HomeMy WebLinkAboutKIWANIS CLUB OF SANTA ANA - 2008City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
2020 FEB -6 PM 3: 39
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M-30). CITY OF S C` -f TA ANA
Call 647-6520 if you have any questions. CLERK OF COUNCIL
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The agreement with 'R" l, i< u z2,,,� l ,l ,c
No. A-2008- 0 D 3 was completed on * 5�
and final payment has been made. /� 'n�
Department: e r"�
Phone/Ext.: 4;�:� S `-"1
Signature: L Qg j t(A btAkLo
Date: `�i��;zj)
Revised 12-07-07
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE: 1-30-0';(
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A-2008-003
AGREEMENT RELATING TO CONSTRUCTION OF
BARRlERFREEBASKETBALLCOURT
This agreement is made and entered into this '7 f'h day of 0a.,\..LA.>-~ ,2008,
by and between the City of Santa Ana, a charter city and municipal corporatio organized
under the Constitution and laws of the State of California ("City") and the Santa Ana
Kiwanis Club, hereinafter referred to as "SAKC" with a place of business located in
Santa Ana, California.
Recitals:
A. The City has approved the funding for the construction of a barrier free
basketball court at Thornton Park.
B. The cost for the construction of the barrier free park is in excess of $300,000.00
and the city is relying upon different funding sources for completion of the
barrier free basketball court, including funds contributed by the SAKC.
C. The SAKC has indicated its desire to contribute the cost of the barrier free
basketball court at Thornton Park.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. SAKC RESPONSIBILITIES
A. Upon approval of this agreement by the City Council, the SAKC within thirty
(30) days will issue to the City, a check in the amount of$50,000.00 to be
earmarked as a contribution to the construction of the barrier free basketball
court at Thornton Park.
B. Upon approval of this agreement by the City Council, the SAKC will undertake
its best efforts to contribute another $35,000 towards the construction costs of
the barrier free basketball court at Thornton Park consistent with the terms of
the agreement dated October 30 , 2007 between the SAKC and the County of
Orange.
C. The SAKC will seek a modification to its agreement with the County, to the
extent required, if at all, in order to facilitate the purpose of this agreement with
the City.
II. CITY RESPONSIBILITIES
A. In order to facilitate the SAKC's ability to contribute the 535,000 portion to the
barrier free basketball court at Thornton Park, the City will provide at its sole
Page I of4
discretion, invoices to the SAKC from service providers for the basketball court
project so that these invoices maybe transmitted to the County.
B. The SAKC will submit invoices received from the City to the County consistent
with the terms contained in the agreement between the SAKC and the County.
III. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its
officers, agents, and employees from all liability, claims, losses and demands, including
defense costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its officers, agents or employees or the condition of
property used in the performance of this Agreement.
IV. NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations,
appointments, or designations hereunder by either party to the other shall be in writing and
shall be deemed given and served upon the other party, if delivered personally or three (3)
days after depositing in the United States mail, postage prepaid, addressed as follows:
1f to CITY:
And
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Attorney
If to SAKC:
Santa Ana Kiwanis Club
P.O. Box 1256
Santa Ana, CA 92702
Attn: John Karpierz
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
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given three (3) days after it has been deposited in the United States mail, duly registered
or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, any notice, tender, demand, delivery, or other communication shall be
effective or deemed to have been given twenty-four (24) hours after the time set forth on
the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
V. JURISDICTION
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be govemed and constrned in accordance with the
laws of the State of Califomia. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
of the clauses of this Agreement shall be determined and governed by the laws of the
State of California.
VI.
This AGREEMENT sets forth the entire understanding between the parties with
respect to SAKC contribution to the funding of the barrier free basketball court at Thornton
Pazk.
VII. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in
third parties including but not limited to any subcontractors or any member of the public
provided services hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the
County of Orange, State of Califomia, on the date and year first above written.
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The "SAKC"
Santa Ana Kiwanis Club
By:
Title:
By:
Title:
The "City"
City of Santa Ana
A Charter City
By:
David N. Rea
City Manager
Attes
Patricia E. Healy
Clerk of the Council
Approved as to Form:
By:
h W. Fletcher
y Attorney
Page 4 of 4
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