HomeMy WebLinkAboutCALIFORNIA, STATE OF (2) o 1,C9a((2)
lbyo"07) STATE OF CALIFORNIA-DEPARTMENT OF GENERAL
SCQ ID: A-2025-216
SERVICES
o STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if applicable)
STD 213(Rev.0412020) 25-CALHOME-18740
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1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
Q CONTRACTING AGENCY NAME
Department of Housing and Community Development
0eyo CONTRACTOR'S NAME
City of Santa Ana
U
Xy 2.The term of this Agreement is:
U START DATE
Upon HCD Approval
L u
'L o THROUGH END DATE
42 months from date of Execution
ca.
) 3.The maximum amount of this Agreement is:
$4,893,250.00
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 TITLE PAGES
Exhibit A Authority,Purpose and Scope of Work 5
Exhibit B. Budget Detail and'Payment Provisions 3
Exhibit C* State of California General Terms and Conditions GTC-0212025
Exhibit D CalHome Program Terms and Conditions 17
Exhibit E Program Specific Provisions&Special Conditions g
TOTAL NUMBER OF PAGES ATTACHED 30
Items shown with an asterisk O,are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at hops://www.dgs.ca.gov/OLS/Resources
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.)
City of Santa Ana
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
See Attached See Attached See Attached See Attached
PRINTED NAME OF PERSON SIGNING TITLE
See Attached See Attached
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
See Attached See Attached
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
651 Bannon Street Suite 400 Sacramento CA 95811
PRINTED NAME OF PERSON SIGNING TITLE
Contract Services Secdon Manager
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
California Department of General Services Approval(or exemption, if applicable)
Exempt per;SCM Vol. 1 4.04.A.3(DGS memo dated 0611211981)
STATE OF CALIFORNIA City of Santa Ana
STANDARD AGREEMENT 25-CALHOME-18740
STD 213 (Rev.04/2020)
Page 2 of 2
CONTRACTOR
City of Santa Ana
a California ch er and munici c ation
By; Date:
Alvaro Nunez
City Manager
Address:
20 Civic Center Plaza
Santa Ana, CA 92701
ATTEST: s•r rn
u'wifer . Ha
UY Cler.
City of Santa Ana
25-CalHome-18740
Page 1 of 5
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority
This Standard Agreement along with all its exhibits (hereinafter collectively "the
Agreement") is being entered into pursuant to the CalHome Program (the "Program")
(Chapter 6 of Part 2 of Division 31 of the Health and Safety Code, commencing with
section 50650 (the "Statute")), and the CalHome Program Final Guidelines, as found on
HCD's website, dated December 12, 2024, as amended and in effect from time to time,
(the "CalHome Guidelines" or "Guidelines").
Chapter 365, Statues 2017 (SB 3), adopted by voters on November 6, 2018, as
Proposition 1, provides additional funding and authority for CalHome. Health & Safety
Code, section 54014, subdivision (b) gives HCD authority to implement Proposition 1
funds by utilizing Guidelines. Pursuant to subdivision (b), such Guidelines are exempted
from the requirements of the California Administrative Procedures Act (Chapter 3.5 of
Part 1 of Division 3 of Title 2, commencing with § 11340 of the Government Code) and
pursuant thereto, the CalHome Guidelines were adopted. In addition, Chapter 159,
Statutes of 2019, Section 34 (Assembly Bill [AB] 101), effective June 27, 2019, allows
CalHome funds to serve households that are victims of a disaster up to 120 percent of
Area Median Income (AMI). AB 101 also allows the CalHome Program to fund the
construction, repair, reconstruction, or rehabilitation of Accessory Dwelling Units (ADUs)
or Junior Accessory Dwelling Units (JADUs).
The Guidelines were amended on December 30, 2022, to implement Assembly Bill (AB)
434 (Chapter 192, Statutes of 2020), which amended H.S.C. §50517.5. AB 434 required
the Department to harmonize the Joe Serna, Jr. Farmworker Housing Grant Program
(the "Serna Program") with the CalHome Program in the following two respects:
A. This Standard Agreement is entered into pursuant to, and in furtherance of the
purpose of, the Program. The California Department of Housing and Community
Development (the "Department") has issued that certain Notice of Funding
Availability, dated December 12, 2024, as Amended January 14, 2025, as
Amended January 17, 2025, (the "NOFA") to set forth the terms and conditions
of the offering of the funds and carry out the Program.
B. In accepting this conditional reservation of funds, the Contractor agrees to
comply with the terms and conditions of this Agreement, the NOFA under which
the Contractor applied, the representations contained in the Contractor's
application for this funding allocation (the "Application"), and the requirements
of the authorities cited above.
HOSN-CalHome Homeownership 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 2 of 5
EXHIBIT A
2. Purpose
The purpose of the CalHome Program is to assist development projects involving
multiple home ownership units, including single-family subdivisions, for lower-income
households.
The Statutes, Guidelines, and Agreement, in effect and as amended from time to time,
shall collectively be referred to as the "Program Requirements." The Work (as
hereinafter defined) authorized by this Agreement shall be performed according to the
Program Requirements.
3. Definitions
Any terms in this Agreement which are not otherwise defined shall have the meaning
set forth in Guidelines Appendix A.
4. Scope of Work
A. The Contractor shall perform the Scope of Work ("Work") as described in the
Application, which is on file at the Department of Housing and Community
Development, Division of Financial Assistance, 651 Bannon Street Suite 400,
Sacramento, California, 95811, and which is incorporated herein by reference. All
written materials or addenda to the original application, as approved or requested
by the Department and which are approved in writing by the CalHome Program
Manager or higher Departmental official, as appropriate, are hereby incorporated
as part of the Application.
B. In the event of a conflict between the description of the Work in the application
and as described in this Exhibit A, the description in this Exhibit A shall prevail.
The Department reserves the right to require the Contractor to modify any or all
parts of the Application to comply with the Statute and Guidelines. The
Department reserves the right to review and approve all Work to be performed by
the Contractor in relation to this Agreement. Any proposed amendment to the
Work must be submitted in writing for review and approval by the Department.
Any approval shall not be presumed unless such approval is made by the
Department in writing.
C. The Work for this Agreement shall consist of one or more of the following
activities, undertaken by or on behalf of the Contractor, within the Program
Project Area:
1) Homeownership Project Development Loans:
HOSN-CalHome Homeownership 2024
NOFA Date: 12112/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 3 of 5
EXHIBIT A
Homeownership Project Development Loans ("Project Loans")
(commencing with Guidelines § 400) for conditional awards of
development loans to the Contractor to be used for land acquisition,
predevelopment costs, and on-site improvements. Project Loans shall
convert to grants once the homes are built, and mortgage assistance is
provided to each household. Any remaining Project Loan amount not used
for mortgage assistance is repayable to the Department.
2) Technical Assistance for Self-Help Housing Projects:
Technical Assistance for Self-Help Housing Projects (SHTA) (commencing
with Guidelines § 401), which will aid eligible households in carrying out
owner-builder housing efforts, including construction training and
supervision.
