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A CAPITAL IMPROVEMENT AGREEMENT <br />COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS <br />(STEPPING STONES GROWTH CENTER) <br />FISCAL YEAR 2001-2002 <br />THIS AGREEMENT is made at San Leandro, California, as of July 16, 2001 by and <br />between the CITY OF SAN LEANDRO, a municipal corporation ("City"), and STEPPING <br />STONES GROWTH CENTER, a California non-profit corporation ("Recipient"), who agree as <br />follows: <br />1. SERVICES. Subject to the terms and conditions set forth in this Agreement, <br />Recipient shall provide the Capital Improvements ("Work") described in Exhibit A. Recipient shall <br />provide said Work on 311 MacArthur Blvd, San Leandro, California, ("property") at the time, place <br />and in the manner specified in Exhibit A. Recipient shall not commence said work nor shall it be <br />entitled to any payment for said work until it has received written notice from the City that the City <br />has received Housing and Urban Development (HUD) CDBG funding for the 2001-2002 Fiscal <br />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 />G:\DS\EIOPE\Stepping Stones CIP Agreement (CDGB),FY 2001-2002.doc Page 1 <br />