25C - AGMT - AMEND - REIMBURSEMENT OF CONSTRUCTION COST ON WILLARD

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AMENDMENT TO AGREEMENT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR WILLARD INTERMEDIATE SCHOOL INCORPORATING PROP. 84 GRANT REQUIREMENTS This Amendment to Agreement ("Amendment") is made this 3rd day of December, 2012, by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district (collectively, "Parties"; individually "Party"). Recitals A. The Parties entered into Agreement A-2011- 232, dated October 11, 2011, (hereinafter "said Agreement") by which the Parties agreed that District will design and construct sports and recreation facilities, including an all weather running track, synthetic turf sports field, sports field lighting, restroom, exercise / play area, fencing and landscaping, and renovation of the existing basketball courts, (hereinafter, "Facilities") which will be jointly utilized by District and City for the benefit of City residents; and B. Pursuant to said Agreement, the Parties agreed that City shall reimburse District for the design and construction costs of the Facilities, in accordance with requirements of California Proposition 84, the Statewide Park Development and Community Revitalization Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ("Prop. 84"); and C. The Facilities plans are currently being processed through the Department of State Architects; and D. The Parties anticipate construction of Phase I (Synthetic Turf Field, running track, concrete walk and sports lighting conduits) between February 2013 and July 2013, and Phase 2 (Park Restroom, Tot Lot Play area and Sports/Security Light) to construction commencing March 2013 and completion in early 2014; and E. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term to allow for the completion of design and construction of the Facilities, and reimbursement of costs pursuant to the guidelines provided by Prop. 84. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: Section 4.a., Term/Termination, shall be deleted in its entirety and replaced with the following: "This Agreement shall begin on October 11, 2011 and terminate on December 31, 2014. Except as indicated herein, neither Party may terminate this Agreement. 2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25C-3