Agmt 2000 Davis Street Community Center (2)

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A CAPITAL IMPROVEMENTS AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ( DAVIS STREET COMMUNITY CENTER) FISCAL YEAR 2000 -01 THIS AGREEMENT is made at San Leandro, California, as of December 18, 2000, by and between the CITY OF SAN LEANDRO, a municipal corporation ( "City "), and DAVIS STREET COMMUNITY CENTER, a California non -profit corporation ( "Recipient "), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Recipient shall provide the Capital Improvements ( "Work ") described in Exhibit A. Recipient shall provide said Work on 1 103 Davis Street, San Leandro, California, ( "property") at the time, place and in the manner specified in Exhibit A. Recipient shall not commence said work nor shall it be entitled to any payment for said work until it has received written notice from the City that the City has received Housing and Urban Development (HUD) CDBG funding for the 2000 -01 Fiscal Year. 2. PAYMENT. City shall provide funds to the Recipient for Work performed pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The amounts specified in Exhibit B shall be the only payments to be made to Recipient for Work performed pursuant to this Agreement. Recipient shall submit all billings for said Work to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Recipient uses for billing clients similar to City. Notwithstanding any other language set forth in this agreement, City shall not be responsible for any payments to the Contractor in the event that the City fails, for any reason, to receive CDBG finds from HUD. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Recipient shall, at its sole cost and expense, furnish all facilities and equipment which may be required for CDBG CIP Agreement Pagel of 3