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CITY agrees that funds will be used toward completion of capital improvement projects <br />at Jerome Center Park, Santa Ana, California. Capital improvement projects may include bringing <br />the facility up to current building, safety and Americans with Disabilities (ADA) codes; addressing <br />inadequate lighting, heating, ventilation and air conditioning issues; renovation of the electrical <br />system, front entry, kitchen, restroom, and shower/locker rooms; exterior door replacement; <br />renovation of the gymnasium including replacement of the floor; exterior/interior painting; new <br />flooring and ceiling throughout; re -roofing the entire building; and replacement of playground <br />equipment. <br />CITY further agrees that lack of compliance, in addition to those remedies set forth in <br />Section 15 of this Agreement, constitutes grounds for COUNTY to reduce the level of payment <br />otherwise provided under Section 6 of the Agreement. Such reduction shall occur only as a result of <br />action of the COUNTY Board of Supervisors. Before such reduction may be made, COUNTY shall <br />provide CITY with at least ten (10) days written notice of the proposed reduction and of the time and <br />place where the Board of Supervisors shall consider the reduction. <br />3. MODIFICATION OF AGREEMENT TERMS <br />The parties hereto agree that the terms agreed upon in Section 2 may be modified so long <br />as the amount of the total grant is not. increased or reduced and the basic goals and objectives of the <br />project are not altered. However, no such modification shall be made without the prior written <br />approval of the County Executive Officer or his designee. <br />4. MAXIMUM UTILIZATION AND ACCESS TO RESIDENTS <br />CITY agrees that maximum utilization of the grant will be provided for and use of the <br />project shall be granted to all residents of the COUNTY on the same conditions that the residents of <br />the target area use the project. <br />5. EVALUATION <br />CITY agrees and understands that evaluation is an essential condition to this Agreement <br />and that COUNTY will evaluate CITY in accordance with this Agreement. The parties hereto agree <br />that at any time, and for any purpose, the County Executive Officer, or his designee, may call for a <br />Performance Evaluation to be conducted. <br />6. PAYMENTS BY COUNTY <br />Upon the effective date of this Agreement, COUNTY agrees to make periodic payments <br />to CITY upon receipt of invoice(s) from CITY showing actual amounts expended by CITY for <br />project, or CITY may invoice County upon receipt of invoice from service provider for approved <br />project expenses as identified in Section 2. Total payment hereunder shall be limited to $100,000. <br />2 <br />