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1997-0614_OC TRANSPORTATION AUTHORITY_Cooperative Agreement Amd No. 10 to AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT No. C-94-814 BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO THIS AMENDMENT NO. 1 is made and entered into this / `f day of fu ne 1997, by and between the Orange County Transportation Authority, 550 South Main Street, P. O. Box 14184, Orange, California 92613-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY") and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public corporation of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY and.CITY entered into a Cooperative Agreement dated March 15, 1994 (hereinafter referred to as "AGREEMENT") for design, construction, maintenance, and security for a commuter/intercity rail station located in San Juan Capistrano; and WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the purpose of redefining maintenance and liability obligations with respect to the North & South platforms of the project; NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows: 1. Section 3.03 is hereby amended in its entirety to read as follows: "3.03 Maintenance and repair. The CITY agrees, at no cost to the AUTHORITY, to maintain and repair the commuter/intercity rail station in good condition and order, and free from refuse, for the benefit of the public and the persons using the commuter/intercity rail station for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the said commuter/intercity rail station pursuant to this AGREEMENT. For the purpose of this AGREEMENT, "maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall refer to routine structural and plumbing upkeep, but shall not include striping, c:\wpwi060\wpdo \ecla\amrnd.agr -1- 06/09/97 SV AMENDMENT NO. 1 TO AGREEMENT NO. C-94-814 signage, passenger management or train operations. The CITY shall have the right to sublease or grant privileges or concessions within the station as may be mutually agreed between the AUTHORITY and the CITY in writing, and the right to retain all revenues derived therefrom. The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping installed about the commuter/intercity rail station pursuant to this AGREEMENT. CITY standards shall be used to determine the level of landscape maintenance to be provided. The CITY shall, at no cost to the AUTHORITY, maintain the commuter/intercity rail station, parking lots, and maintain and repair the North and South Platforms with respect to the 10 -foot strip which extends from the center line of the track to the yellow tactile strip, and all associated facilities with the exception of the ticket vending machines and ticket vending machine support facilities. The CITY also agrees to pay for all non-operating property utility costs, excluding the ticket vending machines and related equipment which will be paid by the AUTHORITY, and provide the required utility/service connections for the commuter/intercity rail station. CITY standards shall be used to determine the level of maintenance to be provided." 2. Section 4.06 is hereby amended in its entirety to read as follows: "Neither the CITY nor any officers, employees or agents thereof shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, the AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. c:\wpwin60\wpdo s\octa\ame d.agr -2- 06/09/97 AMENDMENT NO. 1 TO • AGREEMENT NO. C-94-814 In addition, in consideration of CITY'S voluntary undertaking of the maintenance obligations for the South and North portions of the platforms as described in Section 3.03, AUTHORITY hereby agrees to save, defend and hold harmless CITY, its elected and appointed officers, employees and agents harmless from any and all claims, liabilities, expenses, or damages of any nature arising out of maintenance and repair obligations for the North and South platforms (10 -foot strip extending from the center line of the track to the yellow tactile strip) CITY has assumed following the effective date of this contract amendment (Section 3.03.)" 3. All other terms of the March 15, 1994, Cooperative Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to the Agreement to be executed on the effective date first above written. COUNTY TRANSPORTATION AUTHORITY - C. ­YttCA, L'efExecutive Officer to form: Kennard R. Smart General Counsel Dated: C F SA JUAN CAPISTRANO ATTEST: J hn Greiner, Mayor Cheryl Joh on, G ty Clerk Approved as to form: John R. Shaw, City At r c:\"pwiu6O\�vpdoc%\octa`anrciid.agr -3- oeior,97 m OCTA BOARD OF DIRECTORS October 6, 1999 Thomas W. �Ison Chairman Laurann Cook Vice -Chairman Mr. William H. Huber Sarah L. Carr City of San Juan Capistrano Director 32400 Paseo Adelanto Cynthia Coad San Juan Capistrano, CA 92675 Director Tom Daly Director SUBJECT: AGREEMENT NO. C-94-814 Tim Keenan Director Miguel Pullen Director Dear Mr. Huber James SI a Director Todd Spitzer Enclosed for your records is a copy of the above -referenced subject. If you have any Director questions, please feel free to call me at (714) 560-5576 Michael Ward Director Susan Withrow Sincerely, Director Mike McManus Governor's . Ex-O%icic Member Arthur C. Brown Alternate Denise L. Heiser Charles V. Smith Office Specialist III Alternate Contracts Administration and Materials Management Gregory T. Winterbottom Alternate Enclosure Orange County Transportation Authority 550 South Main Street/P.O. Box 14184/Orange /California 92863-1584/(714)560-OCTA(6282) C-94-704 COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO THIS AGREEMENT (hereinafter the "AGREEMENT") is made and entered into this /Jr -�h day of MQrnh , 1994 by and between the Orange County Transportation Authority, 550 S. Main Street, Orange, California, 92613 (hereinafter