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A-2015-127 <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 � I "'r day of <br />Auu 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 I RECITALS <br />WHEREAS, OCTA, in cooperation with the Federal Transit Administration and the City of <br />Santa Ana, is proposing to design, construct, operate and maintain the Santa Ana/Garden <br />Grove Streetcar. The Santa Ana/Garden Grove Streetcar refers to the Locally Preferred <br />Alternative as identified by the Santa Ana City Council on August 5, 2014 and approved <br />through the certification of the Environmental Impact Report by the Santa Ana City <br />Council on January 20, 2015 ("Project"). A map of the alignment is included as EXHIBIT <br />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 the <br />roles, responsibilities and expectations of the Streetcar System operating in the Santa <br />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 />L:\Camm\CLERICAL\WORDPROC\AGREE\ag53295 SA OCTA MOU—Final 06.30,2015MOU.docx <br />