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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />s <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 />27 <br />COOPERATIVE AGREEMENT NO. C-94-859 <br />pursuant to Government Code Section 895.4, the CITY shall fully indemnify, defend and hold the <br />AUTHORITY and/or SCRRA harmless from any liability imposed for injury (as defined by <br />Government Code Section 810.8), occurring by reason of anything done or omitted to be done by <br />the CITY in connection with the CITY's responsibilities under this Agreement. <br />3.08 Station Security. The CITY shall arrange for and fund the provision of security for the Non - <br />Operating Property. CITY standards shall be used to determine the level of security to be <br />provided for the Non -Operating Property. <br />3.09 Commuter/Intercity Rail Parking. The CITY will perform all the appropriate planning, zoning, <br />and permit activities necessary to ensure sufficient station parking is reserved for rail commuters. <br />The CITY shall make good faith efforts to provide a minimum of three hundred (300) spaces for <br />commuter rail parking at SARTC. Should OCTA establish through a parking study that passenger <br />rail parking utilization has reached 85% capacity for a period of six (6) months, the CITY shall <br />make good faith efforts to provide a minimum number of spaces for commuter rail parking as <br />determined in the study up to a maximum of five hundred (500) spaces. In the event that an <br />increase in parking is required, OCTA shall provide all parking control equipment necessary to <br />control access. <br />3.10 Sublease. The CITY may sublease or grant privileges or concessions at SARTC; excepting <br />therefrom the Standard Platform and the OC Streetcar System Property. The CITY may sublease <br />or grant privileges or concessions on the Standard Platform or the OC Streetcar System Property <br />as mutually agreed, in writing, between the AUTHORITY and the CITY. <br />3.11 Grant of Easement. The CITY shall, at no cost, grant to AUTHORITY an exclusive <br />easement(s) for use of the OC Streetcar System Property for those purposes set forth in this <br />Agreement in the area generally depicted as OC Streetcar System Property in Exhibit B, <br />Commuter Rail/Intercity Rail Station. The precise terms and conditions of the easement(s) shall <br />be as agreed upon by the Parties and set forth therein. Upon recordation of the easement(s), it <br />shall be attached to this Agreement and be incorporated herein as Exhibit E, entitled "OC <br />Streetcar System Property Easements". To the extent that any terms and conditions of the <br />Page 6 of 13 <br />I:\ca mm\clerica I\wo rd proc\agree\ag94859fi n a l.051717vrl.docx <br />