Item 20 - MOU with Discovery Cube

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MOU -Discovery Cube Outdoor Science Park Feasibility City of Santa Ana B.Discovery Cube will be responsible to take the lead to work with U.S. Senator Padilla's staff or California Senator Umberg's staff to obtain a waiver if necessary from any prior funding agreements with State or Federal agencies. C.Compensation and Expenses. The Discovery Cube is applying for and may be the recipient of Grant, should it be approved by Granter. Expenses incurred by Discovery Cube in connection with the administration and implementation of grants may be paid from grant proceeds to the extent permitted under the terms of the Grant, but in no event will the City be responsible to pay compensation, payment or expenses for Discovery Cube's activities as described in this MOU. D.Discovery Cube acknowledges the property contains a segment of the Santiago Creek Bike Trail which provides linkage both east and west. Discovery Cube will be responsible for collaborating with the City for the relocation of the trail. E.Planning, Design and Permitting. Discovery Cube will be responsible for all planning, design, permitting, construction, operational, and maintenance costs of the Outdoor Science Park. Discovery Cube will be responsible for conducting all studies and obtaining all necessary approvals and permits from the appropriate regulatory agencies, including, but not limited to: departments within the City of Santa Ana, the County of Orange, State Water Resources Control Board, Santa Ana Regional Water Quality Control Board, California Department of Fish and Wildlife, and the United States Army Corps of Engineers to develop, operate and maintain the Outdoor Science Park. F.Development Standards and Design Controls. Certain development standards and design controls for the project may be established between the City and Discovery Cube, but it is understood and agreed between the Parties that the project must conform to all City and other applicable government land use and architectural regulations and standards. Drawings, plans and specifications for the project shall be subject to the approval of the City through the standard development application process for projects within the City. Nothing in this MOU shall be construed as the approval of any plans or specifications for the project or of the project itself by the City. 3.Responsibilities of the City. The City will undertake the following actions in furtherance of the development of an Outdoor Science Park. A.City licenses and permits· Discovery Cube, and its consultants and surveyors, to enter the Property solely for the purpose of undertaking and completing necessary due diligence to study the feasibility of the proposed Project. The license provided herein shall expire upon the expiration or termination of this MOU. Discovery Cube shall conduct all of its due diligence investigations at its sole cost and expense. Discovery Cube shall abide by any reasonable additional conditions of entry onto the Page 3 EXHIBIT 1