit D AHSC Program Terms and Conditions
Exhibit E Special Conditions
TOTAL NUMBER OF PAGES ATTACHED
Items shown with an asterisk("). are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at
IN WITNESS WHEREOF , THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO .
CONTRACTOR
CONTRACTOR NAME (if other than an individual . state whether a corporation . partnership .etc .) See Attached
CONTRACTOR BUSINESS ADDRESS
See Attached
PRINTED NAME OF PERSON SIGNING
See Attached
CONTRACTOR AUTHORIZED SIGNATURE
See Attached
CONTRACTING AGENCY NAME
Department of Hous ing and Community Deve lopme nt
CONTRACTING AGENCY ADDRESS
2020 W El Camino Ave .. Suite 130
CITY
See Attached
STATE OF CALIFORNIA
CITY
Sacramento
STATE
See Attached
TITLE
DATE SIGNED
See Attached
STATE
CA
TITLE
Contracts Manager ,
PAGES
11 9
GTC - 04/2017
17 1
38 ZIP
See Attached
ZIP
95833
PRINTED NAME OF PERSON SIGNING
Michael White Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
~WltdL 4/6/2022
Cali fornia Department of General Services Approval (or exemption . if applicable ) Exem pt per; SCM Vo l. 1 4.04.A.3 (DGS memo dated 06/12/1981 )
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev 06/03)
CONTRACTOR
City Manager, City of Riverside
Address :
3900 Main Street
Riverside , CA 92522
Wakeland Housing and Development Corporation
a California nonprofit public benefit corporation
By: ------------
Kenneth L Sauder
President and Chief Executive Officer
Address :
1230 Columbia Street, Suite 950
San Diego, CA 92101
Prep Date 03/07/2022
Date: 71 '!'> i / Z'l.,
Date:
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
CERTIFIED AS TO FUNDS AVAILABILITY :
BY 1~ /fi:k' ASSiSTANTCl'EF f!NAN.Cl8b 0f/lCER APf'ROVf - TO FORM l~
DEf>UTYOTYATTORNEY
--------
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213 (Rev. 06/03)
CONTRACTOR
City of Riverside
a municipal corporation , corporate and politic
By: ------------
Al Zelinka
City Manager, City of Riverside
Address:
3900 Main Street
Riverside, CA 92522
Wakeland Housing and Development Corporation
a Calif:?: nonprofilfl,l9lic ~ nefi corporation
By: ~ ..I!,{/'\,~ ,}-__
Kenneth L Sauder
President and Chief Executive Officer
Address:
1230 Columbia Street, Suite 950
San Diego, CA 92101
Prep Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
Date: _______ _
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
This Standard Agreement, STD 213, (hereinafter "Agreement ") is the result of the Recipient's application ("Application ") for funding under the Affordable Housing and Sustainable Communities ("AHSC ") Program ("Program ") pursuant to:
A. Part 1 of Division 44 of the Public Resources Code (commencing with Section 75200);
B. The Program Guidelines dated October 31, 2019 ("Guidelines"), issued by the State of California, Strategic Growth Council ("SGC") and as may be amended from time to time; and
C. The Program's Notice of Funding Availability ("NOFA") issued by the Department Housing and Community Development ("Department " or "HCD"), is dated November 1, 2019.
The Application , and the Project Report dated 6/25/2020 (the "Project Report") including all representations made therein, are hereby incorporated in this Agreement by this reference .
The Guidelines and the NOFA are available on the Program Web site at:
http://sgc.ca .gov/programs/ahsc/docs/20191209-FINAL AHSC Round 5 FY18- 19 Guidelines Amended 12.9.19.pdf
By entering into this Agreement and thereby accepting the award of Program grant funds ("Grant "), the Recipient agrees to comply with applicable statutory law, Guidelines , the NOFA , and this Agreement , to abide by the representations made in the Application, and the terms and conditions of the Disbursement Agreement, which is more particularly described in Exhibit B, attached hereto.
2. Definitions
Capitalized terms herein shall have the meaning of the definitions set forth in the Guidel ines, and page 1 of this Exhibit A, in addition:
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date : 11/01/2019
Approved Date : 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
"Affordable Housing Development" refers to the residential rental Affordable Housing Development described in the Application providing the affordable housing units, as described therein, in consideration of that portion of the Grant. The Affordable Housing Development shall meet all the criteria for an eligible project as set forth Section 103(a)(1) of the Guidelines .
"Recipient" refers to the entity or entities submitting an application or to a related entity approved by the Department entering into this Agreement and identified as "Contractor" on page 1 to this Agreement {STD 213). In the case of joint applicants , "Recipient" shall also refer to each applicant or the Department-approved assignee of such applicant.
Each joint applicant shall be jointly and severally liable for all obligations of a Recipient as set forth herein.
Any reference to a specific "Section" or "section" of the Guidelines shall initially refer to that specific numbered section of the Guidelines adopted on and dated October 29, 2019. Notwithstanding, if and when the Department amends any portion of the Guidelines, all references herein to any such portion of the Guidelines shall be deemed to refer to the updated version of the Guidelines, either in whole or in part, as may be applicable. To the extent that any Guidelines section or sections (Section or Sections) provision is or are amended, and thereafter receive(s) a new Guidelines section number(s) , any reference herein to the old Guidelines section(s) number(s) shall be interpreted to refer instead to the Guidelines section(s) that is (or are) intended to replace the content and substance of the former Guidelines section(s) .
3. Scope of Work
The Scope of Work ("Work") for this Agreement shall consist of one or more of the following categor ies, by or on behalf of the Recipient, within the Program Project Area as detailed in this Exhibit A and the Project Report:
Included Grant Award Categories
("x")
X Housinq-Related Infrastructure (HRI)
X Program Costs (PGM)
X Sustainable Transportation Infrastructure (STI)
X Transportation-Related Amenities (TRA)
The Department , the Recipient and other parties as required by the Department shall enter into a Disbursement Agreement governing among other things the disbursement of Program funds as more particularly described in Exhibit B hereto.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
At the request of the Department, Recipient shall provide further and additional evidence sufficient to demonstrate the existence and/or completion of the items listed in the Project Report for which the Recipient's Application received points. Failure to provide such evidence to the reasonable satisfaction of the Department may result in a reevaluation of the Application and the reductions or cancellation of the amount of the grant award, require repayments of any disbursed Program funds and the disencumbrance of Program funds awarded .
Location of Housing Entrada
Development (APN, 1705-1761 7th Street, Riverside, CA 92507 address, parcel map, Riverside County
specific plan or similar
reference) City and County APN: 211-181-019, 211-181-020, 211-181-021, 211- 181-022, 211-181-024, 211-181-025, and 211-181-026
Enter the number of units by bedroom size and income level.
AHSC
Assisted
# of # of Project Units* Income Limit
Bedrooms Units (Affordable (% of AMI)
Housing
Development)
1 5 2 30%
1 8 2 50%
1 2 2 60%
2 5 2 30%
2 12 2 50%
2 2 2 60%
2 1 0 Manager
3 3 2 30%
3 18 2 50%
3 9 1 60%
Total 65 17
Project
Units
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date : 08/07/2020
Prep. Date: 03/07/2022
TOTAL
RESTRICTED
UNITS**
5 8
2 5
12 2
0 3
18 9
64 A. HRI
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
The Scope of Work for this Agreement for Housing-Related Infrastructure ("HRI Work") shall consist of the following :
The recipient shall perform all capital improvements , soft costs and impact fees associated with predevelopment and construction components including implementation of the Water Quality Management Plan; relocation of sewer line, storm drain and existing overhead power lines and closure of unnecessary driveways .
The Affordable Housing Development and housing as designated in the Application that is supported by the HRI Work, and which is to be developed and constructed by the Recipient , or other developer , contains the following unit mix. * Rental Affordable Housing Developments must include at least 20 percent of the total residential units as Affordable Units with an overall Project average affordability of all Restricted Units within the Project no greater than 50 percent represented by Area Median Income (AMI).
**Total Restricted units include all units restricted by AHSC and the Tax Credit Allocation Committee (TCAC). The Grant amount was calculated based on the number of Total Restricted Units.
The HRI Work is necessary for the development of the Affordable Housing Development. The Recipient is responsible for and shall ensure the completion of the HRI Work and the completion and occupancy of the Housing Development in accordance with the criteria set forth above and in the Project Report . The Department reserves the right to review and approve all HRI Work to be performed by the Recipient , or contracted by the Recipient , in relation to this Agreement. Any revision to the HRI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.
B. Program Costs
The Scope of Work for this Agreement for Program (PGM) Costs ("PGM Work") , shall consist of the following :
Affordable Housing and Sustainable Communit ies (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC -14692
EXHIBIT A
Recipient shall provide 6,600 Riverside Transit Agency Commuterlink monthly transit passes . Passes will be available to residents of the community including all residents of the AHO at no cost for a total of 6-years . Transit ridership training classes.
The Recipient is responsible for and shall ensure the completion of the PGM Work associated with the Program Costs in accordance with the criteria set forth above and in the Project Report. The Department reserves the right to review and approve all PGM Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any revision to the PGM Work shall be submitted in writing for review and approva,I by the Department and shall require an amendment to this Agreement.
C. Sustainable Transportation Infrastructure
The Scope of Work for this Agreement for Sustainable Transportation Infrastructure ("STI Work") shall consist of the following:
Recipient shall provide expansion of a transit hub to accommodate 2 additional bus bays with rider and driver amenities and urban greening components serving RTA route 22 and OmniTrans route 215. Installation of a Class IV bike lane, a diagonal crosswalk adjacent to bus stops #1710 , 1757 and 1787, 1 O additional crosswalks with pedestrian signals on University Avenue ; protected pedestrian crossing at Patterson Park near bus stop #1787. Traffic calming/reduced vehicular speed through the installation of 4 high visibility crosswalks; overhead lighting; additional 3 parklets and a mural on Park Avenue The Recipient is responsible for and shall ensure the completion of the STI Work in accordance with Program requirements , the Application, and the criteria set forth in the Project Report. The Department reserves the right to review and approve all STI Work to be performed by the Recipient in relation to this Agreement. Any revision to the STI Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.
D. Transportation-Related Amenities
The Scope of Work for this Agreement for Transportation-Related Amenities ("TRA Work") shall consist of the following :
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
4. City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
Recipient shall provide ADA improvements , bus shelters , benches , signage , lighting, trash receptacles, and installation of a solar powered shaded walkway adjacent to bus stop #1710 , 1757 and #1787 . Walkway will also include nighttime art installation using solar powered light.
The Recipient is responsible for and shall ensure the completion of the TRA Work in accordance with the criteria set forth above and in the Project Report .
The Department reserves the right to review and approve all TRA Work to be performed by the Recipient in relation to this Agreement. Any revision to the TRA Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.
Criteria Applicability
Based on the points awarded to its Application , Recipient assures the Department of the existence of the following criteria of Section 107:
-gl-o
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Program :::J
Capital Projects (9 Costs
Estimated GHG Reductions based X X X a on GHG Quantification Methodology b Extent to which Project incorporates X X X Active Transportation Improvements Extent to which the Project
C incorporates Green Buildings and X
Renewable Enerqv
Extent to which Project incorporates
d Housing and Transportation X X X X
Collaboration
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
Q)
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City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
-gl-o en C Q) 0 ro a> I~ :.:;
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Capital Projects Program
Costs
Extent to which Project incorporates
Location Efficiency and Access to X X X X
Desti nations
Extent to which Project Leverages X X X non-AHSC Funds
Anti-Displacement X
Extent to which Project incorporates X Prohousing Local Polic ies Local Workforce Development & X Hiring Practices .
Housing Affordability X
Programs X X
Urban Greening X X X
A. GHG Emissions Reductions Estimate
Based on the inputs in the Application , the estimated total MTCO2e over the life of the project is 31 ,898. This information can be found on the Strategic Growth Council 's website in a document called AHSC Round 4 Data for Public Release .
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
5. Performance Milestones
I
HRI PERFORMANCE MILESTONES
I
DATE
I
Executed binding agreement between the Recipient and developer of the proposed Housing Development detailing the terms and conditions 02/09/2018 of the Project development.
Site Control of Housing Development site(s) by proposed housing 10/14/2018 developer.
Completion of all necessary environmental clearances , including those 03/10/2020 required under CEQA and NEPA Obtain ing all necessary and discretionary public land use approvals . 12/15/2018 Obtaining all enforceable funding commitments for at least the first 07/30/2023 phase of the Housing Development supported by the HRI.
Obtaining all enforceable funding commitments for all construction 07/30/2023 period financing for the HRI Obtaining enforceable commitments for all construction/permanent financing described in the Sources and Uses including substantially final 07/20/2023 construction and permanent loan documents, and tax credit syndication documents for remaining phases of Project.
Submission of Final Construction Drawings and Specifications to the 07/20/2023 appropriate local building department or permitting authority .
Commencement of construction of the HRI. 07/30/2023
Construction of HRI complete. 07/30/2024
Program funds fully disbursed . 07/30/2025
Recipient shall ensure the completion of the Performance Milestones set forth below by the designated dates. When Recipient misses or anticipates missing a Performance Milestone deadline , Recipient shall notify the Department in writing as soon as is reasonably practicable. In this notification , Recipient shall explain why the deadline has been or will likely be missed ; provide a status update relative to the other Performance Milestone deadlines ; and provide assurances that it will meet the remaining Performance Milestone deadlines . Recipient 's failure to provide a timely written notification shall be considered a default under this Agreement.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
PGM PERFORMANCE MILESTONES
Identification and commitment of program operator and partners .
Completion of a business or a work plan.
Program funds fully disbursed.
STI PERFORMANCE MILESTONES
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the Project development.
Site Control of STI site(s) by proposed developer.
Completion of all necessary environmental clearances, including those required under CEQA and NEPA
Obtaining all necessary and discretionary public land use approvals .
Submission of Final Construction Drawings and Specifications to the appropriate local permitting authority.
Commencement of construction of STI.
Construction completion of STI and closeout.
Program funds fully disbursed.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
DATE
02/06/2020
02/01/2024
06/30/2025
DATE
02/29/2020
12/31/2020
12/31/2020
N/A
N/A
07/30/2023
07/30/2026
07/30/2026
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
TRA PERFORMANCE MILESTONES DATE
Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the 02/29/2020 Project development.
Site Control of TRA site(s) by proposed developer. 12/31/2020 Completion of all necessary environmental clearances, including those 12/31/2020 required under CEQA and NEPA Obtaining all necessary and discretionary public land use approvals . N/A Submission of Final Construction Drawings and Specifications to the N/A appropriate local permitting authority.
Commencement of construction of TRA. 07/30/2023
Construction completion of TRA and closeout. 07/30/2026 Program funds fully disbursed . 07/30/2026
6. HCD Contract Coordinator
The HCD Contract Coordinator of this Agreement for the Department is the Division of Financial Assistance Loan Closing AHSC Program Manager, or the Manager's designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the HCD Contract Coordinator at the following address:
Loan Closing AHSC Program Manager
Division of Financial Assistance - Loan Closing Section Department of Housing and Community Development
P. 0 . Box 952054
Sacramento , California 94252-2054
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
7. City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT A
Recipient Contact Coordinator
The Recipient's Contract Coordinator for this Agreement is listed below. Unless otherwise informed , any notice , report, or other communication required by this Agreement shall be mailed by first class to the contact at the following address :
Recipient: Wakeland Housing and Development Corporation Authorized Kenneth L. Sauder
Representative Name:
Authorized President and Chief Executive Officer
Representative Title:
Address : 1230 Columbia Street, Suite 950, San Diego, CA 92101
Phone No.: (619) 235-2296
Email: ksauder@wakelandhdc .com
Recipient: City of Riverside
Authorized Al Zelinka
Representative Name:
Authorized City Manager
Representative Title:
Address: 3900 Main Street , Riverside , CA 92522
Phone No.: (951 ) 826-5553
Email: azelinka@riversideca .gov
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
1. 2.
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
Project Sources and Uses
The preliminary projected sources and uses ("Sources and Uses") set forth in this Exhibit B contains the cost items for the design, development , and construction of the approved HRI, STI , TRA Project(s) (collectively, "Infrastructure Project") , and for PGM, as applicable. Recipient agrees that any cost overruns or increases resulting in a total cost for Infrastructure Project exceeding that set forth therein shall be the responsibility of Recipient.
Contract Amount
A. For the purposes of performing the Work, 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") for the uses identified in the Sources and Uses . In no instance shall the Department be liable for any costs for the Work more than this Grant amount , or for any unauthor ized or ineligible costs. 1) For the purposes of performing the Work related to the HRI, as set forth in Exhib it A, the Department agrees to provide $3,235,000 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work more than this amount , or for any unauthorized or ineligible costs .
