HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-94-859)1
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A-2017-078
pn=!:�-
rm Lu ll AMENDED AND RESTATED COOPERATIVE AGREEMENT NO. C-94-859
LLI BETWEEN
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^� THE ORANGE COUNTY TRANSPORTATION AUTHORITY
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AND
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Cn THE CITY OF SANTA ANA
C -
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 Commuter/intercity 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 Construction and Maintenance
of Station Platform and Pedestrian Bridge", dated July 6, 2004; and
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A-2017-078
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 01 day of 2017 by and between the Orange County
Transportation Authority, a public enity, 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 Commuter/Intercity 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 RegionalRail Authority for Construction and Maintenance
of Station Platform and Pedestrian Bridge", dated July 6, 2004; and
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COOPERATIVE AGREEMENT NO. C-94-859
1 WHEREAS, the Santa Ana/Garden Grove Streetcar Locally Preferred Alternative was
2 identified by the CITY's City Council at its public meeting on August 5, 2014; and
3 WHEREAS, the Parties entered into a Memorandum of Understanding No. C-5-3295
4 dated August 31, 2015 for the design, construction, operations, and maintenance of the "OC
5 Streetcar System" (MOU); and
6 WHEREAS, the CITY will be granting AUTHORITY easements at SARTC which will
7 permit AUTHORITY to use a portion of SARTC for the construction, operation and maintenance
8 of the OC Streetcar System; and
9 WHEREAS, the Parties have entered into or will be entering into various cooperative
10 agreements for the design, construction, use of CITY right of way, and operation and maintenance
11 of the OC Streetcar System; and
12 WHEREAS, the AUTHORITY's Board of Directors authorized its Chief Executive Officer
13 to execute this Agreement on 24th day of April, 2017; and
14 WHEREAS, the CITY's City Council approved this Agreement on 18th day of April, 2017.
15 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY AND CITY as
16 follows:
17 ARTICLE 1. DEFINITIONS
18 As used in this Agreement, the following terms, phrases, words and their derivations, shall
19 have meanings set forth herein. Words used in the present tense include the future tense. Words
20 used in the singular shall include the plural, and the plural words shall include the singular. Words
21 not specifically defined shall be given their common and ordinary meaning.
22 a. "Communication Shelter" refers to the communication shelter owned and operated
23 by OCTA/SCRRA identified as Operating Property within Exhibit A, attached hereto and
24 incorporated herein by this reference.
25 b. "Commuter/Intercity Rail Station' refers to the commuter/intercity rail passenger
26 terminal which includes Operating Property, Non -Operating Property, and the OC Streetcar
27 System and is as depicted in Exhibit B, attached hereto and incorporated herein by this reference.
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COOPERATIVE AGREEMENT NO. C-94-859
1 C. "Non -Operating Property" refers to all property not listed as Operating Property or
2 OC Streetcar System Property including but not limited to the items listed in Exhibit C, attached
3 hereto and incorporated herein by this reference.
4 d. "OC Streetcar System" refers to the OC Streetcar passenger transportation system
5 to be owned, operated, and maintained by the AUTHORITY including all streetcar tracks, stations,
6 streetcar vehicles, conduits, electric lines, traction power poles, traction power substations, cross -
7 span wires, streetcar signal equipment, and other functionally related and appurtenant equipment
8 and facilities. The OC Streetcar System elements are contained within the OC Streetcar System
9 Property.
10 e. "OC Streetcar System Property" shall refer to the property described in Exhibit F,
11 which property will be located upon an exclusive easement that CITY will provide AUTHORITY in
12 connection with AUTHORITY's construction, operation and maintenance of the OC Streetcar
13 System, which easement area is generally depicted as OC Streetcar System Property in Exhibit
14 B, Commuter/Intercity Rail Station.
15 f. "OCTA/SCRRA" refers to the provision of certain elements contained in this
16 Agreement through the AUTHORITY's relationship with the Southern California Regional Rail
17 Authority (SCRRA), a joint powers agency of which AUTHORITY is a member.
18 g, "OCTA/SCRRA Right of Way" means the railroad right of way owned by the
19 AUTHORITY for operating commuter rail service where the Commuter/Intercity Rail Station
20 provides the public access to such commuter service.
21 h. . "Operating Property" refers to that property essential to OCTA/SCRRA railroad
22 operations, including but not limited to the items listed in Exhibit A.
