HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY - 20171
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O".!VJACZ)
COOPERATIVE AGREEMENT NO. C-6-1433
AND
CITY OF SANTA ANA
FOR
USE OF THE CITY RIGHT OF WAY
THIS AMENDMENT NO. 1 is effective this day of
A-2017.340
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 (herein referred to as
"AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred
to as "CITY") each individually known as "Party" and collectively known as "Parties".
RECITALS
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated
March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for
the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred
to as the "Agreement"; and
WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being
provided under a Federal Transit Administration ("FTA") grant; and
WHEREAS, the FTA grant contains certain requirements, one of which relates to the
disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds
"Federally Assisted Property"; and
WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not
entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property;
and
1274963.1
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AMENDMENT NO.1 TO
COOPERATIVE AGREEMENT NO. C-6-1433
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
USE OF THE CITY RIGHT OF WAY
THIS AMENDMENT NO. 1 is effective this day of ��� 2018, 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 (herein referred to as
"AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred
to as "CITY") each individually known as "Party" and collectively known as "Parties".
RECITALS
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated
March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for
the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred
to as the "Agreement"; and
WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being
provided under a Federal Transit Administration ("FTA") grant; and
WHEREAS, the FTA grant contains certain requirements, one of which relates to the
disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds
"Federally Assisted Property"; and
WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not
entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property;
and
1274963.1
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-6-1433
WHEREAS, the AUTHORITY and the CITY desire to amend the Agreement to make its
provisions consistent with FTA grant requirements relating to the disposition of OC Streetcar System
property that meets the definition of Federally Assisted Property.
NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY
that Agreement No. C-6-1433 is hereby amended in the following particulars only:
1. Amend ARTICLE 1. DEFINITIONS, to insert the following :
"N. `Federally Assisted Property' means the OC Streetcar System improvements which
are paid in whole or part with FTA grant funds."
2. Amend "Exhibit B, Use of City Right of Way", by deleting in its entirety paragraph 9.0
entitled "Duty to Restore", and replace with "Amendment No. 1 to Exhibit B, Use of City Right of
Way', paragraph 9.0 Duty to Restore, which is attached hereto and by this reference incorporated
herein.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to
Agreement No. C-6-1433 to be executed on the date first written above.
CITY OF SANTA ANA
By:
Raul Godine II
City Manager
APPROVED AS TO FORM:
By:
SYi-a Carvalho
City Attorney
ATTEST:
By:
M ria D. Huizar
Clerk of the City Council
Dated: l�z"21' r
ORANGE COUNTY
TRANSPORTATI N AU HORITY
By:
Meena Katakia
Manager, Capital Projects
0
:tames M. Donich
General Counsel
Please return an origina-
executed agreement to
our office (M -30/T11)
Fled KAbusavipour, Executive Director Page 2 of 2
Public Works Agency L:\Carom\CLERICAL\WORDPROC\AGREE\AMEND\AM 161433.docx
1274963,1
AMENDMENT NO.1 TO
COOPERATIVE AGREEMENT NO. C-6-1433
EXHIBIT B
USE OF CITY RIGHT OF WAY
9.0 DUTY TO RESTORE
A Upon the expiration of this Agreement, or earlier termination or partial termination of
Authority Use Rights and/or this Agreement, all OC Streetcar System improvements located on
Occupied City ROW as to which Authority Use Rights have been terminated shall, at the option of
the CITY, as to any or all of the OC Streetcar System improvements, be removed by the AUTHORITY,
and the Occupied City ROW shall be restored to a condition consistent with CITY standard plans and
the then current condition of adjoining streets or other public facilities with respect to grade,
appearance, quality, finish, and type of construction, at the sole cost and expense of the
AUTHORITY. Restoration shall be performed within one hundred eighty (180) days of such
expiration or termination, or such longer period as shall be required by the nature of the work and
agreed to by the CITY and the AUTHORITY. For any improvements left intact at the option of the
CITY, CITY shall retain all ownership and possession thereof at no cost to CITY.
B. Notwithstanding the foregoing, any OC Streetcar System improvements which
constitute Federally Assisted Property, as defined below, shall remain the property of AUTHORITY
and AUTHORITY shall have the right to remove all such Federally Assisted Property at its sole cost
and expense. The CITY shall have the option to purchase such Federally Assisted Property and/or
have AUTHORITY leave the Federally -Assisted Property in place, provided that the CITYS purchase
of the Federally Assisted Property is in accordance with applicable law and Federal Transit
Administration ("FTA") grant requirements. AUTHORITY is required to comply with FTA regulations
when disposing of any OC Streetcar Systems improvements that are financed in in whole or part with
FTA assistance ("Federally Assisted Property"). The FTA grant requirements set forth a process and
methodology for disposing of the Federally Assisted Property, calculating the Federal interest, and
returning to the FTA proceeds from the sale of such Federally Assisted Property."
Page 1
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A-2017-340
AMENDMENT NO.1 TO
O, fns A COOPERATIVE AGREEMENT NO. C-6-1433
kt,'k�L�t'e,2 BETWEEN '
ORANGE COUNTY TRANSPORTATION AUTHOI
AND
CITY OF SANTA ANA
FOR
USE OF THE CITY RIGHT OF AY
THIS AMENDMENT NO. 1 is effective this day of , 2019 by and
between the Orange County Transportation Authority, 50 South Main Street, P.O. Box 14184,
Orange, California 92863-1584, a public entity of t e State of California (herein referred to as
"AUTHORITY"), and the City of Santa Ana, a charte city and municipal corporation (hereafter referred
to as "CITY") each individually known as "Party" nd collectively known as "Parties".
CITALS
WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated
March 17, 2017 in which the AUTHOR! T and CITY agreed that the City's ROW would be utilized for
the OC Streetcar System, identified a Cooperative Agreement No. C-6-1433, and hereinafter referred
to as the "Agreement"; and
WHEREAS, the financin of the OC Streetcar Project is in part being paid from monies being
provided under a Federal Tr sit Administration ("FTA") grant; and
WHEREAS, the F A grant contains certain requirements, one of which relates to the
disposition of OC Stre tcar System property which is paid in whole or part with FTA grant funds
"Federally Assisted roperty"; and
WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not
entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property;
and
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