HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (5TH)1
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AMENDMENT NO. 5 TO
AGREEMENT NO. C -8 -1157
BETWEEN
A- 2012 - 088 -02
ORANGE COUNTY TRANSPORTATION AUTHORITY
l
FOR
CITY OF SANTA ANA FIXED - GUIDEWAY PROJECT
THIS AMENDMENT NO. 5 is effective this day of , 2014, by and between the
Orange County Transportation Authority ( "AUTHORITY"), and the City of Santa Ana ("CITY ").
WITNESSETH:
WHEREAS, by Agreement No. C -8 -1157 dated September 9, 2008, as last changed by
Amendment 4 dated May 1, 2013, AUTHORITY and CITY entered into a contract for CITY to construct
and operate a fixed guideway system linking Santa Ana Regional Transportation Center to Harbor
Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right -of -Way; and
WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for
an additional twelve (12) months in order to finalize the fixed guideway system at no increase to the
AUTHORITY's maximum cumulative payment obligation;
NOW, THEREFORE, it is mutually understood by AUTHORITY and CITY that Agreement
No. C -8 -1157 is hereby amended in the following particulars only:
1. Amend ARTICLE 6, IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10,
as changed by Amendment 4, dated May 1, 2013, to delete paragraph A in its entirety, and in lieu
thereof insert:
"A. This Agreement shall continue in full force and effect through acceptance of final
Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed
planning and conceptual engineering of PROJECT by AUTHORITY, or December 30, 2014, whichever
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AMENDMENT NO. 5
AGREEMENT NO. C -8 -1157
is sooner. This Agreement may only be extended upon written mutual agreement by both parties."
The balance of said Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement
No. C -8 -1157 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION
AUTHORITY
By By
David Cavazos
City Manager
ATTEST:
By: opt-& tt✓
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
By: (4-"
Sonia R. Carvalho
City Attorney
Dated:
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
By ✓�
Kennard R. Smart, Jr.
General Counsel
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A- 2012 - 088 -02
AMENDMENT NO. 5 TO
AGREEMENT NO. C -8 -1157
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
FOR
CITY OF SANTA ANA FIXED - GUIDEWAY PROJECT
THIS AMENDMENT NO. 5 is effective this day of bocembcr , 2013, by and between the
Orange County Transportation Authority ( "AUTHORITY "), and the City of Santa Ana ( "CITY ").
WITNESSETH:
WHEREAS, by Agreement No. C -8 -1157 dated September 9, 2008, as last changed by
Amendment 4 dated May 1, 2013, AUTHORITY and CITY entered into a contract for CITY to construct
and operate a fixed guideway system linking Santa Ana Regional Transportation Center to Harbor
Boulevard in the City of Garden Grove which includes the use of the Pacific Electric Right -of -Way; and
WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for
an additional twelve (12) months in order to finalize the fixed guideway system at no increase to the
AUTHORITY's maximum cumulative payment obligation;
NOW, THEREFORE, it is mutually understood by AUTHORITY and CITY that Agreement
No. C -8 -1157 is hereby amended in the following particulars only:
1. Amend ARTICLE 6. IT IS MUTUALLY UNDERSTOOD AND AGREED, page 7 of 10,
as changed by Amendment 4, dated May 1, 2013, to delete paragraph A in its entirety, and in lieu
thereof insert:
"A. This Agreement shall continue in full force and effect through acceptance of final
Alternatives Analysis, and draft final NEPA, and CEQA documents, including associated detailed
planning and conceptual engineering of PROJECT by AUTHORITY, or December 30, 2014, whichever
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AMENDMENT NO. 5
AGREEMENT NO. C -8 -1157
is sooner. This Agreement may only be extended upon written mutual agreement by both parties."
The balance of said Agreement remains unchanged.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to Agreement
No. C -8 -1157 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION
By
David Cavazos
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
By: { f, -L— Lo 0 0( Z
Sonia R. Carvalho
City Attorney
Dated: `'Z-2 — 1 LI
AUTHORITY
By — Lqa
Meena Katakia r '
Manager, Capital Projects
APPROVED AS TO FORM:
By
Kennard R. Smart, Jr.
General Counsel
Page 2 of 2