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4 <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> 9 <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> 14 <br /> 15 <br /> 16 <br /> 17 <br /> 18 <br /> 19 <br /> 20 <br /> 21 <br /> 22 <br /> 23 <br /> 24 <br /> 25 <br /> 26 <br /> <br />YC:SA:CF:DI <br />L:~CAMM\CL <br /> <br />A-1999- 187 <br /> <br /> AMENDMENT NO. 1 TO <br /> DATE: <br /> COOPERATIVE AGREEMENT NO. C-95-990 <br /> <br /> BETWEEN <br /> <br /> ORANGE COUNTY TRANSPORTATION AUTHORITY <br /> AND <br /> <br /> CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 'L.~'l. ~-a <br /> y of <br /> <br />tNSLI~ANC,r NOT RE(~UlR[D/WAtVE[ <br />WORK MAY PROOEED <br /> CLERK OF COUNCIL <br /> <br />., 1999, by <br /> <br /> and between the Orange County Transportation Authority, a public corporation of the State of California <br /> (hereinafter referred to as "AUTHORITY"), and City of Santa Ana, a municipal corporation (hereinafter <br /> referred to as "AGENCY"). <br /> <br /> WITNESSETH: <br /> <br /> WHEREAS, by Agreement No. C-95-990 dated August 18, 1995, AUTHORITY and AGENCY <br /> entered into an Agreement which determined that AGENCY was eligible to receive funding under the <br /> Combined Transportation Funding Programs (CTFP) as specified in the CTFP Manual and also the <br /> Bicycle and Pedestrian Facilities Program; and <br /> <br /> WHEREAS, periodic scheduled reviews approved by AUTHORITY and AGENCY may be <br /> updated as required; and <br /> <br /> WHEREAS, AUTHORITY wishes, and AGENCY has agreed, to include indemnification <br /> provisions and disposal methods for excess right of way acquired with Measure M funding; <br /> <br /> NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as <br /> <br /> follows: <br /> <br /> Amend Page 2 of 3, to add items 6 and 7: <br /> <br /> "6. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, <br /> directors, employees and agents from and against any and all claims (including attorneys' fees <br /> and reasonable expenses for litigation or settlement) for any causes of action or loss, damages, <br /> bodily injuries, including death, damage to or loss of use of property caused by the negligent <br /> <br />;[ICAL\WORDPROC~AGREE~AMEND~M 15990.DOC <br /> Page 1 of 3 <br /> <br /> <br />