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A-2012-223 <br />LOCAL AGENCY - STATE AGREEMENT 4i:.3 ?? <br />For (J <br />'?-? <br />BICYCLE TRANSPORTATION ACCOUNT PROJECT <br />12 City of Santa Ana Agreement No. BTA 12/13-12-ORA-04 <br />District Local Agency <br />THIS AGREEMENT, made in duplicate entered into effect as of this I st day of July <br />2012, by and between the political entity identified above, a political subdivision of the <br />State of California, hereinafter referred to as "LOCAL AGENCY", and the State of <br />California, acting by and through the Department of Transportation, hereinafter referred <br />to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY". <br />WITNESSETH: <br />WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and <br />Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, <br />Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds <br />(herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the <br />Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and <br />hereafter referred to as "PROJECT"; and <br />Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL <br />AGENCY and STATE are required to enter into an agreement to establish terms and <br />conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a <br />designated PROJECT facility and to the subsequent operation and maintenance of that <br />completed facility. <br />NOW THEREFORE, the PARTIES agree as follows: <br />ARTICLE I - Project Administration <br />1. This AGREEMENT shall have no force or effect with respect to PROJECT unless <br />and until it has been fully executed by both STATE and LOCAL AGENCY, <br />2. EXHIBIT A designates the party responsible for implementing PROJECT, type of <br />work, and location of PROJECT. <br />3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety <br />(90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not <br />returned within the ninety (90) day period unless otherwise agreed by STATE in writing. <br />4. LOCAL AGENCY further agrees, as a condition to the release and payment of <br />STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply <br />with the terms and conditions of this AGREEMENT.