3) Mortgage Assistance:
First Time Homebuyer Mortgage Assistance Program (MA) (commencing
with Guidelines § 402) shall consist of providing Mortgage Assistance
loans to households at or below 80 percent of AMI funds, for the purpose
of this activity, can only be used as defined in Guidelines section 402.2.
4) Owner-Occupied Rehabilitation:
Owner-Occupied Rehabilitation Assistance (OOR) (commencing with
Guidelines § 403) shall consist of loans to households at or below 80
percent of AMI. Manufactured Housing is eligible, including replacement of
a manufactured home pursuant to Guidelines section 403.2, subdivision
(e), whether located in Mobilehome Park or elsewhere. The repair, full
reconstruction, or the addition of an Accessory Dwelling Unit (ADU) or
Junior Accessory Dwelling Unit (JADU) is also eligible. CalHome funds, for
the purpose of this activity, can only be used as defined in Guidelines
section 403.
5) Technical Assistance for Shared Housing:
Technical Assistance for Shared Housing Programs (SHP) funds the
provision of services required to match a homeowner provider with a
seeker.
6) Accessory Dwelling Units/Junior Accessory Dwelling Units
HOSN-CalHome Homeownership 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 4 of 5
EXHIBIT A
ADU/JADU Programs (commencing with CalHome Program Guidelines
section 405) for gap loans for ADUIJADU construction, reconstruction,
repair, or rehabilitation to households at or below 80 percent of AM I.
7) 120 Percent of AMI Activities:
Any of the foregoing activities may be operated and provided to
households up to moderate incomes where the conditions of Health &
Safety Code, section 50650.3, subdivision (g) are met. To qualify, a
Household must be a victim of a disaster and must be located in a county
where one of the following has occurred:
(a) The Governor has proclaimed a state of emergency, pursuant to
Section 8625 of the Government Code, resulting from a disaster, as
defined in Section 8680.3 of the Government Code.
(b) A special appropriation of federal emergency supplemental as
instance or a presidential declaration of disaster has occurred.
5. Administrative Cost
The maximum amount of Administrative Costs that may be drawn for each specific
activity shall be set by the Department. Direct administrative costs are eligible expenses
whereas indirect costs are not.
A. Homeownership Development Project Loans
The portion of the Homeownership Development Project Loan that is used to
provide Mortgage Assistance will be converted to a Grant to the Contractor and
the provisions of Section §402 of the 2024 CalHome Guidelines, including the
provisions of Section §402.2(d) regarding administrative costs, shall apply to that
Grant. The balance of the development Loan will be repaid to the Department.
B. Sefl-HelpTechnical Assistance Project
Administrative costs of providing Technical Assistance for the Project funded by
the Department including, but not limited to, wages, salaries, and fringe benefits
of clerical and management personnel and payment for rent, utilities,
communications, printing, and travel expenses. For a Project that provides both
Assisted Housing Units as well as non-assisted units, eligible administrative
costs include only the administrative costs for the Assisted Housing Units; the
Contractor may calculate eligible administrative costs based on the percentage of
Project units that are Assisted Housing Units.
HOSN-CalHome Homeownership 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-I8740
Page 5 of 5
EXHIBIT A
C. Mortgage Assistance:
Administrative costs for the Mortgage Assistance Program funded by the
Department including, but not limited to, loan closing costs, wages, salaries, and
fringe benefits of Program, clerical and management personnel, and payment for
rent, utilities, communications, printing, and travel expenses. Administrative costs
shall not exceed 10 percent of the total of CalHome Mortgage Assistance
disbursements (advances or reimbursements). Administrative costs must be
justified for the type and complexity of the Activity, and the Contractor must
maintain records to satisfactorily document these charges. This requirement may
be satisfied through documents such as invoices, receipts, time tracking, or other
documentation of valid Program expenses.
D. Owner-Occupied Rehabilitation
Administrative costs for the Owner-Occupied Rehabilitation Program funded by
the Department including, but not limited to, loan closing costs, wages, salaries
and fringe benefits of Program, clerical, and management personnel, and
payment for rent, utilities, communications, printing, and travel expenses.
Administrative costs shall not exceed 20 percent of the total of CalHome Owner-
Occupied Rehabilitation disbursements (advances or reimbursements).
Administrative costs must be justified for the type and complexity of the Activity,
and the Contractor must maintain records to satisfactorily document these
charges. This requirement may be satisfied through documents such as invoices,
receipts, time tracking, or other documentation of valid Program expenses.
6. Department Contract Coordinator
The coordinator of this Agreement for the Department is the CalHome State Grant
Management Manager, or their designee. Unless otherwise informed, any notice, report,
or other communication required by this Agreement shall be emailed to
Cal Home Reports@a hcd.ca.gov
HOSN-CalHome Homeownership 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 1 of 3
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Budget Detail
A. Contractor has received an awarded for the grant or loan activities described in
Exhibit E, Section 1, Budget Details, of this Agreement. Contractor agrees and
acknowledges that the Development Budget and Project Sources more
particularly described in Exhibit E, Section 1, Budget Details, are true and correct
to its actual or constructive knowledge.
B. For the purposes of performing the Work described in this Agreement, the
Department agrees to provide the aggregate amount identified on page 1,
Section 3 of the Standard Agreement, STD 213, in the form of a grant ("Grant')
or, in the case of a Homeownership Development Loan, a Project Loan, for the
uses identified in the Sources and Uses. In no instance shall the Department be
liable for any costs for Work in excess of this Agreement amount, or for any
unauthorized or ineligible costs as set forth in the Program Requirements.
2. Conditions of Disbursement
A. Funds are not obligated to a Borrower prior to the date this Standard Agreement
is fully executed by both the Contractor and the Department. Funds will be
released only after the Standard Agreement is fully executed by both the
Contractor and the Department, and after the Department has reviewed and
approved in writing the following Contractor submissions:
1) Loan servicing plan in compliance with Guidelines section 206.
2) The Contractor shall submit its own Program Guidelines for review and
approval by the Department for each funded activity identified in Exhibit E
and in compliance with Guidelines section 204. These Program
Guidelines, at a minimum, shall include:
(a) Participant eligibility requirements;
(b) Property eligibility requirements;
(c) Underwriting requirements including maximum Loan-to-Value limits
and debt to income ratio's;
(d) Loan terms for assistance loans to participants;
(e) Occupancy requirements;
(f) Eligible and ineligible costs for payment with CalHome funds;
(g) Homebuyer education requirements for Mortgage Assistance
Activities pursuant to Guidelines section 205; and
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 2 of 3
EXHIBIT B
(h) Program marketing plan.
3) Loan document templates.
4) Reuse Agreement acceptable to the Department in compliance with
Guidelines section 207, which includes verification of established
separately maintained Reuse Account.
5) Fully executed 20-year Monitoring Agreement between the Contractor and
the Department, as described in the 2024 CalHome Guidelines.
6) Third party contracts for the administration of any of the above functions
shall require the Contractor to submit copies of the proposed contract prior
to execution (including future amendments) to be reviewed and accepted
by the Department.
