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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />Agreement in the area generally depicted as OC Streetcar System Property in Exhibit B, <br />Commuter Rail /Intercity Rail Station. The precise terms and conditions of the easement(s) shall <br />be as agreed upon by the Parties and set forth therein. Upon recordation of the easement(s), it <br />shall be attached to this Agreement and be incorporated herein as Exhibit E, entitled "OC <br />Streetcar System Property Easements ". To the extent that any terms and conditions of the <br />easement(s) are inconsistent with this Agreement, then the easement(s) shall control. <br />3.12 Assignment to Another Party. The Parties hereby acknowledge and agree that at some <br />future date, the CITY may, at its option, assign its rights, interest, duties, and obligations under <br />this Agreement to another Party as it relates to the Commuter/Interclty Rail Station, provided <br />that no such assignment shall be effective unless the CITY provides thirty (30) days prior written <br />notice to AUTHORITY. With respect to any such assignment of the CITY's obligations relating <br />to the OC Streetcar System Property, such assignment shall be subject to the assignment <br />provisions in Article 14, entitled, "Assignment", of Cooperative Agreement No, C-6 -1433 Use of <br />the City Right of Way by and between the Parties (ROW Agreement), and any amendments <br />thereto, which Article 14 is incorporated herein by reference. <br />ARTICLE 4. RESPONSIBILITIES OF AUTHORITY <br />4.01 Platform Lease. The AUTHORITY shall lease the Standard Platform to the CITY for one <br />dollar ($1.00) per year, This Agreement constitutes the lease agreement between the <br />AUTHORITY and the CITY. <br />4.02 Insurance. The OCTA /SCRRA shall, during the term of this Agreement, maintain <br />adequate liability insurance and in no event less than two million dollars ($2,000,000) per <br />occurrence and in the aggregate, for claims relating to bodily injury, death, property damage <br />and all automotive operations, which arise out of OCTA/SCRRA's obligations under this <br />Agreement. Such insurance may be in the form of a policy of commercial insurance, self - <br />insurance, joint powers insurance authority or combination thereof. The CITY, its officers, <br />employees and agents shall be named as an additional insured on the OCTA/SCRRA and <br />AUTHORITY policies. The requirement for insurance shall not limit or otherwise modify OCTA's <br />7of13 <br />25H -11 <br />