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COOPERATIVE AGREEMENT NO. C-8-0862 <br />WHEREAS, AUTHORITY, CITY, CPUC and Southern California Regional Rail Authority <br />(SCRRA) conducted field diagnostic review meetings between May 22 and May 24, 2006 for all <br />grade crossings under the jurisdiction of the CITY; and <br />WHEREAS, SCRRA is an independent joint powers authority created and existing <br />pursuant to California Public Utilities Code Section 130255 and California Government Code <br />Sections 6500 et seq.; and <br />WHEREAS, SCRRA will be responsible for the delivery of the PROJECT in accordance <br />with the scope of work and agreement established with the AUTHORITY and SCRRA's Joint <br />Powers Agreement budget process; and <br />WHEREAS, AUTHORITY, at its August 27, 2007 Board of Directors' meeting, adopted <br />a recommendation to include into the PROGRAM improvements designed to help enable CITY <br />to establish a quiet zone; and <br />WHEREAS, in consideration of the implementation strategy, diagnostic reviews and <br />quiet zone considerations, CITY and AUTHORITY desire to cooperate and complete rail- <br />highway grade crossing safety enhancements, as set forth in Exhibit A, at the grade crossings <br />under the jurisdiction of the CITY, herein referred to as the "PROJECT"; and <br />WHEREAS, the AUTHORITY and CITY agree to a cost sharing formula of 88 percent <br />provided by the AUTHORITY and 12 percent provided by the CITY for the PROGRAM and <br />improvements within the CITY's jurisdiction; and <br />WHEREAS, the intent of the parties is that the PROJECT shall be implemented with the <br />least amount of disruption to vehicle and rail traffic; and <br />WHEREAS, CITY and AUTHORITY wish to enter this AGREEMENT to specify the <br />roles, responsibilities, terms and conditions under which the PROGRAM is to be financed, <br />designed, and constructed. <br />WHEREAS, CITY and AUTHORITY acknowledge that AUTHORITY's obligation is to <br />fund and oversee the PROJECT under this AGREEMENT and AUTHORITY'S obligations <br />Last Revision 10/16/08 Page 2 of 15 <br />25B-5 <br />