STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

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City of Santa Ana Master Agreement No. 64AO274 Page 11 of 26 accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or STATE. All terms and conditions stated in the aforesaid CTC Resolutions and CTC-approved Guidelines in place at the time the PROGRAM SUPPLEMENT is signed (if applicable) shall also be considered to be binding provisions of this AGREEMENT. (3) RECIPIENT shall conform to any and all permit and mitigation duties associated with PROJECT as well as all environmental obligations established in CTC Resolution G- 91-2 and/or its successors in place at the time a PROGRAM SUPPLEMENT is signed, as applicable, at the expense of RECIPIENT and/or the responsible party and without any further financial contributions or obligations on the part of STATE unless a separate PROGRAM SUPPLEMENT expressly provides funding for the specific purpose of hazardous materials remediation. (4) RECIPIENT acknowledges when the PROGRAM SUPPLEMENT is executed the RECIPIENT is to comply with all CTC resolutions as adopted or currently amended as well as the guidelines, and policies applicable to state funded programs (or projects) including, but not limited to, Prop 116, STIP, TCR, Proposition 1A, and the Road Repair and Accountability Act of 2017. E, RECIPIENT Resolution (1) RECIPIENT has executed this AGREEMENT pursuant to the authorizing RECIPIENT resolution, attached as Attachment II to this AGREEMENT, which empowers RECIPIENT to enter into this AGREEMENT and which may also empower RECIPIENT to enter into all subsequent PROGRAM SUPPLEMENTS adopting the provisions of this AGREEMENT. (2) If RECIPIENT or STATE determines that a separate Resolution is needed for each PROGRAM SUPPLEMENT, RECIPIENT will provide information as to who the authorized designee is to act on behalf of the RECIPIENT to bind RECIPIENT with regard to the terms and conditions of any said PROGRAM SUPPLEMENT or amendment and will provide a copy of that additional Resolution to STATE with the PROGRAM SUPPLEMENT or any amendment to that document. C. Termination (1) STATE reserves the right to terminate funding for any PROGRAM SUPPLEMENT upon written notice to RECIPIENT in the event that RECIPIENT fails to proceed with PROJECT work in accordance with the PROGRAM SUPPLEMENT, the bonding requirements, if applicable, or otherwise violates the conditions of this AGREEMENT and/or the PROGRAM SUPPLEMENT or the finding allocation such that substantial performance is significantly endangered. Revised December• 23,2020