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INSURANCE NOT REQU�REDIWryA-2002-234 WORK MAY PROCEED CLERK OF COUNCIL DATE J— /q/ d3 REIMBURSEMENT AGREEMENT 06 A THIS AGREEMENT, made and entered into this _q �, day of January, 2003 by and P46 between the CHARLES W. BOWERS MUSEUM CORPORATION, a California nonprofit public benefit corporation (hereinafter "Corporation"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). The City and Corporation are collectively referred to herein as "the Parties." RECITALS A. The Charles W. Bowers Museum ("Bowers Museum'l is owned by the City and managed and operated by the Corporation in accordance with the terms and conditions of a trust agreement executed by Charles W. and Ada Bowers dated May 26, 1925 and the Amended and Restated Operating Agreement between the parties dated June 18,. 2001 (the "Agreement"). B. The Agreement provides that the City shall provide funding for the capital expansion of the Bowers Museum and other facility improvements at such time and to such extent as the City Council of the City deems appropriate. C. Corporation has arranged for a deferred maintenance program at the Bowers Museum. D. City desires to contribute, in accordance with the Agreement, to certain deferred maintenance projects, including delayed modules/fire exit security devices, electrical improvements to the central courtyard, exterior surveillance cameras, restoration of the public restrooms and general improvements to the Kidseum. E. By unanimous vote taken at its regular meeting of December 16, 2002, the City . Council of the City directed the City Attorney to prepare, and authorized the City Manager and Clerk of the Council to execute, an agreement providing for City contribution of $150,000.00 toward the deferred maintenance program at the Bowers Museum. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Corporation shall undertake the deferred maintenance program at the Bowers Museum. 2. COMPENSATION a. City agrees to reimburse Corporation an amount not to exceed One Hundred Fifty Thousand Dollars and no cents ($150,000.00) for deferred maintenance at the Bowers Museum.