HomeMy WebLinkAbout25H - AGMT - OCTA AT SARTCREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 18, 2017
TITLE:
APPROVE AMENDED AND RESTATED
SARTC STATION COOPERATIVE
AGREEMENT WITH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY
(NON- GENERAL FUND)
(STRATEGIC PLAN NOS. 3,2C, 4B; 6, 1G)
® CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an amendment to the SARTC
Station Cooperative Agreement with the Orange County Transportation Authority to incorporate
provisions for the OC Streetcar, subject to nonsubstantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On October 17, 1994, the City of Santa Ana and the Orange County Transportation Authority
(OCTA) entered into an agreement (Station Agreement) related to the design, construction,
maintenance, and security for improvements to the existing Commuter /Intercity Rail Station
located in Santa Ana, known as the Santa Ana Regional Transportation Center ( SARTC). Since
the cooperative agreement was executed, additional improvements have been made to the
SARTC commuter /intercity rail station, including but not limited to a parking structure, pedestrian
bridge, and an additional station platform.
With the identification of SARTC as the terminus station of the OC Streetcar project (Project),
which provides an important connection between the Metrolink and Amtrak services and the
cities of Santa Ana and Garden Grove, a series of improvements are required to accommodate
the Project. These improvements include tracks, a station platform, ticket vending machines,
lighting, and the overhead contact system. The improvements will also include a traction power
substation at SARTC that was originally proposed at West Garfield Street and Santa Ana
Boulevard.
Given the above modifications that have occurred since the agreement execution, an amended
and restated Agreement is appropriate to:
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Amendment & Restatement to SARTC Station Cooperative Agreement
April 18, 2017
Page 2
• Restate the provisions for the maintenance and security of the SARTC
Commuter /Intercity Rail Station as it relates to service including the improvements made
since the execution of the original agreement;
• Set forth additional provisions for the use of SARTC for the design, construction,
operations, and maintenance (O &M) of the Project.
Amending and restating the Agreement addresses all O &M responsibilities for the SARTC
commuter /intercity rail station and the Project's elements at SARTC.
Consensus has been reached between OCTA and the City on the specific terms and conditions
of the amended and restated Agreement, and the following provides a summary of the key
provisions:
• OCTA is responsible for the O &M of specific commuter rail /intercity rail facilities including,
but not limited to, the tracks, signage, ticket vending machines, and other facilities.
• OCTA is responsible for the O &M of all the Project's facilities, including tracks, a station
platform, an overhead contact system, bumping posts, a traction power substation, and
other streetcar supporting infrastructure within proposed easement areas yet to be
negotiated.
• The City is responsible for the O &M of all other facilities at SARTC, not specifically
defined as an OCTA responsibility.
• The City and all third parties must secure a permit from OCTA when working within
controlled work access limits around the streetcar facilities, generally 10 feet from the
overhead contact system (poles, span wires, and contact wire) and within 4 feet of any
rail.
• The City and all third parties must secure a permit from the Southern California Regional
Rail Authority when working within the OCTA Right -of -Way (ROW).
Staff will return to the Council for approval of any additional required agreements with the OCTA,
including an operations and maintenance agreement.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet the following Strategic Plan Goals:
1. Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job
growth and encourage private development through new General Plan and Zoning
Ordinance policies), Strategy C (support business development and job growth along transit
corridors through the completion of critical transit plans /projects including: The Fixed
Guideway Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets
and General Plan Circulation Element update).
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Amendment & Restatement to SARTC Station Cooperative Agreement
April 18, 2017
Page 3
2. Goal #3 - Economic Development, Objective #4 (continue to pursue objectives that shape
downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment
destination), Strategy B (create a comprehensive program to manage parking that includes
innovative strategies to provide parking, create revenue and enhance accessibility in the
downtown).
3. Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a
Community Investment Plan for all City assets), Strategy G (develop and implement the
City's Capital Improvement Program in coordination with the Community Investment and
Deferred Maintenance Plans; e.g., transit vision, street car, fixed guideway project, SARTC
master plan, Bristol Street widening, neighborhood streets, traffic improvements, park
facilities, sport fields, soccer fields, senior centers, bike master plan, etc.).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
/ J A
F4 Mousavipour
Executive Director
Public Works Agency
FM /EWG /JG
Exhibit: 1. Amended & Restated SARTC Station Cooperative Agreement
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AMENDED AND RESTATED COOPERATIVE AGREEMENT No. C- 94.859
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SANTA ANA
FOR
THE SANTA ANA REGIONAL TRANSPORTATION CENTER AND THE OC STREETCAR
THIS AMENDED AND RESTATED AGREEMENT (hereinafter the "Agreement ") is
made and entered into this __ day of 2017 by and between the Orange
County Transportation Authority, a public entity, 550 South Main Street, P.O. Box 14184,
Orange, California, 92613 -1584 (hereinafter referred to as "AUTHORITY ") and the City of Santa
Ana, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, 92702, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter referred to as the "CITY "). AUTHORITY and CITY may be mutually
referred to as "Parties ", or individually as "Party ".
RECITALS
WHEREAS, the Parties entered into Cooperative Agreement No. C -94 -859 dated
October 17, 1994 (1994 Agreement) which set forth the Parties' agreement relating to the
design, construction, maintenance, and security for improvements to the existing
Commuterllntercity Rail Station (SARTC) located in Santa Ana; and
WHEREAS, the Parties desire to amend and restate the 1994 Agreement with this
Agreement and that upon the effective date of this Agreement, the 1994 Agreement will be
replaced in its entirety with this Agreement; and
WHEREAS, the Parties agree to hereby adopt the roles, responsibilities and
understandings previously established by Agreement No. A- 2004 -136, entitled "Agreement
Between the City of Santa Ana and the Southern California Regional Rail Authority for
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EXHIBIT 1
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Construction and Maintenance of Station Platform and Pedestrian Bridge ", dated July 6, 2004;
and
WHEREAS, the Santa Ana /Garden Grove Streetcar Locally Preferred Alternative was
identified by the CITY's City Council at its public meeting on August 5, 2014; and
WHEREAS, the Parties entered into a Memorandum of Understanding C -5 -3295 dated
August 31, 2015 for the design, construction, operations, and maintenance of the "OC Streetcar
System" (MOU); and
WHEREAS, the CITY will be granting AUTHORITY easements at SARTC which will
permit AUTHORITY to use a portion of SARTC for the construction, operation and maintenance
of the OC Streetcar System; and
WHEREAS, the Parties have entered into or will be entering into various cooperative
agreements for the design, construction, use of CITY right of way, and operation and
maintenance of the OC Streetcar System; and
WHEREAS, the AUTHORITY's Board of Directors authorized its Chief Executive Officer
to execute this Agreement on day of , 2017; and
WHEREAS, the CITY's City Council approved this Agreement on day of
, 2017.
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY AND CITY
as follows:
ARTICLE 1. DEFINITIONS
As used in this Agreement, the following terms, phrases, words and their derivations,
shall have meanings set forth herein. Words used in the present tense include the future tense.
Words used in the singular shall include the plural, and the plural words shall include the
singular. Words not specifically defined shall be given their common and ordinary meaning.
a. "Communication Shelter" refers to the communication shelter owned and
operated by OCTA/SCRRA Identified as Operating Property within Exhibit A, attached hereto
and incorporated herein by this reference.
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b. "Commuter /Intercity Rail Station" refers to the commuter /intercity rail passenger
terminal which includes Operating Property, Non- Operating Property, and the OC Streetcar
System and is as depicted in Exhibit B, attached hereto and incorporated herein by this
reference.
C. "Non- Operating Property" refers to all property not listed as Operating Property or
OC Streetcar System Property including but not limited to the items listed in Exhibit C, attached
hereto and incorporated herein by this reference.
d. "OC Streetcar System" refers to the OC Streetcar passenger transportation
system to be owned, operated, and maintained by the AUTHORITY including all streetcar
tracks, stations, streetcar vehicles, conduits, electric lines, traction power poles, traction power
substations, cross -span wires, streetcar signal equipment, and other functionally related and
appurtenant equipment and facilities. The OC Streetcar System elements are contained within
the OC Streetcar System Property.
e. "OC Streetcar System Property" shall refer to the property described in Exhibit
"F ", which property will be located upon an exclusive easement that CITY will provide
AUTHORITY in connection with AUTHORITY's construction, operation and maintenance of the
OC Streetcar System, which easement area is generally depicted as OC Streetcar System
Property in Exhibit B, Commuter /Intercity Rail Station.
