HomeMy WebLinkAboutCA DEPT TRANSPORTATION 5A - 2004
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12-0ra
Patricia Lane Scenic
Enhancements in the City of
Santa Ana
PP NO: 9719
EA 12-0C0800
Funding Source: SHOPP-TEA
District Agreement No; 12-419 Al
AMENDMENT NO.1 TO AGREEMENT
This AMENDMENT NO.1 TO AGREEMENT ("Amendment"), entered into effective on
M ~y 3 ' 2004 is between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF SANTA ANA, a charter
city existing and organized under
the laws of the State of California,
referred to herein as "CITY".
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RECITALS
1. The parties hereto entered into an Agreement (Document No. 015491) on March 25,
2003. Said Agreement defined the terms and conditions of a project consisting of
acquiring and financing right of way and developing and constructing a Scenic
Enhancement near Interstate 5 on Patricia Lane in the City of Santa Ana, referred to
herein as "PROJECT".
2. As part of PROJECT, CITY will acquire eight (8) pieces of real property from STATE,
referred to hereafter as the "PROPERTIES", which are more particularly described in
Exhibit "CO, attached to and made a part of this Amendment. The total fair market
value of those PROPERTIES was determined to be $376,790 on November 14, 2003.
STATE will contribute STATE's 69% proportionate interest in PROPERTIES, a value of
$259,985, to CITY for PROJECT, hereinafter referred to as "PROPERTY VALUE
CONTRIBUTION". Further, STATE's PROPERTY VALUE CONTRIBUTION to CITY for
PROJECT is above and beyond the $439,000 of STATE-managed TEA funds for
PROJECT.
3. The original Agreement (Document No. 015491) sets STATE's total PROJECT obligation
at $533,000 and it has been determined that STATE's total PROJECT obligation has
been changed. STATE will now provide to CITY for PROJECT up to $439,000 in STATE-
managed TEA funds and STATE's PROPERTY VALUE CONTRIBUTION.
4. The purpose of this Amendment is to acknowledge STATE's PROPERTY VALUE
CONTRIBUTION, to decrease the STATE -managed TEA fund amount (which excludes
STATE's PROPERTY VALUE CONTRIBUTION) for PROJECT from $533,000 to $439,000,
and to redistribute that amount to Capital Right of Way Acquisition, Preliminary
Engineering, Construction Engineering and Capital Construction shown in revised
Exhibit B, dated January, 30, 2004, attached to and made a part of this Amendment,
superseding Exhibit B shown in the original Agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 4 of Recitals section of the original Agreement (Document No. 015491) is hereby
amended by deleting the paragraph in its entirety and replacing it with the following new
paragraph:
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"4. STATE desires to provide STATE-managed TEA funds, up to 75.2% of the eligible
PROJECT costs, as described in Exhibit B, not to exceed the amount of $439,000 to
CITY for PROJECT. Said amount of TEA-managed Funds to be provided by STATE to
CITY does not include STATE's PROPERTY VALUE CONTRIBUTION to CITY for
PROJECT."
2. New article, Article 4.1 is hereby added to the Recitals section of the original Agreement
(Document No. 015491) to read as follows:
"4.1. CITY will acquire PROPERTIES for PROJECT. STATE will contribute PROPERTY
VALUE CONTRIBUTION to CITY for PROJECT. STATE's PROPERTY VALUE
CONTRIBUTION to CITY for PROJECT is above and beyond the STATE-managed TEA
funds that will be provided by STATE pursuant to the terms of this Agreement."
3. Article 2 of Section I of the original Agreement (Document No. 015491) is hereby amended
by deleting the paragraph in its entirety and replacing it with the following new paragraph:
"2. To bear all actual cost of PROJECT, including all capital and support costs, in excess
of STATE-managed TEA funds of $439,000 and STATE's PROPERTY VALUE
CONTRIBUTION. Estimated costs of PROJECT are shown in Exhibit R"
4. Article 3 of Section I of the original Agreement (Document No. 015491) is hereby amended
by deleting the paragraph in its entirety and replacing it with the following new paragraph:
"3. To submit invoices to STATE for reimbursement of PROJECT expense incurred by
CITY. In no event shall STATE's share toward PROJECT costs, excluding STATE's
PROPERTY VALUE CONTRIBUTION, exceed 75.2% of the eligible PROJECT costs or
$439,000, whichever is less. Invoices shall be submitted on CITY letterhead to STATE
Project Manager. Invoices will be prepared in the manner as described in Chapter 5,
Accounting/Invoices, of the Local Assistance Procedures Manual."