2) For the purposes of performing the Work related to the PGM, as set forth in Exhibit A, the Department agrees to provide $752 ,600 in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work more than this amount, or for any unauthorized or ineligible costs . 3) For the purposes of performing the Work related to the STI, as set forth in Exhibit A, the Department agrees to provide $4.126,495
in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work more than this amount , or for any unauthorized or ineligible costs. 4) For the purposes of performing the Work related to the TRA, as set forth in Exhibit A, the Department agrees to provide $1,003 ,857 Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
3. 4.
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
in the form of a grant for the uses identified in the Sources and Uses. In no instance shall the Department be liable for any costs for the Work more than this amount, or for any unauthorized or ineligible costs.
B. The Department may approve a request from the Recipient to reallocate funds between authorized activities and itemized amounts stated in the budget for the designated grant Work, except where Scoring Criteria, total point scores , or overall ranking of the Project is impacted. Reallocation of funds between authorized activities that impact any of these areas will not be allowed. Changes in aggregate of ten percent or less, of the total grant amount between activity categories during the term of this Agreement , and expenditures pursuant thereto, may be made only after the Department's express written approval, but do not require a written amendment to this Agreement.
Other Funding Sources
Where the Sources and Uses set forth in this Exhibit B identify funds other than Program funds, those funds shall be expended and applied to Project costs as provided therein . Recipient agrees that it will make best efforts to ensure that the other funds specified in the Sources and Uses are available for disbursement as provided in this Exhibit and approved for the use specified in the Sources and Uses, except to the extent the Sources and Uses may be updated and modified by the Disbursement Agreement described below. The Recipient shall provide evidence and assurance of the commitment and availability of such other sources of funding identified in the Sources and Uses as provided in the Disbursement Agreement. The terms and conditions of all construction financing to be used in conjunction with the Program funds shall be subject to the Department 's review and approval.
Completion Dates
A. Program funds must be disbursed no later than December 31 , 2025.
B. All un-disbursed funds remaining as of December 31 , 2025, shall be disencumbered .
C. All invoices for payment must be submitted to the Department no later than July 30, 2025.
D. This Agreement shall expire on June 30, 2040.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
5. 6.
Method of Payment
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
A. Payment shall be made as reimbursed progress payments as set forth in the Disbursement Agreement. Recipient shall request payment for work completed on forms provided by the Department and subject to such documentation as the Department may require.
B. The Department shall not authorize payments unless it determines that the Program funds shall be expended and disbursed in compliance with the terms and provisions of the Guidelines, the NOFA, this Agreement, and the Disbursement Agreement.
Disbursement Agreement
A. The Recipient, the Department and such other parties as may be reasonably required by the Department, shall enter into a Disbursement Agreement in a form provided by the Department. The Disbursement Agreement shall contain a specific description of the Work and an updated Sources and Uses therefore, including an updated table of Sources and Uses, and the specific terms and conditions for the disbursement of Program funds. In the event of a conflict between this Agreement and the Disbursement Agreement, as determined by the Department, the terms of the Disbursement Agreement, being the later and more specific document, shall govern; provided however, that no resolution of any such conflict shall be contrary to, or result in a waiver or violation of, the Guidelines or the NOFA.
B. The requirement for a Disbursement Agreement, set forth in this paragraph, may be waived by the Department where, at its sole discretion, it determines that:
1) Satisfactory completion of the Work has occurred,
2) Proper disbursement and use of Program funds have occurred, 3) Performance of, and compliance with, all the obligations, terms and conditions of this Agreement have occurred, and,
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
4) Compliance with all applicable statutes, laws, guidelines , and regulations, all have been or will be achieved without the execution of a Disbursement Agreement. The Department may require the submittal by the Recipient of such information, records, documents , certificates, and other material, as it deems necessary to make this determination.
C. Payee record information is required for payment(s) to be made. All payee(s) receiving grant funds shall be listed below:
Payee Name:
Wakeland Housing and
Development Corporation
City of Riverside
City of Riverside
Wakeland Housing and
Development Corporation
Activity: Award Amount:
Housing-Related Infrastructure $3,235,000.00
Sustainable Transportation Infrastructure $4,126,495 .00 Transit-Related Amenities $1 ,003,857.00
Programs $ 752,600.00
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
SOURCES AND USES - HRI
PROJECT BUDGET
HRI DEVELOPMENT BUDGET AND SOURCES
Entrada Wakeland Housing and Development
Cor oration
ESTIMATED HRI CAPITAL
IMPROVEMENT PROJECT COSTS
DEVELOPMENT COSTS
BY FUNDING SOURCE
DEVELOPMENT COSTS
COST CATEGORY
Total Project Activity
Costs
SOFT COSTS AND
OTHER PROJECT
RELATED COSTS
Total Soft Cost and
Other Project Related
Costs
TOTAL PROJECT
COSTS
TOTAL
AMOUNT
AHSC
Grant
Pro ram
$2,733, 133 $2,733, 133 $
$ 501,867 $ 501,867 $
$3,235,000 $3,235,000 $
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
$
$
$
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
SOURCES AND USES - PROGRAM COSTS
PROJECT BUDGET
BUDGET AND SOURCES
Entrada
ESTIMATED PROGRAM COSTS
DEVELOPMENT COSTS
COST CA TE GORY
SOFT COST AND
OTHER PROJECT
RELATED COSTS
Total Soft Cost and
Other Project Related
Costs
TOTAL PROGRAM
COSTS
TOTAL
AMOUNT
$40,000
$772,600
Wakeland Housing and Development
Cor oration
DEVELOPMENT COSTS
BY FUNDING SOURCE
AHSC
Grant
Pro ram
$20,000
$752,600
$20,000 $
$20,000 $
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date : 08/07/2020
Prep . Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
SOURCES AND USES - STI
PROJECT BUDGET
INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
Entrada
ESTIMATED STI CAPITAL
IMPROVEMENT PROJECT COSTS
DEVELOPMENT COSTS
COST CATEGORY
Total Project Activity
Costs
SOFT COSTS AND
OTHER PROJECT
RELATED COSTS
Total Soft Cost and
Other Project Related
Costs
TOT AL PROJECT
COSTS
TOTAL
AMOUNT
$8,481,000
$ 490,508
$8,971,368
City of Riverside
DEVELOPMENT COSTS
BY FUNDING SOURCE
AHSC
Grant
Program
$3,752,745
$373,750
$4,126,495
RT A-Federal
Transit
Admin FY 07
$406,726
$0
$406,726
RTA- State
Transit
Assistance
FY15
$162,693
$0
$162,693
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
SOURCES AND USES - STI Cont.
PROJECT BUDGET
INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
Entrada City of Riverside
DEVELOPMENT COSTS DEVELOPMENT COSTS
BY FUNDING SOURCE BY FUNDING SOURCE
RTA-Low FTA FY13 Local Western
Carbon FTA FY03, Transportation FTA FY16 Riverside City of Transit FY04 5309 STA Match Council Riverside
Operations Fund Government
$58,822 $0 $261,047 $208,827 $3,630,000 $8,100
$0 $108,047 $0 $0 $0 $0
$58,822 $108,047 $261,047 $208,827 $3,630,000 $8,100
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT B
INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
Entrada
ESTIMATED TRA CAPITAL
IMPROVEMENT PROJECT COSTS
DEVELOPMENT COSTS
COST CA TE GORY
PROJECT ACTIVITY
(Hard Costs)
Total Project Activity
Costs
SOFT COST S AND
OTHER PROJECT
RELATED COSTS
Total Soft Cost and
Other Project Related
Costs
TOTAL PROJECT
COSTS
TOTAL
AMOUNT
$1,003,857
$0
$1,003,857
City of Riverside
DEVELOPMENT COSTS
BY FUNDING SOURCE
AHSC
Grant
Pro ram
$1,003,857
$0
$1,003,857
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
AHSC PROGRAM TERMS AND CONDITIONS
GENERAL
1. 2.
Effective Date, Commencement of Work and Completion Dates A. This Agreement is effective upon approval by all parties and the Department , which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date"). The Recipient agrees that neither the construction of the Affordable Housing Development nor the Work has commenced as of the deadline for submittal of applications set forth in the Notice of Funding Availability . The Recipient agrees that the Work shall be completed as specified in this Agreement, and as set forth in the Project Report , hereby incorporated in this Agreement by this reference subject to the Agreement expiration date specified on page 1, number 2, of this Agreement (STD 213), and in Exhibit B, unless a written request for an extension is submitted and written approval by the Department is provided within 90 days prior to the expiration date of the Agreement. Any extension to the expiration date shall require an amendment to this Agreement.
B. Pursuant to §111 (a) and (b) of the Guidelines, construction of the Affordable Housing Development and the housing designated in the Application, must commence within two years of the Program award date and be completed (including completion of all phases identified in the Application and accounting for the total number of units on which the Grant award is based) within five years of the Program award date.
Termination
Notwithstanding any other provision of this Agreement, the Department may terminate this Agreement at any time for cause by giving at least 14 days' notice in writing to the Recipient. Cause shall consist of violations by Recipient of any General of Special Terms and Conditions of this Agreement, to include but not limited to Paragraph 43 of this Exhibit. Upon termination of this Agreement , unless otherwise approved in writing by the Department, any unexpended funds received by the Recipient shall be returned to the Department within 14 days of the Notice of Termination . In the event of withdrawal of the Department's expenditure authority , all obligations of the Department to continue funding any amounts, whether for the benefit of Recipient or any other persons , shall fully and immediately cease and terminate, and the Department shall thereafter have no duty or obligation to undertake or perform any act that it is not legally Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
3. 4.
City of Riverside
Wakeland Housing and Development Corporation
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EXHIBIT D
or practically able to. Department makes no representation or warranty, express or implied, to Recipient or any other persons that all or any portion of the Program Grant Documents will be enforceable after the withdrawal of the Department 's funding authority .
Affordable Housing and Sustainable Communities Grant Documents In addition to this Agreement, the Recipient shall execute and enter into a Disbursement Agreement which shall govern the terms, disbursement and use of the Program funds, the Covenant described below, and other additional agreements and documents, as the Department may deem reasonable and necessary to meet the requirements of the Program and the terms and conditions of this Agreement. The Department may request, and if requested , the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work . Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed.
Covenant Regarding the Affordable Housing Development
Prior to the disbursement of Program funds, the Recipient shall enter into a written Covenant Regarding the Affordable Housing Development ("Covenant") with the Department , and including such other parties as the Department may reasonably require, which shall require the development and construction of the Affordable Housing Development with, the number of units and the number of bedrooms per unit, the extent and depth of affordability , as set forth in the Project Report and Exhibit A, and other uses and amenities for which points were granted to the Application . The Covenant shall be recorded against the parcel or parcels of real property on which the Affordable Housing Development is to be located and shall be binding on all successors, transferees, and assignees acquiring an interest in the Affordable Housing Development as follows:
A. For rental affordable housing developments , the Covenant shall require the continuation of the affordability of the Affordable Housing Development for a period of not less than 55 years from the date of the filing of a Notice of Completion for Affordable Housing Development.
B. For homeownership affordable housing developments , the Covenant shall require the continuation of the affordability for a period of not less than 30 years from the date of a filing of a Notice of Completion for the Affordable Housing Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
Development. The affordability will be ensured through a resale restriction or equity sharing upon resale.
C. The Department may waive this requirement for the Covenant upon the Department's determination that sufficient protections are in place to ensure the development and continued operation and occupancy of the Affordable Housing Development in accordance with this Agreement.
D. In addition to the Covenant, the Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Work. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object which it ensures is being constructed . Alternatively, the Department may require that the Covenant contain a power of sale clause, which may be exercised if the Work is not timely completed, or in the event of an uncured breach of this Agreement.
5. Site Control
The Recipient shall ensure that site control of the real property associated with the Work is sufficient to meet the requirements of the Program. This shall include, but not be limited to, ensuring the timely commencement of the Work as determined by the Department. Site control of the Work may be evidenced by one of the following:
A. Fee title;
B. A leasehold interest on the property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to grant funding, compliance with all program requirements;
C. An enforceable option to purchase or lease which shall extend through the anticipated date of the Program award as specified in the NOFA; D. An executed disposition and development agreement, right of way, or irrevocable offer of dedication to a Public Agency;
E. An executed encroachment permit for construction of improvements or facilities within the public right of way or on public land;
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
6. City of Riverside
Wakeland Housing and Development Corporation
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F. An executed agreement with a public agency that gives the applicant exclusive rights to negotiate with the agency for the acquisition of the site, provided that the major terms of the acquisition have been agreed to by all parties; G. A land sales contract or enforceable agreement for acquisition of the property; or H. Other forms of site control that give the Department equivalent assurance (equivalent to A-G above) that the applicant or developer will be able to complete the Work and all housing designated in the Application in a timely manner and in accordance with all the requirements of the Program.
The Recipient shall also obtain all licenses, easements and rights-of-way or other interests required for completion of the Work and provide evidence of such instruments prior to the first disbursement of Program funds.
Appraisals
Recipient shall, at the request of the Department, provide an appraisal of the real property to be acquired as part of the Work, prepared in a form, and by a qualified appraiser, acceptable to the Department.
7. Relocation Plan
If there is or will be any residential or commercial displacement directly or indirectly caused by the Work, as defined in state law, the Recipient shall provide a relocation plan conforming to the requirements of state law and the regulations adopted by the Department in California Code of Regulations, Title 25, section 6000 et seq. The project and/or the development budget shall contain sufficient funds to pay all costs of relocation benefits and assistance as set forth in the relocation plan accepted by the Department. Should a relocation plan not be required, Recipient must provide documentation for Department approval that there are no relocation requirements .
8. Article XXXIV
The Recipient shall deliver to the Department satisfactory evidence that the requirements of Article XXXIV of the California Constitution are inapplicable or have been satisfied.
9. Environmental Conditions
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC -14692
EXHIBIT D
The Recipient shall provide to the Department the following :
A. All Environmenta l Site Assessment ("ESA") Reports (to include Phase I, II, Ill , supplemental or update assessments and reports) for the Work , in conformance with ASTM Standard Practice E 1527, evaluating whether the Work is affected by any recognized environmental conditions.
B. Documentation and/or a certification satisfactory to the Department that all ESA Report recommendations including remediation and/or mitigation work have been completed .
C. Mitigation requirements required as a result of the Final Environmental Impact Report ("EIR") or Mitigated Negative Declaration if applicable and evidence satisfactory to the Department that all mitigation requirements have been satisfied .
10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Recipient agrees to comply with all State and Federal 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 , the Recipient, its Contractors or Subcontractors , and any grant activity .
11. Litigation
A. If any provision of this Agreement , or an underlying obligation , is held invalid by a court of competent jurisdiction , such invalidity , at the sole discretion of the Department , shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore , the provisions of this Agreement are, and shall be, deemed severable .
B. The Recipient shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement 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.
12. Milestones
Recipient shall ensure the completion of the Performance Milestones set forth in the Project Report and Exhibit A of this Agreement , and as further set forth in the Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
Disbursement Agreement by the designated dates. Recipient shall timely inform the Department when a milestone is missed or at risk of being missed , provide an update of these timelines and provide assurances from the Recipient for timely completion of the remaining Milestones . Failure to timely notify the Department shall be considered a default under this Agreement.
13. Insurance
The Recipient shall have and maintain in full force and effect forms of insurance, at such levels and for such periods, in accordance with the Disbursement Agreement.
14. Change of Conditions
Notwithstanding the Department's obligations to provide payments pursuant to Exhibit B hereof, the Department reserves the right to evaluate the Recipient's 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 accordingly . In the event the Department determines the Work is no longer financially feasible, any Grant commitment issued by the Department and this Agreement may be terminated .
15. 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 lawful requirements of the Department necessary to ensure the completion , occupancy and use of the Work in accordance with this Agreement.
16. Waivers
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 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 nor to affect the validity of this Agreement or the right of the Department to enforce these provisions .
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
17. Identity of Interests
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
As a condition of disbursement , Recipient shall execute a Certificate of Identity of Interest ("Certificate") listing all relationships constituting an identity of interest with entities providing goods or services in connection with Recipient's performance of the Work. The Certificate shall be in a form provided by the Department. At the Department 's request, Recipient shall submit contracts, instruments, documents , correspondence or other writings relating to Recipient's relationship with entities listed in the Certificate . The existence and nature of such relationships shall be subject to the review and approval of the Department to the extent necessary to ensure compliance with Program requirements and this Agreement.