7) To the extent applicable, no funds will be disbursed until the Bureau of
Indian Affairs (BIA) has issued any and all approvals as may be required
with respect to a tribal housing project located on land held in trust by the
BIA, such as approvals for any residential lease, lease rider, and/or
declaration of restrictive covenant required by the Department.
8) To the extent applicable, no funds may be disbursed until the Department
is in receipt of the BIA approved Ground Lease as defined in Section 3.E
of Exhibit D.
3. Payment Provisions
A. Prior to requesting any funds, the Contractor shall submit the following:
1) Payee Data Record STD 204 or TIN Form (as applicable).
B. Funds may be requested as either a reimbursement or as an advance pursuant
to Guidelines section 601 and as described in the NOFA under which these
funds were awarded. Advances may include, but are not limited to, any of the
following:
1) Homeownership Project Development Loan disbursements;
2) Advances of up to 25 percent of the award for either SHTA;
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CalHome-18740
Page 3 of 3
EXHIBIT B
3) Advances of up to 25 percent of the award for OOR Rehabilitation up to
the Contractor's anticipated volume of closed Loans for the following 60-
day period; and
4) Advances of up to 25 percent of the award to escrow for MA Loan's.
C. All Contractors shall reconcile any and all advances within 90 days.
Documentation showing at least two-thirds of the funds previously released for
the Work were expended shall be submitted to the Department before another
advance request is processed.
D. Contractors shall also consistently complete quarterly and annual performance
reports and up to date submissions as required before another advance request
is processed.
E. The Department shall not authorize payments unless it determines, in its sole
discretion, that the Program funds shall be expended and disbursed in
compliance with the terms and conditions of the Program Requirements, and, if
applicable, a Development Agreement.
F. The Department reserves the right.to request copies of any documentation at any
time prior-to, or after the processing of any draw request.
G. All fund requests whether advance or reimbursement must be requested on a
form provided by the Department and accompanied by the required supporting
documentation.
4. Performance Deadlines
In addition to any other deadlines contained herein, Contractor shall fully and timely
observe and satisfy all deadlines and time requirements set forth in Exhibit E, Section 2,
Time of the Agreement and Deadlines, of this Agreement. Time is of the essence in this
agreement and Contractor agrees to use all due diligence to have all the Work specified
in this Agreement entirely completed on or before the dates set forth in this Agreement.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CALHOME-18740
Page 1 of 17
EXHIBIT D
CALHOME PROGRAM TERMS AND CONDITIONS
1. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department representative's
signature on page one of the fully executed Standard Agreement, STD 213, (the
"Effective Date").
B. Pursuant to the HOSN NOFA, the Contractor agrees that Construction Work shall
not commence prior to the application date. Program funds are not available until
after the Standard Agreement is fully executed. Eligible costs incurred post
application date may be reimbursable after the Standard Agreement is fully
executed, subject to completion of all required environmental clearances, and
compliance with the applicable conditions of this Agreement.
C. The Contractor agrees that the Work shall be completed in accordance with this
Agreement.
2. Sufficiency Funding
A. This Agreement is valid and enforceable only if sufficient funds are made
available to the Department for the purposes of the CALHOME Program and
such funds shall be disbursed in accordance with the CALHOME program as
determined by the Department in its sole and absolute discretion. In addition, this
Agreement is subject to any additional restrictions, limitations, or conditions
enacted by the State Legislature, promulgated in state regulations, Guidelines, or
any state statute which may affect the provisions, terms, or funding of this
Agreement in any manner.
B. The parties to this Agreement mutually agree that if the State Legislature does
not appropriate sufficient funds for the CalHome Program to fully fund the
amount set forth in this Agreement, the Department, at its sole discretion, may
either amend the Agreement to reflect any reduction in funds, or it may
unilaterally cancel the Agreement with 14 days written notice to the Contractor.
C. Unless otherwise approved by the Department, upon termination or cancellation
of this Agreement, the Contractor shall complete all Work in progress and
terminate any other activities that were to be paid for with CalHome funds.Any
unexpended funds received by the Contractor shall be returned to the
Department within 14 days of the Notice of Termination or Notice of Cancellation.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOM E-18740
Page 2 of 17
EXHIBIT D
3. Contractor's Application_or Funds
A. The Contractor has submitted to the Department an Application for funding under
the CalHome Program, The Department is entering into this Agreement based
on, and in substantial reliance upon, Contractor's facts, information, assertions,
and representations, contained in that Application, and in any subsequent
modifications or additions thereto approved by the Department in writing. The
Application and any approved modifications and additions thereto are hereby
incorporated into this Agreement.
B. The Contractor hereby represents and warrants to the Department that all
information, facts, assertions, representations, and warranties contained in the
Application (collectively the "Representations") and approved modifications and
additions thereto are true, correct, and complete to the best of Contractor's actual
and constructive knowledge, both as of the date of the Application and as of the
date hereof. In the event that any part of the Application, including but not limited
to, the Representations and any approved modification and addition thereto is, at
any time during the term of this Agreement, untrue, incorrect, incomplete, or
misleading in such a manner that could reasonably affect the Department's
approval, disbursement, or monitoring of the funding and the Project Loans or
Grant activities governed by this Agreement, then the Department may declare a
breach hereof and take such action or pursue such remedies as are provided for
breach hereof. All Representations Contractor shall indefinitely survive the
expiration or earlier termination of this Agreement.
C. The Department shall not be obligated to fund a CalHome loan or a grant activity
unless the Contractor has complied with and satisfied all the applicable terms
and conditions of the following, all in a manner satisfactory to the Department in
its sole and absolute discretion, on or before the earlier of the CalHome loan
closing or the execution of this Agreement:
1) The Program Requirements, as defined in Exhibit A,
2) All program legal documents including, but not limited to, this Agreement
and the Monitoring Agreement; and,
3) The Representations made in the Application and associated materials.
D. The Contractor shall demonstrate that it has the full power and authority to
occupy, control, and manage the real property on which the Project will be
located and to undertake all of its obligations under this Agreement. The
Contractor shall do all things necessary to preserve and to keep in full force and
HOSN-Callome 2024
NOFA Date: 12112/24, Amended 1/1412025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOM E-18740
Page 3 of 17
EXHIBIT D
effect its existence, rights and privileges, and shall comply with all regulations,
rules, ordinances, statutes, orders and decrees of any governmental, quasi-
governmental, and/or tribal authority or court applicable to the Contractor and the
Contractor's business or other entity subject to the Agreement.
E. If the Contractor is a Federally Recognized Indian Tribe or a Tribally Designated
Housing Entity (TDHE) as defined at 25 U.S.0 section 4103(22) or Health and
Safety Code section 50104.6.5, that has entered into a ground lease with the
Borrower for the right to occupy the real property where the Project is located,
the Contractor shall do all things necessary to preserve and to keep in full force
and effect the leasehold interest, rights and privileges, and shall comply with all
regulations, rules, ordinances, statutes, orders and decrees of any governmental,
quasi-governmental, and/or tribal authority or court applicable to the Contractor
and the Contractor's business or other entity subject to the Agreement.
4. Project/Prociram Requirements
The Contractor shall comply with the Statute, Guidelines, and other Program
Requirements in accordance with the type of assistance provided.
