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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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7/21/2016 3:34:49 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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REIMBURSEMENT AGREEMENT FOR COMPLETION OF LAND CONVERSION <br />APPROVAL FOR CENTENNIAL EDUCATION CENTER <br />This Reimbursement Agreement for Completion of Land Conversion Approval for Centennial <br />Education Center ( "Agreement ") is made and entered into on August 4, 2015, by and between Rancho <br />Santiago Community College District ( "District ") and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. The City owns Centennial Park in the City of Santa Ana. <br />B. The City obtained the land for Centennial Park from the United States government subject to <br />certain use restrictions imposed in the grant deed by which title to the land was conveyed to the <br />City ("Use Restrictions "). The Use Restrictions require the land to be used for public recreational <br />purposes. The National Park Service ( "NPS ") is charged with interpreting and enforcing the Use <br />Restrictions. <br />C. By License Agreement in 1979, the City licensed approximately 1.76 acres within the Park to the <br />District ( "License Area ") to build and operate an educational facility that was approved by the <br />NPS. The District was later allowed to expand the License Area to include a total of <br />approximately 2.6 acres. The entire facility is known as Centennial Education Center. <br />D. The License Agreement original expiration date was November 2009 and has been extended <br />twice, to allow time for the District to vacate the site or work with the City on a possible land <br />conversion plan. The License Agreement presently expires in November 2019. <br />E. The District has expressed its interest to convert the License Agreement into a long -term lease in <br />order to permit the District to make improvements to its facilities. This request was initially <br />denied by the NPS because it did not satisfy the Use Restrictions. <br />F, A long -tern lease may only be negotiated if a land conversion is approved by NPS, which would <br />effectively release the License Area from the Use Restrictions and transfer the Use Restrictions to <br />one or more new park sites of equal size and value. The NPS has established requirements for <br />land conversion approval under Section 6(f)(3) of the Land and Water Conservation Fund Act <br />that are more specifically delineated at 36 C.F.R. § 59.3 ( "Land Conversion Requirements "). <br />G. One City -owned parcel of 1.4 acres has already been identified and approved by NPS under this <br />process, and it is expected that two additional sites ( "Replacement Properties ") will be proposed <br />by the City to NPS for consideration in order to complete the land conversion. The Replacement <br />Properties are identified as follows: <br />Raiff and Myrtle Parcel 1.09 acres <br />Lacy Neighborhood Parcels .42 acres <br />Total 1.51 acres <br />H. The District has previously reimbursed the City for costs associated with the earlier land <br />conversion and wishes to reimburse the City for additional costs to be incurred to fulfill the Land <br />Conversion Requirements for the Replacement Properties. <br />20A -5 <br />
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