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HomeMy WebLinkAboutSANTA ANA HISTORICAL PRESERVATION SOCIETY (5)AGREEMENT FOR CITY CONTRIBUTION TO DR. HOWE-WAFFLE HOUSE AND CARRIAGE HOUSE FOUNDATIONS THIS AGREEMENT is entered into this 1$ tl,_ day_ of July 1975, at Santa Ana, California, between the CITY OF SANTA ANA, a municipal corporation of the State of California, herein- after referred to as "CITY" and the SANTA ANA HISTORICAL PRE- SERVATION SOCIETY, a non-profit corporation of the State of California, hereinafter referred to as "SOCIETY". R E C I T A L S 1. CITY has relocated the Waffle House and Carriage House in conformity with its Agreement For Relocation, Restoration and Operation of the Dr. Howe -Waffle House and Carriage House, dated January 2, 1975. 2. By said agreement, CITY had agreed to finance the relocation of the Waffle House in an amount not to exceed twelve thousand dollars ($12,000). 3. At the conclusion of the aforesaid relocation, a balance of Five Thousand Dollars ($5,000) in unexpended funds from said allocation reverted to the CITY. 4. The Waffle House and Carriage House are presently located on temporary blocks and will be moved to their permanent foundations or slabs when said foundations or slabs have been prepared. 5. CITY wishes to assist in the expenses of planning con- struction and placement of the Waffle House and Carriage House 4 on their permanent slabs or foundations (hereinafter FOUNDA- TIONS PROJECT.) 6. Therefore CITY has reallocated the remaining Five Thousand Dollars ($5,000) of the aforesaid relocation funds to be used together with SOCIETY'S own funds for said FOUNDA- TIONS PROJECT. AGREEMENT In consideration of the promises herein contained it is agreed by and between the parties hereto as follows: 1. SOCIETY shall administer the entire FOUNDATIONS PROJECT. 2. SOCIETY shall establish a separate interest earning trust account or savings passbook account at a bank or savings institution of its choice. Said trust or passbook account shall be in the name of the Santa Ana Historical Preservation Society. 3. SOCIETY shall maintain the aforesaid account for the express purpose of providing a fund for the payment of expenses incurred in the FOUNDATIONS PROJECT. 4. SOCIETY shall provide that the sole drawer or person authorized to disperse funds held in said trust account shall be the Director of Finance of the City of Santa Ana. 5. CITY shall transfer Five Thousand Dollars ($5,000) to the aforesaid trust or passbook account. 6. SOCIETY shall vigorously campaign to raise sufficient funds to add to CITY'S Five Thousand Dollars ($5,000) appro- priation to finance FOUNDATIONS PROJECT. 2 7. At such time as SOCIETY has completed the following requirements: A. Raised sufficient funds so that when added together with CITY'S Five Thousand Dollars ($5,000) appropriation, said funds shall totally finance said FOUNDATIONS PROJECT. B. Provided proof of such sufficiency of funds to the Director of Finance of the City of Santa Ana; C. Secured by contract, a licensed and bonded contractor to perform the construction and placement phases of said FOUNDATIONS PROJECT. D. Provided proof of such bonded and licensed contractor to the aforementioned Finance Director; then and only then shall said Finance Director authorize the dispersal of funds from the aforesaid trust or passbook account to SOCIETY. 8. After the receipt of said Five Thousand Dollars ($5,000) and all accrued interest thereon, from the aforesaid Finance Director, SOCIETY shall proceed to make all payments for costs necessarily incurred in the FOUNDATIONS PROJECT. 9. In the event that within nine months (9 months) 9 of the date of this contract SOCIETY is unable to acquire sufficient funds to complete the FOUNDATION PROJECT said Five Thousand Dollars ($5,000) deposited to aforesaid trust account or savings passbook account in the name of the Santa Ana Historical Preservation Society shall be immediately returned with its accrued interest to CITY. 10. This Agreement shall not be assignable. 11. This Agreement contains the entire agreement of the parties hereto. 12. This Agreement may only be modified by written agreement subscribed to by all the parties in interest. 13. This Agreement shall be effective when subscribed to by all the parties in interest. ATTEST: CITY OF SANTA ANA, a municipal corporation of the State of California by: MIW R FLORENCE 1. MALONE "CITY" SANTA ANA HISTORICAL PRESERVATION SOCIETY, ;a non-prgfa.,-'oWrporation of the ,,9tate of Bali is 4 li and ADELINE WALKER, Executive Secretary "SOCIETY" APPROVED AS TO FORM: / - 4�ov 'KEITH L. GOW City Attorney m