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AGREEMENT <br />THAT PARTIES MUTUALLY AGREE AS FOLLOWS: <br />1. SANTA ANA is designated as agent for GARDEN GROVE for the <br />purpose of performing various right-of-way services such as, but not limited to, engineering, <br />surveys, appraisals, negotiations and relocation assistance for right-of-way acquisition within <br />the boundaries of GARDEN GROVE. SANTA ANA shall conduct negotiations to acquire <br />property rights on each parcel until acceptance or the need for condemnation, or <br />GARDEN GROVE requests SANTA ANA to discontinue the acquisition process. <br />Acquisition files will be provided to GARDEN GROVE if it becomes necessary to acquire <br />any parcels by condemnation. All property acquired within GARDEN GROVE shall be <br />approved and accepted by the Garden Grove City Council and shall be vested in the City's <br />name. All settlements that vary from an approved appraisal must be authorized in <br />accordance with CALTRANS' acquisition procedures. Upon completion of acquisition <br />services and review by CALTRANS, SANTA ANA shall deliver all files and documents to <br />GARDEN GROVE. <br />2. The PROJECT has received funding in the amount of $2,662,000 <br />Federal Funds for the right-of-way acquisition amounting approximately 80 percent of the <br />estimated cost of acquisition. The remaining costs associated with right-of-way acquisition <br />will be paid by GARDEN GROVE and SANTA ANA, <br />3. SANTA ANA is designated agent for GARDEN GROVE for the <br />purpose of preparing plans, specifications and estimates; to furnish all necessary <br />construction engineering services; to advertise and administer the construction of the <br />Project; and to comply with all applicable Federal, State, and County grant program <br />procedures and requirements for the PROJECT. <br />4. SANTA ANA agrees that prior to advertising for bids, said plans and <br />specifications shall be submitted for written approval of the City Engineer of GARDEN <br />GROVE. It is further agreed that after construction bids for the PROJECT have been <br />opened and reviewed, SANTA ANA may award the contract to the lowest responsible <br />bidder as determined by the SANTA ANA City Council, provided GARDEN GROVE has <br />approved the award and the contractor has complied with all applicable procedures and <br />requirement for the Federal, State, and County grant programs. <br />2 <br />