23 i. "Platform Fixtures" refers to the fixtures attached to the Standard Platform,
24 including but not limited to lighting fixtures, trash cans, benches, bench shelters, and signs which
25 are categorized as Non -Operating Property.
26 j. "Standard Platform" refers to the station platform(s) at the Commuter/Intercity Rail
27 Station supporting the commuter/intercity rail service in the OCTA/SCRRA Right of Way. The
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COOPERATIVE AGREEMENT NO. C-94-869
1 Standard Platforms are categorized as Non -Operating Property.
2 k. "Ticket Vending Machines" are the ticket vending machines owned and operated
3 by OCTA/SCRRA located at the Commuter/Intercity Rail Station and include any ticket vending
4 machine support facilities. Ticket Vending Machines and ticket vending support facilities are
5 categorized as Operating Property.
6 ARTICLE 2. PURPOSE OF COOPERATIVE AGREEMENT
7 The purpose of this Agreement is: (1) to set forth provisions for the maintenance and
8 security for the Commuter/Intercity Rail Station as it relates to the provision of commuter/intercity
9 rail service; (2) to set forth provisions for the AUTHORITY's use of SARTC for the design,
10 construction, operations, and maintenance of the OC Streetcar System; and (3) to reflect
11 improvements that have been made to SARTC since the 1994 Agreement and the Parties relative
12 obligations relating thereto.
13 ARTICLE 3. RESPONSIBILITIES OF THE CITY
14 3.01 CommuterPntercity Rail Station Construction. The City shall be the lead agency for the
is construction of future Commuter/Intercity Rail Station improvements with the exception of
16 improvements within the OC Streetcar System Property. Any future construction affecting
17 Operating Property shall be coordinated with the AUTHORITY prior to construction.
18 3.02 Planning, Zoning, and Permits. The CITY shall obtain. and comply with any and all
19 approvals, permits, licenses and authorizations required by applicable law to enable it to fulfill its
20 responsibilities as set forth in this Section 3 and shall comply with all federal, state and local laws,
21 regulations, rules and ordinances. Moreover, the CITY agrees to act as the lead agency on all
22 planning, zoning and permit activities as required by California law, unless specified to the
23 contrary in paragraph 3.04, OCTA/SCRRA Right of Entry. The CITY will apply for and secure, at
24 the sole expense of the CITY, all permits required for the operation of the Commuter/Intercity Rail
25 Station,
26 3.03 Maintenance and Repair. The CITY agrees, at no cost to the AUTHORITY, to maintain and
27 repair the Non -Operating Property that is described in Exhibit C as well as that portion of OC
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COOPERATIVE AGREEMENT NO. C-94-859
1 Streetcar System Property that is described in Exhibit C, in good condition and order, and free
2 from refuse, for the benefit of the public and the persons using the Commuter/Intercity Rail Station
3 for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the
4 Commuter/Intercity Rail Station pursuant to this Agreement.
5 3.04 OCTA/SCRRA Right of WaV Right of Entry. CITY shall, and shall require its contractors, to
6 notify and receive prior permission from the SCRRA in advance of any work to be performed on
7 the SCRRA/OCTA Right of Way. Additionally, the CITY and its contractors shall comply with all
8 SCRRA safety requirements and obtain appropriate SCRRA Right of Entry documents.
9 3.05 OC Streetcar System Property Right of Entry. All work activities, either those of the CITY
10 or third parties, within the controlled work access zone limits depicted and described in Exhibit D,
11 Streetcar Controlled Work Access, require a permit issued by the AUTHORITY prior to work
12 commencing. The CITY shall not issue any permits to any third parties to work in the Streetcar
13 Controlled Work Access area, within the controlled work access zone without prior evidence of a
14 current AUTHORITY access permit.
15 3.06 Insurance. The CITY shall, during the term of this Agreement, maintain adequate liability
16 insurance and in no event less than two million dollars ($2,000,000) per occurrence and in the
17 aggregate, for claims relating to bodily injury, death, property damage and all automotive
18 operations, which arise out of CITY's obligations under this Agreement. Such insurance may be
19 in the form of a policy of commercial insurance, self-insurance, joint powers insurance authority
20 or combination thereof. The AUTHORITY, its officers, agents and employees shall be named as
21 an additional insureds on the CITY's policies. The requirement for insurance shall not limit or
22 otherwise modify the CITY's defense and indemnity obligations as set forth in Section 3.07 hereof.
