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CAPITAL IMPROVEMENT AGREEMENT <br />COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS <br />(BUILDING FUTURES WITH WOMEN AND CHILDREN) <br />FISCAL YEAR 2001-2002 <br />THIS AGREEMENT is made at San Leandro, California, as of JULY 16, 2002, by and <br />between the CITY OF SAN LEANDRO, a municipal corporation("City"), and BUILDING <br />FUTURES WITH WOMEN AND CHILDREN, a California nonprofit organization <br />("Recipient") who agrees as follows: <br />1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Recipient <br />shall provide the Capital Improvements ("Work") described in Exhibit A. Recipient shall provide <br />said Work at the time, place and in the manner specified in Exhibit A. Recipient shall not <br />commence said work nor shall it be entitled to any payment for said work until it has received <br />written notice from the City that the City has received Housing and Urban Development (HUD) <br />CDBG funding for the 2001-2002 Fiscal Year. <br />2. PAYMENT. City shall provide funds to the Recipient for Work performed <br />pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The amounts <br />specified in Exhibit B shall be the only payments to be made to Recipient for Work performed <br />pursuant to this Agreement. Recipient shall submit all billings for said Work to City in the manner <br />specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and <br />customary procedures and practices which Recipient uses for billing clients similar to City. <br />Notwithstanding any other language set forth in this agreement, City shall not be responsible for <br />any payments to the Contractor in the event that the City fails, for any reason, to receive CDBG <br />funds from HUD. <br />Page 1 G:\DS\HOPE\BUILDING FUTURES WITH WOMEN AND CHILDRENCIP AGMT.FY 2001-2002.doc <br />