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<br />AGREEMENT NO. C-5-2592 <br /> <br />landscaping and COSTA MESA and SANTA ANA along with effected businesses have expressed <br /> <br /> <br />2 serious concern with regards to the appearance of the 1-405/Bristol Street and SR-55/MacArthur <br /> <br />3 Boulevard interchanges; and <br /> <br />4 WHEREAS, AUTHORITY has agreed to provide funding in the not to exceed amount of One <br />5 Million, Three Hundred Forty-Three Thousand Dollars ($1,343,000.00), for completion of <br />6 landscaping (hereinafter referred to as "LANDSCAPING PROJECT") based on conceptual design <br />7 and cost estimates provided by CALTRANS. The AUTHORITY, COSTA MESA and SANTA ANA <br /> <br />8 have reviewed the conceptual plan and the project estimate and are satisfied with the <br /> <br />9 LANDSCAPING PROJECT being proposed; and <br />10 WHEREAS, all elements of the LANDSCAPING PROJECT including design, construction, <br />11 construction management and administration shall be performed by COSTA MESA, SANTA ANA or <br />12 their respective representative(s) in the not to exceed amount of $1,343,000.00 shall be independent <br />13 of the present MOS-2 and 3 PROJECT elements including budget and schedule. COSTA MESA <br />14 and SANTA ANA agree that should the cost of the landscaping exceed $1,343,000.00 at any time <br />15 after execution of this Agreement, COSTA MESA and SANTA ANA shall fund all additional project <br /> <br />16 costs or may choose to reduce the scope to remain within the budget. <br /> <br />17 NOW, THEREFORE, it is mutually agreed by AUTHORITY, COSTA MESA and SANTA ANA <br /> <br />18 as follows: <br /> <br />19 ARTICLE 1. COMPLETE AGREEMENT <br /> <br />20 This Agreement, including all exhibits and documents incorporated herein and made <br /> <br />21 applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br /> <br />2Z condition(s) of the agreement between AUTHORITY, COSTA MESA and SANTA ANA and it <br /> <br />23 supersedes all prior representations, understandings and communications. The invalidity in whole <br /> <br />24 or part of any term or condition of this Agreement shall not affect the validity of other term(s) or <br />25 condition(s). <br />26 / <br /> <br />KPEREZ:CF <br />L:\CAMM\CLERICAl \ClERICAl\WORDPROCIAGREE\AG52592.DOC <br /> <br />Page 2 of 10 <br />