DESIGN REQUIREMENTS
18. Architect
The Recipient shall utilize the services an architect and/or an engineer to provide professional design and engineering services for the Work. The contract shall require an architect and/or an engineer to supervise the construction work, conduct periodic site visits, prepare periodic inspection reports, verify the validity of the construction contractor's payment requests, prepare or review change orders, and, upon completion of construction , provide the certification described in paragraph 33 of these AHSC Program Terms and Conditions . At the request of the Department, Recipient shall submit any and all contracts for these services to the Department for its review and approval.
19. Plans and Specifications and Project Cost Estimates At the request of the Department, the Recipient shall submit plans and specifications and project cost estimates for the Work to the Department for its review and approval. The Work shall be constructed in substantial compliance with the plans and specifications , subject to any change order(s) accepted by the Department where such acceptance is required.
20. Reasonable Development Costs
At the request of the Department, the Recipient shall provide evidence acceptable to the Department that the total costs of the Work are reasonable and necessary for the proposed improvements . To verify cost reasonableness , the Department may require Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
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EXHIBIT D
qualified third-party verification of cost, evidence of the competitive bidding of major cost components and appraisals.
21. Adaptability and Accessibility
The Work shall comply with all applicable federal, state and local laws regarding adaptability and accessibility for persons with disabilities in the design, construction and rehabilitation of projects .
22. Acoustics Report
Upon request, the Recipient shall provide the Department with an acoustics report for the Affordable Housing Development in form acceptable to the Department.
23. Approval by Public Works Department
Where approval by a local public works department, or its equivalent , is required for the Work, the Recipient must submit, prior to the disbursement of Grant funds, a statement from that department, or other documentation acceptable to the Department, indicating that the Work has been approved by that department.
CONSTRUCTION REQUIREMENTS
24. Construction Contract
Except for work performed by its own employees, the Recipient shall enter into a written construction contract or contracts ("Construction Contract(s)") with a duly licensed contractor or contractors ("Contractor(s)") for the construction activities of the Work. The Construction Contract(s) shall require, where applicable, prevailing wages be paid in conformance with Labor Code section 1720 et seq. and applicable provisions of this Agreement. The Construction Contract(s) and any amendments thereto shall be subject to the prior approval of the Department.
25. Contractor's Assurance of Completion
The Contractor(s) shall provide security to assure completion of the Work by furnishing the Recipient with Performance and Payment Bonds, or a Letter of Credit, which shall remain in effect during the entire term of the Construction Contract(s) , and which shall be in a form and from an issuer which is acceptable to the Department. The Performance Bond shall be in an amount at least equal to 100 percent of the approved Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
construction costs included in the Construction Contract(s) to provide security for the faithful performance of the Construction Contract(s) including a warranty period of at least 12 months after completion. The Payment Bond shall be in an amount at least equal to 100 percent of the approved construction costs included in the Construction Contract(s) to provide security for the payment of all persons performing labor on the Work and furnishing materials in connection with the Construction Contract. A Letter of Credit shall be in an amount equal to at least 20 percent of the approved construction costs included in the Construction Contract(s) , in the form of an unconditional irrevocable, stand-by letter of credit. The Department shall be named as an additional obligee in the Bonds or an additional beneficiary under the Letter of Credit.
26. Prevailing Wages
Pursuant to Section 113 of the Guidelines, for the purposes of the State Prevailing Wage Law (Labor Code Sections 1720-1781 ), a grant under the Program shall be considered public funding for the construction , rehabilitation, demolition , relocation, preservation, or other physical improvement of the Work subject to the provisions of the State Prevailing Wage Law. Program
funding of the Work shall not necessarily, in and of itself, be considered public funding of a Housing Development unless such funding is otherwise considered public funding under the State Prevailing Wage Law. It is not the intent of the Department to subject Housing Developments to
the State Prevailing Wage Law by reason of Program funding of the Work in those circumstances where such public funding would not otherwise make the Housing Developments subject to the State Prevailing Wage Law. Although the use of Program funds does not require compliance with federal Davis-Bacon wages, other funding sources may require compliance with federal Davis-Bacon wages . The Recipient shall prepare a plan for compliance with this section, which plan shall be subject to the review and approval of the Department.
27. Construction Phase Information
If requested by the Department , the Recipient shall provide the Department:
A. Information during the construction period, including but not limited to all change orders and modifications to the construction documents, and all inspection reports of the Work . Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications . Deviations from the plans and specifications which have the effect of reducing the quality , life or utility of a specified item or system must receive the Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
prior written approval of the Department. Should change orders be submitted to the Department for its approval , they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department 's approval is required .
B. Information during the construction period including but not limited to all change orders and modifications to the construction documents , all inspection reports prepared by the Housing Development architect and other consultants, and information relative to the Housing Development income, expenses , occupancy , relocation benefits and expenses , contracts , operations and conditions of the Housing Development. Upon written notice to Recipient , the Department may require its advance written approval of all future change orders and modifications . Deviations from the plans and specifications which have the effect of reducing the quality , life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not rejected in writing within 10 business days of receipt by the Department. Recipient shall not authorize or approve any change orders rejected by the Department where the Department's approval is required .
28. Signage
A. Recipient shall place signs on the construction site for the Work stating that the Department is providing financing through the Program in an appropriate location(s) , typeface and size containing the following message:
Entrada
THIS PROJECT HAS BEEN MADE POSSIBLE
BY FINANCING FROM
CALIFORNIA CLIMATE INVESTMENTS
(Funded through the GREENHOUSE GAS REDUCTION FUND)
AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM
THROUGH THE
STRATEGIC GROWTH COUNCIL AND
THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
B. The sign shall be maintained in a prominent location visible and legible to the public through construction completion . If the job sign includes the acknowledgment and/or logo of one or more other public lenders or grantors , the acknowledgement and logos required by this Paragraph 28 shall also be displayed in a similar size and layout. Cop ies of the Department, SGC and California Climate Investments ("CCI") logos can be obtained by contacting the HCD Contract Coordinator .
C. Upon installation of the sign , the Recipient shall submit a digital photograph thereof to the Department. The Recipient will also provide the Department , upon its request , with copies of any photographs that may be taken of the Work by or on behalf of the Recipient or its architect. The Recipient will provide an acceptable written consent and release agreement authoriz ing use of said photographs , all at no expense to the Department.
INSPECTION OF GRANT ACTIVITIES
29. Site Inspection
The Department reserves the right , upon reasonable notice, to inspect the Work site and any structures or other improvements thereon to determine whether the Work site meets the requirements of Program and this Agreement. If the Department reasonably determines that the site is not acceptable for the proposed Work in accordance with the Guidelines, the Department reserves the right to cancel its funding commitment and this Agreement.
30. Work Inspection
A. The Department and any authorized representative of the Department shall have the right, during construction and thereafter, to enter upon and inspect the construction of the Work to ensure that the construction is being and has been performed in accordance with the applicable Federal , State , and /or local requirements , the Guidelines and the terms of this Agreement. Such right to inspect shall include , but shall not be limited to, the right to inspect all work done , all materials and equipment used or to be used, and all books and records , including payroll records , maintained in connection with the construction work .
Such right of inspection shall be exercised in a reasonable manner.
B. The Recipient shall be required to correct all circumstances found by such inspections not to conform to the applicable Program requirements , and to Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date : 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
withhold payment to the Contractor and/or Subcontractor(s) until action(s) to correct the non-conforming circumstances is/are corrected by the Recipient and approved by the Department.
C. The Department reserves the right to withhold payment for any costs found not to conform to applicable Program requirements until such actions have been taken to correct the non-conforming circumstances and such corrective actions have been approved by the Department.
D. The Department shall have no affirmative duty to inspect the Work and shall incur no liability for failing to do so. Once having undertaken any inspection , neither the Department , nor any representative of the Department shall incur any liability for failing to make any such inspection properly, or for failing to complete any such inspection. The fact that such inspection may or may not have occurred shall not relieve the Recipient, the contractor , the construction lender, the architect , the structural engineer, the locality or anyone else of any obligation to inspect the Work.
31. Audit/Retention and Inspection
A. The Department, its representat ives or employees , or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Recipient shall provide the Department or its delegatee with any relevant information 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 books, records, accounts, and other material. Recipient further agrees to maintain such records for a minimum period of four years after final payment under the Agreement , unless a longer period of records retention is stipulated .
B. Payment for any cost which is not authorized by this Agreement , or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee by the Recipient.
C. At any time during the term of this Agreement , the Department may perform or cause to be performed a 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.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
D. 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.
E. If there are audit findings , the Recipient shall submit a detailed response to the Department for each audit finding. The Department will review the response and, if it agrees with the response, the audit process ends, and the Department will notify the
Recipient in writing . If the Department is not in agreement , the Recipient will be contacted in writing and will be informed as to the corrective actions required to cure any audit deficiencies. This action could include the repayment of disallowed costs or other remediation.
F. If so directed by the Department upon termination of this Agreement, the Recipient shall cause all records, accounts, documentation and all other materials relevant to this Agreement to be delivered to the Department as depository.
COMPLETION OF CONSTRUCTION
32. Relocation Plan Implementation Report
The Recipient shall provide a report, in a form acceptable to the Department, summarizing the actions taken and identifying all recipients of relocation assistance and benefits, and the amounts paid, and benefits provided, to or on behalf of each recipient.
33. Architect Certification
Where required by the Department, the Recipient shall cause the Work architect(s) or other appropriate professional to certify to the Department, in form acceptable to the Department, that all construction is completed in accordance with the "as-built" Plans and Specifications and in compliance with all applicable federal , state and local laws relating to disabled accessibility .
34. Cost Certification
At the request of the Department, the Recipient shall submit a Work cost certification that shall have been audited by an independent certified public accountant in accordance with the requirements of the Department and the California Tax Credit Allocation Committee, if applicable. The Recipient (and the developer or builder if there Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
is an identity of interest with the Recipient) shall keep and maintain records of all construction costs not representing work done under the construction contract and to make such records available for review by the Department.
35. Recorded Notice of Completion
The Recipient shall provide to the Department a certified copy of any Notice of Completion for the Housing Development recorded in the county in which the Housing Development is located.
36. "As-Built" Plans and Specifications
Upon completion, at the request of the Department, the Recipient shall submit "as-built" plans and specifications for the Work and Housing Development acceptable to the Department.
AFFORDABLE HOUSING DEVELOPMENT REQUIREMENTS
37. Confirmation of Permitted Housing Units
Conditions precedent to the first disbursement of Program funds shall include receipt of all required public agency entitlements and all required funding commitments for the Affordable Housing Development. The housing units to be developed in the Affordable Housing Development must be completed, as evidenced by receipt of a certificate of occupancy, within the time period established in this Agreement.
REPORTING REQUIREMENTS
38. Reports on California Climate Investments
Upon Department's request, Recipient shall provide to the Department any and all necessary data that it is legally and factually able to provide that is required to be reported pursuant to the most recently adopted Funding Guidelines for California Climate Investments by the California Air Resources Board.
39. Reports on Work
Recipient shall submit, upon request of the Department, a periodic performance report regarding the construction or implementation of the Work. The reports will be filed on forms provided by the Department.
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
40. Reports on Affordable Housing Development
Recipient shall submit to the Department periodic reports, as required by the Department, but not less than annually, describing the development, construction and occupancy of the Affordable Housing Development and the housing designated in the Application. The report shall include, but not limited to, information regarding unit affordability and occupancy, construction and permanent financing evidenced by commitment letters, and a construction and completion schedule demonstrating compliance with this Agreement and the Guidelines. The reports will be filed on forms provided by the Department.
41. Updated Information
Recipient shall provide the Department updated documentation for any substantial change in the information previously provided relating to the Work and the conditions described above.
42. Monitoring Requirements
The Program may perform program and/or fiscal monitoring of the Grant. The Recipient agrees to cooperate with any such monitoring and provide reasonable access to all Work files, records, documents and other information to employees or representatives of the Department. The Recipient shall resolve any monitoring findings to the Program's satisfaction by the deadlines set by the Department.
REPAYMENT OF GRANT FUNDS
43. Breach of this Agreement
In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, including without limitation, the times for commencement and completion of the construction of the Affordable Housing Development and the housing designated in the Application as set forth in Paragraph 1.8. of this Exhibit D, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than 30 days. If the breach or violation is
not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following:
A. The Department may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work.
B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Work in accordance with Program requirements.
C. The Department may seek such other remedies as may be available under this Agreement or any law.
D. This Agreement may be canceled by the Department under any of the following conditions:
1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement;
2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Standard Agreement;
3) Construction of the Work or Housing Development cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement; and,
4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.
44. AHSC Cross-Default Provision
This award was based on the total points awarded the Recipient's Application, during a highly competitive process. The Application proposed an integrated combination of some or all of the following Project components:
Affordable Housing Development (AHO);
Housing-Related Infrastructure (HRI);
Sustainable Transportat ion Infrastructu re (STI);
Transportation-Related Amenities {TRA); and
Program (PGM)
The Application's point score was based, in part, on the Project's total projected reduction of greenhouse gas (GHG) emissions. The Project components (AHO, HRI, Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT D
STI, TRA, and PGM) that were proposed in the Application and approved by the Department must be completed to achieve this projected reduction of GHG emissions.
By executing this Standard Agreement, the Recipient acknowledges and agrees, that in the event the AHO component is not timely completed pursuant to Program requirements, that the Recipient will no longer qualify for the Grant award. In that event, all disbursements of Grant funds would cease, and the Recipients would be responsible for repayment of all disbursed Grant funds.
45. Departmental Cross-Default Provision
In the event the Project or Development is or has been awarded any other Departmental grant or loan funding in addition to the AHSC Loan and AHSC Grant contemplated by the Award Letter from the Department to Recipient (each such funding, including the AHSC Loan and AHSC Grant referenced in the Award Letter, being a "Departmental Funding"), then each Departmental Funding will be cross defaulted to the other Departmental Funding so that:
A. the compliance by the obligated party(ies) under the Department's documentation relating to one Departmental Funding shall be a condition precedent to the funding and disbursement of the funds to be provided under all of the other Departmental Fundings; and
B. a default under one Departmental Funding shall constitute a default under all of the other Departmental Fundings .
The loan and grant documentation for each Departmental Funding shall reflect the cross-defaulted nature of all such fundings .
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date: 08/07/2020
Prep. Date: 03/07/2022
City of Riverside
Wakeland Housing and Development Corporation
20-AHSC-14692
EXHIBIT E
SPECIAL CONDITIONS
The following Special Conditions are applicable to this Standard Agreement:
AHSC Special Conditions for New Disbursement Deadline for Rd5 AHSCGRANT:
EXHIBIT B:
1. Exhibit B, Paragraphs 4(A)-(C) - Completion Dates.
Paragraphs 4(A) through 4(C) of Exhibit B are hereby deleted in their entirety and the following are substituted in their place:
A. Program funds must be disbursed no later than December 31 , 2026.
B. All undisbursed funds remaining as of December 31 , 2026, shall be disencumbered .
C. All invoices for payment must be submitted to the Department no later than July 30, 2026.
D. This Agreement shall expire on June 30, 2041 .
* Remainder of Page Left Intentionally Blank *
Affordable Housing and Sustainable Communities (AHSC) Program Round 5 - Grant
NOFA Date: 11/01/2019
Approved Date : 08/07/2020
Prep. Date : 03/072022
EXHIBIT "B"
AHSC Co-Applicant Agreement
AHSC Co-Applicant Agreement
This AHSC Co-Applicant Agreement (this "Agreement") is made as of February 1, 2022 ("Effective Date"), by and between the City of Riverside, a California charter city and municipal corporation (the "City"), and Wakeland Housing and Development Corporation, a California nonprofit public benefit corporation (the "Developer") , acting as the sole member and manager of the managing general partner of Wakeland Entrada LP, a California limited partnership (collectively with the City, the "Parties," each a "Party"), with reference to the following:
RECITALS
A. Wakeland Entrada LP, a California limited partnership, is the owner of certain real property located at 1705 7th Street in Riverside, California (the "Property").
B. Wakeland Entrada LP (the "Partnershipu), through Wakeland Housing and Development Corporation, the sole member and manager of Wakeland Entrada LLC, a California limited liability company (the Partnership's managing general pru.tner), will develop and construct the Property with sixty-five (65) residential units, sixty-four (64) of which will be affordable housing and one (1) of which will be an unrestricted manager's unit, together with any improvements appurtenant thereto ("Project").
C. The State of California, acting through the Strategic Growth Council and the Department of Housing and Community Development ("HCD 11 ), issued a notice of funding availability dated November 1, 2019 (the "AHSC NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC") program established under Division 44, Part 1 of the Public Resources Code, ·commencing at Section 75200. The AHSC NOF A was for "Round 5" AHSC funding.
