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FUNDING AND IMPLEMENTATION AGREEMENT BETWEEN <br />CITY OF SANTA ANA AND CITY OF IRVINE <br />REDHILL AVE. REHABILITATION PROJECT BETWEEN REYNOLDS AND DEERE <br />THIS Cooperative Agreement ("Agreement"), is made and entered into this day of <br />2009, by and between the CITY OF SANTA ANA, a California charter city ("Santa <br />Ana"), and the CITY OF IRVINE, a California charter city ("Irvine"). In this Agreement, Santa Ana <br />and Irvine may each be individually referred to as a "Party" and collectively referred to as the "Parties." <br />RECITALS: <br />WHEREAS, Irvine has initiated and is proceeding with the Red Hill Avenue Rehabilitation <br />Project between Reynolds Avenue and Deere Avenue ("Project"), which includes cold milling, removal <br />and replacment of Asphalt Concrete pavement, Asphalt Concrete and Asphalt Rubber Hot Mix <br />pavement surface course overlay, adjusting valve covers and manhole covers to grade, removal and <br />replacement of damaged concrete curb, gutter and sidewalk, modifying curb ramps, and other items not <br />mentioned here but are required by the plans and the Special Provisions; and <br />WHEREAS, the Project involves Santa Ana and Irvine because the common city boundary line <br />exists within the southbound lanes of Red Hill Avenue between Alton Parkway and Deere Avenue as <br />depicted on the Project plans; and <br />WHEREAS, Irvine has applied for funding under the federal American Recovery and <br />Reinvestment Act of 2009 ("ARRA") to undertake the Project; and <br />WHEREAS, some of the Project includes work within Santa Ana, which work is included in <br />Irvine's request for funding under ARRA; and <br />WHEREAS, if Irvine does not receive funding under ARRA then it will not construct the Project <br />and this Agreement will thereby be rendered null and void for all purposes; and <br />WHEREAS, Santa Ana agrees that, despite the ARRA funding, it will reimburse Irvine for <br />potential cost overruns associated with the actual construction within Santa Ana's City limits <br />("Improvements") of the Project ("Santa Ana's Reimbursement"), to the extent Santa Ana's <br />Reimbursement (a) does not exceed $125,000.00 in total; (b) are reasonably expended by Irvine for <br />improvements located within Santa Ana and on the cost items set forth in the cost estimate attached <br />hereto as Exhibit "A" which is incorporated herein by this reference as though fully set forth, or any <br />change order to Exhibit "A" subsequently approved in writing by Santa Ana; and (c) are incurred by <br />Irvine in Fiscal Year 2009-2010 or Fiscal Year 2010-2011; <br />25E-3 <br />