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by 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 other <br />contracts between the Applicant and the Department. <br />4. Applicant certifies that it will subgrant some or all of its PLHA funds to another <br />entity or entities. Pursuant to Guidelines Section 302(c)(3), "entity" means a housing developer <br />or 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 <br />Rental Housing Development, the Local government shall make PLHA assistance in the form of <br />a low -interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through <br />a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict <br />occupancy and rents in accordance with a Local government -approved underwriting of the Project <br />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 />by the Department. <br />10. Jeff Kay, Applicant's City Manager, is authorized to execute the PLHA Program <br />Application, the PLHA Standard Agreement and any subsequent amendments or modifications <br />thereto, as well as any other documents which are related to the Program or the PLHA grant <br />awarded to Applicant, as the Department may deem appropriate. <br />Introduced by Councilmember Ballew and passed and adopted this 20th day of July 2020, <br />by the following vote: <br />Members of the Council: <br />AYES: Councilmembers Aguilar, Ballew, Cox, Hernandez, Lee, Lopez, Mayor Cutter (7) <br />NOES: None (0) <br />ABSENT: None (0) <br />ATTEST: <br />d*Z- <br />Lelfiiaia I. Miguel, y Clerk <br />RESOLUTION NO.2020-086 2 <br />