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HomeMy WebLinkAboutORANGE COUNTY TRANSPORTATION AUTHORITY - 20171 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O".!VJACZ) COOPERATIVE AGREEMENT NO. C-6-1433 AND CITY OF SANTA ANA FOR USE OF THE CITY RIGHT OF WAY THIS AMENDMENT NO. 1 is effective this day of A-2017.340 2017, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public entity of the State of California (herein referred to as "AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred to as "CITY") each individually known as "Party" and collectively known as "Parties". RECITALS WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred to as the "Agreement"; and WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being provided under a Federal Transit Administration ("FTA") grant; and WHEREAS, the FTA grant contains certain requirements, one of which relates to the disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds "Federally Assisted Property"; and WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property; and 1274963.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-1433 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR USE OF THE CITY RIGHT OF WAY THIS AMENDMENT NO. 1 is effective this day of ��� 2018, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public entity of the State of California (herein referred to as "AUTHORITY"), and the City of Santa Ana, a charter city and municipal corporation (hereafter referred to as "CITY") each individually known as "Party" and collectively known as "Parties". RECITALS WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated March 17, 2017 in which the AUTHORITY and CITY agreed that the City's ROW would be utilized for the OC Streetcar System, identified as Cooperative Agreement No. C-6-1433, and hereinafter referred to as the "Agreement"; and WHEREAS, the financing of the OC Streetcar Project is in part being paid from monies being provided under a Federal Transit Administration ("FTA") grant; and WHEREAS, the FTA grant contains certain requirements, one of which relates to the disposition of OC Streetcar System property which is paid in whole or part with FTA grant funds "Federally Assisted Property"; and WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property; and 1274963.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1433 WHEREAS, the AUTHORITY and the CITY desire to amend the Agreement to make its provisions consistent with FTA grant requirements relating to the disposition of OC Streetcar System property that meets the definition of Federally Assisted Property. NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY that Agreement No. C-6-1433 is hereby amended in the following particulars only: 1. Amend ARTICLE 1. DEFINITIONS, to insert the following : "N. `Federally Assisted Property' means the OC Streetcar System improvements which are paid in whole or part with FTA grant funds." 2. Amend "Exhibit B, Use of City Right of Way", by deleting in its entirety paragraph 9.0 entitled "Duty to Restore", and replace with "Amendment No. 1 to Exhibit B, Use of City Right of Way', paragraph 9.0 Duty to Restore, which is attached hereto and by this reference incorporated herein. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Agreement No. C-6-1433 to be executed on the date first written above. CITY OF SANTA ANA By: Raul Godine II City Manager APPROVED AS TO FORM: By: SYi-a Carvalho City Attorney ATTEST: By: M ria D. Huizar Clerk of the City Council Dated: l�z"21' r ORANGE COUNTY TRANSPORTATI N AU HORITY By: Meena Katakia Manager, Capital Projects 0 :tames M. Donich General Counsel Please return an origina- executed agreement to our office (M -30/T11) Fled KAbusavipour, Executive Director Page 2 of 2 Public Works Agency L:\Carom\CLERICAL\WORDPROC\AGREE\AMEND\AM 161433.docx 1274963,1 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-1433 EXHIBIT B USE OF CITY RIGHT OF WAY 9.0 DUTY TO RESTORE A Upon the expiration of this Agreement, or earlier termination or partial termination of Authority Use Rights and/or this Agreement, all OC Streetcar System improvements located on Occupied City ROW as to which Authority Use Rights have been terminated shall, at the option of the CITY, as to any or all of the OC Streetcar System improvements, be removed by the AUTHORITY, and the Occupied City ROW shall be restored to a condition consistent with CITY standard plans and the then current condition of adjoining streets or other public facilities with respect to grade, appearance, quality, finish, and type of construction, at the sole cost and expense of the AUTHORITY. Restoration shall be performed within one hundred eighty (180) days of such expiration or termination, or such longer period as shall be required by the nature of the work and agreed to by the CITY and the AUTHORITY. For any improvements left intact at the option of the CITY, CITY shall retain all ownership and possession thereof at no cost to CITY. B. Notwithstanding the foregoing, any OC Streetcar System improvements which constitute Federally Assisted Property, as defined below, shall remain the property of AUTHORITY and AUTHORITY shall have the right to remove all such Federally Assisted Property at its sole cost and expense. The CITY shall have the option to purchase such Federally Assisted Property and/or have AUTHORITY leave the Federally -Assisted Property in place, provided that the CITYS purchase of the Federally Assisted Property is in accordance with applicable law and Federal Transit Administration ("FTA") grant requirements. AUTHORITY is required to comply with FTA regulations when disposing of any OC Streetcar Systems improvements that are financed in in whole or part with FTA assistance ("Federally Assisted Property"). The FTA grant requirements set forth a process and methodology for disposing of the Federally Assisted Property, calculating the Federal interest, and returning to the FTA proceeds from the sale of such Federally Assisted Property." Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A-2017-340 AMENDMENT NO.1 TO O, fns A COOPERATIVE AGREEMENT NO. C-6-1433 kt,'k�L�t'e,2 BETWEEN ' ORANGE COUNTY TRANSPORTATION AUTHOI AND CITY OF SANTA ANA FOR USE OF THE CITY RIGHT OF AY THIS AMENDMENT NO. 1 is effective this day of , 2019 by and between the Orange County Transportation Authority, 50 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public entity of t e State of California (herein referred to as "AUTHORITY"), and the City of Santa Ana, a charte city and municipal corporation (hereafter referred to as "CITY") each individually known as "Party" nd collectively known as "Parties". CITALS WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement No. C-6-1433, dated March 17, 2017 in which the AUTHOR! T and CITY agreed that the City's ROW would be utilized for the OC Streetcar System, identified a Cooperative Agreement No. C-6-1433, and hereinafter referred to as the "Agreement"; and WHEREAS, the financin of the OC Streetcar Project is in part being paid from monies being provided under a Federal Tr sit Administration ("FTA") grant; and WHEREAS, the F A grant contains certain requirements, one of which relates to the disposition of OC Stre tcar System property which is paid in whole or part with FTA grant funds "Federally Assisted roperty"; and WHEREAS, the FTA has informed the CITY and AUTHORITY that the Agreement is not entirely consistent with FTA requirements relating to the disposition of Federally Assisted Property; and 1274963.1