HomeMy WebLinkAboutA-2004-100
PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
COpy
A-2004-100
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C P;?¿5
¿R. ()flO)
AGREEMENT FOR
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FINANCIAL ASSISTANCE
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THIS AGREEMENT, for purposes of identification hereby dated the
if1..-
11 day of
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Kiìj
, 2004,
is
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BY AND BETWEEN
The City of Santa Ana, a charter city and
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municipal corporation! hereinafter referred
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to as "CITY"
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AND
The County of Orange, a subdivision of the
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State of California, hereinafter referred to
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as "COUNTY".
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CITY and COUNTY are sometimes referred to as the \'parties" and individually as the
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"party".
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R E C I TAL S
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WHEREAS, CITY and COUNTY entered into an AGREEMENT dated January 14, 1976, and
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subsequently executed amendments! thereto, dated February 27, 1979 and January 11,
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1983, respectively, concerning the joint development, maintenance and operation of
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Centennial Park, hereinafter referred to as the "ORIGINAL AGREEMENT" for the joint
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development and operation of Centennial Park (the "Park"); and
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WHEREAS, COUNTY through its Harbors, Beaches and Parks Fund 405 completed the
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development of "Phase I" park improvements in 1979 at a cost of $5 million; and
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WHEREAS, the CITY owns the park land and has operated Centennial Park since 1979
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with the COUNTY reimbursing the CITY fifty percent (50%) of the net annual operations
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and maintenance costs, thereof,
at a cumulative additional cost of $4.9 million; and
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WHEREAS, due to changing circumstances in the use and operations of the Park,
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both CITY and COUNTY desire to terminate the Original Agreement and replace it with
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
this AGREEMENT which will provide for phase-out of COUNTY'S annual reimbursement to
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CITY over a three (3) year period and will immediately permit the CITY greater
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flexibility in the use and operation of the Park; and
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WHEREAS, CITY and COUNTY propose under this AGREEMENT that COUNTY would
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contribute a fixed amount of $230,000 for three years for a cumulative maximum total
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amount of $690,000, which would provide up to $375,000 to defray the Park's operations
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and maintenance costs, and the remaining would be utilized by CITY for local park
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development, which shall hereinafter be referred to as "PROJECT", costs.
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NOW, THEREFORE, CITY and COUNTY do hereby agree to the following terms and
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conditions for financial assistance to the operations and maintenance of the Park.
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1. RECITALS
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The Recitals set forth above are true and correct; are a material part of this
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AGREEMENT, and are incorporated herein by this reference.
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2. TIME
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Time is of the essence in this AGREEMENT.
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3. EFFECT OF AGREEMENT
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This AGREEMENT supercedes the ORIGINAL AGREEMENT, and the ORIGINAL AGREEMENT shall be
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terminated and of no further force and effect upon full execution of this AGREEMENT.
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This AGREEMENT fully expresses all understanding of the parties and is the total
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AGREEMENT between the parties as to the subject matter of this AGREEMENT.
No material
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addition to or alteration of the terms of this AGREEMENT, whether written or verbal,
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by the parties, their officers, agents or employees, shall be valid unless in the form
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of a written amendment to this AGREEMENT, and is formally approved and executed by all
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parties.
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
4. PARTIES
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CITY hereby designates its Executive Director of Parks, Recreation and
a.
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Community Services, or his/her designee, to be the liaison for all matters in regard
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to this AGREEMENT, who shall be authorized to manage, coordinate and assure proper
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implementation of services and activities specified herein.
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b.
COUNTY hereby designates its Director of Resources and Development
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Management Department/Harbors, Beaches and Parks, or his/her designee, hereinafter
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referred to as "HBP Director",
to be the COUNTY'S liaison for all matters in regards
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to this AGREEMENT, who shall be authorized to manage, coordinate and assure proper
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implementation of services and activities specified herein.
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5. PROJECT
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PROJECT shall consist solely of the improvements described and illustrated
a.
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more specifically in the accompanying scope of work, site plan, construction values
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and time schedule entitled Exhibit "A", attached hereto and by this reference, made a
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part thereof.
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b.
PROJECT is located within the incorporated territory of CITY.
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6. PERFORMANCE
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It is recognized that all land and improvements at Centennial Park are and
a.
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shall
The CITY need not obtain any prior approval
remain
the property of the CITY.