f. "OCTA/SCRRA" refers to the provision of certain elements contained in this
Agreement through the AUTHORITY's relationship with the Southern California Regional Rail
Authority (SCRRA), a joint powers agency of which AUTHORITY is a member.
g. "OCTA /SCRRA Right of Way" means the railroad right of way owned by the
AUTHORITY for operating commuter rail service where the Commuter /Intercity Rail Station
provides the public access to such commuter service.
h. "Operating Property" refers to that property essential to OCTA/SCRRA railroad
operations, including but not limited to the items listed in Exhibit A.
i. "Platform Fixtures" refers to the fixtures attached to the Standard Platform,
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including but not limited to lighting fixtures, trash cans, benches, bench shelters, and signs
which are categorized as Non - Operating Property.
j. "Standard Platform" refers to the station platform(s) at the Commuter /Intercity
Rail Station supporting the commuter /intercity rail service in the OCTA/SCRRA Right of Way.
The Standard Platforms are categorized as Non - Operating Property.
k. "Ticket Vending Machines" are the ticket vending machines owned and operated
by OCTA/SCRRA located at the Commuter /Intercity Rail Station and Include any ticket vending
machine support facilities. Ticket Vending Machines and ticket vending support facilities are
categorized as Operating Property.
ARTICLE 2. PURPOSE OF COOPERATIVE AGREEMENT
The purpose of this Agreement is (1) to set forth provisions for the maintenance and
security for the Commuter /Intercity Rail Station as it relates to the provision of
commuter /intercity rail service; and (2) to set forth provisions for the AUTHORITY's use of
SARTC for the design, construction, operations, and maintenance of the OC Streetcar System;
and (3) to reflect improvements that have been made to SARTC since the 1994 Agreement and
the Parties relative obligations relating thereto.
ARTICLE 3. RESPONSIBILITIES OF THE CITY
3.01 Commuter /Intercity Rail Station Construction. The City shall be the lead agency for the
construction of future Commuter /Intercity Rail Station improvements with the exception of
improvements within the OC Streetcar System Property. Any future construction affecting
Operating Property shall be coordinated with the AUTHORITY prior to construction.
3.02 Planning Zoning and Permits. The CITY shall obtain and comply with any and all
approvals, permits, licenses and authorizations required by applicable law to enable it to fulfill its
responsibilities as set forth in this Section 3 and shall comply with all federal, state and local
laws, regulations, rules and ordinances. Moreover, the CITY agrees to act as the lead agency
on all planning, zoning and permit activities as required by California law, unless specified to the
contrary in paragraph 3.04 OCTA /SCRRA Right of Entry. The CITY will apply for and secure, at
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the sole expense of the CITY, all permits required for the operation of the Commuter /Intercity
Rail Station.
3.03 Maintenance and Repair. The CITY agrees, at no cost to the AUTHORITY, to maintain
and repair the Non - Operating Property that is described in Exhibit C as well as that portion of
OC Streetcar System Property that is described in Exhibit C, in good condition and order, and
free from refuse, for the benefit of the public and the persons using the Commuter /Intercity Rail
Station for so long as the AUTHORITY shall serve commuter /intercity rail passengers at the
Commuter /Intercity Rail Station pursuant to this Agreement.
3.04 OCTA/SCRRA Right of Way Right of Entry. CITY shall, and shall require its contractors,
to notify and receive prior permission from the SCRRA In advance of any work to be performed
on the SCRRA /OCTA Right of Way. Additionally, the CITY and its contractors shall comply with
all SCRRA safety requirements and obtain appropriate SCRRA Right of Entry documents.
3.05 OC Streetcar System Property Right of Entry. All work activities, either those of the
CITY or third parties, within the controlled work access zone limits depicted and described in
Exhibit D, Streetcar Controlled Work Access, require a permit issued by the AUTHORITY prior
to work commencing. The CITY shall not issue any permits to any third parties to work in the
Streetcar Controlled Work Access area, within the controlled work access zone without prior
evidence of a current AUTHORITY access permit.
