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A CAPITAL IMPROVEMENT AGREEMENT <br /> COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS <br /> (DEAF COUNSELING ADVOCACY AND REFERRAL AGENCY(DCARA)) <br /> FISCAL YEAR 2002-2003 <br /> THIS AGREEMENT is made at San Leandro, California, as of July 15, 2002 by and <br /> between the CITY OF SAN LEANDRO, a municipal corporation ("City"), and DEAF <br /> COUNSELING ADVOCACY AND REFERRAL AGENCY(DCARA), a California non-profit <br /> corporation("Recipient"), who agree as 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 1550 San Leandro Boulevard, San Leandro, California, ("property")at the time, <br /> place 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 has <br /> received Housing and Urban Development(HUD)CDBG funding for the 2002-2003 Fiscal Year. <br /> 2. PAYMENT. City shall provide funds to the Recipient for Work performed pursuant <br /> to this Agreement at the time and in the manner set forth in Exhibit B. The amounts specified in <br /> Exhibit B shall be the only payments to be made to Recipient for Work performed pursuant to this <br /> Agreement. Recipient shall submit all billings for said Work to City in the manner specified in <br /> Exhibit B; or, if no manner be specified in Exhibit B,then according to the usual and customary <br /> procedures and practices which Recipient uses for billing clients similar to City. Notwithstanding any <br /> other language set forth in this agreement, City shall not be responsible for any payments to the <br /> Contractor in the event that the City fails, for any reason,to receive CDBG funds from HUD. <br /> 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Recipient <br /> shall, at its sole cost and expense, furnish all facilities and equipment which may be required for <br /> Agreement -DCARA page 1 of 3 <br /> July 15,2002—Word <br /> G:\Community Development\CDBG\DCARA\2002-03 <br />