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<br />lì¡SURANCE NOT REQUIRED <br />5/ WORK MAY PROCEED <br />/rCLERK OF COUNCIL <br />DATE~ (r ¡5--ol/ <br /> <br />~ : tþ{l- <br />(f. :Thìllh) <br /> <br />A-2004-089 <br /> <br />AGREEMENT BETWEEN THE SANTA ANA <br />EMPOWERMENT CORPORATION <br />AND <br />SANTA ANA W/O/RlK CENTER <br />FOR USE OF EMPOWERMENT ZONE FUNDS <br /> <br />This Agreement, made and entered into this / ø day of <br />m~ ,2004, by and between the Santa Ana Empowerment Corporation, <br />A Califor Non-Profit Public Benefit Corporation ("SAEC") and the City of Santa Ana on <br />behalf of the Santa Ana W/O/RlK Center ("SUBRECIPIENT"). <br /> <br />Recitals: <br /> <br />1. <br /> <br />2. <br /> <br />WlINgS§EIH <br /> <br />SAEC is the recipient of Empowerment Zone ("FEZ") funds from the United <br />States Department of Housing and Urban Development ("HUD"). <br /> <br />SAEC desires to engage SUBRECIPIENT to provide the services described <br />in "Exhibit A," hereinafter referred to as "said program" and SUBRECIPIENT <br />represents that it is 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 />SUBRECIPIENT'S OBLIGATIONS <br /> <br />A. <br /> <br />B. <br /> <br />C. <br /> <br />SUBRECIPIENT agrees to use all federal funds provided by SAEC to <br />SUBRECIPIENT pursuant to this Agreement to operate said program, as set <br />forth in "Exhibit A," attached hereto and by this reference incorporated <br />herein. SUBRECIPIENTS 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 SAEC is otherwise obligated to pay to SUBRECIPIENT <br />under Paragraph II hereof. <br /> <br />SUBRECIPIENT agrees to complete said program on or before November <br />30, 2004 and to use said funds to pay for necessary and reasonable costs <br />allowable under the federal law and regulations to operate said program. <br />Said amounts shall include, but not be limited to, wages, administrative costs <br />and employee benefits. Other allowable program costs are detailed in the <br />Budget, as set forth in "Exhibit B", attached hereto and by this reference <br />incorporated herein." <br /> <br />SUBRECIPIENT 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 SUBRECIPIENT fail to have the required land <br />entitlement and/or permits, thus violating any local, state or federal rules and <br />Page 1 of 13 <br />