HomeMy WebLinkAboutROMAN CATHOLIC BISHOP OF ORANGE -2010•~ -~ A-2010-035
iJSURA~JCE NOT REQUIRED
WORK MAY PRQCEEC' REIMBURSEMENT AGREEMENT
CLERK OF ~:;OUNCI' BETWEEN CITY OF SANTA ANA AND
IlfiTF: 3 -tQ- (~j THE ROMAN CATHOLIC BISHOP OF ORANGE
~r FOR THE RAILROAD CROSSING
SIGNAL IMPROVEMENT PROJECT
(MILE POST 522.04)
~ THIS REIMBURSEMENT AGREEMENT ("Agreement"}, is made and entered into this
~ ~rday of r'u , 2010, by and between the CITY OF SANTA ANA, a California charter
4 city ("Santa Ana"), and the ROMAN CATHOLIC BISHOP OF ORANGE, a California
Corporation Sole ("RCBO"). In this Agreement, Santa Ana and RCBO may each be individually
~°d referred to as a "Party" and collectively referred to as the "Parties."
~ .~
o ~ RECITALS:
~;: 1. The RCBO is required to provide signal improvements at the existing at-grade Union
Pacific public road crossing at Raitt Street (hereinafter "said Project").
2. The City, on behalf of the RCBO, will enter into an agreement with the Union Pacific
Railroad Company to complete said Project.
3. The estimated cost of the railroad signal improvements is $60,333.
4. The RCBO has deposited with the City the sum of $59,602 (hereinafter "Deposit").
NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable
consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties
agree as follows:
RCBO OBLIGATIONS
A. RCBO will reimburse the City of Santa Ana for expenditures in excess of the
Deposit, necessary for completion of said Project.
B. Reimbursement payment by the RCBO of expenses in excess of the Deposit shall be
made within fifteen (15) days following receipt of written request of the City
evidencing City's obligation to pay such amount.
2. CITY OBLIGATIONS
A. City shall enter into an agreement with Union Pacific Railroad Company to complete
said Project.
B. City shall keep proper records of payments made to complete said Project.
f
~a
3. City and RCBO shall extend cooperation to each other and proceed under this Agreement
in good faith during all phases of said Project to facilitate timely completion and payment of said
Project.
4. The following staff members, or as otherwise designated in writing by the Parties, shall
be the selected representatives of each City to act on each respective City's behalf with respect to
this agreement. Any notices, requests, approvals, plan submittals or communications shall be
provided to each representative noted below:
City of Santa Ana: Roman Cathlic Bishop of Orange•
ATTN: Zdenek Kekula ATTN: Joe Novoa
Public Works Traffic Engineering Diocese of Orange
20 Civic Center Plaza, M-43 P.O. Box 14195
Santa Ana, Ca 92701 Orange, CA 92683-1595
Phone: (714) 647-5606 Phone: (714) 282-3000
E-Mail: zkekula ,santa-ana.org E-Mail: jnovoa@rcbo.org
5. This Agreement maybe amended at any time by the mutual consent of the Parties
by an instrument in writing signed by both Parties.
6. .In the event that any one or more of the phrases, sentences, clauses, paragraphs,
or sections contained in this Agreement shall be declared invalid or unenforceable by a
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which are hereby declared as severable and
shall be interpreted to carry out the intent of the Parties hereunder.
7. The persons executing this Agreement on behalf of the Parties hereto warrant that
they are duly authorized to execute this Agreement on behalf of said Parties and that by
so executing this Agreement the Parties hereto are formally bound to the provisions of
this Agreement.
8. This Agreement is to be governed by the laws of the State of California.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on the day and year first written above.
CITY OF SANTA ANA
~i
By:
David N Ream, City Manager
THE ROMAN CATHOLIC BISHOP OF
O
By: ~
The Ve Reverend Michael Heher, Attorney
in Fact
-2-
~ .,
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: ~_ B ~~
Joseph W. Fletcher Maria Rullo Schinderle
City Attorney General Counsel, RCBO
ATTEST:
By: GL-v``2- 'G~ r
Maria D. Huizar
Clerk of the Council, City of Santa Ana
RECOMMENDED FOR APPROVAL:
.-
.__-
Raul Godinez, E utive Director
City of Santa Ana ublic Works Agency
-3-