5. Article 1 of Section II of the original Agreement (Document No. 015491) is hereby amended
by deleting the paragraph in its entirety and replacing it with the following new paragraph:
"1. Upon receipt of detailed invoices from CITY, to reimburse CITY for eligible PROJECT
costs incurred under this Agreement, up to the amount of $439,000, which figures
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represents solely STATE-managed TEA fund contribution, excluding STATE's
PROPERTY VALUATION CONTRIBUTION."
6. Article 2 of Section II of the original Agreement (Document No. 015491) is hereby amended
by deleting the paragraph in its entirety and replacing it with the following new paragraph;
"2. STATE-managed TEA fund contribution for eligible PROJECT costs, excluding
STATE's PROPERTY VALUE CONTRIBUTION, shall be up to 75.2% of the eligible
PROJECT costs, not to exceed $439,000 for right of way acquisition, design and
construction costs, as shown on Exhibit B."
7.
New article, Article 3 is hereby added to Section II of the original Agreement (Document
No. 015491) to read as follows;
"3.
To contribute STATE's PROPERTY VALUE CONTRIBUTION and transfer title of
PROPERTIES to CITY for PROJECT upon satisfaction of terms and conditions of the
Purchase and Sales Agreement(s) to be executed by STATE and CITY for PROPERTIES,
Article 6, Section I of this Agreement, and approval of the sale of PROPERTIES by the
California Transportation Commission."
8.
New article, Article 7.1 is hereby added
(Document No. 015491) to read as follows:
to Section III of the original Agreement
"7.1 STATE and CITY agree that the total fair market value of PROPERTIES was
determined to be $376,790 on November 14, 2003. STATE and CITY further agree that
CITY will utilize STATE-managed TEA funds and/or CITY funds to pay STATE, on
Orange County Transportation Authority behalf, in the amount of $116,805 for Orange
County Transportation Authority's proportionate interest, which is determined 31% of
the fair market value of PROPERTIES. STATE and CITY acknowledge and agree that
STATE's PROPERTY VALUE CONTRIBUTION to CITY for PROJECT is above and beyond
the $439,000 of STATE -managed TEA funds described in this Agreement."
9. Article 8 of Section III of the original Agreement (Document No. 015491) is hereby amended
by deleting the paragraph in its entirety and replacing it with the following new paragraph:
"Any changes to PROJECT before, during or after PROJECT acquisition and/or
construction that does not comply with or is in conflict with TEA Program requirements
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may result in CITY being required to reimburse STATE the entire amount of TEA funds
contributed to the PROJECT, (including STATE's PROPERTY VALUE CONTRIBUTION to
CITY for PROJECT at the fair market value as of the acquisition andj or construction or
at the time the conflict andj or non-compliance is determined, whichever is the
greater. )"
10. Revised Exhibit B, dated January 30, 2004, attached to and made a part of this
Amendment, supersedes Exhibit B shown in the original Agreement (Document No.
015491).
11. New Exhibit C is hereby attached to this Amendment and deemed to be a part of the
original Agreement (Document No. 015491).
12. The other terms and conditions of said Agreement (Document No. 015491) shall remain
in full force and effect.
13. This Amendment is hereby deemed to be a part of the original Agreement (Document
No. 015491).
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STATE OF CALIFORNIA
Department of Transportation
TONY HARRIS
Acting Dire
By
ENRI ALONSO
D ty District Director, Project Delivery
bistrict 12
APPROVED AS TO FORM AND
Pl)°CEDURE:
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Attomeý'
Department of Transportation
CERTIFIED AS TO FUNDS:
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CERTIFIED AS TO FINANCIAL
TERMS AND POLICIES;
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District Agreement No. 12-419 Al
CITY OF SANTA ANA
By tðLhU.
