HomeMy WebLinkAbout25C - AGMT - AMEND - REIMBURSEMENT OF CONSTRUCTION COST ON WILLARDREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 3, 2012
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AMENDMENT AGREEMENT WITH SANTA ? As Recommended
ANA UNIFIED SCHOOL DISTRICT FOR El Amended
El Or dinance on 1St Reading
REIMBURSEMENT OF CONSTRUCTION ? Ordinance on 2nd Reading
COST AT WILLARD INTERMEDIATE PARK ? Implementing Resolution
? Set Public Hearing For_
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with the Santa Ana Unified School District for the reimbursement of construction costs
for Willard Intermediate School park improvements.
DISCUSSION
On October 11, 2011, the City Council approved a reimbursement agreement with the Santa Ana
Unified School District (SAUSD) for the design and construction of Willard Intermediate Park. The
agreement expires on December 31, 2012. The development plans are currently being processed
through the Department of State Architects. The SAUSD anticipates Phase I (synthetic turf field,
running track, concrete walks and sports lighting conduits) to be under construction between
February 2013 and July 2013. Phase 2 (park restroom, tot lot play area and sports/security lights) is
scheduled to be under construction by March 2013 and completed in the beginning of 2014.
Funding for this project is being provided by Proposition 84 "Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act grant, in amount of $4.4 million. A
two-year extension of the reimbursement agreement is being requested to allow time for project
completion and funding reimbursement from the State of California.
FISCAL IMPACT
There is no fiscal impact associated with this action.
4,
Gerardo Mouet,
Executive Director
Parks, Rec. and C
m. Svcs. Agency
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AMENDMENT TO AGREEMENT REGARDING
REIMBURSEMENT OF CONSTRUCTION COSTS
FOR WILLARD INTERMEDIATE SCHOOL
INCORPORATING PROP. 84 GRANT REQUIREMENTS
This Amendment to Agreement ("Amendment") is made this 3rd day of December, 2012, by and
between the City of Santa Ana, a charter city and municipal corporation ("City"), and the Santa
Ana Unified School District ("District"), a public school district (collectively, "Parties";
individually "Party").
Recitals
A. The Parties entered into Agreement A-2011- 232, dated October 11, 2011, (hereinafter "said
Agreement") by which the Parties agreed that District will design and construct sports and
recreation facilities, including an all weather running track, synthetic turf sports field, sports
field lighting, restroom, exercise / play area, fencing and landscaping, and renovation of the
existing basketball courts, (hereinafter, "Facilities") which will be jointly utilized by District
and City for the benefit of City residents; and
B. Pursuant to said Agreement, the Parties agreed that City shall reimburse District for the
design and construction costs of the Facilities, in accordance with requirements of California
Proposition 84, the Statewide Park Development and Community Revitalization Program
Grant Funds under the Safe Drinking Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 ("Prop. 84"); and
C. The Facilities plans are currently being processed through the Department of State Architects;
and
D. The Parties anticipate construction of Phase I (Synthetic Turf Field, running track, concrete
walk and sports lighting conduits) between February 2013 and July 2013, and Phase 2 (Park
Restroom, Tot Lot Play area and Sports/Security Light) to construction commencing March
2013 and completion in early 2014; and
E. In accordance with the terms and conditions of said Agreement, the parties wish to extend the
term to allow for the completion of design and construction of the Facilities, and
reimbursement of costs pursuant to the guidelines provided by Prop. 84.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this First Amendment to
Agreement, the parties agree as follows:
Section 4.a., Term/Termination, shall be deleted in its entirety and replaced with the
following:
"This Agreement shall begin on October 11, 2011 and terminate on December 31, 2014.
Except as indicated herein, neither Party may terminate this Agreement.
2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
Dated:
By:
Print Name:
Print Title:
Attest:
By:
Print Name
Print Title:
City of Santa Ana
20
Paul M. Walters
City Manager
Santa Ana Unified School District
Dated:
By:
Print Name
Print Title:
20
Joe Dixon
Assistant Superintendent, Facilities
& Governmental Relations
Maria D. Huizar
Clerk of the Council
Approved as to Form
By:
Print Name: Sonia R. Carvalho, City Attorney
Print Title: By Laura Sheedy_
Assistant City Attorney
Dated:
By:
Print Name:
Print Title:
20
Michael P. Bishop, Sr.
Associate Superintendent, Business
Services
Approved as to Form
By:
Print Name:
Print Title:
Philip J. Henderson
Attorney, Orbach Huff & Suarez
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