CHARLES W. BOWERS MUSEUM CORPORATION-2006

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A-2006-24I INSIJR,~~':: ;uT II:IU I'JORK ~'I"'i !'[ifJCEEO CLEfUi 0 COUNCil CATE 10/.30/ [! b BOWERS MUSUEM REIMBURSEMENT AGREEMENT THIS REIMBURSEMENT AGREEMENT, made and entered into this 6th day of September, 2006 by and between the CHARLES W. BOWERS MUSEUM CORPORA nON, a California nonprofit public benefit corporation (hereinafter "Corporation"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City and Corporation are parties to that certain Amended and Restated Operating Agreement dated June 18, 2001, as amended September 6, 2005, and April 17, 2006 ("the Agreement"), relating to the ownership and operation of the Charles W. Bowers Memorial Museum ("the Museum"). 8. Pursuant to section 4.07(e) of the Agreement, the City and the Museum may meet and confer to determine to undertake certain "capital repair and replacement" activities at the Museum. C. The Agreement, in section 1.0I(m), defines "capital repair and replacement" items to include such things as replacement of roofs, repainting of exterior walls and replacement of floor coverings, replacement of worn climate control components such as compressors, fans, motors, etc.; repaving of parking lots; replacement/upgrades of doors, stairs, ramps, etc. due to changes in access or other legal requirements; and replacement of elevator motors, controls and components. D. By unanimous vote taken at its regular meeting of September 5, 2006, the City Council of the City directed the City Attorney to prepare, and authorized the City Manager and Clerk of the Council to execute, an agreement providing for City contribution of$150,000 toward capital repair and replacement items at the Museum, including repainting the Museum's exterior to match the color of the new expansion area. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Corporation shall complete the capital repair and replacement items approved by the City's Deputy City Manager for Development Services, including but not limited to repainting the exterior of the existing Museum to match the color ofthe new expansion area.