SANTA ANA UNIFIED SCHOOL DISTRICT (17) -2013

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approval, which shall not be unreasonably withheld. The District or its agents or representatives shall meet and confer with the City prior to finalizing construction work on the Facilities, and at reasonable intervals during the development process. b. The District shall not be obligated to incur any expenses or be obligated by a third party contract to start the design or construction of the Facilities until the City gives the District notice that it has received from the State a certain sum of Prop. 84 funds that will be available for construction of the Facilities, and that the District has reasonably determined are sufficient funds available to complete construction of the Facilities. City shall provide the District with notice of each Prop. 84 disbursement received for use on the Facilities. c. The City acknowledges that the District is undertaking design and construction of the Project. The Facilities shall be constructed substantially to conform with the Scope of Development attached hereto as Exhibit A, and incorporated herein by reference, unless modified by written agreement between the Parties. 2. Payment for Desien and Construction of the Facilities. a. District shall be responsible for contract administration, including labor compliance administration as required by Prop 84 Grant funding. District shall monthly submit invoices to the City evidencing construction work completed in the previous month. Said invoice shall include District Contractor's invoice and backup documentation evidencing labor compliance. At its award of the Project construction contract, District shall provide to City a timeline and budget schedule for completion of the Project. District shall maintain and update these schedules. b. The City shall reimburse the District for preconstruction costs, which shall include design costs, and construction costs for the Facilities in a total not to exceed amount of Four Million Nine Hundred Thirty Thousand Dollars ($4,930,000.00). The City shall pay invoices submitted by the District within thirty (30) days following receipt of invoice as set forth above, subject to receipt of Prop 84 funds from the State. City shall retain Seventy Thousand Dollars ($70,000.00) for costs associated with contract administration and CEQA compliance required by the grant. c. The City's reimbursement of preconstruction costs, including design, shall not exceed twenty -five percent (25 %) of total Project costs, as set forth in Section 2.b, above. d. Any costs exceeding $4,930,000.00 shall be the sole responsibility of the District. e. The Parties agree to take all reasonable actions to cooperate to enforce the provisions in this Agreement, including this provision, if other third party agencies, including the State of California, attempt to interpret this Agreement contrary to the language herein. 3. Record Drawines /Plans for Facilities. District will provide City a set of record drawings of the Facilities and copies of all contractor - supplied use manuals and warranty information, as applicable. 4. Term/Termination. a. This Agreement shall begin on the date first stated above and terminate ninety days after District files a Notice of Completion regarding the Facilities. Except as indicated herein, neither Party may terminate this Agreement. b. If the City breaches this Agreement in any material way, the District may elect to provide written notice to the City of the breach(es). If the City does not cure the breach(es) within ten (10) days of receipt of the notice by paying all overdue funds, the District may terminate this Agreement by providing written notice of termination to the City. c. If the District breaches this Agreement in any material way, the City may elect to provide written notice to the District of the breach(es). If the District does not cure the breach(es) within ten (10) days of receipt of Construction Reimbursement Agr — City of Santa Ana /SAUSD — Roosevelt- Walker Facilities 1/31/13 Page 2