25C - KIWANIS BASKETBALL COURT - Laserfiche WebLink

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AGREEMENT RELATING TO CONSTRUCTION OF BARRIER FREE BASKETBALL COURT This agreement is made and entered into this day of , 2008, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ("City") and the Santa Ana Kiwanis Club, hereinafter referred to as "SAKC" with a place of business located in Santa Ana, California. Recitals A. The City has approved the funding for the construction of a barrier free basketball court at Thornton Park. B. The cost for the construction of the barrier free park is in excess of $300,000.00 and the city is relying upon different funding sources for completion of the barrier free basketball court, including funds contributed by the SAKC. C. The SAKC has indicated its desire to contribute the cost of the barrier free basketball court at Thornton Park. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. SAKC RESPONSIBILITIES A. Upon approval of this agreement by the City Council, the SAKC within thirty (30) days will issue to the City, a check in the amount of $50,000.00 to be earmarked as a contribution to the construction of the barrier free basketball court at Thornton Park. B. Upon approval of this agreement by the City Council, the SAKC will undertake its best efforts to contribute another $35,000 towards the construction costs of the barrier free basketball court at Thornton Park consistent with the terms of the agreement dated October , 2007 between the SAKC and the County of Orange. C. The SAKC will seek a modification to its agreement with the County, to the extent required, if at all, in order to facilitate the purpose of this agreement with the City. II. CITY RESPONSIBILITIES A. In order to facilitate the SAKC's ability to contribute the $35,000 portion to the barrier free basketball court at Thornton Park, the City will provide at its sole Page 1 of 4 25C-3