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HomeMy WebLinkAbout25C - AGMT - AMEND - REIMBURSEMENT OF CONSTRUCTION COST ON WILLARDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 3, 2012 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AMENDMENT AGREEMENT WITH SANTA ? As Recommended ANA UNIFIED SCHOOL DISTRICT FOR El Amended El Or dinance on 1St Reading REIMBURSEMENT OF CONSTRUCTION ? Ordinance on 2nd Reading COST AT WILLARD INTERMEDIATE PARK ? Implementing Resolution ? Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with the Santa Ana Unified School District for the reimbursement of construction costs for Willard Intermediate School park improvements. DISCUSSION On October 11, 2011, the City Council approved a reimbursement agreement with the Santa Ana Unified School District (SAUSD) for the design and construction of Willard Intermediate Park. The agreement expires on December 31, 2012. The development plans are currently being processed through the Department of State Architects. The SAUSD anticipates Phase I (synthetic turf field, running track, concrete walks and sports lighting conduits) to be under construction between February 2013 and July 2013. Phase 2 (park restroom, tot lot play area and sports/security lights) is scheduled to be under construction by March 2013 and completed in the beginning of 2014. Funding for this project is being provided by Proposition 84 "Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act grant, in amount of $4.4 million. A two-year extension of the reimbursement agreement is being requested to allow time for project completion and funding reimbursement from the State of California. FISCAL IMPACT There is no fiscal impact associated with this action. 4, Gerardo Mouet, Executive Director Parks, Rec. and C m. Svcs. Agency 25C-1 25C-2 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 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. Dated: By: Print Name: Print Title: Attest: By: Print Name Print Title: City of Santa Ana 20 Paul M. Walters City Manager Santa Ana Unified School District Dated: By: Print Name Print Title: 20 Joe Dixon Assistant Superintendent, Facilities & Governmental Relations Maria D. Huizar Clerk of the Council Approved as to Form By: Print Name: Sonia R. Carvalho, City Attorney Print Title: By Laura Sheedy_ Assistant City Attorney Dated: By: Print Name: Print Title: 20 Michael P. Bishop, Sr. Associate Superintendent, Business Services Approved as to Form By: Print Name: Print Title: Philip J. Henderson Attorney, Orbach Huff & Suarez 25C-4