A. Maximum Per Unit Assistance Amount
Activities assisted under this Agreement are subject to underwriting and subsidy
layering requirements established by the CalHome Program for each activity.
The maximum per unit assistance amount is established in the NOFA under
which the application for funding was submitted.
B. Maximum Purchase Price/After Rehabilitation Value Limits
Maximum Purchase Price and After Rehabilitation Value limits shall be
determined through the method described in the Guidelines based on the
program or activity and not exceed the limit established in Guidelines section
302.
C. Maximum Loan-to-Value Limits
Maximum Purchase Price and After Rehabilitation Value limits shall be
determined through the method described in the Guidelines based on the
program or activity and not exceed the limit established in the Guideline by
activity.
D. Income Determination
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 4 of 17
EXHIBIT D
Households assisted under this Agreement must have incomes determined to be
at or below the federal Section 8 income limits adjusted by household size and
area in which they reside as updated annually. Income must be determined
utilizing the gross income determination requirements defined in California Code
of Regulations, title 25, section 6914. For Tribal Entity households located on
tribal trust or restricted land, income limits must be determined in accordance
with 24 C.F.R. Part 1000 et seq. and 25 U.S.C. section 4103.
5. Administrative Costs, as applicable
Administrative Costs must not exceed the applicable limits specified in Exhibit A,
paragraph 5.
6. Written Agreements
A. The Contractor shall enter into a Standard Agreement with the Department that
shall encumber state monies sufficient to fund the Local Program or Project and
shall contain specified conditions and requirements to carry out the Local
Program and Projects as set forth in Section 600 (a) of these Guidelines.
B. The Contractor shall enter into a Monitoring Agreement with the Department
requiring the parties to comply with the requirements and provisions of section
207 and 601 (b) of these Guidelines, regarding the Reuse Account.
C. The Contractor shall enter into a Written agreement (Borrower Agreement)
with any other entity or individual to which it disburses CalHome funds in
accordance with Section 7 of this Agreement for purposes of carrying out the
Local Program or Project. The Borrower's Agreement must be executed prior to
Contractor disbursing CalHome funds to borrower.
D. All Agreements, Borrower Agreements, instruments and documents executed by
or entered into by the Contractors or the Borrower, where the Contractor is not
the Borrower, which materially affect, as applicable, the construction, refinancing,
acquisition, operation, ownership or maintenance of the Project or Program shall
be subject to the written approval of the department.
E. All Agreements, Borrower Agreements, instruments and documents, executed by
or entered into by the Contractor or the Borrower where the Contractor is not the
Borrower, which materially affect, as applicable, the construction, refinancing,
acquisition, operation, ownership or maintenance of the Project or Program shall
be in writing and be subject to the written approval of the Department.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 1 1/1 712025
City of Santa Ana
25-CALHOME-18740
Page 5 of 17
EXHIBIT D
7. Security Documents and Lien Agreements
Prior to the initial disbursement of any CalHome funds encumbered by this Agreement,
the documents described in this paragraph shall be entered into, executed and, where
appropriate, acknowledged and recorded in accordance with applicable law. The
documents described in subsections "A" through "F" shall be provided by the
Department.
A. For CalHome mortgage assistance, funds shall be disbursed to Borrowers in the
form of deferred payment low-interest or no interest loans. The Contractor shall
ensure that all loans made by the Contractor are evidenced by a promissory
note, the repayment of which is secured by a deed of trust to be recorded on the
property being assisted, or by other security approved by the Department in
writing. The Contractor agrees that, prior to the disbursement of funds, all said
documents shall be executed and where appropriate recorded. The documents
shall include provisions necessary to ensure either that the property being
assisted with CalHome funds remains affordable, or that CalHome funds are
recaptured upon sale of the property or in the event the unit is no longer owner-
occupied. if the Contractor is a Federally Recognized Tribe or a TDHE as defined
herein, and the Project is located in Indian Country, notwithstanding the
foregoing, the promissory note executed between the Contractor and the
Borrower must be secured against the Borrower's leasehold or other legal
interest in the Indian Country, through the execution and recording of Department
approved security documents with the Bureau of Indian Affairs (BIA) and the
County where the Project is located .
B. For project development loans to assist a housing project with predevelopment
costs, funds are to be disbursed prior to acquisition of lots or homes by individual
homeowners. The promissory note shall be executed by the Contractor in favor
of the Department and secured by a blanket deed of trust executed by the fee
owner(s) of all lots upon which the development will take place. Said deed shall
be recorded in the office of the county recorder for the county in which the project
will be located and shall have priority over other liens, encumbrances, and other
matters of record except as may be approved by the Department in writing. At
the time individual lots or units are sold to individual buyers, each individual
owner-occupant borrower shall enter into a deferred payment loan setting forth
the terms and conditions under which the loan of CalHome funds is being made,
including those provisions necessary to ensure either that the property being
assisted with CalHome funds remains affordable, or that CalHome funds are
recaptured upon sale of the property or in the event the unit is no longer owner-
occupied. If the Contractor is a Federally Recognized Tribe or a TDHE and the
Project is located in Indian Country, notwithstanding the foregoing, the
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 6 of 17
EXHIBIT D
promissory note executed between the Contractor and the Borrower must be
secured against the Borrower's leasehold or other legal interest in the Indian
Country, through the execution and recording with the BIA and the County where
the Project is located with a lawful security document approved by the
Department.
C. For CalHome owner-occupied rehabilitation, funds shall be disbursed to
borrowers in the form of deferred payment loans. The Contractor shall ensure
that all loans made by the Contractor are evidenced by a promissory note, the
repayment of which is secured by a deed of trust to be recorded on the property
being assisted, or by other security approved by the Department in writing. The
Contractor agrees that, prior to the disbursement of funds, all said documents
shall be executed and, where appropriate, recorded. The documents shall
include provisions necessary to ensure either that the property being assisted
with CalHome funds remains affordable, or that CalHome funds are recaptured
upon sale of the property or in the event the unit is no longer owner-occupied. If
the Contractor is a Federally Recognized Tribe or a TDHE and the Project is
located in Indian Country, notwithstanding the foregoing, the promissory note
executed between the Contractor and the Borrower must be secured against the
Borrower's leasehold or other legal interest in the Indian Country, through the
execution and recording with the BIA and the County where the Project is located
with a lawful security document approved by the Department.
D. For CalHome SHTA funds will be provided to the Contractor in the form of a
grant.
E. The Contractor shall comply with and fulfill its obligations under all the applicable
documents called for in this Agreement. Any breach or violation by the Contractor
or Contractor's successor in interest of any provision of any of the required
documents shall constitute a breach or violation of this Agreement and shall be
subject to the rights and remedies provided herein.and otherwise available at law
or in equity.