D. The Parties jointly applied for funds under the AHSC NOFA to provide funding for the Project, as well as fi.mding for sustainable infrastructure and transportation-related public improvements to be constructed by the City.
E. HCD awarded the Parties an aggregate ru.nount of Seventeen Million Seven-Hundred and Six Dollru.·s ($17,000,706) in AHSC program funds (collectively, the "AHSC Financing"), as follows:
1. A permanent loan for the Project (the "AHSC Loan") in the amount of Seven Million Eight Hundred and Two Thousand Seven-Hundred and Fifty-Four Dollars ($7,882,754); and
2. A grant (the "AHSC Grant") in the amount of Nine Million One Hundred Seventeen Thousand Nine Hundred Fifty-Two Dollars ($9,117,952).
F. The AHSC Grant consists of:
1. Three Million Two Hm1dred Thhiy-Five Thousand Dollars ($3,235,000) for Housing Related Infrastrncture Improvements (the 11 HRI Improvements") to the Developer; 1 I 628\09\2872176.3
2. Four Million One Hundred Twenty-Six Thousand Four Hundred Ninety-Five Dollars ($4,126,495) for Sustainable Transportation Infrastructure projects ("STI Improvements") to the City;
3. One Million Three Thousand Eight Hundred Fifty-Seven Dollars ($1,003,857) for Transit Related Amenity projects ("TRA Improvements") to the City; and
4. Seven Hundred Fifty-Two Thousand Six Hundred Dollars ($752,600) for Eligible Program Costs (the "PGM") to the Developer .
G. The STI Improvements include the following, which are more particularly described in the Parties' AHSC application, attached hereto as Exhibit "A"("Application"): (1) pedestrian and bikeway improvements, including an installation of a bike lane, diagonal cross walks additional cross walks and pedestrian signals on University A venue, protected pedestrian crossing at Patterson Park ("Bike and Pedestrian Improvements"); (2) four high visibility crosswalks, overhead lighting and three parklets and a mural on Park Avenue ("Park Avenue Improvements") and (3) an expansion of a transit hub to accommodate 2 additional bus bays with 1ider and driver amenities and urban greening components ("Transit Hub Expansion").
H. The TRA Improvements include the following, which are more particularly described in the Application: (1) ADA improvements and installation of new bus shelters, benches, signage, lighting, h·ash receptacles (the "Bus Stop Improvements"); and (2) installation of a solar powered shaded walkway with nighttime art installation (the "Solar Art Installation").
I. The PGM component includes subsidizing bus passes for residents of the Project (at no cost for six years) ("Bus Passes") and transit riding training ("Training") for residents of the Project.
The Bus Passes and Training are referred to in this Agreement as the "Ridership Programs".
J. The AHSC Loan will be made to the Partnership from HCD, for pennanent financing of the Project. The Developer is required to enter into a Standard Agreement for the AHSC Loan ("AHSC Loan Standard Agreement''). Developer will also provide the portion of the ASHC Grant designated for the HRl Improvements to the Partnership for use in connection with the Project.
K. The AHSC Grant will be made to the City and the Developer. The City and the Developer are required to enter into a Standard Agreement for the AHSC Grant ("AHSC Grant Standard Agreement").
L. The Developer will utilize a potiion of the AHSC Grant for the following purposes:
1. Three Million Two Hundred Thiliy-Five Thousand Dollars ($3,235,000) for HRI Improvements (which funding shall be provided to the Partnership from Developer);
2. One Million Five Hundred Thousand Dollars ($1,500,000) for patiial funding of RTA's Transit Hub Expansion, which is an STI Improvement;
3. Four Hundred Fifty-Three Thousand Eight Hundred Twenty-Six Dollars ($453,826) for the Bus Stop Improvements, which is a TRA Improvement;
2 [628\09\2872176.3
4. Seven Hundred Thirty-Two Thousand Six Hundred Dollars ($732,600) for Bus Passes, which is a PGM cost.
5. Twenty Thousand Dollars ($20,000) for Training, which is a PGM cost.
Some of the above-described grant funds will be disbursed to the Riverside Transit Agency, a Califomiajoint powers agency ("RTA"),
The work described in Recital L shall be collectively referred to as "Developer Work." M. The City will utilize a portion of the AHSC Grant for the following pm1)oses, collectively, the "City Work":
1. Two Million Two Hundred Seventeen Thousand One Hundred Sixty Dollars ($2,217,160) for the Bike and Pedeshfan Improvements, which is an STI Improvement;
2. Four Hundred Nine Thousand Three Hundred Thirty-Five Dollars ($409,335) for the Park A venue Improvements, which is an STI Improvement; and
3. Five Hundred Fifty Thousand Thirty-One Dollars ($550, 031) for the Solar Art Installation, which is a TRA Improvement.
N. In executing the AHSC Loan Standard Agreement and the AHSC Grant Standard Agreements, and any related funding agreements with HCD (collectively, the "AHSC Documents"), the Parties will be jointly and severally liable for the full and timely performance of all obligations set forth in the AHSC Documents, including completion of the Project and the HRI Improvements, STI Improvements, TRA Improvements, and PGM work.
0. The inability or failure by either Party to folly and timely complete that Party's respective improvements required by the AHSC Documents may affect the timing and right of the other Party to receive disbursements of AHSC Financing due the other Party, notwithstanding the other Party's full and timely performance of its obligations.
P. Each Party desires to enter into this Agreement to set forth its agreement to indemnify the other parties relating to perfonnance of its respective obligations under the AHSC funding application and the AHSC Documents.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
Section 1. Recitals. The Pm-ties hereby aclmowledge and agree that each of the Recitals above is tme and correct.
Section 2. Mutual Obligations of the Parties.
3 J 628\09\2872176.3
(a) Commercially Reasonable Efforts. Each Party shall exercise all commercially reasonable, good faith efforts to do all things at all times necessary to commence and complete its respective work and obligations under the AHSC Documents. (b) Status Updates. Each Party shall provide the other Parties with written monthly status reports on its respective obligations under the AHSC Documents. (c) Document Requests. Each Party shall make available copies of any documents reasonably requested by another Party related to its respective obligations under the AHSC Documents.
(d) Notice of Potential Delay in Meeting Milestones. If any Pmty anticipates missing targeted constrnction or grant disbursement milestones for its respective obligations under the AHSC Documents, it shall notify the other Parties in writing as soon as reasonably possible. Upon notice under this subsection ( d), the Parties shall promptly meet to discuss: (i) the reasons the milestone dates may not be met; (ii) any actions the delayed Party shall take to meet the milestone; and (iii) any other solutions to rectify the Project schedule in order to maintain good standing with the terms and conditions of the AHSC Documents. (e) Compliance with Laws. The Parties shall comply with all applicable federal, state, and local laws in the perfonnance of this Agreement, including, without limitation, the following:
1. Competitive Bidding Requirements. The Parties shall select one or more duly licensed contractors to complete the work, in compliance with all applicable federal, state, and local requirements.
2. Labor Code Compliance. The Pmiies shall include the Labor Code compliance requirements, attached hereto and incorporated herein as Exhibit "B" ("Labor Code Requirements") in any call for bids or construction contract for the work. The Parties shall not enter into any contract for the constrnction of the work without verifying that the contractor is registered with the Department of Industrial Relations, pursuant to Labor Code Section 1725.5.
Following any notice of award with a construction contractor, the Parties shall register the project with the Department oflndustrial Relations as required by law.
3. Accessibility, The Pmiies shall ensure that the work is constrncted in compliance with all federal, state, and local requirements for accessibility for persons with disabilities. To the extent that constrnction of the work would trigger any obligation to bring other existing improvements into compliance with disability access laws, the Parties will comply with such obligation.
4. Non-Discrimination. Any constrnction contract for the work shall contain a clause prohibiting discrimination in violation of federal, state, or local law, including on the basis of race, color, creed, sex, sexual orientation, gender, gender identity, mmital or family status, national origin, age ( over 40), military and veteran status, and disability. The Pmties shall require the constrnction contractor to include the same provision in any subcontract for work under the construction contract.
4 1628\09\2872176.3
5. Environmental Laws. The Patiies shall comply with, or ensure compliance with, all applicable environmental laws in the performance of all work m1der this Agreement, including, without limitation, the California Environmental Quality Act.
6. Conflicts of Interest. The Pa1iies shall require any constrnction contractor to certify that it, its officers, employees, subcontractors, and agents, do not, and will not, have, maintain, or acquire, a direct or indirect conflict ofinterest in relation to the construction contract, or in the performance thereof, that violates any federal, state, or local conflict of interest law, including Government Code Section 1090, et seq., and the Political Reform Act, Government Code Section 81000, et seq., and their accompanying regulations. (f) Reporting Damages. Each Party shall report any transaction or occmrnnce relating to the constrnction of its work for which the Parties may have significant exposure to liability. Such repo1i shall be made immediately by phone and within one (1) business day in writing the authorized representative of the other Party. The written report shall describe the incident with reasonable particularity, including a description of the natm-e of the damages and the identity and contact information (if available) of any witnesses. The report shall also identify any insurance policy that may be available to cover the damage. (g) Insurance. Without limiting any Party's obligations under this Agreement to release, hold harmless, indemnify, and defend the other under this Agreement or any other agreement between them, each Party shall at all times during the constrnction of any of its work, maintain, or cause its contractor(s) to maintain insurance to cover claims arising from such construction, in amounts and types, and subject to such conditions, as requested by the other Party. (h) Environmental Warranties and Covenants.
1. Hazardous Materials Defined. Fur purposes of this section, the term "Hazardous Materials" means any substance or material capable of posing a risk of injury to health, safety, or propeiiy, including materials and substances designated as hazardous, or for which remediation is required, pursuant to any federal, state, or local law.
2. Conh·actor Obligations. Any contract for consh"t1ction shall include a provision requiring that the contractor will not use, generate, manufacture, produce, or release any Hazardous Material, or cause or allow any subcontractor or other person to do the same, on or about any public or private property in the pe1formance of work under the construction contract, except in compliance with all applicable environmental laws. (i) Assurances. The City and the Developer recognize that each Pa1iy may need additional assurances from the other Paiiy regarding the AHSC Financing before commencement of construction, including assurances to lenders and investors. The Parties agree to cooperate with each other to reach mutual agreement on amendments to this Agreement or any other sub-agreements. The Developer recognizes that any such amendments or sub-agreements may require City Council approval.
Section 3. Obligations of the City.
5 1628\09\2872176.3
(a) Draw Requests; Use of Funds. The City shall submit to HCD all draw requests for AHSC Grant funds for the costs associated with constmction of the City Work and shall apply those funds to pay invoices for the same,
(b) Completion of City Work. The City shall be solely responsible for the performance and completion of the City Work in accordance with the AHSC Documents and all approved design and constmction documents. The City will make good faith efforts to commence the City Work by May 1, 2022, and complete the City Work by June 1, 2023. The City's responsibility includes the following, in addition to completing the City Work: (i) furnishing materials necessa1y to complete the City Work; (ii) acquiring any and all real property interests necessaiy to complete the work, including any and all rights of way or public or private utility easements or authorizations necessary to accommodate the improvements; (iii) obtaining any required permits, licenses, or other entitlements; and (iv) complying with all applicable federal, state, and local laws in performance of the City Work.
(c) Cost Ovemms. The City shall be responsible for paying all costs required to complete the City Work irrespective of whether such costs exceed the AHSC Grant proceeds allocated to the City Work under the ASHC Documents and this Agreement. ( d) Greenhouse Gas Reduction Reporting. To the extent feasible, the City shall cooperate with the Developer and assist in responding to any reporting requests in connection with Developer's obligation to monitor and report on reductions in greenhouse gas emissions during the term of the AHSC Documents.
(e) Developer's Work. The City shall cooperate with RTA and Developer in obtaining any City approvals needed in connection with the Developer's Work. (f) Inspections; Final Acceptance of Work. At all times during the constrnction of the City Work, upon forty-eight (48) hours prior notice, the City shall provide, or shall cause contractor(s) to provide safe access to the Developer and its consultants to inspect the work to ensure compliance with this Agreement and the AHSC Documents. (g) RTA Funding. The STI, TRA, and Program Improvements identified as Developer Work are intended to be perfonned by the RTA. Because the HCD AHSC Standard Agreement provides that the City is the payee for all STI, TRA, and Program Improvements, the City will disburse such funds to the Developer for disbursement to the RTA. Altematively, the Parties may agree that the City may disburse such funds directly to the RTA, or the parties may request and execute an amendment to the AHSC Standard Agreement to allow for the above funds to be disbursed directly to the Developer from HCD.
Section 4. Obligations of Developer.
(a) Draw Requests; Use of Funds. The Developer shall, (i) submit to HCD all draw requests for AHSC Grant funds for the costs associated with the Developer Work, (ii) apply funds for the Developer Work to pay invoices for the same, and (iii) pass funds to RTA for the portion of the Developer Work to be perfonned by RTA. 6 [628\09\2872176.3
(b) Completion of Developer Work; Ovemms. The Developer shall be solely responsible for the performance and completion of the Developer Work in accordance with the AHSC Documents and all approved design and construction documents. In addition to completing the Developer Work, the Developer shall be responsible for paying all costs required to complete the Developer Work irrespective of whether such costs exceed the AHSC Grant proceeds allocated to the Developer Work.
(c) AHSC Loan; Completion of the Project. The Developer aclmowledges that the cost of completing the Project will exceed the amount of the AHSC Loan and agrees to be solely responsible for complying with the terms of the AHSC Loan, including the completion of the Project in accordance with the AHSC Documents and all approved design and construction documents.
( d) Greenhouse Gas Reduction Reporting. The Developer assumes responsibility for any monitoring or reporting of reductions in greenhouse gas emissions during the term of the AHSC Documents.
Section 5. Indemnities.
(a) City Indemnity. The City is responsible for using the portion of the AHSC Grant proceeds described in Recital M to complete the City Work and to comply with the HCD requirements related to such work. The City shall release, indemnify, defend (with counsel approved by Developer), and hold the Developer and its respective officers, directors, members, managers, partners, employees, agents, and consultants ( collectively, "Developer Indemnitees") harmless from and against any and all claims, losses, costs, damages, liability and judgments, including reasonable attorneys' fees (with counsel of Developer's choice) (collectively, "Claims"), incurred by or asserted against any Developer Indemnitees arising in connection with the City's failure to complete the City Work (and comply with the related HCD requirements) in accordance with any tenn or condition in the AHSC Grant Standard Agreements or this Agreement, including those breaches or defaults by the City that trigger a default by the Developer under the AHSC Loan Standard Agreement; provided, that the City's indemnification obligations llllder this Agreement shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Developer Indemnitees. It is further agreed that the Developer does not and will not waive any rights against the City that each may have by reason of this Agreement because of Developer's acceptance, or City's deposit with Developer, of any of the insurance policies. (b) Developer Indemnity. The Developer is responsible for using a po1iion of the AHSC Grant proceeds described in Recital L to complete the Developer Work and to comply with the HCD requirements related to such work and is also responsible for using the AHSC Loan, to finance the Project. The Developer shall release, indemnify, defend (with cOlmsel approved by the City), and hold the City and its elected officials, officers, employees, agents, and consultants (collectively, "City Indemnitees") harmless from and against any and all Claims incutTed by or asserted against any City Indemnitees arising in co1mection with the Developer's failure to complete the Developer Work or the Project (and comply with the related HCD requirements) in accordance with any term or condition in the AHSC Grant Standard Agreements, the AfISC Loan Standard Agreement, or this Agreement, including those breaches or defaults by the Developer that trigger a default by the City under the AHSC Grant Standard Agreements; provided, that 7 I 628\09\2872 I 76.3
Developer's indemnification obligations under this Agreement shall not extend to Claims resulting solely from the gross negligence or willful misconduct of City Indemnitees. It is further agreed that the City does not and will not waive any rights against Developer that it may have by reason of this Agreement because of the City's acceptance, or Developer's deposit with the City, of any of the insurance policies.
(c) Limitation. Notwithstanding the foregoing, neither Party is to be liable to the other Party, or any third party seeking to enforce the obligations herein, for any consequential, special or indirect losses or damages, including lost profits, whether or not the likelihood of such losses or damages was known by the Party. However, this limitation shall not limit liability resulting from gross negligence, bad faith, or willful or intentional misconduct.
Section 6. Developer Step-In Rights.
