BOWERS, CHARLES W. MUSEUM-2015 - Laserfiche WebLink

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UIVITi 115*11i1 REIMBURSEMENT AGREEMENT This Reimbursement Agreement ( "Agreement ") is made this 4th day of September, 2015, by and between the City of Santa Ana, California, a municipal corporation organized as a charter city ( "CITY "), and The Charles W. Bowers Museum Corporation, a Califomia nonprofit public benefit corporation ( "BOWERS "). CITY and BOWERS are sometimes referred to herein as the "Parties" or individually as a "Party" RECITALS A. BOWERS' Museum and primary location is at 2002 N. Main Street, Santa Ana, California, 92707. B. The CITY is the owner of the property where the Bowers Museum is located. Accordingly, the property is under public ownership and the facility is considered a place of public accommodation. C. The purpose of this Agreement is to provide for CITY to reimburse BOWERS for fees and costs incurred by BOWERS, including, for example, expenses for engineers, architects, and other consultants and contractors, retained by BOWERS in remediating American with Disabilities Act ( "ADA ") barriers. D. The ADA barriers are identified in a report commissioned by the City in response to a claim filed by Mr. Arnie Pike for alleged ADA violations at the Bowers Museum. E. The Report commissioned by the City was prepared by Sally Swanson Architect, Inc., and is dated December 2014 ("the Swanson ReporP'). F. The Parties anticipate that such fees and costs should not exceed three- hundred and fifty Thousand Dollars ($350,000) with a 10 % contingency. NOW THEREFORE, in consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the Parties agree as follows: TERMS Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Reimbursement of Costs. CITY shall reimburse BOWERS for expenses incurred in remediation of the ADA barriers on the Museum property. Bowers shall request reimbursement by submitting invoices and other acceptable receipts to the City in a manner that is easily understood and which clearly identifies the line items that are the subject of the reimbursement request, Said invoices shall be mailed or emailed as follows: Page I of 3