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A-1999- 187
AMENDMENT NO. 1 TO
DATE:
COOPERATIVE AGREEMENT NO. C-95-990
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 'L.~'l. ~-a
y of
tNSLI~ANC,r NOT RE(~UlR[D/WAtVE[
WORK MAY PROOEED
CLERK OF COUNCIL
., 1999, by
and between the Orange County Transportation Authority, a public corporation of the State of California
(hereinafter referred to as "AUTHORITY"), and City of Santa Ana, a municipal corporation (hereinafter
referred to as "AGENCY").
WITNESSETH:
WHEREAS, by Agreement No. C-95-990 dated August 18, 1995, AUTHORITY and AGENCY
entered into an Agreement which determined that AGENCY was eligible to receive funding under the
Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also the
Bicycle and Pedestrian Facilities Program; and
WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be
updated as required; and
WHEREAS, AUTHORITY wishes, and AGENCY has agreed, to include indemnification
provisions and disposal methods for excess right of way acquired with Measure M funding;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as
follows:
Amend Page 2 of 3, to add items 6 and 7:
"6. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers,
directors, employees and agents from and against any and all claims (including attorneys' fees
and reasonable expenses for litigation or settlement) for any causes of action or loss, damages,
bodily injuries, including death, damage to or loss of use of property caused by the negligent
;[ICAL\WORDPROC~AGREE~AMEND~M 15990.DOC
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-95-990
acts, omissions or willful misconduct by AGENCY, its officers, directors, employees, agents,
subconsultants or suppliers in connection with or arising out of the use of funds per project
purposes.
AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers,
directors, employees and agents from and against any negligent acts or willful misconduct in
regards to the allocation of CTFP and, also Bicycle and Pedestrian Facilities Program funds
determined and administered by AUTHORITY."
"7. AUTHORITY requires written notification at the time when right of way is
declared excess to the transportation improvement, and prior to the disposal process.
Resolution of any issues regarding whether or not a right of way is excess to the transportation
improvement will be by the mutual agreement of AUTHORITY and AGENCY. Excess land
acquired with CTFP funds shall be sold by AGENCY in accordance with Government Code,
Article 8, Surplus Land, Section 54220-54232, et.seq., and proceeds from the sale shall be
returned immediately to AUTHORITY."
ICAL\WORDPROC~AGREEVMVlEND~AM15990.DOC
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-95-990
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This Amendment shall be made effective upon execution by both parties and shall remain in
effect until both parties agree to amend or terminate it.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement
No. C-95-990 to be executed on the effective date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By
By
APPROVED AS TO FORM
Attest:
Corey Crea~y ...,.2
SectrO~i ~'~nager ~ment
A~ROV~D AS TO FORM:
City
ICAL\WORDPROC~AGREE~AMEND~AM15990.DOC
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