HomeMy WebLinkAboutA-2005-205-01
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A-2005-205-01
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AMENDMENT NO.1 TO
COOPERATIVE AGREEMENT NO. C-5-2592
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COSTA MESA
AND
CITY OF SANTA ANA
THIS AMENDMENT NO.1 is made and entered into this /qr~ay of ),a;e./ L
2006, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box
14184, Orange California 92863-1584, a public corporation of the State of California (hereinafter
referred to as "AUTHORITY") and the City of Costa Mesa (hereinafter referred to as "COSTA MESA")
and the City of Santa Ana, (hereinafter referred to as "SANTA ANA").
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RECITALS:
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WHEREAS, by Agreement No. C-5-2592, dated October 14, 2005, AUTHORITY, COSTA
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MESA, and SANTA ANA, in cooperation with the California Department of Transportation (hereinafter
referred to as "CAL TRANS"), pursuant to Streets and Highways Code Sections 114 and 130, mutually
agreed to cooperate in the development of improvements to Interstate 405 and State Route 55
consisting of adding a High-Occupancy Vehicle (HOV) direct connector from the southbound State
Route 55 to northbound Interstate 405, and the reverse movement (referred to herein as
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"TRANSITWA Y PROJECT" or "MOS-3"); and
WHEREAS, AUTHORITY at the request of COSTA MESA included constructing a series of
local access improvements, (hereinafter referred to as "CITY OF COSTA MESA IMPROVEMENTS" or
"MOS-2"), along Interstate 405 in the same area of the MOS-3. The MOS-2 improvements include 1)
an off ramp braid at Bristol Street, 2) a new off ramp at Avenue of the Arts and 3) a new on ramp at
Anton Avenue; and
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AMENDMENT NO.1 TO
AGREEMENT NO. C-5-2592
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WHEREAS, on February 28, 1994, COSTA MESA and AUTHORITY entered into Agreement
No. C-93-626, combining the MOS-2 and MOS-3 into a single project (hereinafter referred to as
"MOS-2 and 3 PROJECT"). The construction of the MOS-2 and 3 PROJECT provided minimal
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landscaping and COSTA MESA and SANTA ANA along with effected businesses have expressed
serious concern with regards to the appearance of the 1-405/Bristol Street and SR-55/MacArthur
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Boulevard interchanges;
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WHEREAS, AUTHORITY, COSTA MESA and SANTA ANA have agreed to extend the term of
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this Agreement through December 31, 2008 to allow for ..dditional time to complete the landscaping
project and undergo a not-to-exceed twelve month plant establishment period for the new landscaping
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work, as part of the project's original plans and specifications, with no increase to the maximum
payment obligation; and
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NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, COSTA MESA,
and SANTA ANA that Agreement C-5-2592 is hereby amended in the following particulars only;
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1.
Amend ARTICLE 8. TERM OF THE AGREEMENT, to delete paragraph in its entirety,
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and, in lieu thereof, insert the following:
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"This Agreement shall commence upon execution of this Agreement by all parties and shall
continue in full force and effect through December 31, 2008 unless terminated earlier due to either the
completion of the landscaping project per project's original plans and specifications and/or a not-to-
exceed twelve month plant establishment period for the new landscaping work, whichever is completed
earlier. This Agreement may also be extended by the written mutual agreement by all parties."
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AMENDMENT NO.1 TO
AGREEMENT NO. C-5-2592
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The balance of Agreement No. C-5-2592 remains unchanged.
This Amendment NO.1 shall be made effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment NO.1 to Agreement
C-5-2592 to be executed on the date first written above.
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:TY<<Jl/~
Allan R. Mansoor
Mayor, City of Costa Mesa
ATTEST:
APPROVED AS TO FORM:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
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Virginia Abadessa, Manager
Contract Administration and Materials Management
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By: ~~J
Clerk ofthe Council
Kennard R. Smart, Jr
General Counsel
By:
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APPROVED AS TO FORM:
By.~~~
Imberly all Barlow
City Attomey
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AMENDMENT NO.1 TO
AGREEMENT NO. C-5-2592
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CITY OF SANTA ANA
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B~~~
--w City Manager
ATTEST:
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Patricia E. Healy
Clerk of the Council
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APPROVED AS TO FORM:
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Joseph W. Fletcher
City Attorney
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By:
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