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CAPITAL IMPROVEMENT AGREEMENT <br />WITH THE DAVIS STREET COMMUNITY CENTER <br />FOR THE USE OF CDBG FUNDS <br />FOR THE PURCHASE OF THE PROPERTY AT <br />1103 DAVIS STREET <br />This Agreement, dated as of January 18, 2000, is entered into by and between City of <br />San Leandro, a municipal corporation hereinafter designated "City" and the Davis Street <br />Community Center, a California nonprofit public benefit corporation, hereinafter designated <br />"Recipient." <br />RECITALS <br />WHEREAS, City is desirous of contracting with Recipient for a loan to acquire property to used <br />for the construction of a new Davis Street Community Center; and <br />WHEREAS, the Davis Street Community Center provides services to low income residents, <br />including job skills training and food bank; and <br />WHEREAS, City wishes to provide funds for this purpose; and <br />WHEREAS, such expenditure meets the national objectives for the use of CDBG funds; and <br />WHEREAS, .Recipient is willing and able to perform duties and render services which are <br />determined by City to be necessary or appropriate for the welfare of residents of the City; and <br />WHEREAS, City desires that such duties and services be provided by Recipient, and Recipient <br />agrees to perform such duties and render such services, as more particularly set forth below. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements <br />contained herein, the parties hereto agree as follows: <br />ARTICLE 1: LOAN <br />SECTION 1.01 LOAN <br />l Subject to the terms and conditions of this Agreement, City hereby agrees to Loan to <br />Recipient Two Hundred Fourteen Thousand Nine Hundred Forty-one Dollars ($214,941.00), <br />which shall bear interest at the rate of two percent (2%) per annum simple interest, through the <br />Term of this Agreement. The Term of ,this Agreement shall be thirty (30) years. The entire <br />principal and accrued interest shall be deferred for the Term and shall be due and payable at the <br />end of the Term, except as provided below. If Recipient fulfills the provisions of Section 1.02 of <br />this Agreement for the entire Term of the Loan, the City shall forgive the loan at the end of the <br />Term. If Recipients sells the Property without prior written approval of the City, the Loan shall <br />become due and payable upon sale. <br />