Agmt13 Mental Health Association of San Mateo Co. (MHA)

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ORIGINAL AMENDMENT TO AGREEMENT WITH MENTAL HEALTH ASSOCIATION OF SAN MATEO COUNTY FOR FUNDS TO ACQUIRE 105 5th AVENUE THIS AM NDM N TO AGREEMENT ("Amendment") is made and entered into this _�day of � _, 2015, by and between the CITY OF REDWOOD CITY, a charter city and munic pal corporation of the State of California ("City") and MENTAL HEALTH ASSOCIATION OF SAN MATEO COUNTY (MHA), a California nonprofit organization ("Contractor�; collectively the "Parties"). WITNESSETH: WHEREAS, the Parties are parties to that certain Agreement, dated July 26, 2013 (the "Original Agreement" and, as amended by this Amendment, the "Agreement"), whereby the Gity agreed to provide Contractor Four Hundred Thousand and no/100 Dollars ($400,000) of financial assistance, in the form of a 30-year loan of federal Community Development Block Grant Program ("CDBG") funds, to assist Contractor in acquiring property located at 105 5m Avenue in unincorporated Redwood City to be used to build affordable permanent supportive housing for very low income disabled adults, as more specifically described in the Original Agreement; and WHEREAS, Contractor has asked the City for additional CDBG funds to assist Contractor in paying for certain site clearance activities on the Property, and the City has agreed to do so, as provided 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 Original Agreement. 2. Contractor Representations. (a) Contractor represents that it has used all funds provided by City under the Original Agreement only for the purposes permitted by the Original Agreement, and in all respects has fully complied with the Original 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 Original 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 Original Agreement. 3. Amendments to Paraqraph 1. Financial Assistance. All of the first paragraph of Original Agreement Paragraph 1 (Financial Assistance) after the title is hereby designated as subparagraph (a), the reference to "Paragraph 2" in that paragraph is hereby revised to read "Paragraph 2(a)", the definition of "Loan Term" in the last sentence of that paragraph is revised to read "shall be the date which is thirty (30) years from the date of Project Completion", the second paragraph of Original Agreement Paragraph 1 is hereby designated as subparagraph (c), and the following is hereby added as a new subparagraph (b): REV:10-19-15 VR Page i of 7 ATTY/AGR.Amend. No. 1/MHA Funding Agmt Amendment No.1