DAVID N. REAM
City Manager
ATTEST:
?;d~i
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
JONrk:~
Executive Director of Parks,
Recreation, Community Services
Agency
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District Agreement No, 12-419 Al
12-0ra
Patricia Lane Scenic Enhancements in
the City of Santa Ana
PPNO: 9719
EA 12-0C0800
Funding Source: SHOPP-TEA
District Agreement No: 12-419 Al
EXHIBIT B
Revised June 28, 2004
ESTIMATED COST BREAKDOWN:
Description State's * City's * State's Property Total
(SHOPP-TEA) (Locall Funds Value Estimated Cost
Funds Contribution** for PROJECT*
Capital RjW $ 90,000 $ 30,000 $ 259,985 $ 379,985
Acquisition (8
Lotsl
Preliminary $ 38,000 $ 12,000 $ 50,000
Engineering
Construction $ 45,000 $ 15,000 $ 60,000
Engineering
Capital $ 266,000 $ 88,000 $ 354,000
Construction
TOTAL: $ 439,000 $ 145,000 $259,985 843,985
'Estimated Expenditures
** STATE will contribute STATE's 69% proportionate interest in PROPERTIES, a value of
$259,985 to CITY for PROJECT.
Note:
1. In the above
presentation
table, some of the values may have been rounded off to simplify the
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District Agreement No, 12-419 Al
12-0ra
Patricia Lane Scenic Enhancements in
the City of Santa Ana
PPNO; 9719
EA 12-0C0800
Funding Source: SHOPP-TEA
District Agreement No; 12-419 Al
EXHIBIT C
June 28, 2004
LEGAL DESCRIPTION OF REAL PROPERTY
Parcel No. DD073891-01-01
Those portions of Lots 35 through 40, inclusive, of Tract No, 1790 in the City of Santa Ana,
County of Orange, State of California, as per a map filed in Book 60, Page 9 of Miscellaneous
Maps in the office of the County Recorder of said county, taken together as a whole and lying
southwesterly of the California State Department of Transportation Right of Way Line, described
in part as follows;
California State Department of Transportation
Right of Way Line
Beginning at a point on the center line of Sixth Street (60,00 feet wide), distant thereon South
89°43'07" East, 280,14 feet from the intersection of said center line with the center line of
Patricia Lane (53,00 feet wide), as shown on said map, said point of intersection being on a non-
tangent curve, concave southwesterly and having a radius of 3717,81 feet (a radial line through
said point of intersection bears North 51°52'30" East); thence along said curve and said Right of
Way Line the following six (6) courses:
1), Northwesterly along said curve through a central angle of 05°30'23" an arc distance of
357,30 feet; thence non-tangent to said curve
2),North 44°45'36" West, 29,22 feet; thence
3),North 46°06'21" West, 251.61 feet; thence
4),North 50003'42"West, 193,84 feet; thence
5),North 54°26'55"We'st, 145.35 feet; thence
6),North 56°28'23" West, 5,09 feet to a point of intersection with the center line of Eastside
Avenue (80,00 feet wide), distant thereon North 00°30'07" East, 256,38 feet along said center
line of Eastside Avenue from its intersection with the center line of said Patricia Lane as shown
on said map,
TOGETHER WITH that portion described as follows
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Parcel No, DD073898-01-01
Those portions of Lots 42 through 43, inclusive, of Tract No, 1790 in the City of Santa Ana,
County of Orange, State of California, as per a map filed in Book 60, Page 9 of Miscellaneous
Maps in the office of the County Recorder of said county, taken together as a whole and lying
southwesterly of the California State Department of Transportation Right of Way Line, described
in part as follows;
California State Department of Transportation
Right ofWav Line
Beginning at a point on the center line of Sixth Street (60,00 feet wide), distant thereon South
89°43'07" East, 280,14 feet from the intersection of said center line with the center line of
Patricia Lane (53,00 feet wide), as shown on said map, said point of intersection being on a non-
tangent curve, concave southwesterly and having a radius of 3717,81 feet (a radial line through
said point of intersection bears North 51 °52'30" East); thence along said curve and said Right of
Way Line the following six (6) courses;
I), Northwesterly along said curve through a central angle of 05°30'23" an arc distance of
357,30 feet; thence non-tangent to said curve
2),North 44°45'36" West, 29,22 feet; thence
3),North 46°06'21" West, 251.61 feet; thence
4),North 50003'42"West, 193,84 feet; thence
5),North 54°26'55"West, 145,35 feet; thence
6),North 56°28'23" West, 5,09 feet to a point of intersection with the center line of Eastside
Avenue (80,00 feet wide), distant thereon North 00°30'07" East, 256,38 feet along said center
line of Eastside Avenue from its intersection with the center line of said Patricia Lane as shown
on said map,
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