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HomeMy WebLinkAboutRESOLUTION 2025-121 N.C.S. 08/04/2025Resolution No. 2025-121 N.C.S. 1 Resolution No. 2025-121 N.C.S. of the City of Petaluma, California RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A REVISION TO THE GRANT AGREEMENT WITH DANCO COMMUNITIES, SONOMA MARIN AREA RAIL TRANSIT FOR FUNDING THROUGH THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM FOR THE MERIDIAN AT CORONA STATION AFFORDABLE HOUSING PROJECT LOCATED AT 890 NORTH MCDOWELL BOULEVARD WHEREAS, the State of California, the Strategic Growth Council (SGC), and the Department of Community Development (Department) issued a Notice of Funding Availability (NOFA) dated January 30, 2023, and amended on March 15, 2023, under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and WHEREAS, Sonoma Marin Area Rail Transit (SMART) has completed its obligations under the grant agreement and has been approved by the California Housing and Community Development Department (HCD) to be released from the loan obligations; and WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and WHEREAS, the Department is authorized to administer the approved funding allocations of the AHSC Program; and WHEREAS, the City of Petaluma’s General Plan promotes investment in alternative modes of transportation, including the second SMART rail station at Corona Road as called out on the Land Use Map (Figure 1-1); and WHEREAS, the City of Petaluma’s General Plan Policy 2-P-89 calls for collaboration with regional and other agencies to create a new light rail transit station near Corona Road with high intensity, transit oriented development; and WHEREAS, the City of Petaluma’s General Plan Policy 5-P-24 calls for a pedestrian network and streetscape amenities near schools, transit, shopping, and mixed use corridors and Policy 5-P- 22 calls for a well-connected pedestrian network linking new and existing developments to adjacent land uses; and WHEREAS, General Plan Policy 5-P-42 calls for expansion of the bus transit system so that it is convenient and provides frequent, regular service along major City corridors serving the SMART park and ride lot; and WHEREAS, the City of Petaluma’s General Plan supports efforts for transit oriented development along McDowell Boulevard as called out in Policy 5-P-43; and Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Resolution No. 2025-121 N.C.S. 2 WHEREAS, the City of Petaluma’s certified Housing Element (2015-2023), Goal 4 calls for promoting the development of housing affordable to extremely low, very low, low- and moderate- income households; and WHEREAS, the City of Petaluma’s certified Housing Element (2015-2023), Policy 6.3 calls for supporting efforts to provide transitional and supportive housing to those moving from homelessness to independent living; and WHEREAS, the City of Petaluma’s certified Housing Element (2015-2023), Policy 6.6 promotes the construction of rental units for larger families; and WHEREAS, on December 7, 2020, in accordance with Government Code Section 6651(d), the Petaluma City Council adopted Resolution No. 2020-179 N.C.S. establishing a policy to authorize an increase in the allowable units in a by right supportive housing development as prescribed by state Assembly Bill 2162 from 50 units or fewer to up to 131 units for the Meridian at Corona Station Affordable Housing Project; and WHEREAS, as a condition of the City Council’s discretionary action in approving Resolution No. 2020- 179 N.C.S. for the Meridian at Corona Station Affordable Housing Project the applicant was encouraged to seek creative partnerships and funding sources to expand infrastructure, transit, and connectivity resources to the project and surrounding neighborhood; and WHEREAS, on September 9, 2021 the City approved the Meridian at Corona Station Affordable Housing Project; and WHEREAS, Danco Communities wishes to develop the Meridian at Corona Station project for 131 units of affordable units, including at least 33 units of supportive housing and associated services and has requested City and SMART partnership to develop regional alternative transportation infrastructure and affordable housing in part through the AHSC grant program; and WHEREAS, the City of Petaluma considered this item at a duly noticed public meeting on March 20, 2023, at which time members of the public were provided the opportunity to provide written or oral comment; and WHEREAS, in accordance with Government Code Section 65651, subdivision (b), paragraph (2), qualifying supportive housing projects under AB 2162 are not projects subject to the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the item before the City Council is to authorize the City Manager to submit a joint application for funding through the AHSC program and does not create a physical change in the environment and is therefore not a project under CEQA; and WHEREAS, the sustainable transportation and program activities identified by the City of Petaluma for inclusion in the AHSC Grant application include infrastructure improvements on North McDowell Boulevard to include additional