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

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2. Contractor Rearesentations. (a) Contractor and MHA each represent that they have used all funds provided by City under the Original Agreement only for the purposes permitted by the Original Agreement, and in all respects have fully complied with the Original Agreement. (b) Contractor and MHA each further represent that they are not in breach or default (with or without the giving of notice, the passage of time, or both) under the Original Agreement, and they have received no claims, notices, or demands to the effect that they are in breach or default (with or without the giving of notice, the passage of time, or both) under the Original Agreement. 3. Amendments to Paragraph 1. Financial Assistance. Paragraph 1 of the Original Agreement is hereby amended and restated in full to read as follows: (a) City has allocated to Contractor the sum of Four Hundred Thousand and no/100 Dollars ($400,000.00) for exclusive use by Contractor during the fiscal year commencing July 1, 2013, and ending June 30, 2014, solely for the purposes described in Paragraph 2. The CDBG financial assistance from the City is evidenced by a Promissory Note in favor of the City secured by a deed of trust on the Property (the "Deed of Trust"). The Promissory Note provides that the loan be deferred of payments for a term of fifty-five 55 years at zero percent (0%) interest, except in the case of default as hereinafter provided, and shall be repaid in full at the end of the Loan Term, except in the case of a default as hereinafter provided in which case repayment may be accelerated. For the purposes of this Agreement, the "Loan Term" shall be the date which is fifty-five (55) years from the date of Project Completion. (b) City has allocated to Contractor the sum of Two Hundred Thousand and no/100 Dollars ($200,000) for exclusive use by Contractor during the fiscal years commencing July 1, 2014, and ending April 30, 2018, solely for the purposes described in Paragraph 2(b). The CDBG financial assistance from the City is evidenced by a Promissory Note in favor of the City and secured by the Deed of Trust. The Additional Promissory Note provides that the loan be deferred of payments for a term of fifty-five 55 years at zero percent (0%) interest, except in the case of default as hereinafter provided, and shall be repaid in full at the end of the Additional Loan Term, except in the case of a default as hereinafter provided in which case repayment may be accelerated. For the purposes of this Agreement, the "Additional Loan Term" shall be the date which is fifty-five (55) years from the date of Project Completion. 4. Amendments to Paragraph 4. Pavments. Paragraph 4(b) of the Original Agreement is hereby amended and restated in full as follows: (b) No more frequently than monthly, Contractor may submit expense documentation, including invoices, proof of payment and a schedule of expenditures including sources and uses, in form and substance reasonably satisfactory to City's Housing Manager for payment in accordance with the provisions of Exhibit E. Provided that the Contractor has complied with all conditions precedent, the City shall pay to Contractor up to a total of $200,000 within 30 days of receiving each payment request. City shall not be obligated to pay Contractor for the services covered by any invoice if Contractor presents the invoice to City on or after May 1. 2018. REV: 04-07-1715 Page 2 of 5 ATTY/AGR.Amend No. 2 /MHA Waverly Place Agrmt