MIDPEN HOUSING CORP (2) - Laserfiche WebLink

Exhibits The following exhibits and attachments are included hereto and incorporated by reference herein Exhibit A — Program/Project Description Exhibit B — Disbursements and Rates Exhibit C — Additional Program Requirements Exhibit D — 504 Compliance Notwithstanding any other provisions of this Agreement, in the event of a conflict between the terms of this Agreement and those of an Exhibit, the terms of the Exhibit will control. 2. Services to be performed by Contractor In consideration for the funding assistance set forth herein and in Exhibit B, Contractor shall perform the services (hereinafter referred to as the "services" or the "work") necessary to implement the Program/Project as described in Exhibit A. For the purposes of this contract "Program" or "Project" may be used interchangeably. 3. Payments In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein, City shall disburse funding assistance to Contractor in the form of payments based on the rates and in the manner specified in Exhibit B. The City reserves the right to withhold disbursements if the City determines that the quantity or quality of the work performed is unacceptable. In no event will the City's total fiscal obligation under this Agreement exceed Four Hundred Fifty Thousand Dollars ($450,000). 4. Term and Termination Subject to compliance with all terms and conditions, the term of this Agreement will be from upon execution through fifty-five years thereafter, unless otherwise modified pursuant to Exhibit A. City may terminate this Agreement for cause after giving Contractor written notice of any breach or default under this Agreement and after the expiration of 30 days from the date of such notice to cure said breach or default, if Contractor fails to cure said breach or default to the satisfaction of City, in City's sole reasonable discretion; provided however, if the breach or default is curable but not of the nature which can be readily cured within 30 days, and Contractor has commenced to cure such breach or default within the 30 day period and is diligently pursuing such cure to completion, Contractor shall have such additional period of time as is reasonably necessary to cure the breach or default. If a default shall occur and be continuing (i.e. Contractor shall fail to cure or to commence to cure), City may pursue all rights and remedies available under this Agreement, and under the accompanying Promissory Note; and, upon execution of the ground lease to Contractor, also the accompanying Deed of Trust. 2 191\52\1543377.4