HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-8-1157) (4TH)A- 2012 - 088-01
AMENDMENT NO. 4 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.4 is effective this day of , 2013, by and between the
Orange County Transportation Authority ( "AUTHORITY "), and the City of Santa Ana ( "CITY ")
WHEREAS, by Agreement No. C -8 -1157 dated September 9, 2008, as last changed by
Amendment 3 dated November 29, 2012, 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 five (5) 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 3, dated November 29, 2012, 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
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AMENDMENT NO. 4
AGREEMENT NO. C -8 -1157
planning and conceptual engineering of PROJECT by AUTHORITY, or December 30, 2013, whichever
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. 4 to Agreement
No. C -8 -1157 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION
AUTHORITY
By
ATTEST:
Interim City Manager
By:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
i
By: /}` /} tom{ "1211
G
Sonia R. Carvalho
City Attorney
Dated:
L: \Camm \Michael Le\Amendments \C81157 City of Santa Ana\C- &1157 AM 4.doc
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
By U
Kennard R. Smart, Jr.
General Counsel
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., M-4U 14 -U2
AMENDMENT NO.4 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.4 is effective this day of Magi 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 3 dated November 29, 2012, 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-
M
WHEREAS, both AUTHORITY and CITY have agreed to extend the term of the Agreement for
an additional five (5) 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. G8 -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 3, dated November 29, 2012, 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
Page 1 of 2
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2
3
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AMENDMENT NO. 4
AGREEMENT NO. C -8 -1157
planning and conceptual engineering of PROJECT by AUTHORITY, or December 30, 2013, whichever
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. 4 to Agreement
No. C -8 -1157 to be executed on the date first above written.
CITY OF SANTA ANA
0
Interim City Manager
ATTEST:
By:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
By:
Sonia R. Carvalho
City Attorney
Dated:
l9CammWichael WAMondments =1157 My of Santa AnaTP 1157 AM 4.doc
ORANGE COUNTY TRANSPORTATION
AUTHORITY
By
Meena Katakia
Manager, Capital Projects
APPROVED AS TO FORM:
By (� U
Kennard R. Smart, Jr.
General Counsel
Page 2 of 2