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of the COUNTY for any licenses or leases it may enter into related to the Park,
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provided that any revenue received by the CITY from such licenses or leases shall be
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considered revenue subject to the provisions of 6.b., below, provided that nothing
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herein shall be construed to require the CITY to impute any revenue or value for uses
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unless actual revenue is generated and received.
Additionally, any costs or fees the
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CITY incurred for joint use of any facilities constructed in Park under such license
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or leases may be included in operating expenses included in 6.b. below.
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
b.
CITY shall credit annually all fees, leases and other revenues collected
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within or from operations and uses allowed within Centennial Park against the total
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In doing so the CITY will include as revenue the amount of $56,087 annually
expenses.
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related to the use of the existing fire training facility by the Rancho Santiago
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Community College District.
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The CITY shall also provide a statement of uses, programs and attendance at
c.
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Centennial Park as well as any other records requested by COUNTY to enable HBP
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Director to determine the net cost after all revenues and credits are recognized for
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the operations and maintenance of Centennial Park that would be reimbursable by COUNTY
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under the terms of this AGREEMENT.
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d.
CITY shall commence PROJECT construction by June 30, 2005, and shall
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complete said construction on or about June 30, 2006, subject to extension reasonably
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approved by the HBP Director, but not to exceed ODe year¡ or to a later date by
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AMENDMENT to this AGREEMENT.
The period for completion as set forth herein however
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shall be extended by the period that completion is delayed by acts otherwise outside
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the control of the CITY.
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7. ADMINISTRATION
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a.
CITY shall have the sole responsibility for the ownership, operations and
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maintenance of Centennial Park. CITY shall at all times during the term of this
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AGREEMENT keep or cause to be kept true and complete books, records and accounts of
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all financial expenditures and revenues pertaining to the operations, maintenance and
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uses in Centennial Park.
All records must be supported by source documents, such as
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cash register receipts, cash register tapes, purchase invoices, cancelled checks, or
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other pertinent documents.
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
b.
(i) amounts specified in
CITY shall annually invoice for the lesser of:
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paragraph 8 (\'Maximum Maintenance Obligation") below for each corresponding fiscal year
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this AGREEMENT is in effect, or (ii) fifty percent (50%) of CITY'S actual net cost to
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operate and maintain Centennial Park with all revenues to be netted against costs as
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described in paragraph 6 ("Performance") above.
All invoices shall be subject to the
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routine processing requirements of the COUNTY'S Auditor-Controller.
CITY shall permit
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COUNTY TO review records relating to Centennial Park expenditures and revenues.
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Records shall be retained and made available to COUNTY for review for a minimum of
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three (3) years after the termination of this AGREEMENT.
The COUNTY shall provide the
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CITY with reasonable notice of intent to exercise such access rights.
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COUNTY shall remit the Maintenance Amount, plus the difference between that
c.
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amount and the County Financial Contribution (set forth in Paragraph 8) ("Project
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ContributionU)
fiscal year below within sixty (60) days upon receipt and
for each
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approval by the HBP Director, or designee, of CITY'S invoice and documentation
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required for funding assistance.
The timeline for all such remittances however is
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subject to the COUNTY'S Auditor-Controller's routine processing requirements.
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d.
CITY shall upon annual receipt of the Project Contribution deposit such
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amounts from COUNTY into a separate fund established for purposes of accounting for
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such cumulative funding.
The title of such fund shall be "Patricia Lane Park
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Accumulated Capital Outlay Fund" to which said funds shall be deposited.
CITY agrees
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that all deposits and interest received shall be used exclusively for the purposes of
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developing PROJECT improvements.
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CITY shall comply with all terms and
services
required under this AGREEMENT
e.
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within the context of the California Environmental Quality Act ("CEQA") of 1970 as
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amended for PROJECT.
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
f.
CITY shall provide management of, and staff assistance for, PROJECT,
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all necessary public agency approvals, licenses and permits and shall
all approvals, licenses and permits in connection with PROJECT at no cost
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CITY shall complete PROJECT construction on or about June 30, 2006, as
g.
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specified in Paragraph 5 ("PERFORMANCE").
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8. COUNTY FINANCIAL OBLIGATION
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In Fiscal Years 03-04, 04-05, 05-06, COUNTY shall annually budget $230,000
a.
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for:
(A) contribution toward CITY'S net cost of operating and maintaining Centennial
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Park ("Maintenance Contribution"),
and (8) local park development ("Project
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Contribution")in the below amounts for each corresponding fiscal year, pertaining to
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costs incurred and revenues attributed to the preceding fiscal year.
