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A CAPITAL IMPROVEMENTS AGREEMENT <br /> COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS <br /> (DAVIS STREET COMMUNITY CENTER) <br /> THIS AGREEMENT is made at San Leandro, California, as of June 17, 1996, by and <br /> between the CITY OF SAN LEANDRO, a municipal corporation ( "City "), and DAVIS <br /> STREET COMMUNITY CENTER, a California non - profit corporation ( "Recipient "), who <br /> 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 <br /> shall provide said Work on 1190 Davis Street, San Leandro, California, ( "property ") at the <br /> time, place and in the manner specified in Exhibit A. Recipient shall not commence said work <br /> nor shall it be entitled to any payment for said work until it has received written notice from <br /> the City that the City has received Housing and Urban Development (HUD) CDBG funding <br /> • for the 1996 -97 Fiscal Year. <br /> 2. PAYMENT. City shall provide funds to the Recipient for Work performed <br /> pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The amounts <br /> specified in Exhibit B shall be the only payments to be made to Recipient for Work performed <br /> pursuant to this Agreement. Recipient shall submit all billings for said Work to City in the <br /> manner specified, in Exhibit B; or, if no manner be specified in Exhibit B, then according to <br /> the usual and customary procedures and practices which Recipient uses for billing clients <br /> similar to City. Notwithstanding any other language set forth in this agreement, City shall not <br /> be responsible for any payments to the Contractor in the event that the City fails, for any <br /> reason, to receive CDBG funds from HUD. <br /> Agreement <br /> Page 1 of 3 <br />