HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-5-3583) (1ST)1
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-5-3583
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
A-2017-063
THE DESIGN PHASE OF THE OC STREETCAR PROJECT
THIS AMENDMENT NO. I is effective this day of aajA�L 2017, by
and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange California 92863-1584, a public entity of the State of California (hereinafter referred to as
"'AUTHORITY"), and the City of Santa Ana, a charter city and a municipal corporation (hereinafter
referred to as "CITY"), each individually known as "Party" and collectively referred to as "Parties".
WITNESSETH:
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-543583, dated
August 1, 2015 (the "Agreement"), for support of the design phase of the OC Streetcar; and
WHEREAS, the Parties agree that the AUTHORITY will provide the necessary funds to acquire
the specified properties necessary for construction and operation of OC Streetcar; and
WHEREAS, pursuant to the terms set forth in Exhibit C, "Financial Obligations", Additional City
Support, Sections 5.1.3 and 5.2.2, the AUTHORITY requested and the CITY agreed to amend Exhibit
B, "Project Scope" for additional right-of-way support services for the acquisition of specified properties
for construction and operation of the OC Streetcar; and
WHEREAS, the Parties agree that the CITY WWI act as the lead agency and provide support
services required to acquire the specified properties; and
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AMENDMENT NO. 1 TO
AGREEMENT NO. C-5-3583
WHEREAS, pursuant to the terms set forth in Exhibit C, "Financial Obligations", Additional City
Support, Sections 5.1.3 and 5.2.2, the Parties have agreed to perform the work upon re -allocation of
existing budgeted funds; and
WHEREAS, the Parties agree the estimated cost for this Additional City Support is Three
Hundred Ninety -One Thousand Two Hundred Seventy -One Dollars ($391,271.00), with no change to
the AUTHORITY's maximum cumulative payment obligation as set forth in Article 7 of the Agreement;
and
WHEREAS, the Parties agree that the CITY is subject to periodic cost reviews for this work as
provided in Exhibit C, "Financial Obligations", Section 5.2.3; and
WHEREAS, the CITY has agreed to track and submit invoicing for the right-of-way support
services in accordance with Exhibit C, "Financial Obligations"; and
WHEREAS, the CITY's City Council approved this Amendment No. 1 on April 4, 2017.
NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY
that the Agreement is hereby amended in the following particulars only:
1. Amend Exhibit B, "Project Scope" to incorporate Exhibit B, "Project Scope,
Amendment No. 1", which is attached hereto and by this reference, made part of the Agreement.
2. Delete Exhibit E, "City Support Work Plan" and replace in its entirety with Exhibit E,
"City Support Work Plan, Amendment No. V, which is attached hereto and by this reference, made part
of the Agreement,
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Page 2 of 3
AMENDMENT NO. 1 TO
AGREEMENT NO. C-5-3583
The balance of said Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement
No. C-5-3583 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION
AUTHORITY
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BY:
S61 is Carvalho
City Attorney
ATTEST:
BV:A
Mai is D. Huizar
`City Clerk
Dated:- ` " /17
By:_
Meena Katakia
Manager, Capital Projects
APPROVAL RECOMMENDED:
Fre a Mouvip� ur
Executive Director, Pilblic Works Agency
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-5-3583
PROJECT SCOPE
EXHIBIT B
Project Scope -- Additional Support Services for Right of Way Acquisition
In order to secure the necessary Right of Way Certification for delivery of the Project, it may
become necessary to initiate eminent domain proceedings, defend inverse condemnation actions,
and provide for the retention of consultants or expert witnesses. The CITY hereby agrees to be
the lead agency for all eminent domain proceedings and activities pertaining to Assessor Parcel
Numbers 007-100-04, 007-100-05 and 007-190-17 and their respective owners and occupants,'
including hearing and adopting Resolutions of Necessity, filing Complaints in Eminent Domain
and obtaining Orders for Prejudgment Possession.
In an effort to maintain a consensus on Project costs, the CITY agrees to inform AUTHORITY of
any proposal made by property owners or business owners to reach a legal settlement. The CITY
will invite AUTHORITY staff to any mediation or legal settlement conference in all litigated matters.
The CITY and AUTHORITY will meet and seek to reach consensus on the negotiated purchase
price of real property and payment for loss of business goodwill amount over the approved legal
expert fair market value appraisals, prior to the CITY's agreement to settlement(s) or prior to
entering into stipulated judgments(s). As part of reaching consensus, the CITY will share with
AUTHORITY decision makers all appraisals, deposition transcripts and documents pertinent to
the analysis of just compensation. These documents are confidential and will only be circulated
among AUTHORITY staff and legal counsel for the purpose of reaching a consensus on just
compensation and loss of business goodwill.
As specified in Exhibit C, "Financial Obligations", this work shall be tracked separately and
segregated as an independent task within the City Support Work Plan and invoiced accordingly.
1 Assessor Parcel Numbers 007-100-04 and -05 are currently owned by Federico Valdivia,
Successor Trustee of the Valdivia Family Trust and occupied by a single business, SA
Recycling LLC. Assessor Parcel Number Oa7-110-17 is currently owned by Salvador Navarro
and is comprised of several residential structures.
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