(a) Work Takeover Notice. If the Developer reasonably determines that there is a substantial risk that the City shall not meet its deadline under the AHSC Documents to complete the City Work, the Developer shall have the 1ight, but not the obligation, to step in and take over the performance of the City Work by delivering written notice to the City ("Work Takeover Notice").
(b) Cooperative Steps. Within five (5) business days of the Work Takeover Notice, the Parties shall meet to discuss the cooperative steps to be taken for the Developer to complete the work timely. Such cooperative steps may include, but not be limited to, the following: joint notice by the Parties to HCD and to any other entity that any Party may request or require; joint responses, if requested, to information requested by any interested third party; execution and joint submittal by the Parties of any plans or other design or constrnction documents or changes thereto that may need to be approved prior to the commencement of construction of the City Work; execution and joint submittal by the City with the Developer of any applications for govemmental or other approvals that may be needed for the commencement or completion of the City Work; and cooperation by the City to assist the Developer in meeting all applicable state or local public works requirements for constructing the City Work. ( c) Developer Assumption of Performance. If the Developer takes over the perfonnance of the City Work, the Developer shall exercise commercially reasonable diligence to complete the same by the completion date set forth in the AHSC Documents, as such date may be extended by HCD. The Developer shall be entitled to prepare and submit all draw requests for AHSC Grant funds (or any other funds) for the costs associated with the City Work and shall apply such proceeds to pay invoices for the work. From and after the date on which the Developer takes over the completion of the City Work in accordance with this Section, the Developer shall be responsible for the performance and completion of those in1provements in accordance with the tenns of the AHSC Documents and in accordance with the City's requirements for public works contracts and constrnction. In the event that the Developer elects to exercise its right to complete the City Work as set forth above, the City shall, within five (5) business days of the period for the Patties to take cooperative steps to complete the work pursuant the prior Subsection (assuming the Pat-ties have not detennined any other method for completing the work in a timely manner), fully and completely assign without condition all of the City's rights and benefits under the plans, specifications, and approvals thereto with respect to the City Work, to the Developer, and shall 8 I 628\09\2872176.3
cooperate with commercially reasonable diligence with the Developer 1s effolis to complete the City Work.
(d) Partnership Assumption Rights. The Parties agree that the Partnership will have the right to succeed to Developer
1 s rights under this Section. The Partnership's exercise of the right of assumption set forth in this section will be evidenced by delivery to the City of a notice of such assumption.
Section 7. Pattnership Rights. The Pattnership is intended to be, and will be, a third party beneficiary of this Agreement.
Section 8. Term of Agreement. The term of this Agreement shall coincide with the tenn of AHSC Documents, provided that the Parties' indemnification obligations under this Agreement shall survive its termination.
Section 9. Notice. All notices required under this Agreement, including deliveries of documentation (i.e., plans and contracts) for review and approval, shall be sent by a Party or its counsel by either personal delive1y, a reputable overnight courier which keeps receipts of delivery (such as UPS, OnTrac, or Federal Express), or through the U.S. Mail, postage prepaid, certified or registered mail, retlU'n receipt requested. Any such notice shall be effective upon delivery, if delivered by personal delivety or overnight courier, and 72 hours after dispatch, if mailed in accordance with the above. Notice to the respective Parties shall be sent to the following addresses unless written notice of a change of address has been given:
To Developer:
To the City:
Ke1111eth L. Sauder, President and CEO
1230 Columbia Street, Suite 950
San Diego, CA 92101
Al Zelinka, City Manager
3900 Main Street, 7th Floor
Ri versicle, CA 92522
Section 10. Term; Tennination and Remedies.
(a) Tenn. This Agreement shall be effective as of the Effective Date and shall remain in effect until terminated by mutual agreement of the Patties or until te1minated pursuant to subsection (b) below.
(b) Termination. In the event of any material breach ("Default") of this Agreement by either Party, the non-defaulting Party may provide notice of the Default to the defaulting Party, and the defaulting Party shall cure the Default within ten (10) days thereof; provided that if the Default is not reasonably capable of being cured within ten (10) days, then the defaulting Paity shall commence a cure within ten (10) days and shall cure the Default as promptly as reasonably possible. If the Default is not cured following notice and a reasonable opportunity to effectuate a cure, the non-defaulting Party may provide the defaulting Party notice of its intent to tenninate this Agreement. Within five (5) days of such notice, unless otherwise agreed, the 9 l 628\09\2872176.3
Parties shall meet and confer in good faith in an attempt to resolve their dispute. If the Parties are unable to resolve their dispute informally, the non-defaulting Party may tenninate this Agreement on written notice to the other Party and may pursue any and all remedies available to it. (c) Remedies Cumulative. The remedies provided for under this Agreement, including the Developer's step-in rights, are cumulative of every remedy available at law or in equity for any breach of this Agreement or the AHSC Documents.
Section 11. Interpretation.
( a) Headings. Headings in this Agreement are for convenience of reference only, and shall not affect its constmction or interpretation. (b) Severability. If any provision of this Agreement is determined by a court of competent jmisdiction to be invalid or otherwise unenforceable, the unenforceable provision will be severed, and the remainder of the Agreement shall remain valid and enforceable to the fullest extent pe1mitted by law except as necessary to avoid a result that the Parties cannot have intended.
(c) Integration; Amendment. This Agreement and the AHSC Improvements Agreement between the Parties contains the entire agreement between the Parties regarding the subject matter hereof, and may not be contradicted by evidence of any plior or contemporaneous agreement. Any modification of this Agreement shall be signed by both Parties or their respective successors in interest.
(d) Neutral Interpretation . This Agreement represents the contributions of both Parties, each of whom has had the opportunity to seek advice of competent counsel, and the mle stated at Civil Code Section 1654, that ambiguities in an agreement be constrned against the drafter, shall not apply to the interpretation hereof.
(e) Relationship of the Parties. Except as otherwise expressly provided in this Agreement, this Agreement shall not be construed to create a relationship of principal and agent between the Parties or with any third party. The Parties are independent contractors and have no authority to bind one another without express consent. (f) Governing Law. This Agreement shall be construed according to the laws of the State of California.
Section 12. Successors. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, mid assigns of the Parties.
Section 13. Venue. Venue for all litigation arising out of this Agreement shall be proper in the Superior Court of California, County of Riverside.
Section 14. Execution. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other Parties, it being understood that all Pruties need not sign the same counterpart. In the event 10 1628\09\2872176.J
that any signature is delivered by facsimile or electronic transmission, such signature shall create a valid and binding obligation of the Party executing ( or on whose behalf such signature is executed) with the same force and effect as though such facsimile or electronic signature page were an original thereof. The signatories of this Agreement warrant that they have authority to execute it on behalf of their respective Parties.
[Signatures on the Following Page]
11 I 628\09\2872176.3
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
DEVELOPER:
WAKELAND HOUSING
DEVELOPMENT CORPORATION, a
California nonprofit public benefits
::~or~---------
Rebecca Louie,
Vice President
S-1
CITY:
CITY OF RIVERSIDE, a California
charter city and municipal corporation
By:
Al Zelinka
City Manager
APPROVED AS TO FORM:
By:
ATTEST:
By:
Lauren Sanchez
Deputy City Attorney
Colleen Nicol
City Clerk
AHSC Co-Applicant Agreement
(Entrnda Aparlnienls)
IN WITNESS WHEREOF , the Parties have executed this Agreement as of the elate first written above.
DEVELOPER:
WAKELAND HOUSING
DEVELOPMENT CORPORATION , a
California nonprofit public benefits
corporation ,
By: ___________ _
Name: -----------Title: -----------
l 6~8\09\2872 176.3
12 CITY:
CITY OF RIVERSIDE, a Califomia
charter city and municipal corporation
By:
CERTIFIED AS TO AVAILABILITY OF
FUNDS:
By: lit\ii>-li}/v-- =fu ~
Edward Enriquez
Chief Financial Officer
APPROVED AS TO FORM:
By p RosaiyKoo
Sr. Deputy City Attorney
:~EST~
Donesia Gause
City Clerk
EXHIBIT "A"
Application
See City files for AHSC application elated June 25, 2020, and related award dated July 20, 2020
13 l628\09\2872 l 76.3
E n t rad a AH D and HRI O verv iew PIN 45491
~· ' ' "' /[.. •~:· ·Affor dab le HpiJ sln g Dev elop me nt (AH O) an c;f,H_o"usl[lg ·Rel ate<;I Infra s truct ure (H RI) Projec t Sum mary •' .•· ''b''il ·"·" ,,, .. ' Projec t Name Brief Description Address City Zip County Lat. Log Census APNs T racts Enlrada New construction affordable housing development (AHO) consisting of 1705, 1719, 1725, Riverside 92507 Riverside 6065030503 21 H81-026 65, one, two and three-bedroom units. 64 or the units will be reserved 1733, 1747, 1753 211-181-022 for households making al or below 60% of Area Median Income (AMI), and 1761 7th Street ; 211-181-021 ., ~~ \I
one unit will be reserved for an on-site manager. The site also .... ; 211-181-020 "' includes: on-9ile laundry, recreational space, and on-site leasing .... ;ii "' 211-181-019 office. ..; ~ .., 211-101-024 t
';-
211-181-025
,- Entrada Housing Capital improvements, sofl costs and impact rees associated with 1705, 1719, 1725, Riverside 92507 Riverside Related predevelopment and construcUon components including but nol limiled 1733, 1747, 1753 *
6065030503 same asaboYe
lnfraslructure to: implementation or the Water Quality Management Plan; relocation and 1761 7th Street ~ ii2 or sewer line, storm drainage and existing overhead power lines; ~ ;,; :c closure of unnecessary driveways. ::l :::
1,
AHO Information: Area Unit Count: Building Count: Elevator Count: Projec l Desi gn: Density Project Type Land Area acres 2 Units/Acre 32 Reside ntia l Rental so. ft. 101,350 #of Units 65 # of Bldgs 7 # of Elevators I 0 mid-rise buildinas ~ Home owne rship so. ft. 0 #of Units 0 # ofB ldgs # of Elevalors l Commercial SQ. ft. 0 # or Units/Spaces # of Bldgs # of Elevators I Residential Only Project Rosl dntl Non-Rental SQ. ft. 0 # of Units/Spaces # or Bldgs Other (Mixed Use) so. ft. # of Units/Spaces # or Bldgs
# of car share parking spaces: 0 I # of electric vehicle charging parkinQ soaces :I 2 I # of uncovered guest parking spaces: 11 # of car parking spaces: I 86 I Parking Ratio: car spaces/tota l unils :I 86:65 I Total # or bicycle parking spaces : 33 I Parking Ratio : bicycle spaces/to tal units: 1:2 ts the AHD a scattered slle project? §103(a)(1)(B)(ii) INo I -'~!}~~'{tt~Jf·•t:~ ~:,,l¢L¾):~f-~~ .... : \-1~~(i:Ati. :;•~i 7'~~1'.:l ~J-:,1lr{'(t1h:,:.>1'~,.~:AHD Capital Projects §1 03(a)(1} M' 'Ji·'i• :~r..i~'i'~l,(1"--.-:lfi~~,t\~J:q•). ;;., .;~:'.ff\ 0 ;;,.~f,,(•~1 (1~A li~ar:~~'*:~:tjc;~·"' ·_i;1'?1)l1
(A)(i) Select from the dropdown menu one or more of the New construction Ok following qualified AHO development types relaled to your Project:
(A)(ii) The AHD must located within a half mile from a Tran sit Station/ Stop that meets Proj ect Arca transit requirements per AHD distance from Transit Stalion/Slop :I o .5 Miles Ok §102(c) or (d). (A)(tti) Must include al least 20% of the total residenlial units as Afford able Units (must complete "AHD Unit s & Max Funds " worksheet) , Ok (A)(ili) Must have an overall average affordability of all Project's Restricted Units of no greater than 50% represented by AM I (must compl ete • AHD Units & Max Fund s" workslreet) . Yes Total Extremely Low Income (EU) 15-30% AMI rental units I 13 I Total Very Low Income {VLJJ 31-50% AM( rental units 38 rmJ ¾ of Affordable units I 9B% (Ill) Avg. Afforda bility I 48% (Al(iv)(a) Must meet minimum Net Density requirements upon comolelion of the AHO. Ok Total Sites Area In Squa re Feet I 88,427 I Total B uildings Flo or Area In Sq. Feet I 101,350 (Iv) Calculated Flo or Area: I NIA i (Less Qualified ' Square Feet Deduct ions): (Less Excluded Areas In Square Feel) : (Iv) Calcula ted Net Density: I Ok I 32 Dedicated streets 921 Mechanical Space "NOTE : The followi ng are NOT qualified as site Sidewalks Cellar space 0 deductions: Utility Ease ments, Off-street parki ng, setbacks, Parks Floor space in open balconies 3,960 private drives and walkways, Landscaping, Common Areas Open Space Enclosed parking 0 and FacUiUes, Drainage Facilities (exclusive lo a Other Elevator or stair bulkheads 0 development) and Other mitigation space required for Net Site Area- 2.01 I Net Site
acres Square Feet
87,506 Net Buil di ng Sq uare Feet 97,390
development.
FAA ST FIie: Net Den sity Verificati on I Letter and sea led site map certified by a California State-lice nsed professional (e.g., an enginee r, swv eyor, or landscape architect) confirming the net density File Uploaded? Yes (AJ(ll'Hfl :-- -~nly •Pi>!lca410 to 'Acqul ; ltl~n and ~~bs_t,•n!lal ·Rehab '1111at1o'ii_ P~6joct ; __ • ,. ', , ,-., NIA . If cell at left is "Yes" meaning AHD .resulls in less unlls or lower ·affordability %?are reductio ns to meet building code requirements? N/A Prior to. Rehab • exisling # of units: I I AHO Project Units : 65 I Prior to Rehab - percentage of total afforda ble:! I AHO percentage of total affordability: 98% (A)(v) Must supply one Secure Overnight Bicycle Parking Spots per every two units (descri be below, Secure Overnight # of Secure Overnight Bicycle Parking spots at AHD : 33 Ok Bicycle Parking proposed including a descripti on of how bicycles are secured {i.e., bike locker, bike building, etc.) At least 33 secure overnight bicycle parking spaces are planned in the Entrada AHD . Parking spaces ara anticipated lo be bicycle cages within each carport space. The desig nated bicycle parking area will not be accessib le to the general public , will be completely enclosed and be protected from inclement wealher. The bicycle frame will be able to be secured to the bicycle rack (E) Does your AHD Capital Project include multiple AHDs with an AHD receiving 4% low- I
No I If Yes, lhis consututes two separate and independent Projects, each of which must Income housing ta)( credits, and another receiving 9% I0\-01-income housing tax credits? submit an entirely separate HCD application and qualify independen lly of the other. ·i:''-:_.;. '.:" -'-Ii! .1./: .. -.... ; ·?·'· :• _, ;11AHD Eligibl e .Costs §103(a)(1)(C) an d In elig i ble Cos ts §1 03(c) ''' ,,.:--:~/.~f:':•1 j 'Ht,'1i' :4,~~t1~}l~! _,;_; ·' y: Jf'' ~ : ··•i
I Budgeted I Cost Cap Overaae
&103/al/11fC)flil The 1olal amount or eliQible AHD soft costs canno1 exceed 10% of the tolal AHSC ProQram award . I $2,165,485 I S2,2 12,121 I $0 OK §103(c) We certify the AHSC AHD funded cost do not include any of the following ineligible costs:
(1) Costs are not eligible if there is another feasible, available source of committed funding for the STI portion thereof lo be funded by AHSC or if the cost is incurred prior to the AHSC award;
(2) Routine maintenance or operations of transportation infrastructure (Including transit nee!, not including AHSC funded transit service expansion); Yes (3} In lieu fees for local inclusionary housing programs; (4) Ongoing operatio nal costs beyond lhe term or the grant (three years) for Program Costs; and (5) All costs associated with automobile or mo torcyc le parking (excluding electric vehicle cha rging infrastructure) . ·1 ' .'" ' ;
..
