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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 <br />MEMORANDUM OF UNDERSTANDING <br />ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA <br />FOR SANTA ANA/GARDEN GROVE STREETCAR PROJECT <br />This MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this day of <br />2015 (the "Effective Date "), by and between the Orange County <br />Transportation Authority ( "OCTA "), a public corporation of the State of California and the <br />City of SANTA ANA, a municipal corporation duly organized and existing under the laws <br />of the State of California ( "Santa Ana" or "City'). OCTA and Santa Ana may be <br />collectively referred to as "Parties" and individually as 'Party ". <br />SECTION 1 RECITALS <br />WHEREAS, OCTA, in cooperation with the Federal Transit Administration and the City <br />of Santa Ana, is proposing to design, construct, operate and maintain the Santa <br />Ana /Garden Grove Streetcar. The Santa Ana /Garden Grove Streetcar refers to the <br />Locally Preferred Alternative as identified by the Santa Ana City Council on August 5, <br />2014 and approved through the certification of the Environmental Impact Report by the <br />Santa Ana City Council on January 20, 2015 ( "Project'). A map of the alignment is <br />included as EXHIBIT A. <br />WHEREAS, this MOU defines the understanding of the general terms, conditions and <br />funding responsibilities between OCTA and the City for the design, right -of -way <br />acquisition, construction and operations and maintenance of the Project. <br />WHEREAS, OCTA anticipates utilizing design- bid -build as the delivery method for the <br />Project. <br />WHEREAS, the Parties intend to enter into a Design Agreement and Construction <br />Agreement to establish the roles, responsibilities and expectations during the design, <br />construction, start up and testing of the Project. <br />WHEREAS the Parties intend to enter into a Public Way Use Agreement to establish <br />the roles, responsibilities and expectations of the Streetcar System operating in the <br />Santa Ana public way. The Federal Transit Administration requires a grantee to have a <br />perpetual right to operate in the public way. <br />WHEREAS the Parties intend to enter into an Operations and Maintenance Agreement <br />to establish the roles, responsibilities and expectations of each Party for the operations <br />and maintenance of the Streetcar System and adjacent streets. <br />WHEREAS, Parties agree to execute a Public Way Use Agreement prior to the <br />commencement of construction activity for the Project and an Operations and <br />Maintenance Agreement prior to entering Revenue Service. <br />EXHIBIT 2 <br />1 25C -9 <br />