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A- 2004 - 087 -06 <br />INSURANG'E ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES 9 /04 <br />-1 -3v -05 <br />CLERK OF COUNCIL AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />DATE: (I - k-04 BOWERS MUSEUM OF CULTURAL ART FOR USE OF <br />COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS <br />c - c6A <br />� <br />pt2i" This Agreement, is hereby made and entered into this 3rd day of May, 2004, by and <br />lL between the City of Santa Ana, a charter city and municipal corporation of the State of California <br />( "CITY ") and Bowers Museum of Cultural Art, a California nonprofit corporation <br />( "SUBRECIPIENT "). <br />WITNESSETH <br />Recitals: <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 ". SUBRECIPIENT represents that it is qualified and <br />willing to operate said program and certifies that the activities carried out with funds provided under <br />this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part <br />570.208). <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. SUBRECLPIENT 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 />1 <br />