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'V <br />A-2010-093 <br />INSURANCE NOT REQIJIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />??r AUG 17 2010 <br />AGREEMENT BETWEEN <br />CITY OF SANTA ANA AND <br />SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING <br />FINANCING OF INITIAL DESIGN OF <br />COMMUNITY CENTER <br />INCORPORATING BLOCK GRANT REQUIREMENTS <br />v a This Agreement Between City of Santa Ana and Santa Ana Unified School District Regarding Financing of Initial <br />Design of Community Center ("Agreement") is made this 74+% day of J u +ne. 2010, <br />by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and the Santa Ana <br />Unified School District ("District"), a public school district (collectively, "Parties"; individually "Party"). <br />RECITALS <br />A. The District is designing and constructing multiple improvements at its Garfield Elementary School site <br />("Project"). <br />B. The Project includes a two-story building that the Parties intend to use as a multiple-purpose building and <br />community center ("MPR/CC"). <br />C. The City wishes to pay for an initial design of the MPR/CC so that the MPR/CC will be adequate for each <br />Party's use. <br />D. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban <br />Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this <br />Agreement with the District for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code <br />of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"), to pay for initial design of the MPR/CC. <br />E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the <br />Education Code, is authorized to enter into joint use agreements with other public entities. <br />F. The Parties intend to later negotiate an agreement to fund the remaining design and construction of the <br />MPR/CC between the City and the District, that the Parties will approve separate from this Agreement <br />("Construction Agreement"). <br />G. The Parties also intend to later negotiate a joint use agreement for the MPR/CC between the City and the <br />District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion <br />of the MPR/CC, the District shall permit the City to access the MPR/CC for public recreation purposes pursuant <br />to applicable law and to the Joint Use Agreement. <br />NOW, THEREFORE, the Parties agree as follows: <br />AGREEMENT <br />1. Initial Design of MPR/CC. <br />A. The District shall cause the NPR/CC to be designed, subject to the City's approval, which shall not be <br />unreasonably withheld. The District or its agents or representatives shall meet and confer with the City <br />prior to finalizing the schematic design work on the MPR/CC, and at reasonable intervals during the design <br />process. <br />B. The Parties have agreed that NTD Architects, Inc. ("Architect") will be the architect of record for the <br />Project, including the NPR/CC. Architect was chosen through a request-for-qualification process that the <br />Parties believe was a fair, competitive selection process consistent with Government Code section 4529.12 <br />and consistent with the federal rules of procurement. <br />Initial Financing Agreement - City of Santa Ana/SAUSD - MPR/CC Page 1