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FIRST AMENDMENT TO AGREEMENT BETWEEN
<br />THE CITY OF SANTA ANA AND
<br />SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING
<br />REIMBURSEMENT OF CONSTRUCTION COSTS
<br />FOR ROOSEVELT - WALKER ELEMENTARY SCHOOL
<br />INCORPORATING PROP. 84 GRANT AND CDBG REQUIREMENTS
<br />THIS FIRST AMENDMENT TO THE REIMBURSEMENT AGREEMENT ( "First
<br />Amendment ") is entered into this day of 2016, by and between the City of
<br />Santa Ana, a charter city and municipal corporation ( "Cit)�') and the Santa Ana Unified School
<br />District, a public school district ( "District ").
<br />RECITALS
<br />A. On March 18, 2013, the City entered into Reimbursement Agreement #A- 2013 -043 ( "said
<br />Agreement ") with the District regarding the reimbursement of design and construction costs
<br />for improvement of the multi - purpose sports and recreation facilities (the "Facilities ") at
<br />Roosevelt - Walker Elementary School (the "Project ").
<br />B. hi accordance with the terms and conditions of said Agreement, the parties desire to amend
<br />said Agreement to increase funding for the Project.
<br />C. In addition, the City, as an entitlement recipient and grantee of the United States
<br />Department of Housing and Urban Development ( "HUD ") Community Development
<br />Block Grant ( "CDBG ") Catalog of Federal Domestic Assistance (CFDA) Number
<br />14.218, Federal Award Identification Numbers (FAIN) B- 14 -MC -06 -0508, B- 15- MC -06-
<br />0508, B- 16 -MC -06 -0508, award amounts of $5,560,186, $5,434,375 and $5,286,263
<br />respectively, on July 1, 2014, July 1, 2015, and July 1, 2016 respectively, desires to
<br />amend said Agreement to include the expenditure of CDBG funds in accordance with
<br />Title 24, Part 570 of Code of Federal Regulations (24 CFR 570.000), et seq., to pay for
<br />design and construction of the Project.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
<br />the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
<br />1. Section 2, subsection b, of said Agreement shall be amended to read as follows:
<br />"The City shall reimburse the District for preconstruction costs, which shall include design
<br />costs, and construction costs for the Facilities in a total not to exceed the amount of
<br />Seven - Million, Five - Hundred Seventeen Thousand, Five - Hundred Nine Dollars
<br />($7,517,509.00), which includes Four - Million, Nine - Hundred and Thirty Thousand
<br />Dollars ($4,930,000.00) in Prop 84 funds from the State, Two - Million, Eighty -Nine
<br />Thousand, Two- Hundred Sixty -One Dollars ($2,089,261.00) in CDBG funds from
<br />HUD, Two- Hundred Twenty -Three Thousand, Two- Hundred Forty -Eight Dollars
<br />($223,248.00) in A &D District 2 Available Funds from the City, and Two- Hundred
<br />Seventy -Five Thousand Dollars ($275,000.00) in A &D District 3 Available Funds from
<br />the City. The City shall pay invoices submitted by the District within thirty (30) days
<br />following receipt of invoice as set forth above, subject to receipt of Prop 84 funds from the
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