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MOU — Discovery Cube Outdoor Science Park Feasibility <br />City of Santa Ana <br />B. Discovery Cube will be responsible to take the lead to work with U.S. <br />Senator Padilla's staff or California Senator Umberg's staff to obtain a waiver if <br />necessary from any prior funding agreements with State or Federal agencies. <br />C. Compensation and Expenses. The Discovery Cube is applying for <br />and may be the recipient of Grant, should it be approved by Grantor. Expenses <br />incurred by Discovery Cube in connection with the administration and <br />implementation of grants may be paid from grant proceeds to the extent permitted <br />under the terms of the Grant, but in no event will the City be responsible to pay <br />compensation, payment or expenses for Discovery Cube's activities as described <br />in this MOU. <br />D. Discovery Cube acknowledges the property contains a segment of <br />the Santiago Creek Bike Trail which provides linkage both east and west. <br />Discovery Cube will be responsible for collaborating with the City for the relocation <br />of the trail. <br />E. Planning, Design and Permitting. Discovery Cube will be responsible <br />for all planning, design, permitting, construction, operational, and maintenance <br />costs of the Outdoor Science Park. Discovery Cube will be responsible for <br />conducting all studies and obtaining all necessary approvals and permits from the <br />appropriate regulatory agencies, including, but not limited to: departments within <br />the City of Santa Ana, the County of Orange, State Water Resources Control <br />Board, Santa Ana Regional Water Quality Control Board, California Department of <br />Fish and Wildlife, and the United States Army Corps of Engineers to develop, <br />operate and maintain the Outdoor Science Park. <br />F. Development Standards and Design Controls. Certain development <br />standards and design controls for the project may be established between the City <br />and Discovery Cube, but it is understood and agreed between the Parties that the <br />project must conform to all City and other applicable government land use and <br />architectural regulations and standards. Drawings, plans and specifications for the <br />project shall be subject to the approval of the City through the standard <br />development application process for projects within the City. Nothing in this MOU <br />shall be construed as the approval of any plans or specifications for the project or <br />of the project itself by the City. <br />3. Responsibilities of the City. The City will undertake the following actions <br />in furtherance of the development of an Outdoor Science Park. <br />A. City licenses and permits Discovery Cube, and its consultants and <br />surveyors, to enter the Property solely for the purpose of undertaking and completing <br />necessary due diligence to study the feasibility of the proposed Project. The license <br />provided herein shall expire upon the expiration or termination of this MOU. Discovery <br />Cube shall conduct all of its due diligence investigations at its sole cost and expense. <br />Discovery Cube shall abide by any reasonable additional conditions of entry onto the <br />Page 3 <br />