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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <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 />AMENDMENT NO.1 TO <br />COOPERATIVE AGREEMENT NO. C-6-1433 <br />BETWEEN <br />ORANGE COUNTY TRANSPORTATION AUTHORITY <br />AND <br />CITY OF SANTA ANA <br />FOR <br />USE OF THE CITY RIGHT OF WAY <br />THIS AMENDMENT NO. 1 is effective this day of ��� 2018, by and <br />between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, <br />Orange, California 92863-1584, a public entity of the State of California (herein referred to as <br />"AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred <br />to as "CITY") each individually known as "Party" and collectively known as "Parties". <br />RECITALS <br />WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated <br />March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for <br />the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred <br />to as the "Agreement"; and <br />WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being <br />provided under a Federal Transit Administration ("FTA") grant; and <br />WHEREAS, the FTA grant contains certain requirements, one of which relates to the <br />disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds <br />"Federally Assisted Property"; and <br />WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not <br />entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property; <br />and <br />1274963.1 <br />