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<br />INSURANCE ON fiLE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />I 3D -05 <br />ëlËRK OF COUNCIL J <br />DATE: /0 -.:t.ï -0 I <br /> <br />C. .' eMf <br />(J3.~ <br /> <br />A-2004-163 <br /> <br />~ <br /> <br />AGREEMENTBEnNEEN <br />THE CITY OF SANTA ANA <br />AND <br />MEXICAN AMERICAN OPPORTUNITY FOUNDATION <br />FOR USE OF EMPOWERMENT ZONE FUNDS <br /> <br />This Agreement, made and entered into this 1st day of July, 2004, by and between <br />the City of Santa Ana a charter city and municipal corporation duly organized and existing <br />under the Constitution and laws of the State of California ("CITY"), and Mexican American <br />Opportunity Foundation "CONTRACTOR"). <br /> <br />Recitals: <br /> <br />1. <br /> <br />2. <br /> <br />WlINESSEIH <br /> <br />The City of Santa Ana, through the Santa Ana Empowerment Corporation <br />(SAEC), is the recipient of Empowerment Zone ("FEZ") funds from the <br />United States Department of Housing and Urban Development ("HUD"). <br /> <br />CITY desires to engage CONTRACTOR to provide the services at the cost <br />set forth in Exhibit A and for the services set forth Exhibit B, hereinafter <br />referred to as "said program" and CONTRACTOR represents that it is <br />qualified and willing to operate said program. <br /> <br />WHEREFORE, for and in consideration of the respective and mutual <br />covenants hereinafter contained and made, and subject to all the terms and <br />conditions hereof, the parties hereby agree as follows: <br /> <br />I. <br /> <br />CONTRACTOR'S OBLIGATIONS <br /> <br />A. <br /> <br />B. <br /> <br />CONTRACTOR agrees to use all federal funds provided by CITY to <br />CONTRACTOR pursuant to this Agreement to operate said program, as set <br />forth in "Exhibit B," attached hereto and by this reference incorporated <br />herein. CONTRACTOR'S failure to perform as required may, in addition to <br />other remedies set forth in this Agreement, result in readjustment of the <br />amount of funds CITY is otherwise obligated to pay to CONTRACTOR <br />under Paragraph II hereof. <br /> <br />CONTRACTOR agrees to obtain and maintain all required licenses, <br />registrations, accreditation and inspections from all agencies governing its <br />operations. CONTRACTOR shall ensure that its staff shall also obtain and <br />maintain all required licenses, registrations, accreditation and inspections <br />from all agencies governing CONTRACTOR operations hereunder. <br /> <br />C. <br /> <br />CONTRACTOR agrees that any facility/property used in furtherance of said <br />program shall be specifically zoned and permitted for such use(s) and <br />activity(ies). Should CONTRACTOR fail to have the required land <br />entitlement and/or permits, thus violating any local, state or federal rules and <br /> <br />Page 1 of 14 <br />