' •, .. ; HRI Eli g i ble Costs §1 03(a)( 2)(A ) an d Ine lig i bl e Costs § 103(c ) , ,! ' (i) Are capital improvements in the HRI budget required by a tocalily, transi t agency, or special district? I Yes I If Yes, are improvements a condition to the approval of lhe AHO? Yes FAAST File: Cap Improvements Req l □ ocumentalion from a Locallly, transit agency, or special district that capital improvements are required I
File Uploaded? Yes
Budgeted Cost Cap Overage
(ii) Total amount of eligible HRI soft costs cannot exceed 10% of the lolal AHSC Program award. $501 ,867 $2,212, 121 $0 Ok (iv) Total amount of eligible environmental remedialion costs cannot exceed 50°/o of the total AHSC HRI grant funds. $0 $1,617,500 $0 Ok (v) Total amount of eligible real property acquisition of the HRl project site and associated fees cannot exceed 10% of the total $0 $2,212,121 $0 Ok AHSC Program award . (vi) Total amount of eligible impact fees cannot exceed 15% of the total AHSC Program award up lo $300,000. $300,000 $300,000 so Ok §103(c) We certify the AHSC HRI funded cost do not include any of the following ineligible cos ts:
(~) Costs are not eligible if there is another feasible, available source of committed funding for the STI portion thereof lo be funded by AHSC or if the cost is incurred prior to the AHSC award;
{2) Routine maintenance or operations or transportation Infrastructure (including transit Oeel, not Including AHSC funded transit service expansion); Yes (3) In lieu fees for local incl usionary housing programs :
(4) Ongoing operational costs beyond lhe lerm of the grant (three years) for Program Costs; and {5) All costs associated with automobile or motorcycle parking {excluding electric vehicle charging infrastructure).
H RI G rant Terms §104(c )
AHSC R5 Pilga I of 5 AHD-HRI
Entrada AHO and HRI Overview PIN 45491
(1) We certify the HRI grant does not result in a profit that exceeds the commercially reasonable range for other Improvements of slmllar size and level of risk. ~ (2) We acknowledge that HRI grant funds will be disbursed as reimbursed progress payments for eligible costs Incurred after the execution of the Standard Agreement in the amount not to Yes exceed the AHSC Program award of funds. (3) We acknowledge if the HRI Project includes muUiple phases or developments, all enlillements and construction funding commilments for the first phase must be received prior to - disbursement. Yes
(4)(b) We acknowledge conditions precedent to lhe first disbursement of HRI funds shall include receipt of all required public agency entitlements and all construcllon funding commitments Yes for the AHO supported by the HRI.
~"'' "
:,AHD Threshold §106(a) . ,. ,. ... ,, ,.- ,:;, ' -
(4) Describe how AHO provides free ~ansit passes, reloadable transit cards or discounted passes priced at no more than half of retail cost.
Wakeland will purchase 6,660 Commuter Link monthly passes during the 3-year grant period and make them available for a period or 6-yeers, at no cost, to residents or the AHO and the Project area at no cost. Passes will be coupled with travel training where pass users can learn to travel lndependenUy anywhere RTA goes and how to make connections to other regional.
Number or passes or cards that will be provided: I 6660 I Is there at least one pass per restricted unit?I Yes Type or lransit passes provided:! Free Transit Pass (5) Applicant certifies the proposed AHD will be smoke free and demonsvate compliance prior to cons~ction loan closing. Yes FAAST File: I SFH Lease Addendum I§106(a)(5) Smoke Free Housing Lease Addendum• must be submitted prior to construction close I File Uploaded?! Yes (8) For the AHO, can you provide documentation of completion and approval or adoption of all necessary environmental clearances including those required under the CEQA and if Yes applicable, NEPA, and all applicable time periods for fifing appeals or lawsuits have lapsed within 30 days of the application due date with lawsults or appeals fifed? NEPA: I ls Federal funding proposed that will trigger NEPA requirements? I Yes I tr Yes, enter date of "Authority to Use Grant Funds"I 2/3120 CEQA: I Project approved "by-rtght"? I Yes I Is Project Categorically Exempt?I Yes I Negative Declaration Dale: 1119118 I Final EIR Date:I NIA I Discuss below anv special NEPA and/or CEQA Special Circumstances or exemptions and provide estimated/actual comolelion dates of all necessar, environmental clearances.
A Mitigated Negative Declaration was prepared and approved in conjunction with the General Plan Amendment and Re-Zone; ii was recorded on 1119/2018. The development of the AHD and related HRI is permitted by right, subject only to administrative design review and is exempt under Class 32 of the State CEQA Guidelines (an "Infill" exemption). Application for Design Review .. . ·-- ·-. . .. . ·-- - ~, FAAST FIie: I AHD Environmental I Copy of all environmental clearances (e.g. Environmental Impact Report) or Notice of Exemption. I FIie Uploaded?! Yes FAAST FIie:
I
AHD Auth to Use I For NEPA only, copy of the HUD 7015.16 "Authority To Use Grant Funds" or clarify the current status of the I File Uploaded?! Yes Grant Funds Issuance of the HUD form. (9) If applicable, provide a listing and status of all discretionary local land use entitlements and pem1its, excluding design review, required to complete the AHO Project that have been granted, submitted or lo be applied for to the appropriate local agencies, or consistent with local plannlng documents.
Agency/ Issuer Land Use Approval Approval Type Comments Date General Plan Amendment & Rezone 12/5118 Other
(10) Does the Market study demonstrate the AHO Project is financially feasible? A s/udy mat meets requiremenls specified in TCAC Regs §10322/h)/10) wlit be accepted by HCD. IYes FAAST FIie: I AHO Markel Study Provide a completed market study prepared within one year of the application due date. I File Uploaded?! Yes (11) Does applicant or Developer of Project have Site Control for AHO Project? If yes. enter site control form and the most recent execution dale below (See Sile Control Appendix A) IYes Form of site convot (See Site Control in Appendix A): Feentle I Most recent document execution date:I 10114118 If leasehold estate: I Rent based on restricted land value?/ NIA I Is acquisition cost $0 in AHD Dev.I NIA I Prepaid lease loan used? If so answer (a-c) NIA (a) Funding amount based on the Present Value of lease
I NIA I
(b) Lender requesting Res. Receipts (no:I NIA
I (c) Has loan amount been entered as a finance cost? NIA payments? permissible) Describe any special site-conlrol circumstances.
The site is vested in the name of Wakeland Entrada LP, Wakeland Mission Heritage LLC is the Managing General Partner of lhe LP. Wakeland Mission Heritage LLC is a wholly owned subsidiary of ~/akeland Housing and Development Corporation.
FAAST File: I AHD Site Control I Appropriate documentation to demonstrate the form of site conVol Indicated above I Files Uploaded?! Yes FAAST Fite: I AHD Prellmlnary Title Report I PTR, that is no more than 6 months old for the AHO Project. I Files Uploaded?! Yes (12) Applicants must demonstrate prior experience by providing evidence of two prior AHD projects similar to lhe proposed AHSC Project in scope and size, which have been completed by the applicant during the ten years preceding the application due dale.
AHD Past Project #1 AHD Past Project #2
Project Name Home Front al Camp Anza Talmadge Gateway
Development Wakeland Camp Anza LP Wakeland Talmadge Gateway LLC Entity
Completton Date
519116 5131117
Project Tenure Rental Renlat
# or units 30 60
Units per Acre 15 60
Commercial (sq. NIA 500
ft.)
30 unils reserved for households and veterans families between 30% and 60% of AMI. The Talmadge Gateway incudes 60 permanent supportive housing unils exdusively reserved for Brief Description Home Front at Camp Anza development includes a 15,000 square root historic World War II formarty homeless seniors wilh medical conditions that need on-going support. Talmadge (e.g. number of era OHicers Club building. The OHicers Club building houses resident amenities, on-sile Gateway includes extensive common area, 7,000 square feel, and a 500 square foot resident services and property management offices. The space is also used as a storefront offering new commercial space. units, population community meeting space for community benefit organizations. sorvod, etc.)
FAAST FIie: Past Exp AHD1, Past Exp AHD2ICertificates of Occupancy for two recently completed affordable housing de'lelopments I File Uploaded?! Yes (13) We certify as or the application date, the applicants or the AHD real property is not party to or the subject of any claim or action in the state or federal courts. Yes (14) We certify that construction of the AHD Project has not commenced as of the application deadline set forth in the NOFA. Yes (19) The AHO Project will not result in the loss or conversion of agricultural or other working lands, or natural resource lands for other uses according the Dept of Conservation's Farmland Yes Mapping and Monitoring Program (FMMP) website? If "Yes", provide documentaUon the AHD Project site Is not within land designated as agricultural land per the FMMP tool.
FAAST FIie: AHO No Ag I Demonstrate the AHO site is not within land designated as agricultural land per FMMP tool. I Fite Uploaded?! Yes If "No", demons~ate that the AHD Project site qualifies as an Infill Site (as defined in Appendix A):
FAAST FIie: AHO Ag Infill !Applicants seeking an exemption to the FMMP delerrnination must demonstrate that the AHO Project site I qualifies as an Infill Site (as defined In Appendix A) File Uploaded?! NIA (20)(A) We certify the AHO meets the underwriting standards in Unilorrn Multifamily Regulations §8300 - §8316 and Multifamily Housing Program Guidelines §7312. I Yes (20)(6) We certify the AHD is infeasible without AHSC Program funds, and other committed funds are not and will not be supplanted by AHSC Program funds. I Yes (20)(C) If the AHO Project involves involving new construction or Substantial Rehabilitation and requiring the demolition of existing residential units are eligible only if the number of bedrooms in the new Project is al least equal to the number of bedrooms in the demolished structures, with equal or greater affordability. The new affordable units may exist on separate parcels provided all parcels ara part of the same Project meeting the requirements of UMR 8303(b). Explain below how this requirement is satisfied in lhe replacement affordable housing development. If lhe Project does not involve demolition of existing affordable units, indicate "NIA" below.
The Entrada AH □ will construct 65 new units, in excess of the 56 units removed from the site and provide a total of 145 bedrooms, in excess of the 65 bedrooms which previously occupied the sile. All 64 of the 65 total units will be available at an affordable housing cost to, households earning at or below 60% AMI. including 13 units reserved for households making al or below 30% (20)(0) We certify the proposed AHO is consistent with State and Federal Fair Housing requirements including duties to affirmatively furiher fair housing (explain below). Yes The development of 65 affordable units is a significant and meaningful action that changes the development pattern in the Eastside Neighborhood of Riverside and increases fair housing choices for tow-income households and those within a protected class (e.g. race. gender, sexual orientation, national origin, religion).
AHSC RS AHO-HR/
STATE OF CALIFORNIA - BUSINESS CONSUMER SERVICES AND HOlJSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670 , 95833
P. 0 . Box 952054
Sacramento , CA 94252-2054
(916) 263-2771 / FAX (916) 263 -2763
www .hcd.ca.qov
July 20, 2020
Kenneth L. Sauder, President and
Chief Executive Officer
Wakeland Housing and Development
Corporation
1230 Columbia Street, Suite 950
San Diego, CA 92101
Al Zelinka, City Manager
City of Riverside
3900 Main Street
Riverside, CA 92522
RE: Award Announcement -AHSC Program Round 5 FY 2018-19 PIN 45497 - Entrada
Dear Kenneth L. Sauder and Al Zelinka:
The California Department of Housing and Community Development (Department) and the Strategic Growth Council are pleased to announce that Entrada has been awarded an Affordable Housing and Sustainable Communities (AHSC) Program award in the amount of $22,121,206 . This letter constitutes notice of the award as approved by the Strategic Growth Council on 06/25/2020 of the following AHSC Program funds :
Contract Number
Congratulations on a successful application . For further information, please contact Craig Shields , Branch Chief , Program Design and Implementation - Climate Change, at (916) 263-7495 or Craig.Shields @hcd.ca.gov.
Jennifer P. Seeger
Acting Deputy Director
EXHIBIT "B"
Labor Code Requirements of Round 5 AHSC Guidelines and California Department of Housing and Community Development Uniform Multifamily Housing Regulations 14 I 628\09\2872176.3
Section 113. Prevailing Wages
For the purposes of the State Prevailing Wage Law (Labor Code Sections 1720 - 1781 ), a grant or loan under the AHSC Program shall be considered public funding for the construction, rehabilitation, demolition, relocation, preservation, or other physical improvement of the Capital Project subject to the provisions of the State Prevailing Wage Law. AHSC Program funding of the Project shall not necessarily, in and of itself, be considered public funding of a Project unless such funding is considered public funding under the State Prevailing Wage Law. It is not the intent of the Department in these regulations to subject Projects to the State Prevailing Wage Law by reason of AHSC Program funding of the Project in those circumstances where such public funding would not otherwise make the Project subject to the State Prevailing Wage Law. Although the use of AHSC Program funds does not require compliance with federal Davis Bacon wages, other funding sources may require compliance with federal Davis Bacon wages.
FY 2018-19 AHSC Program Guidelines - 53 - October 31, 2019 Entrada AHO and HRI Overview PIN 45491
Afford abl e Housing Deve lopm ent (AH O) and Housing Related Infrast ructur e (HRI ) Proj ect Summary Proj ect Name Brief Description Address City Zip Count y Lat. Log Census Tracts APNs
Enlrada New cons lru ction aFfordable housing developme nt (AHO) consisting of 1705, 1719. 1725, Rivers ide 92507 Rrvorside 6065030503 2 11-18 1-026 65, onc, two and three-bedr oom umls. 64 of tho units will be reserved 1733, 1747, 1753 211- 181-022 for househo ld s making at or below 60% of Are a Median Income (AM IJ, and 1761 7th Street ;;; 2 11- 181-021 I" I
one uni l will be reserved for an on-site manager . The site also ~ ;;; 2 11- 181-020 1~
mcludes : on-sl te laundry , recreationa l space, and on-si te leasing ~ ~ 211-18 1-019 omce. M ~ M 211-101-024
I
2 11-181 ,025
I Enlrada Housing Capital improvements, soft cosls and impacl rees assocraled \',i1h 1705, 1719, 1725, Riverside 92507 Riverside Related predevelopment and conslruction components including but not limited 1733, 1747, 1753 6065030503 srtme as ahove "' "' InrrasIructure to: implementation or the Water Quality Management Plan; relocation and 1761 7th Street ~ ;;; ii: of sewer line, storm drainage and existing overhead power lines; ~ ~ :,:
closure of unnecessary driveways. M ,-:
M
AHO Info rmation : Arca Unit Count: Building Cou nt: Eleva tor Count: Proj ect Doslgn: Density Project Type Land Arca acres 2 Units/Acre 32 Residential Rental sq. fl. 101,350 # of Unils 65 llof Bldgs 7 II of Elevators 0 mid-rise buildings ~ Homeownership so. fl. 0 II of Units 0 # of Bldgs #- of Elevators Commerclal SQ. fl. 0 # of Unit s/Spaces # of Bldgs tt of Elevators Residential Only Proiect Resldntl Non•Renta l SQ. fl. 0 # of Unils/Spaces # of Bldgs Olher (Mixed Use) so fl. # of Unil s/Spaces II of Bldgs # of car share parking spaces : 0 I # of electric vehicle charging parking spaces : 2 I # of uncovered guest parking spaces : 11 # or car parking spaces: I 86 I Parking Ratio: car spaces/total units:! 86:65 Total # of bicycle parking spaces: 33 Parking Ratio: bicycle spaces/to lal units : 1:2 Is lhe AHO a scattered sile projecl? §103(a)(1)(B)(ii) INo I AHO Capital Proj ects §1 03(a)(1 )
(A)(i) Select from the dropdown menu one or more of the New constructio n Ok fallo\.'1ing qualified AHO develop ment types related to your Project:
(A)(ii) The AHO must located wilhin a half mile from a Transit Station/Stop that meets Project Area transit requirements per AHO distance from Transit Station/Slop :I o.5 Miles Ok §102(c l or (d). (A)(iii) Must include at least 20% of the total residential units as Affo rdable Units (mu st compfat o "AHD Unil s & Max F1111ds" wo rks heet}. Ok (A)(iii) Must have an overall average affordability of all Project's Restricted Units of no greater than 50% represented by AMI (must compfat o "AHD U11Jts & Mnx Fun ds" wo rk.sheet) , Yes Total Extremely Low Income (EU} 15-30% AMI rental units I IJ Tara/ Very Law Income (VU) 31-50~0 A1WI rental units JB tlil) % of Affordablo units I 9B% (Iii) Avg, A/fordnbiHty I 48% (A)(iv)(a) Must meet minimum Net Oensitv requirement s uoon completion of the AHO. Ok Total Sites Area in Squa re Feet 88,d27 I Tota l Buildings Floor Area in Sq. Faet I 101,350 (iv) Calcula ted Floor Area: I NIA i (Less Qualified~ Square Feet Deductions): (Less Excluded Areas in Square Feet): (iv) Calc ulated Na t Density : I Ok I 32 Dedicated streets 921 Mechan ical Space •NOTE: The following are NOT qualified as site Sidewalks Cellar space 0 deductions: Utility Easements , Off-street parking, setbacks, Parks Floor space in open balconies 3,960 private drives and walkv,ays , Landscaping, Common Areas Open Space Enclo sed par'i<ing 0 and Facilities, Drain age Facilities (exclusive to a Olher Elevator or stair bulkheads 0 developmen t) and Other mitigation spac e required for Net Site Area. 2.01 I Net Site
acres Sauare Feet
87,506 Net Bu ildi ng Square Feet 97,390
development .