8. Authorizations
A. Contractor represents, warrants, and covenants to the Department that the
execution, delivery and performance of this Agreement and all the CalHome
mandated Program documents, which include but are not limited to Standard
Agreements, Borrower Agreements, and any necessary security documents,
used to evidence or secure the CalHome Grant funds have been duly authorized
by all necessary action by Contractor and do not conflict with, result in a violation
of, or constitute a default under:
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 7 of 17
EXHIBIT D
1) Any authorizing resolutions of the governing boards or bodies of both the
Sponsor and a co-Sponsor(except where the Sponsors(s) are
individuals); where Contractor is a Tribal Entity, this includes any
provisions of Tribal Constitution, ordinances, law or resolutions, or articles
of incorporation, by-laws, or other governing documents adopted by
Contractor; or
2) Any authorizing documents, where Contractor is a Tribal Entity, which
includes any provisions of the Tribal Entity's constitution, ordinance,
resolutions, articles of incorporation, bylaws, or other governing
documents or other laws adopted by the Tribe, or
3) Any law, governmental regulation, court decree, or order applicable to the
Contractor or the Contractor's properties that are subject to the Borrower's
agreement.
B. The Department relies upon the Contractor to appropriately take all necessary
action to validly enter into this Agreement, and all amendments thereto, as well
as all separately related agreements, so to effectuate the Work as described
herein.
9. Insurance
A. Prior to the disbursement of funds under this Agreement and thereafter during
the term hereof, the Contractor shall obtain, carry, and maintain enforce,
comprehensive general liability insurance in the amount not less than one million
dollars ($1,000,000) for injury to or death of one person, one million ($1,000,000)
for injury to or death of more than one person in one accident, and adequate
property damage insurance. All insurance carriers must meet the requirements of
the State of California Department of insurance.
B. Upon demonstration of cause satisfactory to the Department, the requirements in
section 9.A above may be satisfied by the Contractor providing evidence of an
alternative to conventional insurance sufficient to provide equivalent protection.
10. Inspections
A. The Contractor shall inspect any Work performed hereunder to ensure the Work
is being, and has been, performed in accordance with the applicable federal,
state, tribal and local requirements, any applicable construction contract, and this
Agreement. The Contractor agrees to require that all Work found by such
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 8 of 17
EXHIBIT D
inspections not to conform to the applicable requirements be corrected, and to
withhold payment to the construction Contractor or Sub-Contractor until it is so
corrected.
B. The Department reserves the right to inspect the property and site upon which
the Work is being performed during construction and throughout the period of
affordability. The Contractor shall include a provision permitting the Department
or its agents the right to inspect.
11. Signs
A. The Contractor may place a sign on the Property during construction that shall
include the Department as one of the entities providing financing to the
development.
B. During the construction period the Department may place one or more signs on
the Property stating that it is providing financing for the development.
12. Reporting Re uirements
A. During the term of this Agreement, and no later than 30 days after the end of
each calendar quarter, the Contractor shall submit to the Department a
performance report on a form provided by the Department.
B. During the term of this Agreement, and no later than thirty 30 days after
June 30t" of each year, the Contractor shall submit an annual performance report
on a form provided by the Department.
C. During the term of this Agreement, the Department reserves the right to request
any other information, records, forms, or reports as is necessary for the
Department to measure progress, provide technical assistance, monitor reuse
accounts, make adjustments to program operations, and to respond to inquiries
from the California State Legislature.
D. During the term hereof Contractor will timely comply with any other auditing and
reporting requirements not specifically referenced above. Failure to timely submit
any of the reports required by this paragraph twelve, or any reports required
pursuant to the Guidelines, shall constitute a breach of this Agreement. In
addition to the remedies provided under the Guidelines and program legal
documents, including, but not limited to, this Agreement, the Department may
withhold disbursements of CaiHome funds for failure to timely submit reports.
13. Audit/Retention and Inspection of Records
HOSN-CaiHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 9 of 17
EXHIBIT D
Pursuant to the State Contracting Manual (Rev 02/2025), Section 7.50 C., the following
provision is required in all contracts of$10,000 or more:
Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible
audit for a minimum of three (3) years after final payment, unless a longer period of
records retention is stipulated. Contractor agrees to allow the auditor(s) access to such
records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, Contractor agrees
to include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement (GC § 8546.7, PCC § 10115 et
seq., CCR Title 2, §1896). Contractor shall comply with the above and be aware of the
penalties for violations of fraud and for obstruction of investigation as set forth in PCC §
10115.10.
14. Monitoring Agreement
Upon the Department's approval of Contractor's Loan Servicing Plan and CalHome
Program Reuse Account Plan, the Contractor shall enter into the 20-year Monitoring
Agreement. The 20-year Monitoring Agreement allows the Department to obtain
necessary reporting information; review and approve changes to Loan Servicing
Procedures or CalHome Program Reuse Account Plans; and, to perform monitoring of
CalHome Program operations and accounts.
15. Compliance with State Federal and Tribal Laws Rules and Guidelines
Contractor agrees at all times to act with respect to the CalHome Program, CalHome
activities, and to use the funds committed herein in conformity with all laws applicable to
the CalHome Program including, where applicable, those of the State of California, all
federal laws, all local rules or ordinances, all tribal laws all Program Requirements,
including the CalHome Statutes and Guidelines. Contractor also agrees to comply with
all State, and Federal and tribal laws, rules and regulations that pertain to construction,
health and safety, labor, fair employment practices, equal opportunity, and all other
matters applicable to the Work.
16. Disencumbrance of Fonds and Performance Goals
A. The Contractor shall repay all CalHome funding where:
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 10 of 17
EXHIBIT D
1) Contractor fails to complete its Project by the expenditure deadline(s) in
Exhibit E, Section 2, Term of Agreement and Deadlines; or
2) Contractor, prior to the Project completion date at Exhibit E, Section 2,
Term of Agreement and Deadlines, fails to expend any CalHome funds
disbursed by the Department applicable to the award of CalHome
funds granted herein, then the Contractor shall:
(a) repay all such disbursed CalHome funds to the Department; and,
(b) forfeit and have no further rights or claim to any other remaining
herein-granted CalHome award funds.
B. Funds authorized by this Agreement shall be disencumbered in whole or in part if
funds are not expended within the time frames specified in Exhibit E.
C. The Department may exercise its reasonable discretion to disencumber funds or
to grant an extension of time for completion in accordance with Guidelines
Section 603, subdivision (d). Any extensions are subject to any and all applicable
encumbrances, deadlines, and limitations, including, but not limited to, Health &
Safety Code section 54006, subdivision (g). Documentation to support the
Contractor's expenditure of funds shall be received and approved prior to the
contract expiration date.
17. Change of Conditions
Notwithstanding the Department's obligations to provide payments pursuant to Exhibit B
and Exhibit E hereof, the Department reserves the right to evaluate the Contractors'
need for Program funds based on new information or funding sources associated with
the Work. If the Department determines that the Program funds, or a portion thereof, are
no longer necessary to complete the Work, the Department may reduce the amount of
the grant or loan accordingly. In the event the Department determines, in its sole
discretion, that the Work is no longer financially feasible, any commitment issued by the
Department and this Agreement may be terminated.