3.06 Insurance. The CITY shall, during the term of this Agreement, maintain adequate liability
insurance and in no event less than two million dollars ($2,000,000) per occurrence and in the
aggregate, for claims relating to bodily injury, death, property damage and all automotive
operations, which arise out of CITY's obligations under this Agreement. Such insurance may be
in the form of a policy of commercial insurance, self- insurance, joint powers insurance authority
or combination thereof. The AUTHORITY, its officers, agents and employees shall be named as
an additional insureds on the CITY's policies. The requirement for insurance shall not limit or
otherwise modify the CITY's defense and indemnity obligations as set forth in Section 3.07
hereof.
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3.07 Indemnity. Neither the AUTHORITY nor the SCRRA nor any officers, employees or
agents thereof shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by the CITY in connection with the CITY's responsibilities under this
Agreement. The CITY shall be responsible for handling and processing any and all claims
relating to the CITY's responsibilities under this Agreement. It is also understood and agreed
that, pursuant to Government Code Section 895.4, the CITY shall fully indemnify, defend and
hold the AUTHORITY and /or SCRRA harmless from any liability imposed for injury (as defined
by Government Code Section 810.8), occurring by reason of anything done or omitted to be
done by the CITY in connection with the CITY's responsibilities under this Agreement.
3.08 Station Security. The CITY shall arrange for and fund the provision of security for the
Non - Operating Property. CITY standards shall be used to determine the level of security to be
provided for the Non- Operating Property.
3.09 Commuter /Intercity Rail Parkinq, The CITY will perform all the appropriate planning,
zoning, and permit activities necessary to ensure sufficient station parking is reserved for rail
commuters. The CITY shall make good faith efforts to provide a minimum of three hundred
(300) spaces for commuter rail parking at SARTC. Should OCTA establish through a parking
study that passenger rail parking utilization has reached 85% capacity for a period of six (6)
months, the CITY shall make good faith efforts to provide a minimum number of spaces for
commuter rail parking as determined in the study up to a maximum of five hundred (500)
spaces. In the event that an increase in parking is required, OCTA shall provide all parking
control equipment necessary to control access.
3.10 Sublease. The CITY may sublease or grant privileges or concessions at SARTC;
excepting therefrom the Standard Platform and the OC Streetcar System Property. The CITY
may sublease or grant privileges or concessions on the Standard Platform or the OC Streetcar
System Property as mutually agreed, in writing, between the AUTHORITY and the CITY.
3.11 Grant of Easement. The CITY shall, at no cost, grant to AUTHORITY an exclusive
easement(s) for use of the OC Streetcar System Property for those purposes set forth in this
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Agreement in the area generally depicted as OC Streetcar System Property in Exhibit B,
Commuter Rail /Intercity Rail Station. The precise terms and conditions of the easement(s) shall
be as agreed upon by the Parties and set forth therein. Upon recordation of the easement(s), it
shall be attached to this Agreement and be incorporated herein as Exhibit E, entitled "OC
Streetcar System Property Easements ". To the extent that any terms and conditions of the
easement(s) are inconsistent with this Agreement, then the easement(s) shall control.
3.12 Assignment to Another Party. The Parties hereby acknowledge and agree that at some
future date, the CITY may, at its option, assign its rights, interest, duties, and obligations under
this Agreement to another Party as it relates to the Commuter/Interclty Rail Station, provided
that no such assignment shall be effective unless the CITY provides thirty (30) days prior written
notice to AUTHORITY. With respect to any such assignment of the CITY's obligations relating
to the OC Streetcar System Property, such assignment shall be subject to the assignment
provisions in Article 14, entitled, "Assignment", of Cooperative Agreement No, C-6 -1433 Use of
the City Right of Way by and between the Parties (ROW Agreement), and any amendments
thereto, which Article 14 is incorporated herein by reference.
ARTICLE 4. RESPONSIBILITIES OF AUTHORITY
4.01 Platform Lease. The AUTHORITY shall lease the Standard Platform to the CITY for one
dollar ($1.00) per year, This Agreement constitutes the lease agreement between the
AUTHORITY and the CITY.
4.02 Insurance. The OCTA /SCRRA shall, during the term of this Agreement, maintain
adequate liability insurance and in no event less than two million dollars ($2,000,000) per
occurrence and in the aggregate, for claims relating to bodily injury, death, property damage
and all automotive operations, which arise out of OCTA/SCRRA's obligations under this
Agreement. Such insurance may be in the form of a policy of commercial insurance, self -
insurance, joint powers insurance authority or combination thereof. The CITY, its officers,
employees and agents shall be named as an additional insured on the OCTA/SCRRA and
AUTHORITY policies. The requirement for insurance shall not limit or otherwise modify OCTA's
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defense and indemnity obligations as set forth in Section 4.03 hereof.
