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OCTA MEMORANDUM OF UNDERSTANDING NO. C -5 -3295 <br />18. "Site Plan Review" is the process by which City agencies review development project <br />submittals and identify the requirements and conditions of approval for a development <br />project. <br />19. "Start Up and Testing" means the testing of the streetcar infrastructure by operations <br />personnel in preparation for revenue service. <br />20. "Streetcar System" is the operating streetcar and all streetcar infrastructure including <br />the track, the overhead contact system (wires, poles, conduits, and appurtenances), <br />the traction power system (substations, conduits, controllers, and appurtenances), <br />streetcar signage, stations or stops (lighting, shelters, and all stop features) and <br />utilities supporting the streetcar system from point of service. <br />21 `Total Proiect Cost" means the Actual Project Cost plus the cost of Betterments. <br />22. "Work Plan" is defined as that document which the Parties agree is the scope of non - <br />duplicative work and services performed by City staff to be funded by OCTA. <br />SECTION 3 GENERAL <br />1. This MOU shall be effective upon approval of both Parties, and shall continue in full <br />force and effect through final acceptance of the Project or June 30, 2020, whichever <br />is later, unless superseded by subsequent agreements which will control in the event <br />of conflicting language. <br />2. OCTA shall be responsible for the delivery of this Project including the design, right - <br />of -way engineering, right -of -way acquisition and utility relocations, construction, start <br />up, operations, procurements, management, and administration. If necessary, OCTA <br />and the City shall cooperate in implementing eminent domain proceedings as <br />discussed in 6.3.1. Once operational, OCTA is responsible for the ownership, <br />operations, maintenance, insurance and liability of the Streetcar System. <br />3. The Parties agree to work in partnership during the implementation of the Project. <br />4. The Parties shall comply with all applicable laws, statues, ordinances and regulations <br />of any governmental authority having jurisdiction over the Project. <br />5. The Parties shall in good faith negotiate the Design Agreement and Construction <br />Agreement to address the roles, responsibilities, and expectations during the design <br />and construction phase of the Project. Additionally, the Parties shall in good faith <br />negotiate a Public Way Use Agreement and Operations and Maintenance Agreement <br />which shall address OCTA's use of the Santa Ana public way and the Streetcar <br />System operations and maintenance. Each agreement shall expand on the concepts <br />outlined and contemplated in this MOU. <br />4 <br />L: \Camm \CLERICAL \WORDPROC \AGREE \ag53295 SA OCTA MOU—Final 06.30.2015MOU.docx <br />