AgdaPkt 2016-06-27 Closed and Joint SA PFA

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ATTY/AGR/2016/AMENDMENTS/AMEND NO. 2 – HABITAT FOR HUMANITY GREATER SAN FRANCISCO REV: 06-17-16 VR Page 1 of 2 AMENDMENT NO. 2 TO AGREEMENT WITH HABITAT FOR HUMANITY GREATER SAN FRANCISCO FOR FUNDS TO ACQUIRE 612 JEFFERSON THIS AMENDMENT NO. 2 TO AGREEMENT (“Amendment”) is made and entered into this ________ day of __________________, 2016, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California (“City”) and HABITAT FOR HUMANITY GREATER SAN FRANCISCO, a California nonprofit organization (“Contractor”; collectively the “Parties”). WITNESSETH: WHEREAS, the Parties are parties to that certain Agreement, dated February 24, 2015 (the “Original Agreement”), whereby the City agreed to provide Contractor One Hundred Fourteen Thousand Eight Hundred Ninety Five and no/100 dollars ($114,895) of financial assistance, in the form of federal Community Development Block Grant Program (“CDBG”) funds, to assist Contractor in acquiring property located at 612 Jefferson Avenue in Redwood City to be used to construct up to twenty (20) units of affordable ownership housing for low income households, as more specifically described in the Original Agreement; and WHEREAS, the Parties entered into an Amendment (“Amendment No. 1”) whereby the City provided additional CBDG funds to assist Contractor in paying for certain pre-development costs of the Project (the Original Agreement and Amendment No. 1 are collectively referred to as the “Agreement”); and WHEREAS, the Parties now seek to amend the Agreement to extend the time for performance from June 30, 2016 to June 30, 2017, as provided below in this Amendment. NOW, THEREFORE, the Parties hereby agree as follows: 1. General. The Witnesseth, and defined terms therein, are incorporated herein by this reference as though fully set forth herein. Any capitalized term not otherwise defined in this Amendment shall have the meaning provided for that term in the Agreement. 2. Contractor Representations. (a) Contractor represents that it has used all funds provided by City under the Agreement only for the purposes permitted by the Agreement, and in all respects has fully complied with the Agreement. (b) Contractor further represents that it is not in breach or default (with or without the giving of notice, the passage of time, or both) under the Agreement, and it has received no claims, notices, or demands to the effect that it is in breach or default (with or without the giving of notice, the passage of time, or both) under the Agreement. 3. Amendments to Paragraph 1 (Financial Assistance). Paragraph 1 (Financial Assistance), subparagraph (b) (as amended by Amendment No. 1) is hereby amended as follows: (b) City will allocate to Contractor the sum of Two Hundred Seventy Six Thousand Four Hundred Ninety Three and no/100 dollars ($276,493) for exclusive use by 6.1.O. - Page 4