4.03 Indemnity. Neither the CITY nor any officers, employees or agents thereof shall be
responsible for any damage or liability occurring by reasons of anything done or omitted to be
done by the AUTHORITY or the SCRRA in connection with the OCTA/SCRRA's responsibilities
for the Commuter /Intercity Rail Station or AUTHORITY's responsibilities for the OC Streetcar
System Property under this Agreement. It is also understood and agreed that, pursuant to
Government Code Section 895.4, the AUTHORITY shall fully indemnify, defend and hold the
CITY harmless from any liability imposed for injury (as defined by Government Code Section
810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY or the
SCRRA in connection with the OCTA/SCRRA's responsibilities for the Commuter Rail /Intercity
Rail Station under this Agreement. This same indemnification, defense and hold harmless
obligation is imposed upon AUTHORITY, but not SCRRA, with respect to anything done or
omitted to be done by AUTHORITY in connection with AUTHORITY's responsibilities for the OC
Streetcar System.
4.04 Assignment to Another Party. The Parties to this Agreement hereby acknowledge and
agree that at some future date, the AUTHORITY may, at its option, assign its rights, interest,
duties, and obligations under this Agreement as it relates to the Commuter /Intercity Rail Station
to another Party, provided that no such assignment shall be effective unless the AUTHORITY
has given thirty (30) days prior written notice to CITY. With respect any such assignment of
AUTHORITY's use, operation and maintenance of the OC Streetcar System Property, such
assignment shall be subject to the same assignment provisions set forth in Section 3.12 of this
Agreement.
4.05 OCTA/SCRRA Maintenance and Repair The AUTHORITY agrees, at no cost to the
CITY, to maintain and repair the Operating Property (Exhibit A) and the OC Streetcar System
Property (Exhibit F), in good condition and order, and free from refuse, for the benefit of the
public and the persons using the Commuter /Intercity Rail Station for so long as the AUTHORITY
shall serve commuter /intercity rail passengers at the Commuter /Intercity Rail Station pursuant to
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this Agreement.
4.06 OC Streetcar System Design and Construction. The AUTHORITY shall fund and
implement the design and construction of the OC Streetcar System on the OC Streetcar System
Property consistent with the provisions of Cooperative Agreement No. C -5 -3583 by and
between the Parties for the design phase of the OC Streetcar Project" and upon execution by
the Parties, Cooperative Agreement C -6 -1516, which agreements are, and upon the Parties'
execution thereof, incorporated herein by reference to the extent applicable to the OC Streetcar
System Property.
4.07 OC Streetcar System Operations and Maintenance. The AUTHORITY shall be
responsible for operations and maintenance of the OC Streetcar System. The standards for
operations and maintenance shall be as provided for in the MOU and upon execution, the
cooperative operations and maintenance agreement to be entered into by the Parties, which
are, to such extent, incorporated herein by reference.
4.08 OC Streetcar System Security. The AUTHORITY shall arrange for and fund the
provision of security for the OC Streetcar System Property . The AUTHORITY's responsibility
for funding security does not supersede or reduce the CITY's responsibility for funding operating
costs as identified in the MOU.
ARTICLE 5. NOTICES
Any notices, requests, or demands made between the Parties pursuant to this
Agreement shall be in writing and delivered by certified mail. Phone and e -mail may be used for
convenience but are not considered as official notice. Notice information may be changed by
either Party at any time upon written notification being received by the other Party of the change
in nouce rnrorrnaaon wttn the rnrormaeon provraea Mow, ivouces are to oe airecteo as rouows:
To CITY: To AUTHORITY:
City of Santa Ana Orange County Transportation Authority
Attention: Clerk of the Council 550 South Main Street
20 Civic Center Plaza P.O. Box 14184
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P.O. Box 1988
Santa Ana, CA 92701
Orange, CA 92863 -1584
ATTENTION:
ATTENTION:
SARTC Property Manager
Bridget Carman
1000 E. Santa Ana Blvd., Suite 108
Contracts Administration and Materials
Santa Ana, CA 92701
Management
Email: glomeli @santa- ana.org
Tel: (714) 560 -5478
E -Mail: bcarman @octa.net
Cc:
Cc:
Fred Mousavipour
James G. Bell
Executive Director, Public Works Agency
Executive Director, Capital Programs
Tel: (714) 647 -5654
Tel: (714) 560 -5646
E -Mail: fmousavipour @sante- ana.org
E -Mail: JBeil @octa.net
Cc: City Attorney
ARTICLE 6. MISCELLANEOUS
6.01 Consents and Approvals. Any and all consents and approvals provided for or permitted by
this Agreement shall be in writing, and a signed copy thereof shall be filed and kept with the
records of this Agreement.