bus stops, new and enhanced pedestrian improvements within the public right of way, a new class II bike lane on Corona Road, and enhanced transit operations on North McDowell; and WHEREAS, the City’s proposed activities consists of pedestrian, bicycle, and transit infrastructure and transit service along N. McDowell Boulevard including 1,800 feet of safe and accessible walkway on North McDowell Boulevard from the SMART rail crossing to Corona Road Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Resolution No. 2025-121 N.C.S. 3 and on Corona Road from McDowell Blvd to the SMART rail tracks, 1,025 feet of safe and accessible walkway on both sides of the road and 1,056 feet of Class II bike lane on Corona Road from North McDowell Blvd to Sonoma Mountain Parkway, the purchase of ZEV buses, construction of five new bus stops on McDowell Blvd, and operational funding to increase the frequency of Petaluma Transit on North McDowell; and WHEREAS, all improvements will occur within or immediately adjacent to the existing right- of-way and there is negligible or no expansion of use beyond what currently exists and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable; Therefore, the project is exempt under CEQA Guidelines Section 15301 (c), Existing Facilities, including the addition of bicycle facilities, bicycle lanes, transit improvements and service frequency, pedestrian crossings, and similar alterations that do not create additional automobile lanes. WHEREAS, the project is also exempt pursuant to CEQA Guidelines Section 15304 (h), Minor Alterations to land including the creation of bike lanes, sidewalks, and transit infrastructure within the existing right-of-way; and WHEREAS, the increase of transit service frequency is exempt under Public Resources Code section 21080(b)(10) and CEQA Guidelines Section 15275 Specified Mass Transit Projects. NOW, THEREFORE, BE IT RESOLVED by the Petaluma City Council as follows: 1. Finds that the above recitals are true and correct and are incorporated into this resolution as findings of the City Council. 2. Finds that the action to authorize partnership in the AHSC grant funding application in and of itself does not create a physical change in the environment and therefore is not a project under CEQA. 3. Finds that the City’s proposed activities consists of pedestrian, bicycle, and transit infrastructure and transit service along N. McDowell Boulevard including 1,800 feet of safe and accessible walkway on North McDowell Boulevard from the SMART rail crossing to Corona Road and on Corona Road from McDowell Blvd to the SMART rail tracks, 1,025 feet of safe and accessible walkway on both sides of the road and 1,056 feet of Class II bike lane on Corona Road from North McDowell Blvd to Sonoma Mountain Parkway, the purchase of ZEV buses, construction of five new bus stops on McDowell Blvd, and operational funding to increase the frequency of Petaluma Transit on North McDowell. All improvements will occur within or immediately adjacent to the existing right-of-way. There is negligible or no expansion of use beyond what currently exists and there are no cumulative impacts, unusual circumstances or other factors that would make the exemption inapplicable. Therefore, the project is exempt under CEQA Guidelines Section 15301 (c), Existing Facilities, and CEQA Guidelines Section 15303 including the addition of bicycle facilities, bicycle lanes, transit improvements and service frequency, pedestrian crossings, and similar alterations that do not create additional automobile lanes. Additionally, the project is exempt pursuant to CEQA Guidelines Section 15304 (h), Minor Alterations to land including the creation of bike lanes, sidewalks, and transit infrastructure within the existing right-of-way. 4. The increase of transit service frequency is exempt under Public Resources Code section 21080(b)(10) and CEQA Guidelines Section 15275 Specified Mass Transit Projects. 5. The Council authorized and directed Staff to work with Danco Communities to apply for and submit to the Department the AHSC Program Application as detailed in the NOFA dated January 30, 2023, in a total amount of approximately $6,000,000 for a grant for Sustainable Transportation (STI) and Program (PGM) activities (“AHSC Grant”) as defined the AHSC Program Guidelines. This compliments the joint application with SMART in the amount of approximately $7,000,000 for additional Sustainable Transportation (STI) and Transit Related Amenities (TRA) activities associated with the Corona Station SMART rail station and with Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Resolution No. 2025-121 N.C.S. 4 Danco Communities in an amount up to $35,000,000 for the affordable housing project. The city received a conditional award commitment in the amount of $30,228,840 on September 1, 2023. 6.The city received the revised award announcement from HCD dated June 16, 2025, and the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in a total amount of approximately $28,928,840 and any and all other document required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto (collectively, the “AHSC Documents”).Attached as Exhibit A is the project specific provisions for the Standard Loan Agreement and Exhibit B is the project specific provisions for the Standard Grant Agreement. 