18. Obligations of Contractor with Respect to Certain Third-Party Relationships
The Contractor 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 Contractor shall comply with all requirements of the Department
necessary to ensure the completion, occupancy, and use of the Work in accordance
with this Agreement.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 11 of 17
EXHIBIT D
19. The Civil Rights and Age Discrimination Acts Assurances
During the performance of this Agreement, where applicable, the Contractor assures
that no otherwise qualified person shall be excluded from participation or employment,
denied program benefits, or be subjected to discrimination based on race, color,
national origin, sex, age, handicap, familial status, religion, or belief, under any program
or activity funded by this contract, as required by the California Fair Employment and
Housing Act (Government Code, section 12990, et. seq.), the Holden Act (Health &
Safety Code, section 35800, et. seq.), Title VI of the Civil Rights Act of 1964, the Fair
Housing Act (42 United States Code, section 3601 et seq. and all implementing
regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
Notwithstanding the foregoing, a Federally Recognized Tribe or a TDHE Contractor may
implement a preference for Indian families or tribal members in the participation or
employment with respect to the CalHome program where the Local Program or Project
is located within Indian Country.
20. Displacement, Relocation, and Acquisition
The Contractor shall comply with the state displacement, relocation, and real property
acquisition rules governing the CalHome Program, which are contained in, and
applicable to the Guidelines. Notwithstanding the foregoing, a Federally Recognized
Tribe or a TDHE, are mandated to comply with the relocation requirements set forth in
24 C.F.R. section 1000.14.
21. Special Conditions
The Contractor agrees to comply with all conditions of this Agreement, where
applicable, including any Special Conditions set forth in Exhibit E. These conditions
shall be met to the satisfaction of the Department. The Contractor shall ensure that all
Contractors and/or subcontractors are made aware of and agree to comply with all of
the conditions of this Agreement and the applicable federal and state requirements
governing the use of CalHome funds. Failure to comply with these conditions may result
in cancellation of this Agreement.
The Department reserves the right, in its sole and absolute discretion, to impose
additional special conditions or to modify any existing special conditions for this project.
22. Eligible Uses of Reuse Funds
A. Reuse funds may be retained by the Contractor. The Contractor shall be in full
compliance with their approved Reuse Agreement and must be placed in an
HOSN-CalHome 2024
NOFA Date: 12112/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 12 of 17
EXHIBIT D
interest-bearing account.
B. Reuse funds must be used for eligible activities for which funds were awarded as
specified in the Guidelines and any program legal documents including, but not
limited to, this Agreement. The Contractor must report on the use of Reuse funds
annually for a period of 20 years beginning from the Agreement expiration date
as established in Exhibit E, Section 2, Term of Agreement and Deadlines.
23. CalHome Predevelopment Loan Funds
A. If CalHome funds are provided to the Contractor to finance the costs of obtaining
construction loan commitments, architectural plans and specifications, zoning
approvals, engineering studies, and legal fees, the Contractor shall demonstrate,
to the satisfaction of the Department, that it has, with regard to the Project
concerned, site control (evidenced by one of the documents listed in Guidelines
section 400.3), a preliminary financial commitment, and a capable development
team, or a plan to hire a capable development team, to carry out the CalHome
Program and Project Requirements.
B. Repayment of the Contractor predevelopment loan will be made to the
Department, or a Contractor as approved by the Department, from construction
loan proceeds or another project income in the event the CalHome funds are not
provided to low-income buyers of the units developed. The Contractor may be
required to enter into a predevelopment loan agreement prior to the
disbursement of funds. This agreement will detail the use and repayment of
funds, and other terms and conditions of the loan.
24. Labor Standards/Prevailing Wane
A. Where funds provided through this Agreement are used for construction Work, or
in support of construction Work, Contractor shall ensure that the requirements of
Chapter 1 (commencing with section 1720) of part 7 of the Labor Code
(pertaining to the payment of prevailing wages and administered by the California
Department of Industrial Relations) are met. Notwithstanding the foregoing, to the
extent permissible under applicable laws, rules, regulations, and Guidelines, it
shall not be a breach of this Agreement for a Federally Recognized Tribal Entity
Contractor to implement a tribally-determined prevailing wage (TDW) in
accordance with 24 C.F.R. section 1000.16, and where a Tribal employment
preference is given in accordance with 24 C.F.R. section 1000.52 where the
Project is located within Indian Country.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 13 of 17
EXHIBIT D
B. For the purposes of this requirement, "Construction Work" includes, but is not
limited to, the rehabilitation, alteration, demolition, installation, or repair done
under contract and paid for, in whole or in part, through this Agreement. (Note:
For the purposes of this requirement "in Support of Construction Work"
includes, but is not limited to, the Work performed during the design and
preconstruction phases of construction (i.e., development,) including, but not
limited to, inspection and land surveying Work under contract and paid for, in
whole or in part, through this Agreement. Development related Work "in support
of construction Work" such as involving the employment of trades/crafts like a
field soil tester, laborer, electrical utility lineman, tree trimmer, driver (on/off-
hauling to/from construction site shall be paid prevailing wages pursuant to
California Labor Code, part 7, Chapter 1). All construction Work shall be done
through the use of a written contract with a duly licensed building contractor,
where applicable, incorporating these requirements (the "Construction
Contract"). Where the construction contract will be between the Contractor and a
licensed building Contractor, Contractor shall serve as the "Awarding Body."
Prior to any disbursement of funds, including but not limited to the release of any
final retention payment, the Department may require a certification from the
awarding body that prevailing wages have been or will be paid.
C. Tribally Determined Wage, if applicable notwithstanding the foregoing, to the
extent permissible under applicable laws, rules, regulations, and Guidelines, it
shall not be a breach of this Agreement for a Federally Recognized Tribe
Contractor or TDHE, layering their IHBG allocation with the CALHOME funds for
the Project located within Indian Country, to implement a Tribally Determined
Wage (TDW) in accordance with 24 C.F.R. section 1000.16, where Contractor
complies with all of the following prior to the execution of the Agreements and
disbursement of funds:
1) submit a copy of the duly adopted TDW in accordance with Tribal law;
2) submit a copy of the duly adopted tribal ordinance, resolution or other
document in accordance with 24 C.F.R. § 1000.16 (e) authorizing the
TDW; and
3) submit a copy of the methodology used by the Grantee to determine the
TDW and ensure that the TDW law requires the payment of not less than
those wage rates the tribe determines to be prevailing.
25. Environmental Clearances
A. The Contractor shall comply with the National Environmental Policy Act (NEPA)
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 14 of 17
EXHIBIT D
contained in 42 USC §§ 4321-4347 and the implementing regulations at 24
C.F.R. Parts 50 and 58. No actions by any party (including the Contractor, the
developer, owner, or sponsor) shall be undertaken for any activity that would
have an adverse environmental impact or limit the choice of reasonable
alternatives under 24 C.F.R. § 58.22 until HUD or the Department has issued an
environmental clearance.
B. The Contractor understands and agrees that this Agreement does not constitute
a commitment of funds or site approval, and the commitment of funds or approval
may occur only upon satisfactory completion of environmental review and receipt
by the Department of an approval of the request for release of funds and
certification from HUD or the Department under 24 C.F.R. Part 58. The provision
of any funds to the project is expressly conditioned on the Department's
determination to proceed with, modify or cancel the project based on the results
of the environmental review.
