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<br />A-2011-232 <br /> <br />AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />SANT A ANA UNIFIED SCHOOL DISTRICT REGARDING <br />REIMBURSEMENT OF CONSTRUCTION COSTS <br />FOR WILLARD INTERMEDIATE SCHOOL <br />INCORPORATING PROP. 84 GRANT REQUIREMENTS <br /> <br />This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement <br />of Construction Costs for Willard Intermediate School Incorporating Prop. 84 Grant Requirements ("Agreement") is <br />made this 11 th day of October, 2011, by and between the City of Santa Ana, a charter city and municipal <br />corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district (collectively, <br />"Parties"; individually "Party"). <br /> <br />~ <br /> <br />RECITALS <br /> <br />A. The District is designing and constructing improvements at its Willard Intermediate School site (the "Project"). <br /> <br />B. The Project includes development of approximately five (5) acres, including the following sports and recreation <br />facilities ("Facilities"), which are depicted in Exhibit A: <br /> <br />1. A new all weather running track, <br />2. Synthetic turf sports field, <br />3. Sports field lighting, <br />4. Restroom, exercise / play area, <br />5. Fencing and landscaping, and <br />6. Renovation of the existing basketball courts, <br /> <br />The Parties intend to use Facilities for joint use to benefit the community and District students. <br /> <br />C. The City agrees to reimburse the District for costs associated with the design and construction of the Facilities, <br />which will be constructed as part of the Project. <br /> <br />D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization <br />Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal <br />Protection Bond Act of2006 ("Prop. 84") funds, desires to enter this Agreement with the District for the <br />expenditure of Prop. 84 funds in accordance with State Department of Parks and Recreation rules and <br />regulations, to pay for certain construction costs for the Facilities. The enforceability of this Agreement is <br />contingent upon the City's receipt of sufficient Prop. 84 funds to pay for the design and construction of the <br />Facilities. <br /> <br />E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the <br />Education Code, is authorized to enter into joint use agreements with other public entities. <br /> <br />F. The Parties intend to also enter into a separate agreement for joint use of the Facilities between the City and the <br />District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion <br />of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes <br />pursuant to applicable law and to the Joint Use Agreement. <br /> <br />NOW, THEREFORE, the Parties agree as follows: <br /> <br />AGREEMENT <br /> <br />1. Desil!:n and Construction of Facilities. <br /> <br />A. As part of the Project, the District shall cause the Facilities to be designed and built, subject to the City's <br /> <br />Construction Reimbursement Agreement - City of Santa Ana/SAUSD - Willard Facilities <br /> <br />Page 1 <br /> <br />=- - <br />.:. <br />