referred to as "AUTHORITY") and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675, a public corporation of the State of California (hereinafter referred to as "CITY"). I. DEFINITIONS 1.01 Definitions. As used in this AGREEMENT, the following terms, phrases, words and their derivations, shall have meanings set forth herein. Words used in the present tense shall include the future tense. Words used in the singular shall include the plural, and the plural words shall include the singular. Words not specifically defined shall be given their common and ordinary meaning. a. "Operating property" shall refer to that property essential to railroad operations including but not limited to rails, ties, railroad bridge, ballast and that portion of the standard plaform which lies within ten (10) feet of the centerline of the track. Page 1 • b. "Non-operating property" shall refer to property, (excluding operating property, ticket vending machines and ticket vending machine support facilities), which includes support facilities for the commuter/intercity rail station adjacent to the operating property such as parking, platform facilities, landscaping areas, and the standard platform except for that portion which lies within ten (10) feet of the centerline of the track adjacent to the operating property. c. "Standard platform" shall refer to that certain type of rail passenger platform, the size, dimensions, and materials of which are set forth in more particular detail in the plans and specifications for the San Juan Capistrano station site, copies of which are maintained in the office of the CITY, and as further set forth in Exhibit "A" hereto which is incorporated by this reference. d. "Commuter/intercity rail station" shall refer to the commuter/ intercity rail passenger terminal, including non-operating property associated therewith, but not including the operating property nor the ticket vending machines and ticket vending machine support facilities. II. PURPOSE OF COOPERATIVE AGREEMENT 2.01 Design, Construction. Maintenance, and Security of Commuter/Intercity Rail Station. The purpose of this AGREEMENT shall be to set forth provisions for the design, construction, Page 2 9 0 maintenance, and security for a commuter/ intercity rail station located at San Juan Capistrano. III. RESPONSIBILITIES OF THE CITY 3.01 Commuter/ Intercity rail station construction. The CITY shall be the lead agency for the construction of the commuter/intercity rail station improvements. 3.02 Planning, zoning, and permits. The CITY shall obtain and comply with any and all approvals, permits, licenses and authorizations required by applicable law to enable it to fulfill its obligations hereunder and shall comply with all federal, state and local laws, regulations, rules and ordinances. Moreover, the CITY agrees to act as the lead agency on all planning, zoning and permit activities as required by California law. The CITY will apply for and secure, at the sole expense of the CITY, all permits required for the construction and operation of the commuter/intercity rail station. 3.03 Maintenance and repair. The CITY agrees, at no cost to the AUTHORITY, to maintain and repair the commuter/ intercity rail station in good condition and order, and free from refuse, for the benefit of the public and the persons using the commuter/ intercity rail station for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the said commuter/intercity rail station pursuant to this AGREEMENT. For the purpose of this Page 3 AGREEMENT, "maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall refer to routine structural and plumbing upkeep, but shall not include striping, signage, passenger management or train operations. The CITY shall have the right to sublease or grant privileges or concessions within the station as may be mutually agreed between the AUTHORITY and the CITY in writing, and the right to retain all revenues derived therefrom. The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping installed about the commuter/ intercity rail station pursuant to this AGREEMENT. City standards shall be used to determine the level of landscape maintenance to be provided. The CITY shall, at no cost to the AUTHORITY, maintain the commuter/ intercity rail station, parking lots, and platform and all associated facilities with the exception of the ticket vending machines and ticket vending machine support facilities. The CITY also agrees to pay for all non-operating property utility costs, excluding the ticket vending machines and related equipment which will be paid by the AUTHORITY, and provide the required utility/service connections for the commuter/intercity rail station. City standards shall be used to determine the level of maintenance to be provided. 3.04 Insurance. The CITY agrees to obtain and maintain liability insurance or self-insurance for the commuter/ intercity rail station and maintain this insurance in good standing. 3.05 Indemnity. Neither the AUTHORITY nor any officers, employees or agents thereof shall be responsible for any damage or liability Page 4 occurring by reason of anything done or omitted to be done by the CITY in connection with the CITY's responsibilities for the commuter/ intercity rail station under this AGREEMENT, including any liability for the parking facilities located at the commuter/ intercity rail station site and the CITY parking facilities property. The CITY shall be solely responsible for handling and processing any and all claims relating to the parking facilities located at the commuter/ intercity rail station site and the City parking facilities property. It is also understood and agreed that, pursuant to Government Code Section 895.4, the CITY shall fully indemnify, defend and hold the AUTHORITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by the CITY in connection with the CITY's responsibilities for the commuter/ intercity rail station under this AGREEMENT, including any liability for the parking facilities located at the commuter/ intercity rail station site and the CITY parking facilities property. 