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<br />A-2004-137 <br /> <br />AGREEMENT BETWEEN CITY OF SANTA ANA AND SOUTHERN CALIFORNIA <br />REGIONAL RAIL AUTHORITY FOR CONSTRUCTION OF BLOCK WALL AT <br />SANTA ANA REGIONAL TRANSPORTATION CENTER <br /> <br />This Agreement is executed this Ú~ day of ~-t 11 U , 2004 by and between the City <br />of Santa Ana, a public body, corporate and po~and the Southern California <br />Regional Rail Authority, a joint powers authority, created under the laws of the State of <br />California (the "SCRRA"). <br /> <br />WHEREAS, the SCRRA operates Metrolink commuter rail service between Union <br />Station in Los Angeles and a terminal in Oceanside (the "Orange County Line") along railroad <br />right-of-way owned by the Burlington Northern Santa Fe Railroad and the Orange County <br />Transportation Autbority (the "OCTA"); and <br /> <br />WHEREAS, the City is the owner of certain real property containing a passenger train <br />station, known as the Santa Ana Regional Transportation Center (the "SARTC"); and, <br /> <br />WHEREAS, the OCTA is the owner ofthe railroad right-of-way located within the City <br />of Santa Ana and adjacent to the SARTC; and, <br /> <br />WHEREAS, the City operates and maintains the SARTC under the terms of Cooperative <br />Agreement No. C-94-859 between the OCTA and the City; and, <br /> <br />WHEREAS, in accordance with a cooperative agreement (EA: 75-R70IFB) between the <br />State of California, Department of Transportation (the "State") and the City, the State shall <br />provide up to $375,000 in State SHOPP Managed TEA-Federal funds to the City for the design <br />and construction of a block wall within the OCT A right-of-way at the SARTC; and, <br /> <br />WHEREAS, the City shall provide 25% matching funds up to $125,000 for the design <br />and construction of the block wall; and, <br /> <br />WHEREAS, the City desires to have SCRRA construct the block wall (the "Project") <br />under SCRRA Contract C3078-04 in order to efficiently coordinate construction activity at the <br />SARTC; and, <br /> <br />NOW, THEREFORE, in consideration oftbe mutual benefit to be derived by the City <br />and SCRRA, it is hereby agreed as follows: <br /> <br />ARTICLE 1 <br /> <br />TERM <br /> <br />I.I <br /> <br />This Agreement shall terminate when the Project is complete and all invoices for the <br />Project have been paid in full. The Agreement may be terminated by mutual consent. <br /> <br />ARTICLE 2 <br /> <br />SCOPE OF WORK <br /> <br />2.1 <br /> <br />During the term of this Agreement, the SCRRA shall add the scope of the Project to <br />SCRRA IFB No. C3078-04, award a contract to the lowest responsive and responsible <br />