6.02 Entire Agreement. This document, the attachments hereto, and the documents or portions
thereof incorporated herein by reference, contain and constitute the entire understanding and
agreement between the Parties with respect to the subject matter hereof. This AGREMEENT
supplements and does not supersede Contract No. 172225 between the CITY and the
AUTHORITY as successor in interest to the Atchison, Topeka and Santa Fe Railway Company
as it applies to the Commuter /Intercity Rail Station.
6.03 Amendments. This Agreement may be amended or modified only by an instrument in
writing, stating the amendment or modification, signed by the Parties hereto.
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6.04 Severability. If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,
the remainder of this Agreement shall not be affected thereby, and each term, provision,
covenant or condition of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
6.05 Headings and Subtitles. Headings and subtitles of this Agreement have been used for
convenience only and do not constitute matter to be considered as interpreting this Agreement.
6.06 Attorneys Fees. In the event of any dispute hereunder or any proceeding to enforce the
provisions hereof, the prevailing Party in such dispute or proceeding shall be entitled to recover,
among other things, all costs, reasonable attorney's fees and reasonable disbursements,
regardless of whether such dispute or proceedings are handled by attorneys or employees of
such Party or outside counsel. "Prevailing Party in dispute or proceeding" shall be the Party
who obtains substantially all the relief sought by such Party in such action or proceedings,
regardless of whether final court judgment is entered.
6.07 No Waiver on Default. No waiver of any right or failure to exercise any remedy with
respect to any matter or event which is the subject of this Agreement shall be or be deemed to
be a waiver of such right or remedy with respect to any other matter or event, or to constitute a
precedent for purposes of interpretation of this Agreement.
6.08 Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws of the State of California.
ARTICLE 7. TERMINATION OF AGREEMENT
This Agreement shall commence on the date this Agreement is executed by both Parties
and shall constitute the Parties' agreement with respect to the matters addressed herein from
that date forward. The term of the Agreement shall continue until:
a. The AUTHORITY or a properly designated assignee of AUTHORITY
discontinues to utilize SARTC to serve commuter /intercity passengers.
b. The sale or transfer of title of the Commuter /Intercity Rail Station;
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C. The assignment by a Party without providing prior written notice to the other
Party of any of the rights, title, or obligations set forth in this Agreement as it relates to the
Commuted] ntercity Rail Station shall give rise to the right of the non - assigning Party to
terminate;
d. The involuntary transfer by a Party of any of the rights, title or obligations set
forth In this Agreement as It relates to the Commuter /Intercity Rail Station shall give rise to the
right of the non - transferring Party to terminate;
e. Any material default or breach of this Agreement by either Party which has not
been cured within thirty (30) days after notice of such default by the other Party, or such later
time as is reasonable necessary if the default cannot be reasonably cured within such thirty (30)
day period.
ARTICLE 8. TERMINATION OF EASEMENT
The provisions of Article 7 shall not apply to those provisions of this Agreement
governing the Parties' agreement relating to AUTHORITY's use of and easement interests in
the OC Streetcar System Property. Article 6, entitled "Termination" of the ROW Agreement,
shall govern the termination of that portion of this Agreement relating to the OC Streetcar
System Property, which Article 6 is incorporated herein by reference.
ARTICLE 9. ACCEPTANCE
The undersigned, having read the foregoing, accept and agree to the terms set forth
therein.