3.06 Station security. The CITY shall arrange for and fund the provision of security for the non-operating property at the commuter/ intercity rail station to insure public and vehicle safety. For purposes fo this AGREEMENT, "security" shall not include ticket sales, train operations, passenger or guest management, crowd control or other public safety activities related to the operating property or train operations. City standards Page 5 shall be used to determine the level of security to be provided for the non-operating property. 3.07 Commuter/intercity rail barking. The CITY shall make good faith efforts to provide parking for rail commuters. 3.08 Assignment to another agency. The parties to this AGREEMENT hereby acknowledge and agree that at some future date, the CITY may, at its option, assign its rights, interest, duties and obligations under this AGREEMENT to another party upon thirty (30) days written notice to and approval by the AUTHORITY. Such approval shall not be unreasonably withheld. IV. RESPONSIBILITIES OF AUTHORITY 4.01 Incremental Station Costs. The AUTHORITY shall fund the incremental station costs as set forth in the San Juan Capistrano Station Cost Estimate (Exhibit "B"). 4.02 Design, engineering, and construction. The AUTHORITY shall fund the design, engineering, and construction of the commuter/ intercity rail station facilities as set forth the San Juan Capistrano Cost Estimate (Exhibit "B"). 4.03 Platform lease. Upon station completion, the AUTHORITY shall lease the standard platform as shown in the Platform Plans and Specifications (Exhibit "A") to the CITY for one dollar ($1.00) per year. This AGREEMENT constitutes the lease AGREEMENT between the AUTHORITY and the CITY. Page 6 0 0 4.04 Ticket vending machine maintenance. The AUTHORITY shall provide and fund maintenance for the ticket vending machines and related equipment. 4.05 Insurance. OCTA shall maintain adequate liability insurance or self-insurance for the operating property. OCTA shall maintain adequate liability insurance or self insurancce for the ticket vending machines and ticket vending machine support facilities, and shall name the CITY as an additional insured on the OCTA's policy, as pertains to the ticket vending machines and ticket vending machine support facilities. 4.06 Indemnitv. Neither the CITY nor any officers, employees or agents thereof shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code SEction 895.4, the AUTHORITY and the SORRA shall fully indemnify, defend and hold the CITY harmless from any liability imposed for injury (as defined by Government Code SEction 810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. 4.07 Assignment to another agency. The parties to this AGREEMENT hereby acknowledge and agree that at some future date, the AUTHORITY may, at its option, assign its rights, interest, duties, Page 7 0 0 and obligations under this AGREEMENT to another party with thirty (30) days written notice to the CITY. V. NOTICES 5.01 Notices to parties. Any and all notices or communications required or permitted by this AGREEMENT or by law to be delivered to, served on, or given to either party to this AGREEMENT by the other party to this AGREEMENT shall be in writing and shall be deemed properly delivered, served, or given to the party directed, to or in lieu of each such personal service, when deposited in the United States mail, first-class postage prepaid, and addressed to: Orange County Transportation Authority 550 South Main Street P.O. Box 14134 Orange, CA 92613-1584 Attention: Manager, Contract Administration and Materials Management City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: City Manager Either party may change its mailing address for the purposes of this paragraph by giving written notice of such change to the other party. LVAN MISCELLANEOUS 6.01 Consents and Approvals. Any and all consents and approvals provided for or permitted by this AGREEMENT shall be in writing, IM 0 0 and a signed copy thereof shall be filed and kept with the books of this AGREEMENT. 6.02 Entire Agreement. This document and the attachments hereto contain and constitute the entire understanding and agreement between the parties with respect to the subject matter hereof. 6.03 Amendments. This AGREEMENT may be amended or modified in any way by an instrument in writing, stating the amendment or modification, signed by the parties hereto. 6.04 Severability. In case any one or more provisions contained in this AGREEMENT shall for any reason be held invalid or illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof; and this AGREEMENT shall be construed as such if such invalid, illegal, or unenforceable provisions had never been contained herein. 6.05 Headings and Subtitles: Headings and subtitles of this instrument have been used for convenience only and do not constitute matter to be considered as interpreting this AGREEMENT. 6.06 Attorneys Fees. In the event of any dispute hereunder or any proceeding to enforce the provisions hereof, the prevailing party in such dispute or proceeding shall be entitled to recover, among other things, all costs, reasonable attorney's fees and reasonable disbursements, regardless of whether such dispute or proceedings are handled by attorneys or employees of such party or outside counsel. "Prevailing party in any dispute or proceeding" shall be the party who obtains substantially all the relief sought by such Page 9 0 0 party in such action or proceedings, regardless of whether final court judgement is entered. 