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COUNTY OF HAWAI'I OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 201H APPLICATION CERTIFICATIONS AND ASSURANCES Kuakini Heights housing Partners LP Whereas, the "Developer") is applying to the Hawaii County Office of Housing and Community Development (the "County") for assistance in the 201H process; and Whereas, the Developer understands that it is necessary that certain conditions be satisfied as part of the Application requirements. Now, therefore, the Developer certifies as follows: 1. The Developer is eligible for assistance under state statute and guidelines for the Program. 2. The Developer will minimize displacement as a result of activities assisted with the 201H expedited processing and assist persons displaced as a result of such activities. 3. The Developer will actively market in an ongoing manner all housing units and services expedited through the Program. 4, The Developer is prepared and has the authority within its charter, bylaws, or through statutory regulations to enter into a development agreement with the County for acceptance and use of 201H expedited processing assistance. The Developer makes this Application and certification with full cognizance of its governing body. 5. The Developer agrees the County will at all times be indemnified and held harmless against all losses, costs, damages, expenses and liabilities whatsoever in nature or kind (including, but not limited to attorney's fees, litigation and court costs, amounts paid in settlement, and amounts paid to discharge judgment, any loss from judgment from the Internal Revenue Service) directly and indirectly resulting from, arising out of, or related to acceptance, consideration and approval or disapproval of such 201H expedited processing request. 6. The Developer understands and agrees the County retains the right to contact government officials, representatives of other funding programs, or other individuals to verify or obtain additional information about Developer's proposals. The undersigned hereby agrees and allows the release of any and all information to the County about the representations made within this Application. Such information may include credit history and ratings verifications, confirmation of involvement in past developments, and all other information, on the Developer entity and principals, thereof, as may be required by the County. This information will be used solely by the County to aid in its decision to award assistance offered by the Programs to the Developer and will not be disclosed outside the County, except as required and permitted under law. 7. The Developer has received, reviewed and accepts all the documents (e.g. Explanation, Instructions, etc.) that are attached to the Application and made a part hereof. 8. The Developer understands and agrees the County's receipt of an Application does not constitute acceptance of the Application. The County reserves the right to return an Application at any time without taking further action on the Application due to, but not limited to, the following: a. Failure to meet Application submittal requirements (e.g. correct application fee, cashier's check, correct number of copies). b. Failure to meet 201H program criteria (e.g. Developer eligibility and affordability requirements, etc). 7.19.22