25E - AGMT - REIMBURSEMENT MONTE VISTA

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REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING REPAIR OF JOINT USE FACILITIES (MONTE VISTA ELEMENTARY SCHOOL) This Reimbursement Agreement Between the City of Santa Ana and Santa Ana Unified School District Regarding Repair of Joint Use Facilities ("Agreement') is made this 16" day of September 2013, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and the Santa Ana Unified School District ("District'), a public school district (collectively, "Parties"; individually "Party"). RECITALS A. The City and District entered into the Joint Use Agreement for the Monte Vista Elementary School site dated June 28, 2012 (Agreement #A-2012-155 - "said Agreement") to undertake a coordinated use of the Monte Vista ball field and basketball courts in order to allow maximum use by community residents and youth sports organizations. B. Pursuant to the terms of said Agreement there is a process for the Parties to follow in the event of the necessity of significant repairs to the Joint Use Facilities. C. The Parties desire to divide the cost for the repairs to the basketball courts. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the Parties hereto agree as follows: 1. DEFINITIONS. The following definitions shall apply to the terms as used in this Agreement: A. "Joint Use Property" shall mean that certain real property and improvements thereon described in Exhibit A attached hereto. B. "Joint Use Facilities" shall mean the (i) basketball courts and (ii) ball field as identified in Exhibit A attached hereto. C. "Technical Advisory Committee" shall mean the committee created and appointed by the City Manager of the City and the Superintendent of the District pursuant to the Joint Use Agreement between the Parties pertaining to Godinez High School at Centennial Park. The Technical Advisory Committee shall be responsible for resolving conflicts in scheduling of the Joint Use Facilities which are the subject of this Agreement. 2. REPAIRS NEEDED. Pursuant to the terms of said Agreement, the Parties determined that "Significant Repairs" of the Joint Use Facilities are required; the basketball courts need repair and resurfacing. Section 3.J. of said Agreement requires that the District shall be responsible for repair of the Joint Use Facilities. However, District shall submit any plans for "significant repairs" to the Technical Advisory Committee. The Technical Advisory Committee reviewed the plans and determined whether and to what extent the City would share in the cost of the significant repairs to the Joint Use Facilities. "Significant Repairs" include, at a minimum, any repair or replacement of a component of the Joint Use Facilities that will cost in excess of fifty percent (50%) of the reasonable estimated value of the component needing repair or replacement. The Parties have agreed to equally split the cost for the Significant Repairs to the basketball courts. Paim v5L-3 2