7.The City shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. 8.If awarded, the City will enter into an agreement with Danco Communities assigning the construction and development responsibilities, including procurement, labor standards, and other requirements of the Standard Agreement as necessary to complete the project to Danco Communities, which will indemnify the City, assuming full responsibility for grant performance. 9.The City Manager or her designate is hereby authorized to enter into and sign the grant agreement and execute in the name of the Applicant the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 04th day of August 2025, by the following vote: Approved as to form: __________________________ City Attorney AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ____________________________________________ Mayor Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 1 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS 1. Project-Specific Provisions The following are project-specific terms and conditions and shall inform the references made to project-specific information not contained in prior exhibits. Provision Ex. A-E.1 (As Referenced in Exhibit A, paragraph 2) The date of the Project Report is November 28, 2023. Provision Ex. A-E.2 (As Referenced in Exhibit A, paragraph 2) The date of the Award Letter is September 1, 2023, amended June 16, 2025. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 2 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Provision Ex. A-E.3 (As Referenced in Exhibit A, paragraph 4) 890 North McDowell Boulevard Sonoma, CA 94954 County of Sonoma APN: 137-061-019-000 Meridian at Petaluma North Enter the number of units by bedroom size and income level. # of Bedrooms # of Project Units AHSC Assisted Units* Income Limit (Percent of AMI) TOTAL RESTRICTED UNITS** 0 29 29 30%29 0 4 4 60%4 1 4 4 30%4 1 5 5 40%5 1 4 4 50%4 1 16 3 60%16 2 5 5 50%5 2 30 2 60%30 3 6 6 50%6 3 27 1 60%27 3 1 0 Manager 0 Total Project Units 131 64 130 *Program Assisted Units must equal at least twenty percent of the total residential units. **Total Restricted units include all units restricted by the Program and TCAC. The Program Loan amount was calculated based on the number of Total Restricted Units. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 3 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Provision Ex. A-E.4 (As Referenced in Exhibit A, paragraph 6) DEVELOPMENT APPROVAL DATE Executed binding agreement between the Sponsor and developer of the proposed Development detailing the terms and conditions of the Project development. 12/01/2022 Site Control of Development site(s) by proposed housing developer.12/01/2022 Completion of all necessary environmental clearances, including those required under CEQA and NEPA.09/15/2021 Obtaining all necessary and discretionary public land use approvals.09/15/2021 Obtaining all enforceable funding commitments for at least the first phase of the Development supported by the Infrastructure Project.10/08/2023 Obtaining all enforceable funding commitments for all construction period financing.10/08/2023 Obtaining enforceable commitments for all construction/permanent financing described in the Sources and Uses including substantially final construction and permanent loan documents, and tax credit syndication documents for remaining phases of Project. 10/08/2023 Submission of final construction drawings and specifications to the appropriate local building department or permitting authority.09/01/2023 Occupancy by eligible households 03/30/2028 Program funds fully disbursed.09/30/2028 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 4 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Provision Ex. A-E.5 (As Referenced in Exhibit A, paragraph 7) AHD PERFORMANCE MILESTONES DATE Commencement of Development construction.09/01/2025 Construction of the Development complete, as evidenced by receipt of a Certificate of Occupancy 03/30/2028 Provision Ex. A-E.6 (As Referenced in Exhibit A, paragraph 9) Sponsor:Danco Communities Authorized Representative Name:Daniel J. Johnson Authorized Representative Title:President Address:5251 Ericson Way Arcata, CA 95521 Phone No.:(707) 822-9000 Email Address:djohnson@danco-group.com Sponsor:City of Petaluma Authorized Representative Name:Peggy Flynn Authorized Representative Title:City Manager Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 5 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Address:11 English St. Petaluma, CA 94952 Phone No.:(707) 778-4345 Email Address:Pflynn@cityofpetaluma.org Provision Ex. B-E.1 (As Referenced in Exhibit B, paragraph 3) Payee Name Activity Award Amount Petaluma Corona Station LP AHD $20,000,000 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 6 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Provision Ex. D-E.1 (As Referenced in Exhibit D, paragraph 27) MERIDIAN AT PETALUMA NORTH 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 