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CONTRACT 6086 Maintenance and Repair AgreementAgreement No. 6086 File: RGRE000874 GREEN LINE-DOUGLAS STATION PARKING LOT MAINTENANCE AGREEMENT BETWEEN CITY OF EL SEGUNDO AND LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY THIS MAINTENANCE AGREEMENT is made and entered into in duplicate, effective this 3`d day of June, 2021, by and between the LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, hereinafter referred to as "MTA," and the CITY OF EL SEGUNDO, hereinafter referred to as "CITY." MTA and the CITY shall collectively be referred to herein as the "PARTIES." RECITALS A. In 2001, the MTA and the CITY began collaborating on a project known as the "Douglas Street Gap Closure" in the City of El Segundo; the project, which was jointly funded by MTA, the CITY, the Federal Transit Administration and the Federal Highway Administration, involved the construction of new roadway connecting then - discontinuous ends of Douglas Street and the construction of a new intermodal transit center on CITY -owned property located at the southern end of the Douglas Street ! Alaska Avenue intersection, adjacent to the roadway construction; B. In or about 2007, the MTA and the CITY entered into several Memoranda of Understanding related to the project; under the MOUs, the CITY agreed to coordinate with MTA regarding the planning, design and management of the parking facilities; C. In 2008, the intermodal transit center, referred to herein as the Green Line -Douglas Station Parking Lot, was completed; since that time, MTA has maintained and operated the parking lot; D. MTA and CITY desire to enter into this Agreement, whereby the PARTIES mutually desire to memorialize the division of maintenance and their respective responsibilities as to the parking lot. NOW, THEREFORE, IT IS AGREED: I. MTA, at its expense, is and will be responsible for the maintenance, repair, and reconstruction of any and all improvements, including but not limited to, walkways, hardscape, lighting, map -cases, landscaped areas, and irrigation systems (collectively, "Improvements") lying within the limits of the Green Line -Douglas Station Parking Lot, (not including the city owned sidewalk) as depicted in the attached Exhibit "A," which is attached hereto and incorporated herein by this reference (hereafter, "Parking Lot"). 2. LEGAL RELATIONS AND RESPONSIBILITIES Agreement No. 6086 File: RGRE000874 A. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement. B. Neither CITY nor any of its officers, employees, volunteers and representatives shall be responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by MTA, under or in connection with any work, authority or jurisdiction conferred upon MTA arising under this Agreement. It is understood and agreed that MTA shall fully defend, indemnify and save harmless CITY and its officers, employees, volunteers and representatives from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of the MTA's maintenance of the Parking Lot and anything done or omitted to be done by MTA under this Agreement. C. MTA hereby waives any right to make or prosecute any claims or demands against the CITY; or any of its officers, employees, volunteers or representatives for any damage that may occur to said Improvements at the Parking Lot, or that relate to MTA's use or maintenance of the Parking Lot. D. This permission is not in lieu of and in no way relives MTA, its heirs, successors in interest or assigns from contributing to or assessments for CITY improvements at, in, on, or about said property. E. MTA shall be waived of all permit fees and reviews for all necessary permit application or plans for the purposes of maintaining the area on Exhibit A. F. MTA shall become the Authority in issuing Right -of -entries, permits and other temporary uses. 3. EFFECTIVE DATE. This Agreement shall be effective upon the date appearing on its face and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES. This Agreement shall be and constitute a covenant running with the land and be binding upon the heirs, executors, administrators, successors in interest, assignees as their interest may appear, and may be recorded by either of the PARTIES. 4. TERMINATION A. CITY may terminate this Agreement at any time with or without cause, upon 30 days' written notification to the MTA. Termination will be effective upon notification, unless CITY specifies otherwise. 2 Agreement No. 6086 File: RGRE000874 B. MTA may terminate this Agreement at any time in writing at least 30 days before the effective termination date. C. Upon termination, MTA shall remove all Improvements, and restore the affected property to its original condition, without expense to the CITY. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: AP Name: John Potts Title: Exe tive Officer / Real Estate Real Property & Asset Management Recommended for Approval: y: Name: Aaron Demirci Title: Real Estate Officer- Real Estate Real Property & Asset Management THE CITY OF EL SEGUNDO: By:..� �. Name: ' t Mitnicic Title: City Manager Attest: Trac We v r EXHIBIT "A" USE: MOU to maintain City owned Park-N- Ride Lot LEGEND: Perk-N-Ride Lot owned by The City of El Segundo is outlined in GREEN. Agreement No. 6086 File: RGRE000874 MAP: LandVision UKU14sla�c U • • EXHIBIT "A" r aennnK102. City NSA NIA EL SEGUNDO aunty Neamst Qrcs^s St Thomas Guide Orlds LA.C.M.TA. Lot AnJ121ml Dauallla 73243 Ann: Beal Estaoe Dept reo use Legend one Gaosway Pl=a 60681 Sq Ft MOU As Shown _Las, Angeles, CA 80012 4 As Shown 1 01113/2020