Gerardo Mouet Darrell Johnson
Acting City Manager Chief Executive Officer
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lll�_10 0 �wl
By: (1r4 & fIC6,XA
Zia R. Carvalho f-zr--
City Attorney
APPROVAL RECOMMENDED:
By:
Fred Mousavipour
Executive Director, Public Works
Agency
Date:
James M. Donich
General Counsel
APPROVAL RECOMMENDED:
By:
James G. Beil
Executive Director, Capital Programs
EXHIBITS
Exhibit A — Operating Property
Exhibit B — Commuter/Intercity Rail Station
Exhibit C — Non-Operating Property
Exhibit D — Streetcar Controlled Work Access
Exhibit E — OC Streetcar System Property Easements
Exhibit F -- OC Streetcar System Property
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25H-17
COOPERATIVE AGREEMENT NO. C- 94 -$89
EXHIBIT A
OPERATING PROPERTY
OCTA/SCRRA is responsible for the maintenance of the following facilities:
• OCTA/SCRRA provided electronic information signage
• Communication Shelter
• Customer Information System (Metrolink Public Address and Electronic Changeable
Message Signs)
• Operating Property Utility Costs
• Painted Guide Lines
• Painted "Stand Behind This Line" Messages
• Tactile Warning Strips
• Ticket Vending Machines & Support Facilities
• Track (Rails, Ties, and Ballast)
• Inter -Track Fence along OCTA/SCRRA Right of Way
25H -18
.r
COMMUTER /INTERCITY RAIL STATION
OC STREETCAR SYSTEM PROPERTY'
SEE NOTE I
NOTES: LE9ml f
1. SPECIFIC Of, STREETCAR SYSTEM PROPERTY ®� COMA4JTER /INTERCITY RAIL STATION BOUNDARY 1
LIMITS ARE AS DEFINED IN EASEMENT - DC STREETCAR SYSTEM PROPERTY BOUNDARY, SEE NOTE i w
DOCUMENTS. NOT TO SCALE
25H -19
COOPERATIVE AGREEMENT NO. C- 94.859
EXHIBIT C
NON-OPERATING PROPERTY
The CITY is responsible for maintaining all facilities at the Commuter /intercity Rail Station that
do not constitute Operating Property or OC Streetcar System Property including but not limited
to:
• Benches
• Bench Shelters
• City Public Address System
• Curbs, curb and gutters, and wheel stops
• Driveway pavement north of AUTHORITY's traction power substation within the OC
Streetcar System Property
• Electronically Controlled Sliding Gates
• Fencing, excluding fencing on boundary of OC Streetcar System Property
• Landscaping (City Standards shall be used to determine level of maintenance to be
provided)
• Lighting Fixtures
• Non - Operating Property Utility Costs
• Parking Garage
• Pavement
• Pedestrian Bridge Overpass including all associated equipment
• Sidewalks
• Signage
• Standard Platforms
• Surface Parking
• Trash Cans
OC Streetcar System Property
The CITY is responsible for maintaining the following elements within the OC Streetcar System
Property:
• Curb and Gutter north of AUTHORITY'S traction power substation within OC Streetcar
System Property
• Driveway pavement at south end of OC Streetcar platform area
• Sidewalk and curb and gutter at south end of OC Streetcar platform area adjacent to
SARTC driveway
25H -20
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25H-21
COOPERATIVE AGREEMENT NO. C -94 -859
EXHIBIT E
OC STREETCAR SYSTEM PROPERTY EASEMENTS
25H -22
COOPERATIVE AGREEMENT NO. C -94 -859
EXHIBIT F
OC STREETCAR SYSTEM PROPERTY
All facilities within the OC Streetcar System Property unless designated otherwise in Exhibit C
Non - Operating Property including, but not limited to:
OC Streetcar Platform Area
• Cobble rock within OC Streetcar System Property at north end of OC Streetcar
System Property
• Conduit Pull Boxes located in pavement or sidewalks within the limits of the OC
Streetcar
• Conduits supporting OC Streetcar System
• Contact Wire
• Drainage Inlets
• Landscaping
• Light Fixtures
• OCS Poles and associated support brackets and hardware
• Platform
• Sidewalks
• Signs
• Span Wires
• Streetcar Bumpers
• Streetcar Signal Equipment
• Streetcar Tracks (Rail, concrete, rubber boot, switches, switch boxes)
• Streetcar Vehicles
• Trash Cans
• Benches
• Bench Shelters
Traction Power Substation Area
• Ground Grid
• Landscaping within OC Streetcar System Property
• Light Fixtures
• Meters
• Signs
• Pull boxes and associated conduits
• Sidewalk on south side of traction power substation
• Switch Boxes
• Traction power substation
25H -23
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