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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 />