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AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING <br />REIMBURSEMENT OF CONSTRUCTION COSTS <br />FOR WILLARD INTERMEDIATE SCHOOL <br />INCORPORATING PROP 84 GRANT REQUIREMENTS <br />This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement <br />of Construction Costs for Willard Intermediate School Incorporating Prop 84 Grant Requirements ("Agreement") is <br />made this day of , 2011, by and between the City of Santa Ana, a charter city <br />and municipal corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district <br />(collectively, "Parties"; individually "Party"). <br />RECITALS <br />A. The District is designing and constructing improvements at its Willard Intermediate School site (the "Project"). <br />B. The Project includes development of approximately five (5) acres, including a new all weather running track, <br />synthetic turf sports field, sports field lighting, restroom, exercise / play area, fencing and landscaping, and <br />renovation of the existing basketball courts, all of which the Parties intend to use for community sports and <br />recreation ("Facilities"). <br />C. The City wishes to reimburse SAUSD for certain costs associated with the construction of the Facilities, <br />pursuant to the Construction Bid issued by the District, dated 2011, attached hereto and <br />incorporated herein as Exhibit A. <br />D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization <br />Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal <br />Protection Bond Act of 2006 ("Prop 84") funds, desires to enter this Agreement with the District for the <br />expenditure of Prop 84 funds in accordance with State Department of Parks and Recreation rules and <br />regulations, to pay for certain construction costs for the Facilities. <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 also enter into a separate agreement for joint use of the Facilities between the City and the <br />District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion <br />of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes <br />pursuant to applicable law and to the Joint Use Agreement. <br />NOW, THEREFORE, the Parties agree as follows: <br />AGREEMENT <br />1. Construction of Facilities. <br />A. The District shall cause the Facilities to be designed and built, subject to the City's approval, which shall <br />not be unreasonably withheld. The District or its agents or representatives shall meet and confer with the <br />City prior to finalizing construction work on the Facilities, and at reasonable intervals during the <br />development process. <br />B. The City acknowledges that the District is undertaking design and construction of the Project. The <br />Facilities shall be constructed substantially to conform with the Scope of Development attached hereto as <br />Exhibit A, and incorporated herein by reference. <br />Construction Reimbursement Agreement - City of Santa Ana/SAUSD - Willard Facilities Page 1 <br />25E-11