23 3.07 Indemnity. Neither the AUTHORITY nor the SCRRA nor any officers, employees or agents
24 thereof shall be responsible for any damage or liability occurring by reason of anything done or
25 omitted to be done by the CITY in connection with the CITY's responsibilities under this
26 Agreement. The CITY shall be responsible for handling and processing any and all claims relating
27 to the CITY's responsibilities under this Agreement. It is also understood and agreed that,
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COOPERATIVE AGREEMENT NO. C-94-859
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 Parking. 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
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
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COOPERATIVE AGREEMENT NO. C-94-859
1 easement(s) are inconsistent with this Agreement, then the easement(s) shall control.
2 3.12 Assignment to Another Party. The Parties hereby acknowledge and agree that at some
3 future date, the CITY may, at its option, assign its rights, interest, duties, and obligations under
4 this Agreement to another Party as it relates to the Commuter/Intercity Rail Station, provided that
5 no such assignment shall be effective unless the CITY provides thirty (30) days prior written notice
6 to AUTHORITY. With respect to any such assignment of the CITY's obligations relating to the
7 OC Streetcar System Property, such assignment shall be subject to the assignment provisions in
8 Article 14, entitled "Assignment", of Cooperative Agreement No. C-6-1433 Use of the City Right
9 of Way by and between the Parties (ROW Agreement), and any amendments thereto, which
10 Article 14 is incorporated herein by reference.
11 ARTICLE 4. RESPONSIBILITIES OF AUTHORITY
12 4.01 Platform Lease. The AUTHORITY shall lease the Standard Platform to the CITY for one
13 dollar ($1.00) per year. This Agreement constitutes the lease agreement between the
14 AUTHORITY and the CITY.
15 4.02 Insurance. The OCTA/SCRRA shall, during the term of this Agreement, maintain adequate
16 liability insurance and in no event less than two million dollars ($2,000,000) per occurrence and
17 in the aggregate, for claims relating to bodily injury, death, property damage and all automotive
18 operations, which arise out of OCTA/SCRRA's obligations under this Agreement. Such insurance
19 may be in the form of a policy of commercial insurance, self-insurance, joint powers insurance
20 authority or combination thereof. The CITY, its officers, employees and agents shall be named
21 as an additional insured on the OCTA/SCRRA and AUTHORITY policies. The requirement for
22 insurance shall not limit or otherwise modify OCTA's defense and indemnity obligations as set
23 forth in Section 4.03 hereof.
24 4.03 Indemnity. Neither the CITY nor any officers, employees or agents thereof shall be
25 responsible for any damage or liability occurring by reasons of anything done or omitted to be
26 done by the AUTHORITY or the SCRRA in connection with the OCTA/SCRRA's responsibilities
27 for the Commuter/Intercity Rail Station or AUTHORITY's responsibilities for the OC Streetcar
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COOPERATIVE AGREEMENT NO. C-94-859
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 SORRA, 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 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 No. C-6-1516, which agreements are, and upon the Parties' execution
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COOPERATIVE AGREEMENT NO. C-94-859
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 notice
information with the information provided below. Notices are to be directed as follows:
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
P.O. Box 1988 Orange, CA 92863-1584
Santa Ana, CA 92701
/
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COOPERATIVE AGREEMENT NO. C-94-859
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. Beil
Executive Director, Public Works Agency
Executive Director, Capital Programs
Tel: (714) 647-5654
Tel: (714) 560-5646
E -Mail: fmousavipour@santa-ana.org
E -Mail: JBeil(5octa.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 Agreement
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.
6.04 Severability. If any term, provision, covenant or condition of this Agreement is held to be
invalid, void or otherwise unenforceable, to any e)tent, by any court of competent jurisdiction, the
remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
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COOPERATIVE AGREEMENT NO. C-94-859
1 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
2 6.05 Headings and Subtitles. Headings and subtitles of this Agreement have been used for
3 convenience only and do not constitute matter to be considered as interpreting this Agreement.
4 6.06 Attorneys Fees. In the event of any dispute hereunder or any proceeding to enforce the
5 provisions hereof, the prevailing Party in such dispute or proceeding shall be entitled to recover,
6 among other things, all costs, reasonable attorney's fees and reasonable disbursements,
7 regardless of whether such dispute or proceedings are handled by attorneys or employees of
8 such Party or outside counsel. "Prevailing Party in dispute or proceeding" shall be the Party who
9 obtains substantially all the relief sought by such Party in such action or proceedings, regardless
10 of whether final court judgment is entered.