FAAST File: Net Density Verifica tion /Letter and sealed site map certified by a California State -licensed professional (e.g., an engineer, surveyor , or landscape architect) connrming the net density File Uploaded? Yes (A)(lv )(b) • Only appil cabl~ ta Acq uisition and S~b ~tnnll•I Roha,blllta\lon _ Projects IN /A If cell at left is ~ves" meanin g AHO results in less units or lower N/A afforda bility %, are reduct ions to meet building code requirements ? Prior to Rehab • existing# of units : I I AHD Projecl Units : 65 I Prior to Rehab - perc enla ge of lotal affordable :! I AHD percentage of total affordab ility: 98% (A)(v) Must supply one Secure Overnig ht Bicycle Parking Spots per every two unit s (desc ribe below, Secure Overnight # or Secure Overni ght Bicycle Parking spots al AHO: 33 Ok Bicycle Parking proposed inducting a description of how bicycles are secured (Le., bike locker, bike building, etc.) At least 33 secure overn ight blcycle parking spaces are planned in the Entrada AHO. Parking spaces are anticipated to be bicycle cages within each carport space. The designated bicycle parking area will nol be acc essible to the general public , will be completely enclos ed and be protec ted from inclement wealher. The bicycle frame will be able to be secured to the bicycle rack (E) Does your AHO Capital Projec t include mulliple AHOs wilh an AHO receiving 4% low- I
No I If Yes , lhis constitutes two separate and inde pendent Projects, each of whic h must income housing tax credi ts, and anothe r receiving 9% low•income hous ing tax credits ? submit an entirely separat e HCO application and qualify independently of the other.
AHO Eligib le C os ts §1 03(a )(1)(C) and Ineligi ble Costs §1 03(c) I Budgeted Cost Cap I Ove rage
~ 103(a)(1JIC)(lil The lolal amount of elig ible AHD soft costs cannot excee d 10% of the tolal AHSC Proqram award . $2,165,485 $2.212,121 $0 OK §103(c) We certify lhe AHSC AHO funded cos l do not include any of the following ineligib le cosls :
{1) Costs are not eligible if there is another feasible , a'✓ ailable source of committed funding for the STI portion thereof to be funded by AHSC or if the cost is incurred prior to the AHSC award;
(2) Rouline maintenance or operations or transportation infrastructu re (including transi t fleet. not including AHSC funded transit ser,ice expansion): Yes (3) In lieu rees for loc al inclus ionary housing programs :
(4) Ongoing operational costs beyond the term of the gran t (three years) for Program Costs; and (5) All costs associa ted with automobi le or motorcycle parking (exd uding eleclric vehicle charging infrastruc ture).
HR I Eligi ble Costs § 103 (a)(2)(A) and Ineligible Costs §103 (c) (i) Are capital improvemen ts in the HRI budget required by a locality , transit agency , or specia l district? I Yes If Yes, are improv ements a condition to the approval of the AHO? Yes FAAST FIie: Cap Imp rovements Req l □ ocu m enta tion from a Local ity, transit agency, or special distric t that capital improvements are required File Uploaded ? Yes Budg eted Cost Cap Ove rage
{ii) Total amount of eligible HR/ soft costs cannot exceed 10% o f the total AHSC Program award. $501,867 $2,212,121 $0 Ok (iv) Total amount of eligible environmenta l remediation cos ls canno t exceed 50% of the total AHSC HRJ grant funds. $0 $1,617.500 $0 Ok { '✓) Total amount of eligible real property acquisi tion of the HRl project site and associated fees cannot exceed 10% of the total $0 52,212 ,121 so Ok AHSC Program award. (vi) Total amount of eligible impact fees cannot exceed 15% of the total AHSC Progr am award up to $300.000 $300,000 $300,000 so Ok §103(c) We certify !he AHS C HRl funded cost do not include any of the following ineligible costs :
(1) Costs are not eligible if there is another feasible , available source of comm 1tted funding for the STI pornon n1ereof to be funded by AHSC or if the cost is incurred prior to the AHSC award;
(2) Routine maintenance or operalion s oi lransportation infrastructure (including transit fleet. not including AHSC funded transit serv ice expansi on). Yes (3) ln lieu fees for local inclu sionary l1ousing progra ms:
(4) Ongorng operatio nal cos ls beyond the term of the gran t (three years) for Program Cost s: and (5) All costs associated with automobi le or motorcyc le parking (excluding electric vehicle cl,ar gIng infrastruc ture) HRI Grant Terms §104(c)
Al-!SCR5 Page I of 5 ,\HO·HRI
Entrada AH D and HR I Overview P I N 45491
(1) We certify l/1e HR I grant does nol result 1n a profit that excee ds the commercially reaso nable range for olher improveme nts of similar size and leve l of risk. Yes (2) We acknowledge that HRI grant funds will be disbursed as reimbursed progress paym ents for eligib le costs incurred after lhe execu tion of the Standard Agreement in the amount not to - exceed lhe AHSC Program awa rd of funds. Yes
(3) We acknowledge if the HRI Projecl include s multiple phases or developments, all enlil lements and construclion fundin g commitmen ts for the firsl pl1ase must be rece ived prior to di~bursemenl. Yes
{4){b) We acknowledge condi tions precedent to the first disbursemen t of HRI funds shall includ e receipt of all required public agency enlill ements and all canstruc lion funding cammilments Yes for Iha AHD supported by lhe HR I.
AHO Threshold §106(a)
(4) Describe how AHO provid es free transit passes . reloadable transi t cards or discou nted passes priced at no more than half of retail cos t.
Wakeland will purchase 6,660 Commut er Link mont hly passes during the 3•year granl period and make them availa ble for a period of 6-years . al no cost. lo reside nts of the AH O and the Project area at no cost. Passes will be coupled with lrave! training where pass users can learn lo travel independ ently anywhere RTA goes and how to make connections ta other regiona l, Number of passes or cards that will be provide d: I 6660 I Is there al least one pass per restrict ed unit?I Yes Type of transit passes provided :! Free Trans it Pass (5) Appl icant certifies the proposed AHO will be smoke free and demons trate compliance prior to construction loan closi ng. !Yes FAAST FIio: SFH Loase Addendum I§106(al(5) Smoke Free Housing Lease Addendum - musl be submilled prior lo conslrucl ion close I File Uploaded?! Yes (8) For the AHO , can you provide documentation of complellon and approval or adoption of all necessary environm ental clearances including those required under the CEQA and if applicable, NEP A, and all applicable lime periods for rning appeals or lawsuits have lapsed wilh in 30 days of the applicallon due date wilh lawsuits or appeals filed? Yes NEPA : Ifs Federal funding propo sed lhal will trigger MEPA requirement s? I Yes I If Yes, enter dale of "Authority lo Use Gran t Fund s"I 2/3/20 CEQA: I Project approved "by-right"? I Yes I Is Project Calegorically Exempl? Yes I Negative Declaration Dale :I 1 1/9118 I Final EIR Dal e:I NIA I Discuss below any special NEPA and/or CEQA Special Circumstances or exemot ions and orovide estimated/actua l comoletio n dates of all necessarv envlronm ental cleara nces.
A Mitigated Nega tive Declaration was prepared and approved in conjunction with the Gene ral Plan Amen dment and Re-Zane; ii was recorded on 11/9/2 018. The devel opment oi lhe AHO and related HRI is permitted by right , subject only to administ rative design review and is exe mpt under Class 32 or the Slate CEQA Guidelines (an "infill" exemp tion). Application for Design Review - · Ir"\ • -- - - ,-, ••- ,.__ ,_ ·-- Tl.. - , r, •
FAAST FIie: AHD Envfronmonlal I Copy of all environmental clearances (e.g . Env ironmental Impa ct Report) or Nolice of Exernplion . I File Uploaded ?! Yes AHD Auth to Use IFor NEPA only, copy of the HUD 7015 .16 "Authority To Use Gran! Funds" or clarify Iha curren t slal us of lhe I ,I FAAST FIie: Grant Funds issuance of the HUD form . File Uploaded ?! Yes (9) If applicable, provide a listing and status of all discrelionar1 local land use entitlem ents and permits , excluding design review , requir ed lo complete the AHO Project that have been granted . submilled or lo be applied for to the appro priate local agencie s, or consistent with local planning documen ts.
Agency / Issuer
General Plan Amendment & ReZone
Land Use Approval
Date
12/5/18
Approval Typ e Comments
Olher
(1 0) Does the Markel study demonslrale lhe AHD Project is financially feasib le? A study Iha/ meets requiremenls specified in TCAC Regs §10322/h)(I0} w,J/ be accepted by HCD . Yes FAAST Fife: AHD Markel Study Provide a completed market study prepared within one year of lhe application due dale . I File Uploaded?! Yes (11) Does applicant or Developer of Project have Site Control for AHO Project? If yes , enter site control form and the most recent execution date below (See Site Control Appendix A) Yes Form of sile con ~ol (See Sile Control in Appendix A): I Fee Tille I Masi recent document execution date :I 10114118 If leasehold estate: I Rent based on restricted land value?! N/A I Is acquisition cost $0 in AHD Dev .I N/A 1 Prepaid lease loan used ? If so answer (a-c) IN/A (a) Fundin?g amount based on the Presenl Value of lease I NIA I (b) Lende r requesting Res. Receipts (natl NIA I (c) Has loan amo unt been entered as a finance cost? NIA payments . permissible)!
Describe any special site-control circumstances .
The site is vested in the name of Wakeland Entrada LP, Wakeland Mission Heritage LLC Is the Managi ng General Partner of the LP. Wakeland Mission Heritage LLC is a wholly owned subsidiary of Wake land Housing and Development Corporation .
FAAST FIie: AHO Sita Control !Appropriate documentation to demo nstrate the form of site control indicated above I Files Uploaded?! Yes FAAST File: AHD Preliminary Tille Report IPTR , thal Is no more lhan 6 months old for Iha AHD Project. I Files Uploaded?! Yes (12) Applicants must demonstrate prior experience by providin g e'li dence of two prior AHO projects similar to the proposed AHSC Projec t ln scope and size, which ha'Je been completed by the applicant during lhe ten years preceding the application due date .
Project Name
Development
Entity
Compl etion Dalo
Project Tenure
I# of unit s
Units per Acre
Commercial (sq .
ft.)
Brief Description
(e.g. number of
units, population
served, etc.)
AHD Past Proiect ff1 AHD Post Project #2
Home Front at Camp Anza
Wakeland Camp Anza LP
5/9/16
Rental
30 15
NIA
30 units reserved for households and veterans families between 30% and 60%, of AMI. The Home Fronl at Camp Anza development includes a 15 ,000 square fool historic World War JI era Officers Club building. The Ollicers Club building houses resident amenities. on-si!e resident services and propeny management offices. The space ls also used as a corrvnunity meeling space for community benefit organizations.
Talmadge Gateway
Wakeland Talmadge Galeway LLC
5131/17
Rental
60 60
500
Talmadge Gateway incudes 60 permanent supponive housing units exclusively reserved for formerly homeless seniors wilh medical conditions that need on•going suppon. Talmadge Gateway includes extensive common area, 7,000 square feet, and a 500 square fool storefront offering new commercial space.
FAAST FIie: Past Exp AHD1 , Past Exp AH02 Cer1ificates of Occupancy for two rece ntly completed affordable housing developments I F!le Uploaded?I Yes (13) We certify as of the applicatio n date, the applicants or the AH O real property is not party lo or the subjec t of any claim or action in the state or federa l courts . Yes (14) We certify that construction of the AHO Project has not commenc ed as of the application deadline set forth in lh e NOF A. Yes (1 9) The AHO Project will not result In the loss or con'lersion of agricu ltural or other working lands , or natural resource lands for olher uses according the Dept. of Conservatio n's Farmland Yes Mapping and Monitoring Program (FMMP) website ?
If "Yes", provi de docume ntation the AHO Project site is not within land designated as agricul tural land per the FMMP tool.
FAAST File: AHD No Ag Demonstrate lhe AHO site is not wilhin land des ignated as agricultural land per FMMP tool. / FIie Uploaded? ! Yes If "No", demons trate that the AHO Project site qualifies as an Infill Site (as defined in Append ix A):
Applicants seek ing an exemption lo the FMMP determination must demonstrate that the AHO Project site I ,I FAAST File: AHD Ag Infill qualifies as an Infill Sile (as defined in Appendix A) File Uploaded? ! NIA (20)(A) We certify the AHO meets lhe underwriting standa rds in Uniform Mullifa mil y Regulations §8300 - §8316 and Multifamily Housing Progr am Guidelines §7312 . Yes (20)(8) We certify the AHO is infeasible without AHSC Program funds , and other commi tted funds are nol and will not be supplanted by AHSC Program funds . Yes (20l(C) If the AHO Project involves involv ing new constru ction or Substantial Rehabilitation and requiring the demolition of existing res idential units are eligible only if the number of bedr ooms in the new Project is at least equal lo the number of bedrooms in t11e demo lished structu res. with equal or grea ter affordability . The new affordable units may exist on separate parcels provided au parcels are part of the same Projec t meeting the requirements of UMR 8303(b) Exp lain below how this requirement Is satisfied In lhe replacement affordable housing deve lopment. If the Project does not in'l olve demo lition or existing affordable units. indica te "NIA" below .
The Enlrada AHD will construct 65 new urnts. in excess of the 56 units removed irom the site and provide a tolal of 145 bedrooms , in excess or the 65 bedrooms which prev iously occupied the site. AU 64 of the 65 total units wlll be available at an affordable housing cost to. households earning at or below 60% AMI. including 13 units reserved for households maki ng at or below 30% (20)(0) We certify the proposed AHO is consistent wilh Stale and Federa l Fair Housing requi rement s includino duties to affirmative ly further fair housing (explain below) . Yes The deve lopment of 65 affordable unils is a significant and rneaningi ul action that changes the develop ment pattern in the Eastside Neighborhood of Riverside and increases fair hous ing choices for low-income hous eho lds and those within a protected class (e.g. race . gender, sexua l orie ntation , national ongin, religion). .A.HSCRS Paue 2 ol 5 J. rl0-HPI
STATE OF CAI IEORNIA - BUSINESS CONSUMEB..S.ERVICES AND HOlJSING AGENCY
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF FINANCIAL ASSISTANC E
2020 W. El Camino Avenue, Suite 670 , 95833
P. 0. Box 952054
Sacrame nto, CA 94252-2054
(9·J6) 263-2771 / FAX (9 16) 263-2763
www.hcd.ca .qov
July 20, 2020
Kenneth L. Sauder , President and
Chief Executive Officer
Wakeland Housing and Development
Corporation
1230 Columbia Street , Suite 950
San Diego , CA 92101
Al Zelinka, City Manager
City of Riverside
3900 Main Street
Riverside, CA 92522
RE: Award Announ cement-AHSC Program Round 5 FY 2018-19 PIN 45497 - Entrada
Dear Kenneth L. Sauder and Al Zelinka :
The California Department of Housing and Community Development (Department) and the Strategic Growth Council are pleased to announce that Entrada has been awarded an Affordable Housing and Sustainable Communities (AHSC) Program award in the amount of $22,121,206 . This letter constitutes notice of the award as approved by the Strategic Growth Council on 06/25/2020 of the following AHSC Program funds:
Contract Number
Contract Number
Congratulations on a successful application . For further information , please contact Craig Shields, Branch Chief, Program Design and Implementation - Climate Change , at (916) 263-7495 or Craig.Shields@hcd .ca.gov.
Jennifer P. Seeger
Acting Deputy Director
EXHIBIT "B"
Labor Code Requirements of Round 5 AHSC Guidelines and California Department of Housing and Community Development Uniform Multifamily Housing Regulations 14 1628\09\2872176.3
Section 113. Prevailing Wages
For the purposes of the State Prevailing Wage Law (Labor Code Sections 1720 - 1781 ), a grant or loan under the AHSC Program shall be considered public funding for the construction, rehabilitation, demolition, relocation , preservation, or other physical improvement of the Capital Project subject to the provisions of the State Prevailing Wage Law. AHSC Program funding of the Project shall not necessarily, in and of itself, be considered public funding of a Project unless such funding is considered public funding under the State Prevailing Wage Law. It is not the intent of the Department in these regulations to subject Projects to the State Prevailing Wage Law by reason of AHSC Program funding of the Project in those circumstances where such public funding would not otherwise make the Project subject to the State Prevailing Wage Law. Although the use of AHSC Program funds does not require compliance with federal Davis Bacon wages, other funding sources may require compliance with federal Davis Bacon wages .
