25B - AGMT - JOINT USE ROOSEVELT ELEMENTARY

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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REIMBURSEMENT OF CONSTRUCTION COSTS FOR ROOSEVELT-WALKER ELEMENTARY SCHOOL INCORPORATING PROP. 84 GRANT REQUIREMENTS This Agreement Between the City of Santa Ana and Santa Ana Unified School District ("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 improvements at its Roosevelt-Walker Elementary School site (the "Project"). B. The Project includes improvement of the multi-purpose sports and recreation facilities ("Facilities"), which are depicted in Exhibit A: 1. A decomposed granite running track, 2. Basketball court Sports field lighting, 3. Install a park site with tot lot, basketball/volleyball court and play area, 4. Fencing and landscaping around the park site, 5. Install a parking lot for access to the park site, and 6. Construct a 10,000 sq. ft. community center, The Parties intend to use the Facilities for joint use to benefit the community and District students. C. The City agrees to reimburse the District for costs associated with the design and construction of the Facilities, which will be constructed as part of the Project. D. The City, as a recipient of Proposition 84- Statewide Park Development and Community Revitalization Program Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 ("Prop. 84") funds, desires to enter into this Agreement with the District for the expenditure of Prop. 84 funds in accordance with State Department of Parks and Recreation rules and regulations, to pay for certain construction costs for the Facilities. The enforceability of this Agreement is contingent upon the City's receipt of sufficient Prop. 84 funds to pay for the design and construction of the Facilities. 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 separate agreement for joint use of the Facilities between the City and the District, that the Parties will approve separate from this Agreement ("Joint Use Agreement"). Upon completion of the Facilities, the District shall permit the City to access the Facilities for public use and recreation purposes pursuant to applicable law and to the Joint Use Agreement. NOW, THEREFORE, the Parties agree as follows: AGREEMENT 1. Design and Construction of Facilities. a. As part of the Project, the District shall cause the Facilities to be designed and built, subject to the City's Construction Reimbursement Agr - City of Santa Ana/SAUSD - Roosevelt- Walker Facilities 1/31/13 Page 1 25B-31