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1 <br /> 3238974.3 CDBG Loan <br />Agreement <br />CDBG LOAN AGREEMENT <br />BETWEEN THE CITY OF SAN LEANDRO AND <br />SAN LEANDRO BOYS AND GIRLS CLUB, INC <br />This CDBG Loan Agreement (this “Agreement”) is entered into as of __________, 2019 (“Effective <br />Date”) by and between the City of San Leandro, a California charter city (“City”), and San Leandro Boys And <br />Girls Club, Inc., a California nonprofit corporation (“Participant”). City and Participant are hereinafter <br />collectively referred to as the “Parties.” <br />RECITALS <br />A. The City receives funds from HUD under Title I of the Housing and Community Development <br />Act of 1974, as amended (“CDBG”). The CDBG funds must be used by the City in accordance with 24 CFR <br />570 et seq. (the “CDBG Regulations”). <br />B. Participant has a right granted by City to occupy and operate its programs and services upon <br />that certain real property located at 401 Marina Boulevard, San Leandro, California, legally described in Exhibit <br />A (the “Property”). <br />C. Participant desires to perform capital improvements related to the Property, as described under <br />the scope of work, attached hereto as Exhibit B and incorporated herein, including modernizing locker rooms <br />and meeting spaces, as well as other infrastructure upgrades, and seeks City’s assistance to accomplish this <br />goal (the “Improvements”). <br />D. City desires to provide CDBG loans to qualified local nonprofit organizations like Participant in <br />order to assist such organizations with capital improvement projects. <br />E. City has determined that Participant is a qualified local nonprofit organization and is eligible to <br />receive a loan of CDBG funds to construct the Improvements (the “CDBG Loan”). <br />F. The City Council approved its FY2019-2020 U.S. Department of Housing and Urban <br />Development Annual Action Plan, which included funding for the CDBG Loan, on May 6, 2019. <br />G. Concurrently herewith Borrower shall execute a promissory note (the “CDBG Note”) in the <br />amount of the CDBG Loan. This Agreement and the CDBG Note are collectively hereinafter referred to as <br />the “Loan Documents.” <br />H. The California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) <br />(“CEQA”) imposes no conditions on the City's consideration and approval of this Agreement because the <br />Improvements are exempt from CEQA requirements under the categorical exemption set forth in 14 California <br />Code of Regulations Section 15303(b). <br />I. In accordance with the National Environmental Policy Act of 1969, as amended (42 USC <br />4321-4347) (“NEPA”), the City has completed and approved all applicable environmental review for the <br />activities proposed to be undertaken under this Agreement. <br />230