2. Special Terms and Conditions 2a. Exhibit A, Paragraph 2A –Definition of Sponsor: This provision is amended to add the following: Petaluma Corona Station LP (“LP”) is an affiliate of Danco Communities (“Corp”). Corp is the Manager of Petaluma Corona Station LLC (“LLC”), the Administrative General Partner of LP. LP, Corp, City of Petaluma was awarded the Program Loan funds pursuant to the Award Letter. The Department acknowledges that the LP will be considered the ultimate borrower of the Program Loan funds and as such will execute the Program Loan Documents. For the purposes of this Agreement, LP, Corp, City, and will be collectively referred to herein as “Sponsor.” As such, the LP, Corp, City, and shall be jointly and severally liable for all the obligations of a Sponsor as set forth herein. Performance satisfactory to the Department by the LP, Corp, City, and of any duties and obligations under this Agreement, or under any other agreements as required by the Department, will be deemed as performance by the Sponsor. 2b. Not less than 60 days prior to construction loan closing, the Sponsor shall provide updated financial documents including, but not limited to the development budget, development sources and uses, schedule of rents and unit mix, operating budget and 15-year cash-flow analysis, which are acceptable to the Department and demonstrate compliance with all applicable Program regulations or guidelines and the Uniform Multifamily Regulations (UMR). All proposed changes to the project, including but not Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 7 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 limited to project financing, rents and unit mix, scope of work to be performed or Borrower’s organizational structure must be submitted to and approved by the Department in writing. 2c. Danco Communities, who garnered the experience points at the application stage must be the Sponsor who controls the borrowing entity at construction, through permanent close of escrow, and into management and operation of the project. Organizational documents demonstrating that the experienced Sponsor has the authority to exercise control of the borrowing entity in compliance with Section 8301(s) of the Uniform Multifamily Regulations (UMR) must be submitted to the Department for review and approved by the Department prior to execution of the Standard Agreement. 2d. The Department retains the right and discretion to disencumber awards where awardees have failed to make sufficient progress in meeting applicable milestones and deadlines subject to Administrative Notice 2022-02 dated March 30, 2022, and any future amendments. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. The disencumbrance policy is applicable to HCD state funded multifamily housing programs. For awards made prior to July 1, 2022, the 24-month period shall begin on July 1, 2022. For awards made on or after July 1, 2022, the 24-month period will begin as of the date of the initial program funding awarded to the project, unless amended in a subsequent Notice. 2e. The Department will assess Negative Points, as applicable, to Sponsor(s)/Applicant(s)/Recipient(s) subject to Administrative Notice 2022-01, dated March 31, 2022, and any future amendments. The Negative Points policy is applicable to all HCD state and federal funding programs – loans and grants, administered by HCD’s Divisions of State and Federal Financial Assistance. Negative points will be calculated based on the criteria outlined in the Notice and will be applicable to all Notices of Funding Availability issued on or after the original date of this notice for the previous 5-year period, except when noted or amended. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. In addition, the Department reserves the right, in its sole discretion, to revoke an entity’s eligible Sponsor/Applicant/Recipient status at any time based on documented serious issues with the operation, maintenance or implementation of project or program funds. 2f. Administrative Notice 23-01 (“Notice”) sets forth and establishes the Department’s Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 8 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 Pooled Transition Reserve Fund Policy (“Transition Reserve Policy” or “Policy”) applicable to all HCD state and federal multifamily loan programs, except in cases where this Policy conflicts with federal requirements, implementing statutory changes made under SB 948 (Chapter 667, Statutes 2002) applicable to Health and Safety Code Section 60468. This Notice takes effect as of January 1, 2023, and amends any active program guidelines and Notices of Funding Availability. This Notice applies to all HCD- awarded rental housing projects which have federally originated rental assistance or operating subsidies, or rental subsidies operated by the City and County of San Francisco and the City of Los Angeles which will close permanent financing on or after January 1, 2023. Prior to permanent loan conversion, the Sponsor shall provide updated financial documents including, but not limited to the development budget, development sources and uses, Project Based Rental Vouchers or Subsidies, Operating Subsidy, operating budget and 15-year cash-flow analysis, which are acceptable to the Department and demonstrate compliance with the Policy. 