HomeMy WebLinkAboutCHARLES W. BOWERS MUSEUM CORPORATION-2006
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BOWERS MUSUEM
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT, made and entered into this 6th day of
September, 2006 by and between the CHARLES W. BOWERS MUSEUM CORPORA nON, a
California nonprofit public benefit corporation (hereinafter "Corporation"), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California (hereinafter "City").
RECITALS
A. The City and Corporation are parties to that certain Amended and Restated Operating
Agreement dated June 18, 2001, as amended September 6, 2005, and April 17, 2006
("the Agreement"), relating to the ownership and operation of the Charles W. Bowers
Memorial Museum ("the Museum").
8. Pursuant to section 4.07(e) of the Agreement, the City and the Museum may meet and
confer to determine to undertake certain "capital repair and replacement" activities at
the Museum.
C. The Agreement, in section 1.0I(m), defines "capital repair and replacement" items to
include such things as replacement of roofs, repainting of exterior walls and
replacement of floor coverings, replacement of worn climate control components
such as compressors, fans, motors, etc.; repaving of parking lots;
replacement/upgrades of doors, stairs, ramps, etc. due to changes in access or other
legal requirements; and replacement of elevator motors, controls and components.
D. By unanimous vote taken at its regular meeting of September 5, 2006, the City
Council of the City directed the City Attorney to prepare, and authorized the City
Manager and Clerk of the Council to execute, an agreement providing for City
contribution of$150,000 toward capital repair and replacement items at the Museum,
including repainting the Museum's exterior to match the color of the new expansion
area.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Corporation shall complete the capital repair and replacement items approved by the
City's Deputy City Manager for Development Services, including but not limited to repainting
the exterior of the existing Museum to match the color ofthe new expansion area.
2. COMPENSATION
City agrees to reimburse Corporation a total amount not to exceed ONE HUNDRED
FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000.00), for all "capital repair and
replacement items" approved pursuant to paragraph 1, above, as that term is defined in the
Agreement.
3. TERM
This Agreement shall commence on the date first written above and terminate on July I,
2008. The term of this Agreement may be extended upon a writing executed by the Deputy City
Manager for Development Services and the City Attorney
IN WITNESS WHEREOF, the parties hereto have executed this Reimbursement
Agreement the date and year first above written.
ATTEST:
CITY OFSANTijNA,
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DAVIDN.REAM
City Manager
PATRICIA E. HEA
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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CORPORATION
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Corporation's Federal Tax ID No.
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