Laserfiche WebLink
City of Santa Ana <br />Master Agreement No, 64A0274 <br />Page 20 of26 <br />AGREEMENT funds are restricted, limited or otherwise conditioned by acts of <br />Congress, the Internal Revenue Service, the United States Department of <br />Transportation, the Legislature, or the CTC. <br />(6) RECIPIENT shall, for the purposes of any State bond funded right of way acquisition <br />which will become a permanent part of PROJECT (such acquisitions exclude <br />temporary construction easements, property allocated to matching funds, and excess <br />property purchased with State funds whose resale proceeds are returned or credited to <br />STATE), maintain ownership of such PROJECT property for a minimum of twenty <br />years or until the bonds have matured, whichever occurs first, before transferring or <br />selling such property (subject to all refunds or Credits due STATE as provided <br />hereinabove). <br />(7) Where RECIPIENT's PROJECT includes a commuter rail PROJECT within the <br />meaning of Proposition 116, RECIPIENT shall coordinate and share with other public <br />transit operators any rail rights -of -way, common maintenance services and station <br />facilities used for intercity and commuter rail. Intercity and commuter rail services <br />shall be coordinated with each other, with other providers and with freight traffic to <br />provide integrated rail passenger and freight services with minimal conflict. <br />(8) RECIPIENT agrees that all passenger vehicles, rail, and water borne ferry equipment, <br />and all facilities acquired or constructed with Proposition 116 bond funds shall be <br />accessible to persons with physical disabilities, including wheelchair users, at all stops, <br />stations and terminals, whether or not staffed. <br />(9) NUP shall, for accounting and bookkeeping purposes, first be allocated to funding <br />sources other than the State bond funds. For purposes of making such allocations, the <br />costs attributable to NUP involving a sale, easement, lease or similar arrangement shall <br />be determined on the basis of a fair allocation of value, which may include <br />determinations based upon square meters/feet of the area encumbered by the NUP lease <br />or easement relative to the total area acquired or constructed if all such area is of <br />approximately equal value, <br />(10) NUP will include, but is not limited to, property which is sold (including sales of air <br />and subsurface rights), and property subject to easements, leases or similar rights. A <br />rail right of way will not be treated as NUP solely as a result of a Freight Use Easement <br />retained by the seller of the right of way to RECIPIENT, provided that the sales <br />agreement appropriately excludes the Freight Use Easement from the property or rights <br />being acquired. Further, notwithstanding anything in this Article III to the contrary, <br />RECIPIENT may allocate grant funds to the cost of any NUP if (a) neither <br />RECIPIENT nor any other governmental entity will receive, directly or indirectly, any <br />payments from or on behalf of the non -governmental user of the NUP, or (b) the <br />payment from such user does not exceed the operation and maintenance costs fairly <br />attributable or allocable to the non -governmental use of the NUP. <br />(11) RECIPIENT shall request, in writing, STATE's advance approval if PROJECT funds <br />are to be allocated to any NUP except "incidental use" property described below. If <br />Revised December 23,2020 <br />