S CA REGIONAL RAIL AUTHORITY 2 - 2004

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A-2004-136 copy '.. AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY FOR CONSTRUCTION AND O~ Nit MAINTENANCE OF STATION PLATFORM AND PEDESTRIAN BRIDGE b. 61'oNi¡Jj/lt>ThiS Agreement is executed this //1<- day of ~u.J~ ,2004 by and between the City of Santa Ana, a public body, corporate and politic (the' City"), and the Southern California Regional Rail Authority, a joint powers authority, created under the laws of the State of California (the "SCRRA"). WHEREAS, the SCRRA operates Metrolink commuter rail service between Union Station in Los Angeles and a terminal in Oceanside (the "Orange County Line") along railroad right-of-way owned by the Burlington Northern Santa Fe Railroad and the Orange County Transportation Authority (the "OCT A"); and WHEREAS, the City is the owner of certain real property containing a passenger train station, known as the Santa Ana Regional Transportation Center (the "SARTC"); and, WHEREAS, the OCTA is the owner of the railroad right-of-way located within the City of Santa Ana and adjacent to the SARTC; and, WHEREAS, the City operates and maintains the SARTC under the terms of Cooperative Agreement No. C-94-859 between the OCT A and the City; and, WHEREAS, the City and SCRRA agree that the addition of a second side boarding platform and a pedestrian bridge structure at the SARTC (the "Project") would improve the circulation of passengers to and from trains; and, WHEREAS, the Joint Exercise of Powers Agreement to Establish the Southern California Regional Rail Authority provides the SCRRA with the power in its own name to recommend station designs and construct facilities; and, WHEREAS, the California Transportation Commission has allocated funds for the Project and the State of California, Department of Transportation (Caltrans) has entered into an Intercity Rail Passenger Facility Agreement with theSCRRA to reimburse SCRRA a maximum of $5,500,000 for the design and construction of the Project; and, NOW, THEREFORE, in consideration of the mutual benefit to be derived by the City and SCRRA, it is hereby agreed as follows: ARTICLE 1 TERM 1.1 This agreement shall remain in force as long as the station is served by SCRRA commuter rail service. The agreement may be terminated by mutual consent. Those portions of this agreement relating to design and construction shall terminate when construction is completed and accepted by both parties and all payments of money for design and construction services have been paid in fulL