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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR GARFIELD COMMUNITY CENTER INCORPORATING BLOCK GRANT REQUIREMENTS This Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Reimbursement of Construction Costs for Garfield Community Center Incorporating Block Grant Requirements ("Agreement") is made this day of , 2012, by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and the Santa Ana Unified School District ("District"), a public school district (collectively, "Parties"; individually "Party"). RECITALS A. The District is designing and constructing multiple improvements at its Garfield Elementary School site (the "Project"), as further indicated in the Conceptual Site Plan and Elevations attached hereto and incorporated herein as Exhibit A. B. The Project includes a two-story building that the Parties intend to use as a multiple-purpose building and community center ("MPR/CC") and associated site work and landscaping. C. The City wishes to reimburse District for a portion of the costs associated with the construction of the MPR/CC and associated site work and landscaping, in accordance with the mutually agreed to Scope of Work/Budget attached hereto and incorporated herein as Exhibit B. D. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the District for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"), to pay for construction costs for the MPR/CC. E. The District, pursuant to, without limitation, section 17077.40, et seq. and/or section 17527, et seq., of the Education Code, is authorized to enter into joint use agreements with other public entities. F. The Parties intend to also enter into a joint use agreement for the MPR/CC between the City and the District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion of the MPR/CC, the District shall permit the City to access the MPR/CC for public use and recreation purposes pursuant to applicable law and to the Joint Use Agreement as mutually agreed upon by the Parties. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Construction of MPR/CC. A. The District shall cause the MPR/CC to be built per the City approved plans, specifications, and construction contract, the approval of which shall not be unreasonably withheld. The District or its agents or representatives, the City and Contractor shall conduct regularly scheduled project meetings as mutually agreed upon and confer prior to finalizing construction work on the MPR/CC. B. The Parties have agreed that Balfour Beatty ("Contractor") will be performing all construction services including, but not limited to, preparation of a construction cost estimate value engineering, as well as actual construction and associated site work and landscaping of the MPR/CC. Contractor was chosen through a request-for-qualification process that the Parties believe was a fair, competitive selection process consistent Draft Construction Reimbursement Agreement - City of Santa Ana/SAUSD - MPR/CC 8-28-12 Page 1 25H-5