6.07 No waiver on default. No waiver of any right or failure to exercise any remedy with respect to any matter or event which is the subject of this AGREEMENT shall be or be deemed to be a waiver of such right or remedy with respect to any other matter or event, or to contitute a precedent for the purposes of interpretation of this AGREEMENT. 6.O9 Governing Law. This AGREEMENT shall be governed by and shall be construed in accordance with the laws of the State of California. VII. TERMINATION OF AGREEMENT 7.01 Acts Constituting Termination. This AGREEMENT shall commence on the date this AGREEMENT is executed and shall continue until: a. Terminated by either party ninety (90) days after delivery of written notice to the other party; b. The sale or transfer of title, after completion of development of the commuter/intercity rail station; C. Voluntary or involuntary transfer or assignment by either party hereto without the consent of the other party of any of the rights, title, or obligations set forth in this AGREEMENT; d. Mutual agreement of the parties hereto to terminate this AGREEMENT; or Page 10 0 0 e. Any default or breach of this AGREEMENT by either party hereto which has not been cured within thirty (30) days after notice of such default by the other party, or such later time as is reasonably necessary if the default cannot be reasonably cured within such thirty (30) day period. VIII. ACCEPTANCE 8.01 Acceptance of Agreement. The undersigned, having read the foregoing, accept and agree to the terms set forth therein. ORANGE COUNTY TRANSPORTATION AUTHORITY Oftelie f Executive Officer Approved as to Form: Kennard R. Smart, General Counsel CITY OF SAN JUAN CAPISTRANO Zolle. Mayor Dated -;X Z Dated: App ved as to fo ichard K. Denhalter � /_ /f City Attorney l 5! y Page 11 0 0 EXHIBIT A PLAN SHEET INDEX FOR SAN JUAN CAPISTRANO PLATFORM SITE 1 TITLE SHEET 2 SITE PLAN 3 ENLARGED FLOOR PLANS 4 BUILDING ELEVATIONS 5 BUILDING SECTIONS 6 BUILDING SECTIONS 7 INTERIOR ELEVATIONS AND SCHEDULES 8 FOUNDATION AND FRAMING PLAN 9 KIOSK PLAN 10 DRAINAGE PLAN S-1 SIGN PROGRAM MP -1 PLUMBING/MECHANICAL PLANS AND DETAILS E1 ELECTRICAL PLAN TI LANDSCAPE TITLE SHEET L1 IRRIGATION PLAN L2 PLANTING PLAN L3 IRRIGATION DETAILS L4 PLANTING DETAILS ( k m E c E -L e E � E � � c 0 @ % .§ 2 w 7 0 U E 0 k U) 0 c cz EL 0 U � 2 =3 E e U) ■ a § k § ± C6 /d = m <6 \ / } / 2 / $ - [ o o / 'r- 0 \ + / -- - E .2 - 3 v o /- \ \) \ §02 . \| ± C ] LL , b a ) o 2 )/0 _ \ ;f;§k§r-0 e o o== - / -) k _cc _ �� o§_ o>_ 7 « e _o k 0 7! 0) W; ) 3 0 Cc - f \ CL e a ( 2 3 § 7 c cm a a # § § � � k CL \ PIA • • AGENDA ITEM June 1, 1999 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of Amendment No. 1 to the City of San Juan Capistrano/Orange County Transportation Authority Cooperative Agreement (Railroad Platforms) RECOMMENDATION By motion, approve the Cooperative Agreement Amendment No. 1 with the Orange County Transportation Authority (OCTA) redefining maintenance and liability obligations with respect to the North and South Railroad Platforms and authorize the Mayor to execute the Agreement on behalf of the City. SITUATION A. Summary and Recommendation In March 1994, the City entered into a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the design, construction, maintenance, security and liability responsibilities regarding the Railroad Platform south of Verdugo Street. With completion of the Railroad Platform north of Verdugo Street in April 1996, Staff is recommending approval of Amendment No. 1 to the Agreement to redefine maintenance and liability obligations with respect to the North and South Platforms. B. Background In 1989, City Staff, in conjunction with Franciscan Plaza Investment Group and Blair Ballard Architects, began the design of a railroad platform south of Verdugo Street. On August 25, 1993, the construction contract was awarded to ARA Engineering Contractors. Construction of the South Platform started September 27, 1993, and was opened on March 24, 1994. FOR CITY COUNCIL AGEND91 0 AGENDA ITEM -2- June 1, 1999 In March 1993, the Orange County Transportation Authority became the new owners of the right-of-way and as a result, new lighting, signage and equipment requirements were placed on the project in order to make the platform usable by Metrolink. The City, in conjunction with OCTA and Metrolink designed the south platform plans to accommodate the new requirements. OCTA prepared a financial plan as part of the Cooperative Agreement to reimburse the City for approximately $55,000 of costs associated with those requirements. The Agreement was executed in March 1994 by the City. Amendment No. I amends sections 3.03 and 4.06 of the original agreement. This increases the City's maintenance and platform repair obligation for the south platform and adds the north platform. In return, OCTA agrees to hold the City harmless from claims arising from the additional obligations from the center line of the track to the yellow tactile strip. COMMISSION/BOARD REVIEW. RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS The Cooperative Agreement Amendment No. 1 commits the City to both routine and long-term repair and maintenance of the North Platform facilities. Annual routine electrical costs for the North Platform are estimated to be $2,000. A total of $6,500 is covered in the City's maintenance budget for all platform maintenance costs. NOTIFICATION Debbie Woods, Amtrak OCTA Guy Edwards, Manna Station Metrolink ALTERNATE ACTIONS I. Approve the Cooperative Agreement Amendment No. 1 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute the Agreement on behalf of the City. 2. Do not approve the Cooperative Agreement Amendment No. 1. 