Cornerstone Community Development Capital Improvement Grant Agreement 20230701

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ARPA Grant Agreement 7/1/2023 Between City of San Leandro and Building Futures with Women and Children Page 2 of 11 (f) Participant’s delivery to City of such documentation as City shall reasonably require regarding Participant’s organizational status and authority to execute and perform Participant’s obligations under the Agreement; (g) Participant’s delivery to City of all of the following: (i) Improvements budget; (ii) construction contract; (iii) other assurance of completion reasonably acceptable to City; and (iv) copies of such other documents related to the development and financing of the Improvements as City may reasonably request; and (h) No material adverse change as determined by City in its reasonable judgment shall have occurred in the condition of the Property or the Improvements or in the financial or other condition of Participant since the date of this Agreement. 1.6 NO OBLIGATION TO DISBURSE PROCEEDS UPON DEFAULT. Notwithstanding any other provisions of this Agreement, the City shall have no obligation to disburse any portion of the City Grant Proceeds if there is an occurrence of an Event of Default (defined below) under the Agreement. ARTICLE II CONSTRUCTION OF THE IMPROVEMENTS 2.1 CONSTRUCTION SCHEDULE. Participant shall adhere to the schedule attached hereto under the Scope of Work as Exhibit B. Participant must obtain written approval from the City for any changes to the construction schedule. ARTICLE III AFFIRMATIVE COVENANTS 3.1 USE OF FUNDS. Participant covenants that it shall use the City Grant Proceeds solely for the purpose of financing the construction of the Improvements in accordance with Section 1.4. 3.2 COMPLIANCE WITH LAWS. Participant covenants to comply with all federal, state and local laws, regulations, ordinances and rules applicable to the Property and the Improvements, including without limitation, all applicable requirements of state and local building codes and regulations, and all applicable statutes and regulations relating to accessibility for the disabled. 3.3 INSURANCE. Participant shall procure and maintain for the duration of the Agreement the types and amounts of insurance set forth in Exhibit C, attached hereto an incorporated herein by reference. 3.4 MAINTENANCE. Participant shall maintain the Improvements to the City’s standards and repair Improvements at Participant’s own expense for a period of not less than ten (10) years after completion thereof. 3.5 INDEMNIFICATION. Participant shall indemnify, defend (with counsel reasonably acceptable to City), and hold harmless the City and its respective elected and appointed officials, officers, DocuSign Envelope ID: CA0082D5-0968-4878-8CC3-A2412BD38267