FY 2018-19 AHSC Program Guidelines - 53- October 31, 2019 EXHIBIT "C"
RTA Entrada STI and TRA Scope of Work
Riverside Transit Agency (RTA)
Entrada Sustainable Transportation Infrastructure (STI) and Transportation Related Amenities (TRA) Scope of Work
20-AHSC-14692
STI Project Summary
Project Brief Description Address City Zip County
Name
RTA Transit Expand RTA multi-modal transit hub 4066 Vine Riverside 92507 Riverside Hub to accommodate 2 additional bus Street
Expansion bays, ride~driveramen~es, and
urban greening components .
-c- Improvements will serve RTA route
~
i= 22 and OmniTrans Route 215.
(/)
TRA Project Summary
Project Brief Description Address City Zip County Name
RTA Bus Stop Publicly accessible capital NWC and Riverside 92507 Riverside Improvements improvements that provide amenities SWC of to cyclists , pedestrians and transit Chicago
riders at three (3) bus stops: #171 O; Ave. &
-c- # 1757 and # 1787 and at the transit University ~
~
hub expansion . Improvements will Ave; W/S
I- include but not be limited to: ADA of Chicago
improvements, bus shelters , Ave. south
benches, signage , lighting, trash of
receptacles. University
Avenue.
EXHIBIT "D"
RTA Entrada STI and TRA Budget
Sustainab le Transportation Infrast ructure (STI) Budget If proposing multiple distinct STI Caplt;il Projects, provide detail for each Project In separ;ite budgets below . Amounts from each budget will autosum al the bottom . The sum wlll be used to determine the total STI fun ds requested and cost cap.
Cost Category
PA & ED (Environmental)
Plan Specification and Estimates
Other: Acquisitio n
Right or way support costs
Site or right of way acquisition ror Cap. Improvement
Pro'ect
Other:
Clearing and Grubbing
Demolition
Grading
Soil Stabi1ization(Lime , etc.)
Erosion/Weed Control
Dewatering
Other:
Total S1te Preparation
Sanitary Sewer
Irrigation
Storm Drain
Detention Basin/Culverts
Other;
otal Sile Ut1ht1es
Aggregate Base
Asphalt Pavement
Sidewalk , Curb and Gutter
Streetlights
Striping/Ba rricades {Bicycle Facilities)
Signage
Crossing and Traffic Signals
Roundabouts , median islands or curb extensions
Other traffic calming surface improvements
Other:
Other :
Total Complete Streets Improvements - Construction
Striping/Barricades (for dedicated bus lanes)
Sidewalk, Curb and Gutter
Street Lights
Signage
Signaling Prioritization Technology
Boarding infrastructure
Sealing/Benches
Bus/Trans it Shelters
Vehicles
Other ITS Techno logy
Olher :
Other:
Urban Greening
Other :
Other:
Applicant: Provide Name of Impact Fee
Applicant: Provide Name of Impact Fee
Other :
Other:
Other:
Other:
Total STI #1 Budgeted Project Costs
RTA- RTA - Stale RTA-Low FTA FY13 Western
Federa l Carbon Riverside
STI GRANT Transit Transit Transit FTA FYOJ, Local FTAFY16 Council Administral Assistance Operations FY04 5309 Transportal STA Maleh Govnmts . - Ion FY 07 FY15 Program Ion Funds TUMF
STI BUDGET #1
554,329
$0 $0 $0 $0 $54,329 $0 $0 $0
554,329
$0 $0 $0 $0 $54,329 $0 $0 $0
575.000
5161,047
550,000
$50,000
$75,000 $0 $0 $0 $0 $261,047 $0 $0
$208,827
586,905
S200,000
S200,000
$0 $0 $0 $0 $0 $0 $208,827 $486,905
$900,000 $406,726 S900,000
$162,693 5649,999
556.B22 S51B,096
S100,000
$50.000
5200,000
$1,150,000 $406,726 $162,693 $58,822 $0 $0 $0 $2,168,095 S100.000
s200.000
S500,000
$100,000
$200,000
S75,000
$200,000 $0 $0 $0 $0 $0 $0 $975,000
$75,000
$75,000 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$1,500,000 $406,726 S162,693 $58,822 $108,658 $261,047 $208,827 $3,630 ,000 Explain unusual or extraordinary circumstances that have resuned in higher than expected project costs : provide a jus/ifica/ion as lo why these costs are reasonable .
STI BUOGET#2
PA & ED (Env ironmenta l)
Plan Specification and Estimates 5143,750
Other:
$143,750 $0 $0 $0 $0 $0 $0 $0
5230,000
otal Right of Way (not related to parking) S230,000 $0 $0 $0 $0 $0 $0 $0 Clearing and Grubbing
Demolition
Grading
SOit Stabilization (Lime , etc.)
Erosion/\l\leed Control
Dewatering
Other:
Total S1te Preparation $0 $0 $0 $0 $0 $0 $0 $0
Sanitary Sewer
Irrigation
Storm Drain
Detention Basin/Culverts
Other :
Total Sile Ut1l1t1es $0 $0 $0 $0 $0 $0 $0 $0
Aggregate Base
Asphalt Pavement
Sidewalk, Curb and Gutter 5420,000
Streetlights
Stnptng/Barricade s (Bicycle Facilities) 5361,162
City of Source
Riverside Name
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$8,100
$8,100 $0
$0 $0
$0 $0
$0 $0
Sou rces
Total
$0
$54,329
$0
$54,329
$0
$54,329
$0
$54,329
$75,000
$0
$161,047
$50,000
$50,000
$0
$0
$336,047
$208,827
$86,905
$200,000
$200,000
$0
$695,732
$2,208,726
$812,692
$576,918
$100,000
$50,000
$200,000
$0
$0
$0
$0
$0
$3,946,336
$100,000
$200,000
$500,000
$100,000
$0
$200,000
$0
$75,000
$0
$0
$0
$0
$1,175,000
$75,000
$0
$0
$75,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$6,336,nJ
so
$151,850
so
$151,850
$230,000
so
$0
$230,000
$0
so
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$420,000
$0
$361,162
Comments
Transportation Related Amenities (TRA) Budget
If proposing multiple distinct TRA Capital Projects, provide detail for each Project in separate budgets below. Amounts from each budget will autosum at the bottom. The sum will be used to determine the total TRA funds requested and cost cap.
Cost Category TRA Grant Source Source Source Source Source Source Source Source Sources Comments Name Name Name Name Name Name Name Name Total TRA BUDGET #1
PA & ED (Environmental ) $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
Demolition $0
Grading $0
Soil Stabilization (Lime , etc.) $0
Erosion/Weed Control $0
Dewatering $0
Other: $0
Total Site Preparation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Sanitary Sewer $0
Irrigation $0
Storm Drain $0
Detention Basin/Culverts $0
Other : $0
Total Site Utilities $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Aggregate Base $0
Asphalt Pavement $0
Sidewalk , Curb and Gutter $0
Street Lights $0
Striping/Barr icades (Bicycle Facilities) $0
Signage $0
Crossing and Traffic Signals $0
Roundabouts , median islands or curb extensions $0
Other traffic calming surface improvements $0
Other: $0
Total Complete Streets Improvements - Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Striping/Barr icades (for dedicated bus lanes) $0
Sidewalk, Curb , and Gutter $105,000 $105,000
Street Lights $95 ,000 $95,000
Signage $30 ,000 $30,000
Signaiing Prioriiization Technology $0
Boarding infrastructure $98 ,826 $98,826
Seating/Benches $50 ,000 $50,000
Bus/Tran sit Shelters $75 ,000 $75,000
Other ITS Technology $0
Other: $0
Other: $0
Total Transit Station or Stop - Construction $453,826 $0 $0 $0 $0 $0 $0 $0 $0 $453,826 Street Furniture $0
Bicycle Repair Kiosks $0
Bicycle Storage or Parking $0
Urban Greening $0
Landscaping $0
Drinking Fountains $0
Other: $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$453,826 $0 $0 $0 $0 $0 $0 $0 $0 $453,826
Explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justification as to why these costs are reasonable .
TRA BUDGET #2
PA & ED (Environmental) $0
Plan Specification and Estimates $0
Other: $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
Demolition $0
Grading $0
Soil Stabilization (Lime , etc.) $0
Erosion/Weed Control $0
Dewatering $0
Other: $0
Total Site Preparation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Sanitary Sewer $0
Irrigation $0
Storm Drain $0
Detention Basin/Culverts $0
Other: $0
Total Site Utilities $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Aggregate Base $0
Asphalt Pavement $0
Sidewalk , Curb and Gutter $0
Street Lights $0
Striping/Barricades (Bicycle Facilities) $0
Signage $0
Crossing and Traffic Signals $0
Roundabouts , median islands or curb extensions $0
Other traffic calming surface improvements $0
Other: $0
Total Complete Streets Improvements - Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Striping/Barricades (for dedicated bus lanes) $0
Sidewalk , Curb, and Gutter $50 ,031 $50,031
Street Lights $500 ,000 $500,000
Signage $0
Signaling Prioritization Technology $0
Boarding infrastructure $0
Seating/Benches $0
Bus/Transit Shelters $0
Other ITS Technology $0
Other: $0
Other: $0
Total Transit Station or Stop - Construction $550,031 $0 $0 $0 $0 $0 $0 $0 $0 $550,031 Street Furniture $0
Bicycle Repair Kiosks $0
Bicycle Storage or Parking $0
Urban Greening $0
Landscaping $0
Drinking Fountains $0
Other: $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$550,031 $0 $0 $0 $0 $0 $0 $0 $0 $550,031
Explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justifi cation as to why these costs are reasonable.
TRA BUDGET #3
PA & ED (Environmental ) $0
Plan Specification and Estimates $0
Other: $0
Total Preliminary Engineering $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Right of way support costs $0
Site or right of way acquisition for Cap. Improvement Project $0 Other: $0
Total Right of Way (not related to parking) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Clearing and Grubbing $0
Demolition $0
Grading $0
Soil Stabilization (li me, etc.) $0
Erosion/W eed Control $0
Dew ate ring $0
Other: $0
Total Site Preparation $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Sanitary Sewer $0
Irrigation $0
Storm Drain $0
Detention Basin/Culverts $0
Other: $0
Total Site Utilities $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Aggregate Base $0
Asphalt Pavement $0
Sidewalk, Curb and Gutter $0
Street Lights $0
Striping/Barricades (Bicycle Facilities) $0
Signage $0
Crossing and Traffic Signals $0
Roundabouts , median islands or curb extensions $0
Other traffic calming surface improvements $0
Other: $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
Sidewalk, Curb, and Gutter $0
Street Lights $0
Signage $0
Signaling Prioritization Technology $0
Boarding infrastructure $0
Seating/Benches $0
Bus/Transit Shelters $0
Other ITS Technology $0
Other: $0
Other: $0
Total Transit Station or Stop - Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Street Furniture $0
Bicycle Repair Kiosks $0
Bicycle Storage or Parking $0
Urban Greening $0
Landscaping $0
Drinking Fountains $0
Other: $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0
$0
$0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Explain unusual or extraordinary circumstances that have resulted in higher than expected project costs; provide a justification as to why these costs are reasonable .
TOTAL TRANSPORTATION RELATED AMENITIES (TRA) BUDGET
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Site Utilities $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Com lete Streets Im rovements - Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Transit Station or Sto - Construction $1,003,857 $0 $0 $0 $0 $0 $0 $0 $0 $1,003,857 Total Landscaping , Amenities , Green Infrastructure $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Impact Fees $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Total Activity Delivery Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Other Capital Asset Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total TRA Budgeted Project Costs $1,003,857 $0 $0 $0 $0 $0 $0 $0 $0 $1 ,003,857 Signage
c,ossing and Traffic Signals 5718 ,344
Roundabou ts, median islands or cu1b extensions
Other traffic calming surface improvements
Other:
Other:
Total Complele Streets Improvements - Construction S1,499,506 so so so so StripingfBa rricades (for dedicated bus lanes)
Sidewalk , Curb and Gutter
Streetlights
Signage
Signaling Prioritization Technology
Boarding infrastructure $343,904
Seating/Benches
BusfTransit Shelters
Vehicles
Other ITS Technology
Other:
Other:
otal Transit and Statton Areas - Construction $343,904 so so SD U,ban Greening
Other:
Othe, :
otal Landscaping, Amemt1es, Green lnffastruclure so so so Applicant Provide Name of Imp act Fee
Applicant: Provide Name of Impact Fee
otal Impact Fees SD so so so so
Other:
Other:
otal Act1v1ty Dehvery Costs
Other:
Other:
otal Other Capital Asset Costs
Total STI #2 Budgeted Project Costs $2,217,160 so so
EK plain unusual or ex traordinary circums tances that have resulted in higher than expected project costs: provide a justification as to why these costs are reasonable .
PA & ED (Environm ental)
Plan Specification and Estimates
Other:
Right of way support costs
Site or right of way acquisition for Cap. Improvem ent
Project
Other:
Clearing and Grubbing
Demolition
Grading
Soil Stabilization (Lim e, etc.)
Erosion/We ed Control
Oewatering
Other :
Total Sile Preparat1on
Sanitary Sewe r
Irrigation
Storm Drain
Detention Basin/Culverts
Other:
Total Sile Ut1l1t1es
Aggregate Base
Asphalt Pavement
Sidewal k, Curb and Gutter
Street ligh ts
Striping/Barricades (Bicycle Facilities)
Signage
Crossing and Traffic Signals
Roundabo uts, median islands or curb extensions
Other traffic calming surface improvements
Other:
Other :
otal Complete Streets Improvements - Conslfuct1on
StripingfBa rricades (for dedicaled bus lanes)
Sidewalk, Curb and Gutter
Street Lights
Signage
Signaling Priori tization Technology
Boarding infrastructure
SeatingfBenches
BusfTransit Shelters
Vehicles
Other ITS Technol ogy
Other :
Other :
Urban Greeni ng
Other:
Other :
Applicant: Provide Name of Impact Fee
Applicant: Provide Name of Impact Fee
Other :
Other :
Other:
Other:
Total sn #3 Budgeted Proj ect Costs
STI BUDGET #J
so so
so so so so SD
so so so so so so so so
so so so so so so so
5221.000
550,000
583,985
$54,350
$409 ,335 so so
so so so so so so so so
so so so so so so so so
so so so so s o s o s o s o
so so so so so so so so
so SD so so so so so so
S409,335 so so so so so so so
Explain unusual or extraordinary circumstances /hat have resulted m higher than expected project costs: provide a Justification as to why these costs are reasonable .
TOTAL SUSTAINABLE TRA NSPORT ATION INFRASTRUCTURE (STI) BUDGET so so
so so
so
so so
so so
so so
so so
so so
so so
so so
so SD
so so
so
$718 ,344
so
so
so
$1,499,506
so
so
so
so
so
$343 ,904
so
so
so
so
so
so
$343 ,904
SD
so
SD
so
so
so
so
so
$2,225,260
SD
so
so
so
so
SD
so
so
so
so
so
so
so
so
so
so
so
so
$221,000
$50,000
$83,985
S54,350
so
so
$409,335
so
so
so
so
so
so
so
so
so
so
so
SD
SD
so
so
so
so
so
so
so
$409,335
Total Prclimlnarv En ineerfnn $143,750 so so so $54,329 so so so $8,100 so $206,179 Total Rloht ofWav lnot related to n.-.rklnnl $230,000 so so so $54,329 so so so so so $284,329 Total Site Preoaration 575,000 so so so so $261,047 so so so so $336,047 Total Site Utilities so so so so so so $208,827 $486,905 so so $695,732 Total Com lete Streets lmnr ovements. Construction $3,058 ,841 $406,726 $162 ,693 $58 ,822 so so so $2,168 ,095 so so $5,855,177 Total Transit and Station Areas . Construction $543 ,904 so so so so so so $975 ,000 so so $1,518 ,904 Total Landsca ina, Amenities, Green Infrastructure $75,000 so so so so so so so so so $75,000 Total lmoacl Fees so so so so so so so so so so so
Total Activitv Deliverv Costs so so so so so so so so so so so Total Other Caoital Asset Casis so so so so so so so so so so so Total STI Budgeted Project Costs $4,126,495 $406,726 $162,693 $58 ,822 $108 ,658 $261,047 $208 ,827 $3,630,000 $8,100 so $8,971,368