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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (2)1! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 :� AIL 1 7018 Return ORIGINAL Executed COPY to COTC (M -30M 1) AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO. C-5-3583 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR A-2018-174 THE DESIGN PHASE OF THE OC STREETCAR PROJECT THIS AMENDMENT NO. 2 is effective this I54�3- day of Auevs'r 2018, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public entity of the State of California (hereinafter referred to as "AUTHORITY"), and the City of Santa Ana, a charter city and a municipal corporation (hereinafter referred to as "CITY"), each individually known as "Party" and collectively referred to as "Parties". WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-5-3583, dated August 1, 2015 (the "Agreement"), as last changed by Amendment No. 1 dated April 11, 2017, for support of the design phase of the OC Streetcar; and WHEREAS, the Agreement provided for the CITY's sale and/or grant of certain CITY -owned property interests to the AUTHORITY for the construction, operation, and maintenance of the traction power substation and related equipment necessary for the OC Streetcar; and WHEREAS, the Parties agree that the AUTHORITY will provide the necessary funds to acquire the specified properties necessary for construction and operation of OC Streetcar; and WHEREAS, the Parties agree to amend Exhibit B, "Project Scope', Section 10.3 — City Property, for revised locations of the traction power substations for construction and operation of the OC Streetcar; and 26 11 WHEREAS, the CITY's City Council approved this Amendment No. 2 onA0 P.M 9 . Page 1 of 3 L:\Camm\CLERICAL\WORDPROC\AGREE\AMEND\AM263583.docx AMENDMENT NO. 2 TO AGREEMENT NO. C-5-3583 1 NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY 2 that the Agreement is hereby amended in the following particulars only: 3 1. Amend Exhibit B, "Project Scope" to delete Section 10.3, "City Property" in its entirety 4 and replace with the following: 5 10.3 CITY PROPERTY 6 The CITY agrees to sell to the AUTHORITY the CITY property, at the appraised value, 7 necessary for the AUTHORITY to construct, operate, and maintain a traction power substation and 8 related equipment necessary for the OC Streetcar at the following location: 9 (2) easements — City Hall Parking Structure (Traction Power Substation and 10 Public Utility Easement) (Appraise/Sell) 11 The CITY agrees to grant to the AUTHORITY an easement to use CITY property for streetcar 12 purposes, including the right to construct, operate, and maintain traction power substations and related 13 equipment necessary for the OC Streetcar at the following (2) locations: 14 • (1) easement — Santa Ana Regional Transportation Center (Platform and 15 Traction Power Substation and Guideway) (Grant) 16 • (1) easement — Abandoned 0 Street adjacent to Sasscer Park (Easement for 17 construction, maintenance, and operation) (Grant) 18 The CITY and AUTHORITY agree to execute a separate Purchase and Sales Agreement 19 (P&SA) which shall describe the terms and conditions for the sale of the City Hall Parking Structure 20 easements (Traction Power Substation and Public Utility Easement) and the granting of the Santa Ana 21 Regional Transportation Center easement (Platform and Traction Power Substation and Guideway) and 22 the Sasscer Park easement (Easement for construction, maintenance, and operation) to the 23 AUTHORITY. The AUTHORITY agrees to minimize the amount of property purchased or used while 24 providing for construction, operations, and maintenance activities. The AUTHORITY and the CITY shall 25 work collaboratively to ensure the traction power substation sites are not obtrusive to surrounding uses 26 Page 2 of 3 L:\Camm\CLERICAL\WORDPROCIAGREE\AMEND\AM253583.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 in 19 20 21 22 23 24 25 AMENDMENT NO. 2 TO AGREEMENT NO. C-5-3583 through the Station and Urban Design effort identified in Exhibit B, "Project Scope" Section 5.9.1. of original Agreement No. C-5-3583." The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-5-3583 to be executed on the date first above written. CITY OF SANTA ANA By. Raul Godinez IIF 2/ City Manager APPROVAL AS TO FORM: By:• S66 Carvalho City Attorney I_1i9=61 a By: Maria D. Huizar City Clerk Dated: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency ORANGE COUNTY TRANSPORTATION AUTHORITY By: - V- ror Meena Katakia Manager, Capital Projects APPROVAL AS TO FORM: 0 M. Ddnicl- d Counsel Return ORIGINAL Executed Copy to COTC (M -30/T11) Page 3of3 L:\Camm\CLERICAL\WORDPROC\AGREE\AMEND\AM253583.doex