ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF IRVINE

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MEMORANDUM OF UNDERSTANDING NO. C-3-2925 1 1. Flower Street and MacArthur Boulevard intersection—add eastbound right turn lane 2 2. Flower Street and Segerstrom Avenue intersection--add westbound right turn lane. 3 B. Widening the roadways are required at both intersections, as listed above. The 4 improvements are intended to bring the deficient intersections to an LOS that is at least equivalent to the s pre-amendment forecasted LOS of E or better. The improvement is not meant to be prescriptive. If an 6 alternative improvement, which meets the overall objective of achieving and/or maintaining the 7 pre-amendment to the MPAH ICU, is identified then that improvement shall be considered acceptable 8 and shall be implemented as a substituted solution if there is agreement amongst the CITIES. 9 C. The CITY of Santa Ana should include the mitigation improvements in their next future 10 CIP with an option to modify any future CIP, as needed. 11 D. The CITY of Santa Ana shall utilize funding provided by the City of Irvine to support 12 implementation of the mitigation improvements. 13 ARTICLE 7. DELEGATED AUTHORITY: 14 The actions required to be taken by the CITIES in the implementation of this MOU are delegated 15 to each CITY's City Manager, or designee. Required actions to be taken by the AUTHORITY in the 16 implementation of this MOU are delegated to AUTHORITY's Chief Executive Officer, or designee. 17 ARTICLE 8. INDEMNIFICATION: 18 A. Each PARTY shall indemnify, defend and hold harmless all other PARTIES, and their 19 respective officers, directors, employees and agents from and against any and all claims (including 24 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily 21 injuries, including death, worker's compensation subrogation claims, or damage to or loss of use of 22 property, arising from the negligent acts, omissions or willful misconduct by any PARTY, its officers, 23 directors, employees or agents in connection with or arising out of the performance of this MOU. 24 B. Indemnification and defense obligations of this MOU shall survive its expiration or 2s termination. 26 / 6