INSURANCE KT ON FILE
<br />WORK MAY Nff PROCEED
<br />CLERK OF COUNCIL
<br />DATE: JAN 10 2015
<br />Please tetum an original
<br />exeeuted agreement to
<br />out oface (M-34tT11)
<br />THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16,
<br />2018 by and between the City of Santa Ana, a charter city and municipal corporation ("City") and
<br />the Santa Ana Unified School 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") in an amoanat not to exceed
<br />$4,930,000.
<br />B. The parties subsequently entered into a First Amendment to the Agreement (#A-2016.343)
<br />on December 6, 20x6 to increase the funding for the Project and amend said Agreement to
<br />include the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of
<br />Federal Regulations (24 CFR 570.000), of seq., to pay for design and construction of the
<br />Project, Pursuant to the First Amendment, the City agreed to reimburse the District for
<br />proconstruction costs including design costs and constructions costs in an amount not to
<br />exceed $7,517,509,$2,089,261 in CDBG funds, $223,248 in A&D District 2 available funds
<br />and $275,000 in A&D District 3 available funds.
<br />C. In accordance with the terms and conditions of the Agreement, the .parties wish to further
<br />amend the Agreement to increase funding from the City as to A&D Districts 2 and 3.
<br />Now, therefore, in consideration of the mutual and respective promises, and subject to the terms
<br />and conditions of said Agreement, except those amended in the First Amendment to the
<br />Agreement, and except as herein modified, the parties agree as follows:
<br />1, Section 2, subsection, la, shall amend the A. &D hinds to add a total of $400,000. $277,420 will
<br />be added to the funds from the City for A&D District 2 for a total not to exceed amount of
<br />$500,668, $122,580 will be added to the A&D District 3 funds from the City for a total not to
<br />exceed amount of $397,580, The total reimbursement amount shall be amended to reflect the
<br />$400,000 increase for said Agreement not to exceed amount of $7,917,509,00.
<br />Except as hereinabove modified in this Second Amendment, the terms of said Agreement and
<br />First Amendment shall remain in full force and effect, In the event of any conflict between the
<br />terms of this Second Amendment and the terms of said Agreement and First Amendment, the
<br />terms of this Second Amendment shall control,
<br />t ti
<br />
|