Notwithstanding
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the provisions of Section 6, above, the following amounts shall be the maximum
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maintenance contribution obligation for each respective fiscal year and will be
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distributed each year as specified in paragraph 7 ("Administration") above that this
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AGREEMENT is in effect. The balance between each year's maximum maintenance
17 contribution and $230,000 shall be paid as Project Contribution.
18 Fiscal Year Maximum Maintenance Contribution
19 FY 03-04 $150,000
20 FY 04-05 $125,000
21 FY 05-06 $100,000
22 Totals $375,000
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b.
COUNTY'S HBP Director, or his/her assigned designee, shall have the
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authority to make adjustments to this AGREEMENT, with the concurrence of the CITY, as
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deemed necessary in order to advance the purpose of this AGREEMENT, provided that such
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action does not in the aggregate exceed the total amount of financial assistance
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
1
specified in sub-paragraph "a", above, unless approved by the Board of
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Supervisors.
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9. NOTICES
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a. Notices or other communications which may be required or provided under the
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terms of this AGREEMENT shall be given as follows:
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17 b.
COUNTY:
CITY:
INVOICES:
Director, Harbors, Beaches and Parks
Resources and Development Management
County of Orange
P. O. Box 4048
Santa Ana, CA 92702-4048
FAX No. 714-834-4744
Department
Executive Director
Parks, Recreation and
City of Santa Ana
P. O. Box 1988
Santa Ana, CA 92702
FAX No. 714-647-5622
Community Services
Chief, Purchasing and Contracts
Resources and Development Management
County of Orange
P. O. Box 4048
Santa Ana, CA 92702-4048
Department
All notices shall be deemed effective when in writing and delivered in
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person or deposited in the United States of America mail, first class postage, prepaid
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and addressed as above.
Notwithstanding the above, the COUNTY and CITY may also
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provide notices by facsimile transmittal, and any such notices, correspondence,
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reports and/or statements authorized or required by this AGREEMENT, addressed in any
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other fashion shall be deemed not given.
The parties hereto may change the addresses
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to which notices are to be sent by giving notices of such change to the other party.
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10.
INDEMNIFICATION
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Neither COUNTY nor any officer or employee thereof shall be responsible for any damage
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or liability occurring by reason of anything done or omitted to be done by CITY under
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
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or in connection with any work, authority, or jurisdiction delegated to CITY under
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this AGREEMENT.
It is also understood and agreed that pursuant to Government Code
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Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any
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liability imposed for injury (as defined by Government Code Section 810.81 by reason
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of anything done or omitted to be done by CITY under this AGREEMENT.
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11.
TERM OF AGREEMENT
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The term of this AGREEMENT shall be for three (3) years beginning July 1, 2003, or as
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soon thereafter as it is fully executed by both Parties, and extending through June
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30, 2006, or such later extension in order for CITY to complete PROJECT construction
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as provided for in paragraph 6.d (\\Performance") above.
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12.
VENUE
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The parties hereto agree that this AGREEMENT has been negotiated and executed in the
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State of California and shall be governed by and construed under the laws of
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California.
the parties hereto specifically agree to waive any and all
Furthermore I
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rights to request that an action be transferred for trial to another county.
16 13.
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21 III
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EXHIBIT A:
Scope of Work
Construction Values
Project Schedule
Site Map
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PROJECT:
City of Santa Ana
Centennial Park
AGREEMENT No. 003-047
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
dates opposite their respective signatures:
DATE:
DATE:
ATTEST:
PATRICIA A. HEALY
CLERK OF THE COUNCIL
',ç?~':'>I/' í-
SIGNED AND CERTIFIED THAT
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN
BOARD
A COPY
OF THE
Darlene J. Bloom
Clerk of the Board of Supervisors
Of Orange County, California
COUNTY OF ORANGE, a subdivision
of The State of California
By:
Bryan Speegle, Director
Resources and Development
Management Department
CITY OF Santa Ana, a charter
city and municipal corporation
By:
OJìJa~
David N. Ream City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
CITY ATTORNEY
"'~~
I (J.=ý ;I1sU c. r>< tl
APPROVED AS TO FORM:
BENJAMIN P. DEMAYO, COUNTY
COUNSEL
ORANGE COUNTY, CALIFORNIA
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