HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (7)1
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JAN 14 2019
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AMENDMENT NO.3 TO
COOPERATIVE AGREEMENT NO. C-5-3583
BETWEEN
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ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
THE DESIGN PHASE OF THE OC STREETCAR PROJECT
THIS AMENDMENT NO. 3 is effective this day of
om
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".
WITNESSETH:
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-5-3583, dated
August 1, 2015 (the "Agreement), as last changed by Amendment No. 2 dated August 15, 2018 for
support of the design phase of the OC Streetcar, and
WHEREAS, the AUTHORITY and CITY 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 AUTHORITY and CITY are jointly delivering the OC Streetcar project including
jointly acquiring property rights needed to construct the Maintenance and Storage Facility site; and
WHEREAS, AUTHORITY and CITY are in the process of acquiring three privately owned
parcels required for the design and construction of the Maintenance and Storage Facility site. The
design of the Maintenance and Storage Facility site shall also require the need for a portion of two
separate parcels located within the Pacific Electric Right of Way currently owned by AUTHORITY; and
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L:tCommiCLERICAL1WGRDPROCWGREEWMENDW M353583.docc
AMENDMENT NO.3 TO
AGREEMENT NO. C-53583
1 WHEREAS, AUTHORITY and the CITY mutually agree to modify Exhibit B "Project Scope" to
2 include additional language to address design and construction permits to be issued prior to completion
3 of the required lot consolidation process; and
4 WHEREAS, AUTHORITY and the CITY mutually agree to include added indemnification
5 language limited to permits issued prior to completion of the lot consolidation process; and
6 WHEREAS, the CITY's City Council approved this Amendment No. 3 on
7 and
8 NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY
9 that the Agreement is hereby amended in the following particulars only:
10 1. Amend Exhibit B, "Project Scope" to incorporate Exhibit B, "Project Scope, Amendment
11 No. 3", which is attached hereto and by this reference, made part of the Agreement.
12 1 2. The AUTHORITY's indemnification obligation appearing in Section 9.13. of the
13 original Agreement No. C-5-3583 shall be extended to include any and all liabilities, actions, suits,
14 claims, demands, losses, costs, judgements, arbitration awards, settlements, damages, demands,
15 orders, penalties and expenses including legal costs and attorney fees incurred by the CITY in
16 connection with or arising from CITY's issuance of any design, construction, grading, or building permit
17 hereunder, prior to completion of the lot consolidation process.
18 /
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L:\Camm\CLERICAL\WORDPROCW GREEIAMENDW M353583.docx
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AMENDMENT NO.3 TO
AGREEMENT NO. C-5-3583
The balance of said Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to Agreement
No. C-5-3583 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION
AUTHORITY
By:'Q
Raul Godinez II
City Manager
APPROVAL AS TO FORM:
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Sweiss, PE, PLS
a Director
'orks Agency
By:
Meena Katakia
Manager, Capital Projects
Maria D. Huizar
...,..
City Clerk
Dated: , h
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L:1Camm\CLERICAL\W ORDPROCWGREEW MENDW M353583.dooc
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icecuted Copy 4o COT
tM-30/7111
AMENDMENT NO.3 TO
COOPERATIVE AGREEMENT NO. C-5-3583
PROJECT SCOPE
EXHIBIT B
PROJECT SCOPE
Modify as follows:
1. ADD THIRD PARAGRAPH TO PARAGRAPH 10.2 PERMITS, AS FOLLOWS:
10.2 PERMITS
By executing this Agreement, the CITY agrees to use its best efforts to facilitate all
necessary authority, permission, and permits to enable the AUTHORITY to construct the Project
as set forth herein. The CITY and the AUTHORITY acknowledge that the intent of this
Agreement is to incorporate the majority of the CITY's requirements with respect to the permit
the AUTHORITY must obtain to construct the Project. However, before the AUTHORITY begins
construction, the AUTHORITY shall apply for and the CITY agrees to not unreasonably withhold
such permit(s).
The AUTHORITY, and/or its Construction Contractor(s), shall not be charged for the CITY's
fixed cost permit issuance fees for building and street work permits deemed necessary for the
Project.
AUTHORITY and CITY desire to move forward with the project's construction activities
without delay. The CITY agrees to issue all design and construction permits required for the
Maintenance and Storage Facility site prior to completion of the lot consolidation process.
AUTHORITY will be required to consolidate the five separate parcels in compliance with all CITY
requirements, however CITY agrees the consolidation process shall not be completed until
AUTHORITY obtains fee title of the three privately owned parcels. Once the fee titles for the
Maintenance and Storage Facility properties are transferred to AUTHORITY, the AUTHORITY
will finalize the lot consolidation process in accordance with CITY requirements. The CITY will
issue the grading and building permits to meet construction schedule milestones and related
activities.
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