2g. The total HCD Loan and grant funding, including AHSC (AHD/HRI), shall not exceed 50 percent of the development cost for 4%, tax credit projects. 2h. No loans requiring a balloon payment prior to full amortization are allowed unless permitted by regulation, in which case the Department’s affordability provisions must be in a senior lien position to the lender’s deed of trust. The terms of senior loans must comply with all the underwriting standards of UMR 8310. 2i. Prior to permanent loan close, the Applicant shall provide documentation, satisfactory to the Department that verifies the Project is constructed to accommodate broadband service with at least a speed of 100 megabits per second for downloading and 20 megabits per second for uploading (100/20). 2k. Sponsor(s) and Borrower are acknowledging the Project as submitted and approved is the Project that is to be funded and built. Any bifurcation would make that award null and void, as the awarded Project is no longer feasible as originally submitted and approved. Any Department awarded funds are unable to be assumed or assigned. 2l. AHSC Guideline Section 104(a)(4) states Department funds shall not be used to supplant other available financing committed by local jurisdictions or public entity at the time of application. Program has verified the following committed funds that will Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit A to the Resolution - Standard Loan Agreement Petaluma Corona Station LP City of Petaluma Danco Communities 23-AHSC-17962 Page 9 of 9 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Loan NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 5 contribute to the development of Project: City of Petaluma, approved by the Petaluma City Council on November 20, 2020. Applicant acknowledges any future application submissions seeking additional Department funding for awarded Project must demonstrate the funding referenced above. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 1 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 PROJECT-SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS 1. Project-Specific Provisions The following are project-specific terms and conditions (and shall inform the references made to project-specific information not contained in prior exhibits. Provision Ex. A-E.1 (As Referenced in Exhibit A, section 1) The Project Report is dated November 28, 2023. Provision Ex. A-E.2 (As Referenced in Exhibit A, section 1) The Award Letter is dated September 1, 2023, amended June 16, 2025. Provision Ex. A-E.3 (As Referenced in Exhibit A, section 3) The Scope of Work (“Work”) for this Agreement shall consist of one or more of the following categories, by or on behalf of the Recipient, within the Program Project Area: Included (“x”) Grant Award Categories Housing Related Infrastructure (HRI) X Program Costs (PGM) X Sustainable Transportation Infrastructure (STI) X Transportation-Related Amenities (TRA) Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 2 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. A-E.4 (As Referenced in Exhibit A, section 3) The Development that is identified in the Award Letter and described in the Application, and that is supported by the HRI Work, if any, and which is to be developed and constructed by the Recipient, or other developer on behalf of the Recipient, contains the following unit mix: 890 North McDowell Boulevard Sonoma, CA 94954 Sonoma County, APN: 137-061-019-000 Meridian at Petaluma North Enter the number of units by bedroom size and income level. # of Bedrooms # of Project Units AHSC Assisted Units* Income Limit (Percent of AMI) TOTAL RESTRICTED UNITS** 0 29 29 30%29 0 4 4 60%4 1 4 4 30%4 1 5 5 40%4 1 4 4 50%4 1 16 3 60%16 2 5 5 50%5 2 30 2 60%30 3 6 6 50%6 3 27 1 60%27 3 1 0 Manager 0 Total Project Units 131 64 130 * 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). Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 3 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 **Total Restricted units include all units restricted by the Program and the Tax Credit Allocation Committee (TCAC). The HRI Grant amount, if any, was calculated based on the number of Total Restricted Units. Provision Ex. A-E.5 (As Referenced in Exhibit A, section 3A) Housing Related Infrastructure The Scope of Work for this Agreement for Housing Related Infrastructure (“HRI Work”) shall consist of the following: N/A Provision Ex. A-E.6 (As Referenced in Exhibit A, section 3B) Program Costs The Scope of Work for this Agreement for Program (PGM) Costs (“PGM Work”), shall consist of the following: The first PGM component will be operated by the Sonoma County Bike Coalition and will provide safety education training programs that include bike repair and bike safety workshops and walking school buses. Helmets, bicycles, and other safety equipment will be distributed to training program participants. The