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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (1ST)1 1NSUFA`JI;c NOT HE Q JSEI E x: pulFAY p R??}?i ?Er i)JF E? -lS-zoty KC AMENDMENT NO. 1 TO AGREEMENT NO. C-8-1157 BETWEEN m(?Op?l ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR CITY OF SANTA ANA FIXED-GUIDEWAY PROJECT THIS AMENDMENT NO. 1 is effective this -.r day of ?C'DT?w?BrZ2010, by and between the Orange County Transportation Authority ("AUTHORITY"), and the City of Santa Ana ("CITY") WITNESSETH: WHEREAS, by Agreement No. C-8-1157 dated September 9, 2008, AUTHORITY and CITY entered into a contract for CITY to construct and operate a fixed guideway system linking Santa Ana Regional Transportation Center to Harbor Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right-of-Way; and WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for an additional twelve (12) months in order to finalize the fixed guideway system at no increase to the AUTHORITY's maximum cumulative payment obligation; NOW, THEREFORE, it is mutually understood by AUTHORITY and CITY that Agreement No. C-8-1157 is hereby amended in the following particulars only: Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10, lines 7 through 11, delete paragraph A in its entirety, and in lieu thereof insert: A. This Agreement shall continue in full force and effect through acceptance of final Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed planning and conceptual engineering of PROJECT by AUTHORITY or 12 months from the effective date of this Agreement, whichever is sooner. This Agreement may only be extended upon written Page 1 of 2 V \Camm\CLER{CAL\WORDPROC\AGREEIAMEND\AM181157 Santa Ana Fixed Guideway.dw AMENDMENT NO. 1 AGREEMENT NO. C-8-1157 1 mutual agreement by both parties. 2 The balance of said Agreement remains unchanged. 3 This Amendment No. 1 shall be made effective September 9, 2010. 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement 5 No. C-8-1157 to be executed on the date first above written. 6 CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY 7 8 By ?-- By 9 David N. Ream Meena Katakia City Manager Manager, Capital Projects 10 11 12 ATTEST: Maria D. Huizar Clerk of the Council APPR ED AS TO FORM: By S;?? Kennard R. Smart, Jr. General Counsel 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APPROVED AS TO FORM: .1 By: Joseph W. Fletcher City Attorney Dated: Page 2 of 2 V:\Camm\CLERICAL\WORDPROC\AGREE\AMEND\AM181157 Santa Ana Fixed Guideway.doc