3. Request more information from Staff. 0 0 AGENDA ITEM -3- June 1, 1999 RECOMMENDATION By motion, approve the Cooperative Agreement Amendment No. 1 with the Orange County Transportation Authority (OCTA) redefining maintenance and liability obligations with respect to the North and South Railroad Platforms and authorize the Mayor to execute the Agreement on behalf of the City. Respectfully submitted, G�4e� s,61 William M. Huber, P.E. Director of Engineering & Building WMH/BP:ssg Attachment No. 1: Attachment No. 2: a:\agendas\6-Iocta.bp Pre aced by I Brian Perry, P.E. Project Manager Cooperative Agreement, March 15, 1994 Cooperative Agreement Amendment No. • AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO THIS AMENDMENT NO. 1 is made and entered into this day of 1997, by and between the Orange County Transportation Authority, 550 South Main Street, P. 0. Box 14184, Orange, California 92613-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY") and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public corporation of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY and CITY entered into a Cooperative Agreement dated March 15, 1994 (hereinafter referred to as "AGREEMENT') for design, construction, maintenance, and security for a commuter/intercity rail station located in San Juan Capistrano; and WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the purpose of redefining maintenance and liability obligations with respect to the North & South platforms of the project; NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows: 1. Section 3.03 is hereby amended in its entirety to read as follows: "3.03 Maintenance and repair. The CITY agrees, at no cost to the AUTHORITY, to maintain and repair the commuter/intercity rail station in good condition and order, and free from refuse, for the benefit of the public and the persons using the commuter/intercity rail station for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the said commuter/intercity rail station pursuant to this AGREEMENT. For the purpose of this AGREEMENT, "maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall refer to routine structural and plumbing upkeep, but shall not include striping, c:\wpwin60\wpd=c o,t \amend.agr -1- 06/09/97 0 0 signage, passenger management or train operations. The CITY shall have the right to sublease or grant privileges or concessions within the station as may be mutually agreed between the AUTHORITY and the CITY in writing, and the right to retain all revenues derived therefrom. The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping installed about the commuter/intercity rail station pursuant to this AGREEMENT. CITY standards shall be used to determine the level of landscape maintenance to be provided. The CITY shall, at no cost to the AUTHORITY, maintain the commuter/intercity rail station, parking lots, and maintain and repair the North and South Platforms with respect to the 10 -foot strip which extends from the center line of the track to the yellow tactile strip, and all associated facilities with the exception of the ticket vending machines and ticket vending machine support facilities. The CITY also agrees to pay for all non-operating property utility costs, excluding the ticket vending machines and related equipment which will be paid by the AUTHORITY, and provide the required utility/service connections for the commuter/intercity rail station. CITY standards shall be used to determine the level of maintenance to be provided." 2. Section 4.06 is hereby amended in its entirety to read as follows: "Neither the CITY nor any officers, employees or agents thereof shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, the AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. c:\wp-n60\wpd—\oda\an o ag -2- 06/09/97 n AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT BETWEEN THE ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE CITY OF SAN JUAN CAPISTRANO THIS AMENDMENT NO. 1 is made and entered into this day of , 1997, by and between the Orange County Transportation Authority, 550 South Main Street, P. O. Box 14184, Orange, California 92613-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY") and the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California 92675, a public corporation of the State of California (hereinafter referred to as "CITY"). RECITALS: WHEREAS, AUTHORITY and CITY entered into a Cooperative Agreement dated March 15, 1994 (hereinafter referred to as "AGREEMENT") for design, construction, maintenance, and security for a commuter/intercity rail station located in San Juan Capistrano; and WHEREAS, AUTHORITY and CITY desire to amend the AGREEMENT for the purpose of redefining maintenance and liability obligations with respect to the North & South platforms of the project; NOW, THEREFORE, AUTHORITY and CITY mutually agree as follows: 1. Section 3.03 is hereby amended in its entirety to read as follows: "3.03 Maintenance and repair. The CITY agrees, at no cost to the AUTHORITY, to maintain and repair the commuter/intercity rail station in good condition and order, and free from refuse, for the benefit of the public and the persons using the commuter/intercity rail station for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the said commuter/intercity rail station pursuant to this AGREEMENT. For the purpose of this AGREEMENT, "maintenance" shall refer to cleaning, sweeping and refuse removal; "repair" shall refer to routine structural and plumbing upkeep, but shall not include striping, cAwpwm6OW4A c oM\amendagr -1- 06/09/97 signage, passenger management or train operations. The CITY shall have the right to sublease or grant privileges or concessions within the