second PGM component Petaluma Transit will provide one (1) free transit passes for three years. Each pass will have a minimum value of 40 average commute length rides a month as determined by transit agency. The third PGM component is The HOME Program by Legal Aid of Sonoma County (LASC) and other organizations as needed, which will continue policy advocacy on anti- displacement. HOME's policy attorney will continue to track issues and collaborate with local partners to advance priorities and policies that prevent displacement. HOME will also provide ongoing outreach, train, and support to community partners. The fourth PGM component is a Workforce Development program operated by SMART for 3 years of an internal Trainee Program, including Santa Rosa Junior College training courses, and Sonoma Corps Career Technical Education hosting year-long internships. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 4 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. A-E.7 (As Referenced in Exhibit A, section 3C) Sustainable Transportation Infrastructure The Scope of Work for this Agreement for Sustainable Transportation Infrastructure (“STI Work”) shall consist of the following: The STI component includes four primary components. First, is the construction of a new passenger infill train station near Corona Road in Petaluma, SMART (Sonoma- Marin Area Rail Transit District) Petaluma North Station. This element also includes the construction of a station platform, along with civic and systems components. Additionally, designated areas for bicycle and auto parking will be constructed. The second STI component focuses on pedestrian and bicycle connectivity by implementing a crossing and signal system across the SMART tracks on the northern side of Corona Road. This element will enable the connection between a future sidewalk on the western side of the tracks and the future SMART tracks on the northern side of Corona Road. The third STI component includes improving pedestrian and bicycle safety across McDowell Boulevard with a pedestrian and bicycle rail crossings and includes civil and systems work. It involves the construction of 2.9 miles of SMART Pathway spanning from Southpoint Boulevard to Main Street Penngrove and also includes civil and system work. The fourth STI component includes the purchase of one electric City bus. Provision Ex. A-E.8 (As Referenced in Exhibit A, section 3D) Transportation-Related Amenities The Scope of Work for this Agreement for Transportation-Related Amenities (“TRA Work”) shall consist of the following: The first TRA component is for the SMART Petaluma North infill station platform improvements and amenities including 12 bicycle racks and 12 electronic bike parking spaces. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 5 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 The second TRA component will include bus stop fixture enhancements for five stops along Route 2, all within a half mile radius of the station. These enhancements will include the installation of bus shelters, benches, trash cans, bike racks and real-time signs. Provision Ex. A-E.9 (As Referenced in Exhibit A, section 4) Criteria Applicability Based on the points awarded to its Application, Recipient assures the Department of the existence of the following criteria of Section 107 in the Guidelines AHSC Round 7 Guidelines, Section 107 Reference Application Score (a) GHG Transit and Shared Mobility 5 (b) GHG Project Area 6 (c) GHG Efficiency 15 (d) Active Transportation and Transit Improvements 14 (e) Green Buildings and Renewable Energy 3 (f) Housing and Transportation Collaboration 8 (g) Location Efficiency and Access to Destinations 2 (h) Funds Committed 4 (i) Prohousing Designation 2 (j) Anti-Displacement Activities 4 (k) Local Workforce Development and Hiring Practices 1.5 (l) Housing Affordability 3 (m) Programs 3 (n) Community Benefits & Engagement 4 (o) Climate Adaptation & Community Resiliency 2 (p) Collaboration & Planning 4 (q) Equity & Transformation 2 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 6 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. A-E.10 (As Referenced in Exhibit A, section 4A) GHG Emissions Reductions Estimate Based on the inputs in the Application, the estimated total MTCO2e over the life of the project is 53,289. This information can be found on the SGC’s website in a document titled Round 7 Data for Public Release Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 7 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. A - E.11 (As Referenced in Exhibit A, section 5) Performance Milestones Recipient shall ensure the completion of the Performance Milestones set forth by the designated dates as found below: HRI PERFORMANCE MILESTONES DATE Executed binding agreement between the Recipient and developer of the proposed Development detailing the terms and conditions of the Project development. N/A Site Control of Development site(s) by proposed housing developer.N/A Completion of all necessary environmental clearances, including those required under CEQA and NEPA.N/A Obtaining all necessary and discretionary public