C. If Contractor is a Federally Recognized Indian Tribe or a TDHE and the project
will be located on land held in Trust by the BIA for the benefit of the Tribe, to the
extent applicable, the Department will satisfy any environmental clearances
pursuant to the California Environmental Quality Act.
D. The parties hereby acknowledge that state and/or local civil regulatory laws may
not apply, in whole or in part, to projects located within "Indian County" (as this
phrase is defined in Guidelines Appendix A), and that therefore, the following
terms, provisions, and conditions set forth in "Exhibit C" titled, "State of California
General Terms and Conditions, GTC —02/2025" ("Exhibit C") as it appears on
the STD. 213 and referencing 02/2025 GTC, may not be enforceable against the
Tribal Entity Contractor if the project is located within Indian Country: (a) Section
3 (Assignment), (b) Section 5 (Indemnification), (c) Section 6 (Disputes), (d)
Section 9 (Recycling), (e) Section 10 (Non-Discrimination), (f) Section 11
(Certification Clauses), (g) Section 14 (Governing Law), (h) Section 15 (Anti-
Trust Claims), (i) Section 16 (Child Support Enforcement), Q) Section 18 (Priority
Hiring of vacancies through CalWorks), (k) Section 19 (Small Business
Reporting), and (1) Section 20 (Loss Leader Statute B&B 17030).
26. Governing Law
A. This Agreement will be governed by federal law applicable to the Department,
applicable Tribal Law and, to the extent not preempted by federal law, the laws of
the State of California without regard to its conflicts of law provisions. This
Agreement has been accepted by the Department and the Contractor in the
State of California.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 15 of 17
EXHIBIT D
B. Contractor agrees at all times to act with respect to, and comply with, the
CalHome Program, CalHome activities and to use funds committed herein in
conformity with all laws applicable to the CalHome Program.
C. Contractor agrees to comply with applicable federal, state, tribal laws, rules
regulations, Guidelines and local ordinances that pertain to construction, health
and safety, labor, fair employment practices, equal opportunity, and all other
matters where applicable to the Contractor and Borrower, its contractors or
subcontractors, and any Loan activity, including without limitation laws applicable
to the CalHome Program.
27. Vested Rights
The parties acknowledge that the rights, liens, security interests, and remedies
described in or provided by this Agreement and other security documents constitute the
property of the Department. Where applicable, Contractor covenants and agrees that it
is legally precluded under the Indian Civil Rights Act, 25 U.S.C. § 1302, and other legal
precedents from taking such property for a public use without just compensation or from
depriving the Department of such property without due process of law or from denying
them the equal protection of the laws. Generally, such property and rights, under the
other legal precedents referenced, are intended to be protected and enforceable by the
courts of the United States, the State of California, and the tribal courts. Specifically,
such property and rights under 25 U.S.C. § 1302 are intended to be protected and
enforceable by the Tribal Courts and by the courts of the United States.
28. Assignment of Agreement, Assignment of Loan Commitment
A. This Agreement shall be binding on the parties hereto, their assigns, successors,
administrators, executors, and other representatives. This Agreement is not
assignable, either in whole or part, without the prior written approval of the
Department in its sole and absolute discretion.
B. This Agreement represents a conditional commitment of funds for
accomplishment of the Work. This conditional commitment of funds shall not be
assigned, transferred, or otherwise alienated, in whole or in part by the
Contractor or any other person or entity which, pursuant to the Application or the
description of the Work, anticipates receiving any funds encumbered by this
Agreement without the prior express and written consent of the Department. Any
such assignment, transfer or act of alienation is invalid and may result in the
termination of this Agreement.
29. Litigation
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1114/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
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EXHIBIT D
A. If any provision of this Agreement, or underlying obligation, is held invalid by a
court of competent jurisdiction, such invalidity, shall not affect any other
provisions of this Agreement and the remainder of this Agreement shall remain,
at the Department's election, in full force and effect to the maximum extent
allowed by law. Therefore, the provisions of this Agreement are, and shall be,
deemed severable.
B. The Contractor shall notify the Department immediately of any impending,
pending or current claim or action undertaken by or against it, which affects or
may affect this Agreement, the project, the Contractor or the Department, and
shall take such action with respect to the claim or action as is consistent with the
terms of this Agreement and the interests of the Department.
30. Waiver
A. No waiver of any breach of this Agreement shall be held to be a waiver of any
prior or subsequent breach. The failure of the Department to enforce at any time
the provisions of this Agreement, and any rights, or remedies thereunder, or to
require, at any time performance by the Contractor of these provisions, shall in
no way be construed to be a waiver of such provisions, rights, or remedies, nor to
affect the validity of this Agreement or the right of the Department to enforce the
same. Any and all waivers by the Department must be express and in writing and
signed by an authorized official thereof in order to be effective.
B. All rights and remedies afforded to the Department under this Agreement shall be
construed as cumulative and non-exclusive to the maximum extent permitted by
law and shall be in addition to any other rights or remedies provided therein, by
law, or otherwise.
31. Termination of Agreement and Breach
A. The Department may terminate this Agreement at any time for cause by giving
14 days written notice to the Contractor. Cause shall consist of any violation of
the CalHome Guidelines, Statute, or other Program Requirement, any terms
and/or special conditions of this Agreement or legal documents referenced in
Guidelines section 600; an unreasonably low rate of expenditure or, upon a
reduction in, limitation on, or elimination of the Department's expenditure
authority.
B. The Contractor shall be in default and breach hereunder in the event the
Contractor fails to satisfy or comply with any term or condition in this Agreement
or with respect to the 20-year Monitoring Agreement as specified in Exhibit B,
HOSN-CalHome 2024
NOVA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALHOME-18740
Page 17 of 17
EXHIBIT D
Section 2.A.5. In the event of such default and breach, the Department shall
issue a written notice to the Contractor specifying-
1) the breach;
2) actions required to cure breach; and
3) a date, not less than 15 days from the date of the receipt of such notice by
the Contractor, by which such breach must be cured as set forth in
Section 604.
C. In the event of such breach, the Department may also take such action or seek
such remedies as provided in the 20-year Monitoring Agreement or in the
Guidelines. The Department may also seek such other remedies as may be
available under this Agreement or any applicable law or in equity.
32. General
A. All CalHome Program funds awarded to Borrower pursuant to this
Agreement must be used in a manner which complies with the
requirements of the CalHome Program, including, but not limited to, the
requirements of 2024 CalHome Program Final Guidelines Section 202.
B. Neither the Sponsor/Contractor or the Borrower, or any constituent
member thereof, may be listed on any HUD debarment or suspension list,
including the list contained in the Excluded Parties Listing System
(https://sam.gov/SAM/).
C. Pursuant to 2024 CalHome Program Guidelines Section 400.2, 401.2
402.2, 403.2, 404.2 and 405.2, the CalHome funds awarded shall be used
on eligible costs.
