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A-2010-093-001 <br />� 'NGRK MAY <br />CLERK <br />DA7 FEB 0 8 NH FIRST AMENDMENT TO 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 />Pursuant to Paragraph No. 16, Modification of that certain Agreement Between <br />City of Santa Ana and Santa Ana Unified School District Regarding Financing of <br />® Initial Design of Community Center dated June 22, 2010 ("Agreement"), the <br />C} City of Santa Ana ("City") and the Santa Ana Unified -School District <br />("District") (collectively, "Parties"; individually "Party") for good and <br />sufficient consideration acknowledged hereby agree to modify the Agreement by <br />this "First Amendment" on this 14 day of December 2010 as follows: <br />I. Replace the Indicated Recitals of the Agreement with the Following: <br />U,n C. The City wishes to pay for the architectural services of the MPR/CC pursuant <br />V' to the Scope of Work provided by NTD Architects, Inc. in its Proposal dated <br />September 24 2010, attached hereto and incorporated herein as Exhibit A. <br />D. The City, as an entitlement recipient and grantee of the United States <br />Department of Housing and Urban Development ("HUD") Community Development <br />Block Grant ("CDBG") Program, desires to enter this Agreement with the <br />District as subrecipient for the expenditure of CDBG funds in accordance <br />with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et <br />seq. ("CDBG Reg's"), to pay for the architectural services for the MPR/CC, <br />as set forth in Exhibit A. <br />F. The Parties intend to later negotiate an agreement to fund the construction <br />of the MPR/CC between the City and the District, that the Parties will <br />approve separate from this Agreement ("Construction Agreement"). <br />II. Add the Following Recital to the Agreement: <br />H. The Division of the State Architect ("DSA") has approval authority over the <br />Project and the MPR/CC. The District is required to submit the MPR/CC's <br />construction documents to the DSA for review and approval before it can be <br />bid or constructed. DSA may require changes to the MPR/CC's design that <br />could increase the design cost beyond that contemplated by this Agreement. <br />III. Replace the Indicated Provisions of the Agreement with the Following: <br />1. Architectural Services for MPR/CC. <br />A. The District shall cause the complete design of the MPR/CC and <br />preparation of all design drawings and construction documents, all of <br />which are subject to the City's approval, which shall not be unreasonably <br />withheld. The District or its agents or representatives shall meet and <br />confer with the City prior to completing construction documents for the <br />MPR/CC, and at reasonable intervals during the remaining design process. <br />Further, the District shall contract with an architect to provide <br />architectural services during construction and to achieve closeout <br />certification from DSA. <br />B. The Parties have agreed that NTD Architects, Inc. ("Architect") will be <br />the architect of record for the Project, including the MPR/CC. Architect <br />