land use approvals.N/A Obtaining all enforceable funding commitments for at least the first phase of the Development supported by HRI.N/A Obtaining all enforceable funding commitments for all construction period financing for the HRI.N/A Obtaining enforceable commitments for all construction/permanent financing described in the Sources and Uses including substantially final construction and permanent loan documents, and tax credit syndication documents for remaining phases of Project. N/A Submission of final construction drawings and specifications to the appropriate local building department or permitting authority.N/A Commencement of construction of the HRI.N/A Construction of HRI complete.N/A Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 8 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Program funds fully disbursed.N/A PGM PERFORMANCE MILESTONES DATE Identification and commitment of program operator and partners.08/01/2023 Completion of a business or a work plan.02/01/2025 Program funds fully disbursed.09/30/2028 STI PERFORMANCE MILESTONES DATE Executed binding agreement between the Recipient and developer of the STI Work detailing the terms and conditions of the Project development. 10/23/2023 Site Control of STI site(s) by proposed developer.12/01/2022 Completion of all necessary environmental clearances, including those required under CEQA and NEPA.09/15/2021 Commencement of construction of STI.10/01/2023 Construction completion of STI and closeout.03/30/2028 Program funds fully disbursed.09/30/2028 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 9 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 TRA PERFORMANCE MILESTONES DATE Executed binding agreement between the Recipient and developer of the TRA Work detailing the terms and conditions of the Project development. 10/18/2023 Site Control of TRA site(s) by proposed developer.12/01/2022 Completion of all necessary environmental clearances, including those required under CEQA and NEPA.09/15/2021 Commencement of construction of TRA.11/01/2025 Construction completion of TRA and closeout.03/30/2028 Program funds fully disbursed.09/30/2028 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 10 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. A-E.12 (As Referenced in Exhibit A, section 7 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: Sponsor:Danco Communities Authorized Representative Name:Daniel J. Johnson Authorized Representative Title:President Address:5251 Ericson Way Arcata, CA 95521 Phone No.:(707) 822-9000 Email Address:djohnson@danco-group.com Sponsor:City of Petaluma Authorized Representative Name:Peggy Flynn Authorized Representative Title:City Manager Address:11 English St. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 11 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Petaluma, CA 94952 Phone No.:(707) 778-4345 Email Address:Pflynn@cityofpetaluma.org Sponsor:Sonoma-Marin Area Rail Transit District (SMART) Authorized Representative Name:Eddy Cumins Authorized Representative Title:General Manager Address:5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Phone No.:(707) 794-3057 Email Address:ecumins@sonomamarintrain.org Provision Ex. B-E.1 (As Referenced in Exhibit B, section 2(A)(1)) For the purposes of performing the HRI Work, as set forth in provision Ex. A-E.5 of this Exhibit E, the Department agrees to provide N/A. Provision Ex. B-E.2 (As Referenced in Exhibit B, section 2(A)(2)) For the purposes of performing the PGM Work, as set forth in provision Ex. A-E.6 of this Exhibit E, the Department agrees to provide $744,840. Provision Ex. B-E.3 (As Referenced in Exhibit B, section 2(A)(3)) For the purposes of performing the STI Work, as set forth in provision Ex. A-E.7 of this Exhibit E, the Department agrees to provide $7,739,000. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 12 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. B-E.4 (As Referenced in Exhibit B, section 2(A)(4)) For the purposes of performing the TRA Work, as set forth in provision Ex. A-E.8 of this Exhibit E, the Department agrees to provide $445,000. Provision Ex. B-E.5 (As Referenced in Exhibit B, section 6) All payees receiving Grant funds are listed below: Payee Name Activity Award Amount City of Petaluma PGM $594,840 City of Petaluma STI $4,839,000 City of Petaluma TRA $150,000 Sonoma-Marin Rail Transit District (SMART)PGM $150,000 Sonoma-Marin Rail Transit District (SMART)STI $2,900,000 Sonoma-Marin Rail Transit District (SMART)TRA $295,000 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 13 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Provision Ex. B - E.6 (As Referenced in Exhibit B, section SOURCES AND USES - HRI PROJECT BUDGET INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES N/A N/A ESTIMATED HRI CAPITAL IMPROVEMENT PROJECT COSTS DEVELOPMENT COSTS BY FUNDING SOURCE DEVELOPMENT COSTS COST CATEGORY TOTAL AMOUNT AHSC GRANT PROGRAM SUM OF ALL OTHER FUNDING PROJECT ACTIVITY (HARD COSTS) Total Project Activity Costs $0 $0 $0 SOFT COSTS AND OTHER PROJECT RELATED COSTS Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 14 