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Agreement .Nc~.D09-032 <br />PROPOSITION 42 <br />CITY AID PROGRAM FUNDING AGREEMENT <br />'T'his CI'1"Y A1D PROGRAM FUNDING AGREEMENT, Agreement No. D09-0~2 <br />("Agreement") is made and entered into this day of , 2009, by and between <br />County aI' Orange, California, a political subdivision of the State of California ("County''), and <br />City of Santa Ana, a municipal corporation in the State of California (`'City"j. The County and <br />City shall sometimes be referred to separately as a "Party'' and collectively as the "Parties." <br />RF.,CI"PALS <br />A. WHI/REAS, Orange County cities have streets in need of routine roadway <br />maintenance, minor roadway widening (non-capacity enhancing.) and storm damage <br />improvements, but have limited funds to address these needs. <br />B. WHEREAS, pursuant to Streets and Highways Code Section 1686, the California <br />State Legislature has determined. that the improvement and maintenance of all city streets is of <br />general county interest. County believes that it is of general interest to the county and all the <br />cities within the county to extend financial aid to the cities for the general improvement and <br />maintenance of city streets in that the improvement of transportation congestion is of benefit to <br />all Orange County residents. <br />C. WHEREAS, County desires to assist Orange County cities with the improvement <br />and maintenance of city streets, and to help improve regional transportation needs within the <br />county. County receives Proposition 42 ("Prop. 42'') allocations from the State's Transportation <br />Investment Fund ("TIF") for the purposes of street and highway maintenance, rehabilitation, <br />reconstruction and storm damage repair. <br />D. WHEREAS, With authorization from the State, County has established its Prop. <br />42 City Aid Program ("CAP"). County will allocate a portion of County's Prop. 42 funds to <br />participating cities for the purposes of routine roadway maintenance, minor roadway widening <br />(non-capacity enhancing) and storm damage improvements within the cities ("CAP Funds"). <br />City's expenditure of CAP Funds is to be in accordance with California Constitution Article XIX <br />B Section 1 and Revenue and Taxation Code Section 7104, and all other applicable State rules, <br />regulations and guidelines ("Prop. 42 Requirements"). <br />E. WHEREAS, City ovtims and operates streets in need of routine roadway <br />maintenance, minor roadway widening (non capacity enhancing) and storm. damage <br />improvements, and acknowledges that it has limited funds by which to address these needs. <br />Therefore, City is in support of receiving CAP Funds. <br />NOW, THEREFORE, in consideration. of the foregoing recitals of fact, the mutual covenants and <br />conditions contained herein and other consideration, the value and adequacy of which are hereby <br />acknowledged, the Parties agree as follows: <br />Page 1 of 6 <br />25C-3 <br />