11 6.07 No Waiver on Default. No waiver of any right or failure to exercise any remedy with respect
12 to any matter or event which is the subject of this Agreement shall be or be deemed to be a waiver
13 of such right or remedy with respect to any other matter or event, or to constitute a precedent for
14 purposes of interpretation of this Agreement.
15 6.08 Governing Law. This Agreement shall be governed by and shall be construed in accordance
16 with the laws of the State of California.
17 ARTICLE 7. TERMINATION OF AGREEMENT
18 This Agreement shall commence on the date this Agreement is, executed by both Parties
19 and shall constitute the Parties' agreement with respect to the matters addressed herein from that
20 date forward. The term of the Agreement shall continue until:
21 a. The AUTHORITY or a properly designated assignee of AUTHORITY discontinues
22 to utilize SARTC to serve commuter/intercity passengers.
23 b. The sale or transfer of title of the Commuter/Intercity Rail Station;
24 C. The assignment by a Party without providing prior written notice to the other Party
25 of any of the rights, title, or obligations set forth in this Agreement as it relates to the
26 Commuter/Intercity Rail Station shall give rise to the right of the non-assigning Party to terminate;
27 d. The involuntary transfer by a Party of any of the rights, title or obligations set forth
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COOPERATIVE AGREEMENT NO. C-94-859
1 in this Agreement as it relates to the Commuter/Intercity Rail Station shall give rise to the right of
2 the non -transferring Party to terminate;
3 e. Any material default or breach of this Agreement by either Party which has not
4 been cured within thirty (30) days after notice of such default by the other Party, or such later time
5 as is reasonable necessary if the default cannot be reasonably cured within such thirty (30) day
6 period.
7 ARTICLE 8. TERMINATION.OF EASEMENT
8 The provisions of Article 7 shall not apply to those provisions of this Agreement governing
9 the Parties' agreement relating to AUTHORITY's use of and easement interests in the OC
10 Streetcar System Property. Article 6, entitled "Termination", of Cooperative Agreement No. C-6-
11 1433, shall govern the termination of that portion of this Agreement relating to the OC Streetcar
12 System Property, which Article 6 is incorporated herein by reference.
13 /
14 /
15 /
16 /
17 /
18 /
19 /
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21 /
22 /
23 /
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�Y
COOPERATIVE AGREEMENT NO. C-94-859
ARTICLE 9. ACCEPTANCE
The undersigned, having read the foregoing, accept and agree to the terms set forth
therein.
CITY OF SANTA ANA
Cynthia J. Kur z
Interim City Manager
APPROVED AS TO FORM:
By: r bin y
S is R. Carvalho
City Attorney
ED:
ORANGE COUNTY TRANSPORTATION
AUTHORITY
in
Chief ExecutiM Officer
APPROVED AS TO FORM:
0
,Y4mes M. Donich
General Counsel
DED:
By: -wk By:
ed Mousavipour Ja G. B it
xecutive Director, Public WorksE utive Director, Capital Programs
Agency
Date: Date:
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
ATTEST:
Page 13 of 13
MARIA D. HUIZAR
CLERK OF THE COU CIL
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COOPERATIVE AGREEMENT NO. C-94-859
. 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
Page 1 of 1
CC STREE'
COOPERATIVE AGREEMENT NO. C-94-859
EXHIBIT B
COMMUTER/INTERCITY RAIL STATION
NOTES: CE§ENO
1. SPECIFIC CC STREETCAR SYSTEM PROPERTY CO ILITER/INTERCITY RAIL STATION CDIIRDARY
LIMITS ARE AS DEFINED IN EASEMENT CC STREETCAR SYSTEM PROPERTY BOUNDARY. SEE NOTE I
DOCUMENTS.
NOT TO SCALE
Page 1 of 1
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 Casts
• 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 and north end of TPSS
area.
• Sidewalk and curb and gutter at south end of OC Streetcar platform area adjacent to
SARTC driveway
Page 1 of 1
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COOPERATIVE AGREEMENT NO. C-94-859
EXHIBIT E
OC STREETCAR SYSTEM PROPERTY EASEMENTS
Page 1 of 1
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OHSCRIPTION:
CHECKED JLE
PERMANENT EASEMENTS OVER SANTA ANA REGIONAL TRANSPORTATION CENTER
DATE 05/01/2017
JOB
NUMBER 21INT010400
Page 1 of 1
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
Page 1 of 1