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6.1.6 Art in Transit <br />OCTA agrees to include an Art in Transit program in the Project. The specifics of <br />the Art in Transit program will be detailed in the Design Agreement. <br />6.1.7 Landscaping <br />OCTA shall meet Santa Ana existing guidelines for landscaping and aesthetics. <br />Design reviews by Santa Ana shall be the City's opportunity to comment on the <br />proposed landscape design. Any requests from Santa Ana exceeding established <br />standards will be deemed a Betterment. <br />6.1.8 Drainage <br />OCTA shall mitigate any additional surface storm water drainage needs generated <br />from the trackway or other impervious areas added by the Project. The mitigation <br />of additional surface storm water drainage for the Project shall meet the City's <br />National Pollutant Discharge Elimination System (NPDES) permit standards and <br />will be subject to the City's storm water management requirements. Upgrades to <br />existing drainage systems, beyond that needed for the Project, are considered a <br />Betterment. The Parties agree to review the Project drainage criteria during the <br />Design Agreement process taking into consideration environmental documents, <br />design criteria and Project impacts to drainage. <br />6.1.9 Utilities <br />Santa Ana shall cooperate with OCTA for the relocation, protection, and <br />construction of any City -owned utilities and any utilities that are the subject of <br />franchise agreements approved by Santa Ana. Santa Ana shall review and <br />approve design criteria that affectthese City owned assets and all costs associated <br />with their relocation, protection, and construction shall be eligible project <br />expenditures. <br />OCTA shall initiate discussions with each public utility to rearrange or relocate its <br />public utility facilities that may be determined by OCTA and Santa Ana to conflict <br />with the Project. In the event the public utility fails to agree or fails to make the <br />rearrangement or relocation in a timely manner, Santa Ana shall exercise, assign <br />and invoke its rights under any state laws or under any applicable franchise as <br />requested by OCTA to effectuate such rearrangement or relocation to permit <br />OCTA to rearrange or relocate the utility in a timely manner. Santa Ana shall <br />cooperate with OCTA, shall provide assistance to OCTA as needed, and shall join <br />with OCTA as a party in the prosecution or defense of Santa Ana's and OCTA's <br />rights under the laws of the State of California to cause such rearrangements or <br />relocations. OCTA shall underground only those overhead utilities found in conflict <br />with the proposed Project elements. Additional undergrounding of overhead <br />utilities, if not in conflict with the Project, shall be considered a Betterment. <br />11 <br />L: \Camm\ CLERICAL \WORDPROC \AGREE \ag53295 SA OCTA MOU_Final 06.30.2015MOU.docx <br />