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Total Soft Cost and Other Project Related Costs $0 $0 $0 TOTAL PROJECT COSTS $0 $0 $0 Provision Ex. B-E.7 (As Referenced in Exhibit B, section 6C) SOURCES AND USES – PROGRAM COSTS PROJECT BUDGET BUDGET AND SOURCES Meridian at Corona City of Petaluma & Sonoma-Marin Area Transit Rail District ESTIMATED PROGRAM COSTS DEVELOPMENT COSTS BY FUNDING SOURCE DEVELOPMENT COSTS COST CATEGORY TOTAL AMOUNT AHSC GRANT PROGRAM SUM OF ALL OTHER FUNDING SOFT COST AND OTHER PROJECT RELATED COSTS Total Soft Cost and Other Project Related Costs $0 $0 $0 Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 15 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 TOTAL PROGRAM COSTS $744,840 $744,840 $0 Provision Ex. B-E.8 (As Referenced in Exhibit B, section 6C) SOURCES AND USES - STI PROJECT BUDGET INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES Meridian at Corona City of Petaluma & Sonoma-Marin Area Transit Rail District ESTIMATED STI CAPITAL IMPROVEMENT PROJECT COSTS DEVELOPMENT COSTS BY FUNDING SOURCE DEVELOPMENT COSTS COST CATEGORY TOTAL AMOUNT AHSC GRANT PROGRAM SUM OF ALL OTHER FUNDING PROJECT ACTIVITY (HARD COSTS) Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 16 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Total Project Activity Costs $24,524,000 $7,424,000 $17,100,000 SOFT COSTS AND OTHER PROJECT RELATED COSTS Total Soft Cost and Other Project Related Costs $315,000 $315,000 $0 TOTAL PROJECT COSTS $24,839,000 $7,739,000 $17,100,000 Provision Ex. B-E.9 (As Referenced in Exhibit B, section 6C) SOURCES AND USES – TRA PROJECT BUDGET INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES Meridian at Corona City of Petaluma & Sonoma-Marin Area Transit Rail District ESTIMATED TRA CAPITAL IMPROVEMENT PROJECT COSTS DEVELOPMENT COSTS BY FUNDING SOURCE DEVELOPMENT COSTS COST CATEGORY TOTAL AMOUNT AHSC GRANT PROGRAM SUM OF ALL OTHER FUNDING PROJECT ACTIVITY (HARD COSTS) Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 17 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 Total Project Activity Costs $1,745,000 $445,000 $1,300,000 SOFT COSTS AND OTHER PROJECT RELATED COSTS Total Soft Cost and Other Project Related Costs $0 $0 $0 TOTAL PROJECT COSTS $1,745,000 $445,000 $1,300,000 Provision Ex. D-E.1 (As Referenced in Exhibit D, section 28) MERIDIAN AT PETALUMA NORTH 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 2. Special Conditions 2a. The Department will assess Negative Points, as applicable, to Sponsor(s)/Applicant(s)/Recipient(s) subject to Administrative Notice 2022-01, dated March 31, 2022, and any future amendments. The Negative Points policy is applicable to all HCD state and federal funding programs – loans and grants, administered by HCD’s Divisions of State and Federal Financial Assistance. Negative points will be Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14 Exhibit B to the Resolution - Standard Grant Agreement City of Petaluma Danco Communities Sonoma-Marin Area Rail Transit District 23-AHSC-17963 Page 18 of 18 EXHIBIT E Affordable Housing and Sustainable Communities (AHSC) Program Round 7 - Grant NOFA Date: 01/30/2023, Amended 03/15/2023 Approved Date: 05/03/2023 Prep. Date: 01/31/2024 3 3 0 8 6 calculated based on the criteria outlined in the Notice and will be applicable to all Notices of Funding Availability issued on or after the original date of this notice for the previous 5-year period, except when noted or amended. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. In addition, the Department reserves the right, in its sole discretion, to revoke an entity’s eligible Sponsor/Applicant/Recipient status at any time based on documented serious issues with the operation, maintenance or implementation of project or program funds. 2b. The Department retains the right and discretion to disencumber awards where awardees have failed to make sufficient progress in meeting applicable milestones and deadlines subject to Administrative Notice 2022-02 dated March 30, 2022, and any future amendments. Such determination will be on a case-by-case basis and may use the enumerated criteria set forth in the Notice when making such decisions. The disencumbrance policy is applicable to HCD state funded multifamily housing programs. For awards made prior to July 1, 2022, the 24-month period shall begin on July 1, 2022. For awards made on or after July 1, 2022, the 24-month period will begin as of the date of the initial program funding awarded to the project, unless amended in a subsequent Notice. 2c. The Department represents and warrants that as of the date of this Agreement the funds which are the subject of this Agreement are continuously appropriated to the AHSC Program and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced once construction has commenced, so long as Sponsor is in compliance with AHSC Program requirements and in accordance with the construction commencement requirements within this Agreement. Said funds must still be disbursed prior to any applicable disbursement or expenditure deadlines set forth in this Agreement. Docusign Envelope ID: 967E3780-B385-4EE4-9DFC-BD179CC5CF14