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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />'7 ~ ~ ~o~ <br />A-2003-074-5 <br />GLERi~ OP COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />pp,L: 9 a9-v3 BOWERS MUSEUM OF CULTURAL ART FOR USE OF <br />C ~ GJA- COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />~C .thonya~haJ <br />This Agreement, made and entered into this 1st day of July, 2003, by and between the City <br />of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and <br />BOWERS MUSEUM OF CULTURAL ART, a California nonprofit corporation <br />("SUBRECIPIENT"). <br />Recitals: <br />WITNESSETH <br />A. The CITY, as an entitlement recipient and grantee of the United States Department of <br />Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") <br />Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG <br />funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. <br />("CDBG REGS"); and <br />B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the <br />Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and <br />C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY <br />to receive CDBG funds and administer such financial assistance; and to provide the services <br />described in "Exhibit A," in accordance with the schedule of performance included therein, <br />hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and <br />willing to operate said program. <br />D. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of <br />such funds; and <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a <br />substantive part of this Agreement and the following terms and conditions are approved and <br />together with all exhibits and attachments hereto, shall constitute the entire Agreement between the <br />CITY and SUBRECIPIENT: <br />I. SUBRECIPIENT'S OBLIGATIONS <br />A. Non-Profit Status - Representations and Warranties. <br />(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation <br />in good standing and authorized to do business under the laws of the State of California. <br />SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and <br />to undertake all obligations as provided herein and the execution, performance and delivery of <br />this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part <br />of SUBRECIPIENT. <br />1 <br />