station as may be mutually agreed between the AUTHORITY and the CITY in writing, and the right to retain all revenues derived therefrom. The CITY agrees, at no cost to the AUTHORITY, to maintain all landscaping installed about the commuter/intercity rail station pursuant to this AGREEMENT. CITY standards shall be used to determine the level of landscape maintenance to be provided. The CITY shall, at no cost to the AUTHORITY, maintain the commuter/intercity rail station, parking lots, and maintain and repair the North and South Platforms with respect to the 10 -foot strip which extends from the center line of the track to the yellow tactile strip, and all associated facilities with the exception of the ticket vending machines and ticket vending machine support facilities. The CITY also agrees to pay for all non-operating property utility costs, excluding the ticket vending machines and related equipment which will be paid by the AUTHORITY, and provide the required utility/service connections for the commuter/intercity rail station. CITY standards shall be used to determine the level of maintenance to be provided." 2. Section 4.06 is hereby amended in its entirety to read as follows: "Neither the CITY nor any officers, employees or agents thereof shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, the AUTHORITY and the SCRRA shall fully indemnify, defend and hold the CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY in connection with the AUTHORITY's responsibilities for the operating property under this AGREEMENT. 0-p-n60\wp&-\o lean-Aagr -2- 06/09/97 • In addition, in consideration of CITY's voluntary undertaking of the maintenance obligations for the South and North portions of the platforms as described in Section 3.03, AUTHORITY hereby agrees to save, defend and hold harmless CITY, its elected and appointed officers, employees and agents harmless from any and all claims, liabilities, expenses, or damages of any nature arising out of maintenance and repair obligations for the North and South platforms (10 -foot strip extending from the center line of the track to the yellow tactile strip) CITY has assumed following the effective date of this contract amendment (Section 3.03.)" 3. All other terms of the March 15, 1994, Cooperative Agreement between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to the Agreement to be executed on the effective date first above written. PGE COUNTY TRANSPORTATION AUTHORITY Executive Officer Ap roved as to form: Kennard R. Smart General Counsel CI F SAN UAN CAPISTRANO J Greiner, Mayor Approved as to form: John R. Shaw, Cit ttorney c:\wpwin60\wpdocs\ocu\anicnd.agr -3- Dated: AST: Cheryl Jo so , City Clerk 06/09/97 3 0 0 AUTHORIZING SUBMITTAL OF CITY'S MEASURE M ELIGIBILITY PACKAGE (820.25) As et forth in the Report dated June 1, 1999, from the Engineering and Building Director, staff authorized to submit the City's eligibility package, which certified the existence of a paveme management program and determined the City's Circulation Element to be in conformance ith the County Master Plan of Arterial Highways, to the Orange County Transportation hority. DRIVE (590.50) As set forth in the Report dated e1, 1999, from the Engineering and Building Director, the following Resolution was adop d establishing "No U -Turns" for northbound and southbound traffic on Del Obispo Stre%ESTA Mesa Drive: RESOLUTION NO. 99-6-1-3ISHING "NO U-TURNS" - DEL OBISPO STREET AT DANA MESA D E - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO U -TU" FOR NORTHBOUND AND SOUTHBOUND VEHICLES ON DEL OBIS STREET AT DANA MESA DRIVE APPROVAL OF AMENDMENT NO. 1 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY COOPERATIVE AGREEMENT - RAILROAD PLATFORMS (600.50) As set forth in the Report dated June 1, 1999, from the Engineering and Building Director, Cooperative Agreement Amendment No. l with the Orange County Transportation Authority, which redefined maintenance and liability obligations with respect to the North and South Railroad Platforms, was approved. 42( 0.70) Council Member Jones advised he won stain due to a potential conflict of interest relating to his ownership of nearby property. Proposal: Consideration of a request to subdivide approximately 20 located at 32281 Del Obispo Street into 3 one -acre parcels, I ten -acre parcel, and a seven -ac mainder parcel. The City Council Minutes -4- 6/1/99 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 (FAX) June 3, 1999 Javan � I�nlele 1961 1776 Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, California 92613-1584 Re: Amendment No. 1 to Cooperative Agreement Gentlemen: MEMBERS OF THE CITY COUNCIL GOLLENE CAMPBELL JOHN GREINER WYATT HART GIL JONES DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of June 1, 1999, the City Council of the City of San Juan Capistrano approved the Cooperative Agreement Amendment No. 1, which redefined maintenance and liability obligations with respect to the North and South Railroad Platforms in the City of San Juan Capistrano. Four copies of the agreement have been signed by the City and are enclosed. Upon approval by the Board of Directors, please return one fully -executed copy to the City Clerk's office. Thank you for your cooperation. Please feel free to contact Brian Perry at 949-443-5353 if you have any questions. Very +truly yours, Cheryl Johns City Clerk Enclosure cc: Guy Edwards, Manna Station Metrolink Debbie Woods, Amtrak Engineering and Building Director (with enclosure) Brian Perry (with enclosure) San Juan Capistrano: Preserving the Past to Enhance the Future 16 on usE It{ March 22, 1994 Mr. John B. Catoe, Jr. Director of Operations Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, California 92613-1584 Dear Mr. Catoe: MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL GARY L. HAUSDORFER GIL JONES CAROLYN NASH JEFF VASOUEZ CITY MANAGER GEORGESCARBOROUGH At their meeting of March 15, 1994, the City Council of the City of San Juan Capistrano approved the Cooperative Agreement No. C-94-704 with the Orange County Transportation Authority which defined various responsibilities for the commuter/intercity rail station in San Juan Capistrano. A fully -executed copy of the Agreement is enclosed for your files. If you need any further information, please let us know. Very truly yours, Cheryl Johnson City Clerk Enclosure cc: Julia Kimminau 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493.1171 0 0 Council recessed at 11:33, p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 11:34 p.m. —�� 1. COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE RAILROAD Council Members Jones and Vasquez advised they would abs in on this item due to a potential conflict of interest relating to the proximity of the project to their businesses/residences Written Communication: Report dated March 15, 1994, from the Ciry Manager, recommending that the City enter into a Cooperative Agreement with the Orange County Transportation Authority (OCTA) identifying OCTA as the owners of the railroad platform, leasing it to the City for $1.00 per year, and committing the City to routine and long-term repair and maintenance of the platform facilities. The Agreement also identified the liability responsibilities of the City and the Orange County Transportation Authority. Rule of Necessity: The City Attorney noted that the Rule of Necessity allows participation in the decision-making of an otherwise disqualified Council Member if that vote is necessary to obtain the quorum needed to take action and no other alternatives exist. The Council Member allowed to vote would be chosen by lot and would be required to disclose the nature of the conflict and any financial benefit. The City Council was advised that it was necessary to take action on this item at this time because the railroad platform was scheduled to open Monday, March 28, 1994, which was prior to the next City Council meeting date. The City Clerk flipped a coin and Council Member Jones was selected to participate in the decision. Council Member Jones advised that he had a potential conflict of interest in this project due to the proximity of his residence and business and the opening of the railroad platform could benefit his business. Approval of Cooperative Agreement It was moved by Council Member Jones, seconded by Council Member Nash, that the Cooperative Agreement between the Orange County Transportation Authority and the City be approved for the design, construction, maintenance, security, and liability responsibilities for the railroad platform. The motion carried by the following vote: AYES: Council Members Jones and Nash and Mayor Campbell NOES: None ABSTAIN: Council Member Vasquez ABSENT: Council Member Hausdorfer The Mayor was authorized to execute the Agreement on behalf of the City. City Council Minutes -13- 3/15/94 0 P AGENDA ITEM March 15, 1994 TO: Honorable Mayor and Members of the City Council FROM: George Scarborough, City Manager SUBJECT: City of San Juan Capistrano/Orange County Transportation Authority Cooperative Agreement (Railroad Platform) -------------------------------------------------- -------------------------------------------------- RECOMMENDATION: By motion, approve the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the design, construction, maintenance, security and liability responsibilities regarding the Railroad Platform and authorize the Mayor to execute the Agreement on behalf of the City. SITUATION: In 1989, City staff, in conjunction with Franciscan Plaza Investment Group and Blair Ballard Architects, began to finalize a concept for the design of a railroad platform south of Verdugo Street. Concurrently with the development of the concept design, staff submitted a Transportation Capital Improvements (TCI) application to Caltrans. In July 1991, the City's TCI application for $275,000 in funding for construction of the railroad platform project was approved by the State Legislature and included in the FY 91-92 budget. This grant amount was later increased to $330,000 for this portion of the Platform project. Blair Ballard Architects finalized the design and on August 25, 1993, the construction contract was awarded to ARA Engineering Contractors. Construction of the Platform started September 27, 1993. Throughout most of the design process, the Atchison, Topeka & Santa Fe Railroad (AT&SF) owned the Railroad Right of Way. In March, 1993, the Orange County Transportation Authority became the new owners of the Right of Way and as a result, new lighting, signage and equipment requirements were placed on the project in order to make the platform usable by Metrolink. The ity, in conjunction with OCTA and Metrolink, has made every effort to re -design the platfoYm plans to accommodate the new requirements. OCTA has prepared a financial plan (Exhibit B of the Cooperative Agreement) to reimburse the City for all costs associated with those requirements. This amount is estimated at $55,000. The Cooperative Agreement identifies OCTA as owners of the Platform and provides for the City to lease it for $1 per year. This is done for maintenance purposes, since OCTA does not have funds which may be used for the maintenance of platforms. The Cooperative Agreement commits the City to both routine and long-term repair and maintenance of the platform facilities, estimated at $41,600 per year. FOR CITY COUNCIL AGEN �� f 0 10 Agenda Item - 2 - March 15, 1994 The Cooperative Agreement identifies both maintenance and liability of the Platform as being the