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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (5TH)1 2 J 4 QN- i F E 7 �J 8 R1 im 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 5 TO AGREEMENT NO. C -8 -1157 BETWEEN A- 2012 - 088 -02 ORANGE COUNTY TRANSPORTATION AUTHORITY l FOR CITY OF SANTA ANA FIXED - GUIDEWAY PROJECT THIS AMENDMENT NO. 5 is effective this day of , 2014, 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, as last changed by Amendment 4 dated May 1, 2013, 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: 1. Amend ARTICLE 6, IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10, as changed by Amendment 4, dated May 1, 2013, to 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 December 30, 2014, whichever Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 i 25 �1L 26 AMENDMENT NO. 5 AGREEMENT NO. C -8 -1157 is sooner. This Agreement may only be extended upon written mutual agreement by both parties." The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement No. C -8 -1157 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By By David Cavazos City Manager ATTEST: By: opt-& tt✓ Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: By: (4-" Sonia R. Carvalho City Attorney Dated: Meena Katakia Manager, Capital Projects APPROVED AS TO FORM: By ✓� Kennard R. Smart, Jr. General Counsel Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A- 2012 - 088 -02 AMENDMENT NO. 5 TO AGREEMENT NO. C -8 -1157 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR CITY OF SANTA ANA FIXED - GUIDEWAY PROJECT THIS AMENDMENT NO. 5 is effective this day of bocembcr , 2013, 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, as last changed by Amendment 4 dated May 1, 2013, 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: 1. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10, as changed by Amendment 4, dated May 1, 2013, to 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 December 30, 2014, whichever Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i 25 NU- 26 AMENDMENT NO. 5 AGREEMENT NO. C -8 -1157 is sooner. This Agreement may only be extended upon written mutual agreement by both parties." The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement No. C -8 -1157 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION By David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: By: { f, -L— Lo 0 0( Z Sonia R. Carvalho City Attorney Dated: `'Z-2 — 1 LI AUTHORITY By — Lqa Meena Katakia r ' Manager, Capital Projects APPROVED AS TO FORM: By Kennard R. Smart, Jr. General Counsel Page 2 of 2