SANTA ANA UNIFIED SCHOOL DISTRICT 1a -2010

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V. Add the following provisions to the Agreement: 29. Character of City's Funding For MPR/CC Design Services. A. The City represents and warrants that the funds it provides to the District for this Project are not pursuant to Community Redevelopment Law (Health & Safety Code, § 33000 et seq.). The Parties understand and agree that the City and the Santa Ana Community Redevelopment Agency are separate legal entities and the Santa Ana Community Redevelopment Agency is not a Party to this Agreement. The City shall not, and shall use its authority and best efforts to ensure that the Santa Ana Community Redevelopment Agency shall not, take, cause, or support any action that would be contrary to the provisions of this paragraph A. B. To the extent that any person or entity with proper jurisdiction takes any action to characterize or classify any of the funds the City provides to the District for the Project pursuant to this Agreement as being either part of or an offset to any "pass through" payment (pursuant to Health & Safety Code, §§ 33607.5, 33607.7, and 33676), revenue limit payment, payment from any Education Revenue Augmentation Fund, and/or in - lieu payment (pursuant to agreement) that would otherwise be due and owing to the District, the City shall, at its expense, use its best efforts to assist and cooperate with the District in the District's defense against and challenge to any such action. This paragraph B shall survive the termination of this Agreement. C. The City represents and warrants that CDBG funds applied to this Project are appropriate under federal law. The City shall promptly review the MPR/CC's designs, procurement for construction, progress of construction, and District administrative processes and provide the District with direction on any administrative procedures, documentation, and/or processes required to ensure that the MPR/CC complies with all CDBG requirements. To the extent that CDBG funds are nonetheless deemed to be misapplied to this Project including the failure to use the buildings in accordance with one of the national objectives in 24 CFR § 570.208, by HUD, any State or Federal agency, or any court of competent jurisdiction and CDBG funds for the MPR/CC are disgorged from the District, the City shall make the District whole by reimbursing the District within a reasonable time for any of its damages, fines, penalties, or losses of any kind. D. This paragraph 29 shall survive the termination of this Agreement. District represents and warrants that it shall not knowingly misapply funding provided hereunder or knowingly use such funds for any unauthorized uses. VI. Effective Date. This First Amendment must be executed by both Parties and approved or ratified by the City's City Council and the District's Board of Trustees. This Agreement shall be effective upon the later date of approval of either the City Council or the Board of Trustees. VII. Agreement Terms. All other terms and conditions of the Agreement shall remain in full force and effect.