20A - AA -AGMT - RSCCD LAND CONVERSION

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The parties therefore agree: 1. In consideration for the District's obligations in this Agreement, the City agrees to initiate and pursue the Land Conversion Requirements and take all other actions necessary to obtain the NPS's approval of the Replacement Properties and removal of the Use Restrictions from the License Area in order to allow the City and the District to enter into negotiations for a long -term lease of the License Area. 2. The District agrees to cooperate with the City in fulfilling the Land Conversion Requirements and to reimburse the City in an amount not to exceed Three Hundred Thirty -Four Thousand Dollars ($334,000) for its costs at such times and in such amounts set forth in this Agreement. 3. The scope of the Land Conversion Requirements shall conform with those requirements found at 36 C.F.R. § 59.3, which are incorporated by reference, and any other applicable requirements hereafter established by the NPS. 4. The estimated costs of the Land Conversion Requirements are set forth in Exhibit A and are based on the City's prior experience in the earlier land conversion. Notwithstanding the foregoing, the District shall reimburse the City for the actual costs for the tasks described in Exhibit A and any others required by the Land Conversion Requirements. Additionally, the Executive Director of the City's Parks, Recreation and Community Services Agency ( "Executive Director ") and the District's Vice Chancellor of Business Operations/Fiscal Services ( "District Official ") are hereby authorized to add any additional categories of expense if so required by the NPS, provided that the total reimbursement obligation of the District shall not exceed $334,000 without written approval by the City Council and the District's governing board, which approval must be granted by both the City and the District before such additional expenses are incurred. a. City shall ensure that the scope of work and deliverable(s) of each consultant utilized will comply with the scope of the Land Conversion Requirements. b. City shall formally bid and award contracts in accordance with City's rules and regulations for the procurement of materials, supplies, labor, and equipment. 5. Payment by the District shall be made within thirty (30) days of the District's receipt of (a) the City's payment request based on invoices received by the City from its consultants for the required tasks and services described on Exhibit A, (b) copies of those invoices, and (c) copies of any other supporting documentation reasonably requested by the District to evidence that the work invoiced by the consultant has actually been performed. 6. This Agreement shall commence on the date fist written above and expire on the latter of the dates when (a) the City has been reimbursed in full for the expenses that are the subject of this Agreement or (b) the NPS has rendered its final decision as to whether the Replacement Properties are acceptable to cause the Use Restrictions to be removed from the License Area. This Agreement may be terminated earlier by mutual agreement of the parties, provided that the City is paid in full for all expenses it has incurred at the time of the effective date of termination. 7. The City acknowledges that the District is providing the funding which is the subject of this Agreement with the understanding that if and when the Use Restrictions are removed from the License Area by the NPS, the City and the District will enter into negotiations for a long -term lease agreement for the District's use of the License Area on terms and conditions mutually acceptable to the City and the District. If, within thirty -six months following the removal of the Use Restrictions, the 20A -6