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A- 2013 -043 <br />AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND <br />SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING <br />REIMBURSEMENT OF CONSTRUCTION COSTS <br />FOR ROOSEVELT - WALKER ELEMENTARY SCHOOL <br />INCORPORATING PROP. 84 GRANT REQUIREMENTS <br />This Agreement Between the City of Santa Ana and Santa Ana Unified School District ( "Agreement ") is made this <br />i8i= day ofJNtti- , 2013, by and between the City of Santa Ana, a charter city and municipal corporation ( "City "), <br />and the Santa Ana Unified School District ( "District "), a public school district (collectively, "Parties "; individually <br />"Party "). <br />RECITALS <br />A. The District is designing and constricting improvements at its Roosevelt - Walker Elementary School site (the <br />"Project "). <br />B. The Project includes improvement of the multi - purpose sports and recreation facilities ( "Facilities "), which are <br />depicted in Exhibit A: <br />I . A decomposed granite running track, <br />2. Basketball court Sports field lighting, <br />3. Install a park site with tot lot, basketball /volleyball court and play area, <br />4. Fencing and landscaping around the park site, <br />5. Install a parking tot for access to the park site, and <br />6_ Construct a 10,000 sq. ft. community center, <br />The Parties intend to use the Facilities for joint use to benefit the community and District students. <br />C. The City agrees to reimburse the District for costs associated with the design and constriction of the Facilities, <br />which will be constructed as part of the Project. <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 into this Agreement with the District for the <br />expenditure of Prop. 84 fiords in accordance with State Department of Parks and Recreation riles and <br />regulations, to pay for certain construction costs for the Facilities. The enforceability of this Agreement is <br />contingent upon the City's receipt of sufficient Prop. 84 fiords to pay for the design and constriction of the <br />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. Design and Construction of Facilities. <br />a. As part of the Project, the District shall cause the Facilities to be designed and built, subject to the City's <br />Construction Reimbursement Agr — City of Santa Ana /SAUSD — Roosevelt- Walker Facilities 1 /31 /13 <br />Page 1 <br />