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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (6TH)1 2 3 4 5 6 7 8 Aw 10 11 12 13 14 15 16 17 18 19 20 21 2.2 23 24 25 26 A- 2012 - 088 -03 AMENDMENT NO. 6 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.6 is effective this 2_1 W day of 06117911e 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 No. 5 dated December 31, 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, AUTHORITY and CITY have agreed that due to the limited potential routes available for transit improvements in downtown Santa Ana, and the determination that studies were required to develop information on environmental benefits and impacts to select a preferred alignment, a concurrent planning process will be used where the Alternatives Analysis and environmental process will be conducted simultaneously; 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 2. RESPONSIBILITIES OF AUTHORITY, page 3 of 10, to delete paragraph C in its entirety, and in lieu thereof insert: t Page t of 2 LAC amm\C L.ERICALW ORDPROMAGREE�A.MENDW M681157.doc A- 2012- 088 -03 AMENDMENT NO, 6 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.6 is effective this day of , by and beween 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 No. 5 dated December 31, 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, AUTHORITY and CITY have agreed that due to the limited potential routes available for transit improvements in downtown Santa Ana, and the determination that studies were required to develop information on environmental benefits and impacts to select a preferred alignment, a concurrent planning process will be used where the Alternatives Analysis and environmental process will be conducted simultaneously; 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 2. RESPONSIBILITIES OF AUTHORITY, page 3 of 14, to delete paragraph C in its entirety, and in lieu thereof insert: Page 1 0° 2 L .�Camm\ CLERICAL\ WOROPROCVAGREE \AMEND\AM681157.doc 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 "C. To approve each PROJECT MILESTONE. AMENDMENT NO. 6 AGREEMENT NO. C -8 -1157 Approval shall be subject to Action by AUTHORITY Board of Directors and is anticipated to require 30 -60 days. The CITY shall pursue PROJECT MILESTONES concurrently. Upon CITY's completion of the PROJECT, evaluate the PROJECT MILESTONES in anticipation of the CITY's request for advancement into Step Three of the Go Local Program." 2. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, page 6 of 10, to delete paragraph J in its entirety and in lieu thereof insert: "J. To submit PROJECT MILESTONES to AUTHORITY for approval." The balance of said Agreement remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 6 to Agreement No. C -8 -1157 to be executed on the date first above written. CITY OF SANTA ANA By �~ v David Cavazos City Manager ATTEST: Y Maria D. Huizar Clerk of the Council Dated: ,®`1y / Y ORANGE COUNTY TRANSPORTATION AUTHORITY By o Meena Katakia Manager, Capital Projects APPR /ED AS TO FORM: By Kennard R. Smart, Jr. ci General Counsel Page 2 of 2 ! L : \Camm\ CLERICAL\ WORDPROC \AGREE\AMENDWM681157.doc