D. Contractor will comply with the minimum and maximum per-unit funding
limits as set forth set forth in the 2024 HOSN NOFA.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 11/17/2025
City of Santa Ana
25-CALH OM E-18740
Page 1 of 5
EXHIBIT E
PROGRAM-SPECIFIC PROVISIONS AND SPECIAL CONDITIONS
1. Budget Detail
A. Contractor has been awarded the following grant or loan activity amounts:
ACTIVITY AMOUNT:
Homeownership Development Project Loans $.00
Technical Assistance for Self Help Housing Projects $ 00
Mortgage Assistance Grant Program $4,893,250.00
Owner Occupied Rehabilitation Grant Program $ 00
Technical Assistance for Shared Housing Program $.00
Accessory Dwelling Units/Junior Accessory Dwelling Units $.00
TOTAL: $4,893,250.00
B. Contractor has committed to producing the following units:
Prospective Committed Units Units
Homeownership Development Project Loans 0
Technical Assistance for Self Help Housing Projects 0
Mortgage Assistance Grant Program 37
Owner Occupied Rehabilitation Grant Program 0
Technical Assistance for Shared Housing Program 0
Accessory Dwelling Units/Junior Accessory Dwelling Units o
TOTAL: 37
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CALHOME-18740
Page 2 of 5
EXHIBIT E
C. The approved Development budget and Project Sources and uses are:
1) Development Budget (applies only to Homeownership Development
Projects):
N/A
2) Project Sources and Uses (applies only to Homeownership Development
Projects):
N/A
2. Term of Agreement and Deadlines
A. The Contractor(s) shall remain a party to the Standard Agreement for the
agreement's entire term. The Standard Agreement allows a maximum of 36
months from the date the Standard Agreement is fully executed by all parties
to expend funds, except for Homeownership Project Developments and Self-
Help Technical Assistance which are allowed a maximum of 60 months
(Guidelines §603). The Department may exercise its reasonable discretion to
disencumber funds or to grant an extension of time for completion (Guidelines
§603). Any extensions are subject to any and all applicable encumbrances,
deadlines, and limitations, including, but not limited to, HSC §54006(g).
Documentation to support the Contractor's expenditure of funds shall be
received prior to the contract expiration date.
B. The Standard Agreement expires at the end of 42 months from the date the
Standard Agreement is fully executed by all parties (or 66 months for
Homeownership Development Projects and Self-Help Technical Assistance),
unless extended.
C. Contractors remain subject to the terms of the 20-year Monitoring Agreement
(Guidelines §600(b)).
D. Homeownership Development Projects:
1) The Contractor shall draw down CalHome program funds or begin
onsite construction within 22 months of this executed Standard
Agreement date. If this goal is not met the Department may, in its sole
discretion, disencumber all funds and cancel the Department
commitment to the project.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CALHOME-18740
Page 3 of 5
EXHIBIT E
2) Unit construction must be completed, and MA loans closed within
60 months of the Standard Agreement execution date. If the projected
number of assisted units has not been achieved by the end of the 60th
month, the Contractor's next application for funding under the
CalHome Program may receive a penalty deduction in the total points
awarded under a future NOFA.
E. Homeown_ership—Development Protects with Self-Help Technical Assistance
Grants:
1) The Contractor shall begin onsite construction within 12 months of the
executed Standard Agreement date, if this goal is not met the
Department may, in its sole discretion, disencumber all funds and
cancel the Department commitment to the project.
2) Unit construction shall be completed within 60 months of the date the
Standard Agreement is executed by the Department. If this goal is not
met, then:
(a) The remaining unused funds may be disencumbered by the
Department; and
(b) If the projected number of Assisted Units has not been
completed by the end of the 60th month, the Contractor's next
application for funding under the CalHome Program may
receive a penalty deduction in the total points awarded pursuant
to the current NOFA.
3. Special Conditions
The following Special Conditions are applicable to this Standard Agreement and shall
control notwithstanding anything contrary herein:
A. As a condition precedent to this Agreement and not less than 30 days prior to
execution of this Agreement, Contractor shall provide to the Department an
executed agreement by and between Contractor and any administrative
subcontractors (as hereinafter defined), which shall be acceptable to the
Department, in its sole and absolute discretion. The term administrative
subcontractor shall have the meaning defined in Guidelines Appendix A.
B, The authorized Payee(s) is/are as specified below:
HOSN-Callome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CALHOME-18740
Page 4 of 5
EXHIBIT E
Name: City of Santa Ana Amount: $4,893,250
C. In the event that an Advancement, or any portion thereof, is made pursuant to
Guidelines Section 601 and is not fully expended for its intended purpose, the
Contractor shall remit the unexpended amount to the Department within thirty
(30) days following the end of the ninety (90) day period from the date of the
Advancement (the "End Date"). The Contractor must return all or part of the
advanced funds for administrative or project-related expenses if the intended
primary use of the advance is not carried out.
D. For those awards made under a target (if applicable) in the NOFA, or for funds
the Contractor has identified as meeting a funding target identified in the NOFA,
the Contractor shall provide to the Department evidence in the annual progress
report of the use of those funds as intended pursuant to the NOFA and
Guidelines. For this award, such funds are identified below:
Target Cate go Amount Awarded # of Units to be Assisted
Southern $4,893,250 37
E. As the Department is authorized pursuant to AB 1 010 (Reg. Sess. 201972020) to
modify or waive certain of the CalHome Program requirements upon written
request of a qualified applicant, the Department has approved the following
modification(s) and/or waiver(s) of the state CalHome Program requirements
pursuant to Applicant's written request:
F. The parties hereby acknowledge that state and/or local civil regulatory laws may
not apply, in whole or in part, to projects located within "Indian Country" (as this
phrase is defined in Exhibit D, Section 25.D, Environmental Clearances, and that
therefore, the following terms, provisions, and conditions set forth in "Exhibit C"
titled, "State of California General Terms and Conditions, GTC — 02/2025"
("Exhibit C") as it appears on the STD. 213 and referencing 02/2025 GTC, may
not be enforceable against the Tribal Entity Contractor if the project is located
within Indian Country: (a) Section 3 (Assignment), (b) Section 5 (Indemnification),
(c) Section 6 (Disputes), (d) Section 9 (Recycling), (e) Section 10 (Non-
Discrimination), (0 Section 11 (Certification Clauses), (g) Section 14 (Governing
Law), (h) Section 15 (Anti-Trust Claims), (i) Section 16 (Child Support
Enforcement) 0) Section 18 (Priority Hiring of vacancies through CalWorks), (k)
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/20.25
Approval Date: 06/05/2025
Prep. Date: 12/10/2025
City of Santa Ana
25-CALHOME-18740
Page 5 of 5
EXHIBIT E
Section 19 (Small Business Reporting) and (0 Section 20 (Loss Leader Statute
B&B 17030).
G. City of Santa Ana is awarded funds for the CalHome, Awardee must complete
thirty-seven (37) number of units. This goal must be met since this requirement is
in the Application and contributed to the Application Score.
HOSN-CalHome 2024
NOFA Date: 12/12/24, Amended 1/14/2025, Amended 1/17/2025
Approval Date: O6105/2025
Prep. Date: 12/10/2025