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CERTIFICATION 7 4- 6 0 0 2 2 3 8 29. CERTIFICATION I HEREBY APPLY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR APPROVAL TO PARTICIPATE IN THE APPLICATION ACTIVITY AS THE APPLICANT. I CERTIFY THAT: 7V THE "PREVIOUS PARTICIPATION" CONTAINS A LISTING OF EVERY DEVELOPMENT ACTIVITY THAT RECEIVED TDHCA FUNDING, IN WHICH THE LEAD APPLICANT HAS PARTICIPATED. FV NO PRINCIPAL OF THE APPLICANT TEAM IS CURRENTLY OR HAS BEEN BARRED, SUSPENDED, OR TERMINATED FROM PROCUREMENT IN A STATE OR FEDERAL PROGRAM OR LISTED IN THE LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT OR NON-PROCUREMENT PROGRAMS. NO PRINCIPAL OF THE APPLICANT TEAM HAS BEEN CONVICTED OF A STATE OR FEDERAL FELONY CRIME INVOLVING FRAUD, BRIBERY, THEFT, MISREPRESENTATION OF MATERIAL FACT, MISAPPROPRIATION OF FUNDS, OR OTHER SIMILAR CRIMINAL OFFENSES WITHIN FIFTEEN YEARS PRECEDING THE APPLICATION DEADLINE. AT THE TIME OF APPLICATION, NO PRINCIPAL OF THE APPLICANT TEAM IS CURRENTLY OR HAS BEEN SUSPENDED, DEBARRED, OR SUBJECT TO AN ENFORCEMENT OR DISCIPLINARY ACTION UNDER STATE OR FEDERAL SECURITIES LAW OR BY THE NASD; SUBJECT TO A FEDERAL TAX LIEN; THE SUBJECT OF AN ENFORCEMENT PROCEEDING WITH ANY GOVERNMENTAL ENTITY; OR OTHERWISE RESTRICTED BY ANY DEPARTMENT OR AGENCY OF FEDERAL OR STATE GOVERNMENT FROM DOING BUSINESS WITH SUCH DEPARTMENT OR AGENCY. ANY PRIVATE ACTIVITY BOND FINANCING OF THE DEVELOPMENT DESCRIBED BY THE APPLICATION WILL NOT BE REPLACE IN LESS THAN 15 YEARS, UNLESS THE DEVELOPMENT WILL MAINTAIN FOR A PERIOD OF 30 YEARS OR MORE 100% OF THE DEVELOPMENT UNITS SUPPORTED BY HOUSING TAX CREDITS AS RENT-RESTRICTED AND EXCLUSIVELY FOR OCCUPANCY BY INDIVIDUALS AND FAMILIES EARNING NOT MORE THAN 50% OF THE AREA MEDIAN GROSS INCOME, ADJUSTED FOR FAMILY SIZE; AND AT LEAST ONE-THIRD OF ALL THE UNITS IN THE DEVELOPMENT ARE PUBLIC HOUSING UNITS OR SECTION 8 DEVELOPMENT-BASED UNITS. THE PRINCIPALS OF THE APPLICANT TEAM HAVE NO PREVIOUS FUNDING CONTRACTS OR COMMITMENTS THAT HAVE BEEN PARTIALLY OR FULLY DEOBLIGATED DUE TO A FAILURE TO MEET CONTRACTUAL OBLIGATIONS DURING THE 12 MONTHS PRIOR TO THE SUBMISSION OF THE APPLICATION; AN EXCEPTION MAY BE MADE AT THE DISCRETION OF THE DEPARTMENT IF THE DEOBLIGATION WAS VOLUNTARY, PART OF PROJECT CLOSE-OUT OR THE REMAINDER WAS COMPLETED ON A SUBSEQUENT CONTRACT. ?? THE PRINCIPALS OF THE APPLICANT TEAM HAVE NOT BEEN, DURING THE FIVE-YEAR PERIOD PRECEDING THE DATE OF THE SUBMISSION OF THE APPLICATION, CONVICTED OF VIOLATING A FEDERAL LAW IN CONNECTION WITH A CONTRACT AWARDED BY THE FEDERAL GOVERNMENT FOR RELIEF, RECOVERY, OR RECONSTRUCTION EFFORTS AS A RESULT OF HURRICANE RITA, AS DEFINED BY SECTION 39.459, UTILITIES CODE, HURRICANE KATRINA, OR ANY OTHER DISASTER OCCURRING AFTER SEPTEMBER 24, 2005; OR BEEN ASSESSED A PENALTY IN A FEDERAL CIVIL OR ADMINISTRATIVE ENFORCEMENT ACTION IN CONNECTION WITH A CONTRACT AWARDED BY THE FEDERAL GOVERNMENT FOR RELIEF, RECOVERY, OR RECONSTRUCTION EFFORTS AS A RESULT OF HURRICANE RITA, AS DEFINED BY SECTION 39.459, UTILITIES CODE, HURRICANE KATRINA, OR ANY OTHER DISASTER OCCURRING AFTER SEPTEMBER 24, 2005. ?? FOR THE PERIOD BEGINNING TEN YEARS PRIOR TO THE DATE OF THIS CERTIFICATION: THE PRINCIPALS OF THE APPLICANT TEAM HAVE NOT BEEN ARRESTED, INDICTED, CONVICTED, OR IMPRISONED FOR A FELONY DURING THE LAST TEN YEARS, AND AM NOT PRESENTLY THE SUBJECT OF A COMPLAINT OR INDICTMENT CHARGING FOR A CRIME OF MORALTURPITUDE. THE PRINCIPALS OF THE APPLICANT TEAM HAVE NOT DEFAULTED ON AN OBLIGATION COVERED BY A SURETY OR PERFORMANCE BOND AND HAVE NOT BEEN THE SUBJECT OF A CLAIM UNDER AN EMPLOYEE FIDELITY BOND. O FOR THE PERIOD BEGINNING TEN YEARS PRIOR TO THE DATE OF THIS CERTIFICATION, DURING PARTICIPATION IN THE DEVELOPMENTS IN THE "PREVIOUS PARTICIPATION," THERE HAS NOT BEEN: A MORTGAGE IN DEFAULT, ASSIGNED OR FORECLOSED, NOR HAS MORTGAGE RELIEF BY THE LENDER BEEN GIVEN; TO THE BEST OF MY KNOWLEDGE, UNRESOLVED FINDINGS RAISED AS A RESULT OF DEPARTMENTAL OR HUD AUDITS, MANAGEMENT REVIEWS OR OTHER GOVERNMENTAL INVESTIGATION CONCERNING ME OR MY DEVELOPMENTS, OR CONTRACT; ANY BREACH BY THE OWNER OF ANY AGREEMENTS RELATING TO THE CONSTRUCTION OR REHABILITATION, USE, OPERATION, MANAGEMENT, OR DISPOSITION; OR A SUSPENSION OR TERMINATION OF PAYMENTS UNDER ANY STATE OR FEDERAL ASSISTANCE CONTRACT. Texas Neighborhood Stabilization Program -- 2009 APPLICATION (312712009)