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File Number: 20-327 <br />WHEREAS, the City Council is familiar with the contents thereof; and <br />WHEREAS, the City Manager recommends approval of said agreement. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />1. If Applicant receives a grant of PLHA funds from the Department pursuant to the <br />above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a <br />manner consistent and in compliance with all applicable state and federal statutes, rules, <br />regulations, and laws, including without limitation all rules and laws regarding the PLHA <br />Program, as well as any and all contracts Applicant may have with the Department. <br />2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount <br />not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of <br />the current NOFA in accordance with all applicable rules and laws. <br />3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by <br />the Department and in accordance with all Program requirements, Guidelines, other rules and <br />laws, as well as in a manner consistent and in compliance with the Standard Agreement and <br />other contracts between the Applicant and the Department. <br />4. Applicant certifies that it will subgrant some or all of its PLHA funds to another entity <br />or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or <br />program operator, but does not mean an administering Local government to whom a Local <br />government may delegate its PLHA allocation; <br />5. Applicant certifies that its selection process of these subgrantees will be accessible <br />to the public and shall avoid any conflicts of interest; <br />6. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be <br />expended only for eligible Activities and consistent with all program requirements; <br />7. Applicant certifies that, if funds are used for the acquisition, construction or <br />rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee <br />shall record a deed restriction against the property that will ensure compliance with one of the <br />requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C); <br />8. Applicant certifies that, if funds are used for the development of an Affordable Rental <br />Housing Development, the Local government shall make PLHA assistance in the form of a <br />low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced <br />through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall <br />restrict occupancy and rents in accordance with a Local government-approved underwriting of <br />the Project for a term of at least 55 years. <br />9. Applicant shall be subject to the terms and conditions as specified in the Standard <br />Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published <br />Page 2 City of San Leandro Printed on 7/15/2020 <br />35