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A-2022-034 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAR 0 3 2022 O'.C,104 (Aev. t j) 3 ^) 1 Memorandum of Understanding Between the City of Santa Ana and Discovery Cube in support of Discovery Cube pursuing grant applications and studying the feasibility of a future Outdoor Science Park on Adjacent City Owned property This Memorandum of Understanding ("MOU") is made this i day of i`4,1f-c14 , 2022 by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") and Discovery Science Center Orange County ("Discovery Cube"), located at 2500 N. Main Street, Santa Ana, California 92705, and sets forth the material terms of the agreement between the parties with respect to certain property along Santiago Creek between Main Street and Broadway for a proposed Outdoor Science Park along the Santiago Creek. Whereas, the Discovery Cube is a nationally recognized science center located in Santa Ana for over 22 years with a mission to bring hands-on science education to the children of our community. The Discovery Cube is an indoor location temporarily closed due to the impact of COVID-19 in need of outdoor exhibit space to fulfill its mission. Whereas, the Discovery Cube and the City have a long standing partnership of over 22 years providing educational resources, STEM programming, and community cultural activities. The partnership includes a monthly Santa Ana Free Day for all residents to enjoy the Discovery Cube and its resources. Furthermore, the Discovery Cube promotes the City's name to the traffic on Interstate 5 Freeway through a large outdoor lighted sign informing travelers that the Discovery Cube is located in the City of Santa Ana. Whereas, the City owns a stretch of land adjacent to Discovery Cube along Santiago Creek that is in need of activation and long term maintenance. Furthermore, the City is continuously spending resources on service calls to clean and police this area. "Property" means, collectively, the land to be considered by Discovery Cube to manage and develop into an Outdoor Science Park ("Project"). The location of the Property is the current bike trail and open spaces between Main Street on the East, Broadway on the West, Discovery Cube property line on the South and the Santiago Creek bed on the North, and is shown on Exhibit A attached hereto and incorporated herein by reference. Whereas, Santiago Creek is a critical flood control facility and designated Watershed of the United States that is governed by various regulatory agencies, and