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EXHIBIT 5 <br /> Santa Ana 131vd. Grade Separation--City of Santa Ana SCRRA Project No: TBA <br /> Design Services Agreement <br /> SCRRA File No.:TBD <br /> Orange Subdivision <br /> MP 175.13 <br /> This Design Services Agreement ("AGREEMENT") is made and entered into as of the <br /> day of , 2026, by and between the SOUTHERN CALIFORNIA <br /> REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State <br /> of California (hereinafter referred to as "SCRRA"), to be addressed at 900 'Wilshire Blvd., Suite <br /> 1500, Los Angeles, CA 90017 and the CITY OF SANTA ANA, a California.charter law <br /> municipal corporation (hereinafter referred to as "CITY"), to be addressed at 20 Civic Center <br /> Plaza, Santa Ana, CA 92701. CITY and SCRRA may be referred to singly as "PARTY" and <br /> collectively as"PARTIES." <br /> RECITALS: <br /> SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities <br /> Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain, <br /> administer, and operate the "METROLINK" commuter train system on railroad rights-of-way <br /> owned by the member agencies and through other shared use and joint operation agreements. The <br /> five-county member agencies are comprised of the following: Los Angeles County Metropolitan <br /> Transportation Authority ("METRO"), Ventura County Transportation Commission ("VCTC"), <br /> Orange County Transportation Authority ("OCTA"), San Bernardino County Transportation <br /> Authority("SBCTA"), and Riverside County Transportation Commission("RCTC"). <br /> SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, <br /> communication systems, and appurtenances on the rail line known as the Orange Subdivision in <br /> the area proposed by CITY in the City of Santa Ana. SCRRA and the "Operating Railroads" [as <br /> used herein "Operating Railroads" means any passenger or freight-related railroad company(s) <br /> operating on SCRRA track(s), including the National Railroad Passenger Corporation <br /> (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and <br /> Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this location on <br /> right-of-way owned by OCTA,in accordance with the Shared Use Agreement dated December 20, <br /> 1990, and the Agreement between SCRRA, its Member Agencies, and the National Railroad <br /> Passenger Corporation(Amtrak) and known as the"Intercity Agreement'. <br /> _1- <br />