25F - AGMT - CABRILLO PARK TENNIS COURT

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1. EFFECTIVE PERIOD - TBRMI~ATIO~N DA'f ~.~ YI`l1e effective period of this Agreement shall Ira the period beginning Llecember l 7, 2008 and ending April 30, 2010, subject to the provisions of Section I S of this Agreement. Cl'I'Y agrees that the funds received under this Agreement shall be disbursed on or before. April ~0, 2010, and that any acrd. all funds remaining as of May 1, 20I0, which have not beery d.ist~ursed shall be returned by CITY to COI.T1ti~TY. No expense of CITY will be reimbursed by COUNTY if incurred after April 30, 2010. 2. PRt),IEC`I~ PKOI'{JSAI. CITY agrees to comply with all provisions set forth in this Agreement for use of the funds in a professional, timt'.ly and diligent manner. The parties hereto agree that concerning matters not speciiicaliy cantai.ned within the body of this Agreement, the COtJh"l'Y's deternrinatians urill be #inal and the COt7NTY will control the use of the funds. CITY agrees that the funds will bc; used far construction of a tennis c;aurt at Cabrillo Park in Santa Ana between December 17, 2008 and April. 3C}, 2O30. Notwithstanding Section l herein, CITY agrees to use any real or personal property ar equipment that is constructed, acquired or improved with the :funds :for its entire useful life for the purposes, as described herein, I:or which the funds were granted. to CITY by COIJNT'Y. CITY agrees to notify COI1N"I'Y promptly i' it ceases to use such property or equipment lcrr the purposes described herein at any time before the end of its useful life. CITY agrees to properly main ain, repair and keep in good. working ruder all such property or equipment. CITY warrants that it will obtain and keep in full force and effect, during the term of this agreement and i:ar the useful. life of any real or personal property or equipment constructed, acquired or improved with the funds, all permits, licenses or crthex governmental approvals required for the; prcaject and far any services provided in or with property or equipment constructed, acquired ar improved with the; funds. CITY further agrees that lack of compliance car~st7tutes .rounds far COUNTY to pursue the remedies set far-th in Section ~l S of this Agreement and to reduce the level of payment that otht~rwise would be provided under Section Ei crf the Agreerr-cent. Such reduction shall occur only as a result of action of the C'OUNT`Y Board of Supervisors. I3efore such reduction Wray be made, CC)tJN`1'Y' shall provide CITY with at least ten { ] 0) 25F-4