responsibility of the City as it relates to the areas that are considered to be part of the "non-operating" property which includes, "support facilities for the commuter/intercity rail station adjacent to the operating property such as parking, platform facilities, landscaping areas, and the standard platform except for that portion which lies within ten (10) feet of the centerline of the track adjacent to the operating property" OCTA will retain liability responsibility for the "operating property," which is defined as, "that property essential to railroad operations including but not limited to rails, ties, railroad bridge, ballast and that portion of the standard platform which lies within ten (10) feet of the centerline of the track." The definition of "operating property" includes the 4 -foot 8 -inch portion of the Platform adjacent to the tracks which will be directly utilized for passenger boarding and alighting and will potentially cause the greatest liability. This area is clearly identified by a yellow line and the written warning that passengers should stand behind it for safety reasons. By definining the "operating property" in the Cooperative Agreement to include this area of the Platform, the liability issues associated with incidents occurring in this area fall within OCTA's responsibility. It is anticipated that the construction phase of the Platform will be essentially completed by the Metrolink service start-up date of March 28, 1994. Some temporary lighting, which will not exceed the lighting levels approved by the City Council at its February 15, 1994 meeting, will be provided on the Platform by OCTA until the Metrolink -required and City Council - approved lighting is designed and installed. A signage program was also approved by the City Council on February 15, 1994, and will be incorporated into the Platform construction at a later date by OCTA. With the City Council consideration and approval of this Cooperative Agreement, OCTA will be able to use the San Juan Capistrano Platform for the initiation of its new Metrolink service between Los Angeles and San Diego Counties. COMMISSION/BOARD REVIEW, RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The Cooperative Agreement commits the City to both routine and long-term repair and maintenance of the platform facilities. 0 0 Agenda Item -3- Annual 3 - Annual routine costs are estimated as follows: Supplies $ 2,400 Landscape Maintenance $ 7,200 Restroom Maintenance $18,000 Building Maintenance $ 3,000 Graffiti Removal $ 5,000 Water - All Uses $ 3,600 Electricity $2,400 Total Routine Annual Costs $41,600 March 15, 1994 In order to cover the anticipated maintenance costs for the remainder of Fiscal Year 93-94, a total of $11,900 has been budgeted as follows: Account Numbers Amount 01-62252-4445 (Supplies) $ 600 01-62416-4445 (Restroom and Building Maintenance) $ 5,500 01-62414-4445 (Landscape Maintenance) $ 1,800 01-62419-4431 (Graffiti Removal) $ 1,000 01-62153-4445 (Water) $ 1,800 01-62151-4445 (Electricity) $1,200 TOTAL in I°Y 93-94 Budget $11,900 Additionally, there is a potential need for a $12,000 maintenance effort every five years. This would include painting and major repairs. John B. Catoe, Jr., Director of Operations Orange County Transportation Authority 550 South Main Street P.O. Box 14184 Orange, CA 92613-1584 ALTERNATE ACTIONS: Approve the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the desig n, construction, maintenance, security and liability responsibilities regarding the Railroad Platform and authorize the Mayor to execute the Agreement on behalf of the City. 2. Do not approve the Cooperative Agreement. 3. Refer to Staff for additional information. 0 0 Agenda Item - 4 - March 15, 1994 -------------------------------------------------- RECOMMENDATION: By motion, approve the Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the design, construction, maintenance, security and liability responsibilities regarding the Railroad Platform and authorize the Mayor to execute the Agreement on behalf of the City. Respectfully GS:JMK Attachment m ti m Z W c ca IL U cz LL c Eco C -6+ _ cn co O U c O ca cnto O c co yr Q co c ca ''c VJ 0 0 O O O O 0 1D m w P P O O O O O Tq O O O O N O O N O O N C ^ O 00 Td N P M r m N 0 M i» `h pG�&t�- G L a--� 31151gLi co C0 O h o N Of 2 y C O V Q w a U U O E C .2 C N N O v lim c Q d0� � LL m N 0E o Y � d fn occE C E O U C o' •m E Ofd t�� m J U N o C C E" v c H V C cmE d <0 N CD y a N U C o 2O) y C o U7 C � W m E mL E dc O d Z naM E H U O O � `h pG�&t�- G L a--� 31151gLi co C0 0 0 M OCTA 80AROOFOiRECrORS I March 10, 1994 Gadd; H- Vas4l,ez Chairman William D. Mahoney Vice-ChairmaCity Manager n CITY OF SAN JUAN Sarah Catz Directtoror CAPISTRANO Gary L. Hausdorfer 32400 Paseo Adelanto D-ct°r San Juan Capistrano, CA 92675 Iry Pickle, Director Charles V Smith City Manager: Director Roger H. Stanton Director Enclosed please find Agreement C-94-704 with City of San Juan Capistrano and OCTA William G. Sterner to set forth provisions for the design, construction, maintenance, and security for a Director commuter/intercity rail station located at San Juan Capistrano. Bob Wahlstrom Dvector Please sign and return to me as soon as possible. Do not date the first page of this Harnett M. Wlede, document; it will be dated once fully executed. Director Daniel H-Vonng If you have any questions, please contact me at (714) 560-5621. Director Brent Felker Governor",, Ex- Off iao Member Sincerely, Freon Krause n rnate AF Rdey m Thoasit Racy Alternate Greg°"Wropeb°``am Arlene Terry Alternate CAMM Administrative Coordinator Enclosures DELIVERED BY MESSENGER Orange Counit G2nsportdhor; Ai:1, ity 550 South Main Street; P.0. Box 14184: OrangeOahforma 926 13-1 584.17141560-007A(6,282)