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MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE
CITY OF MANTECA AND
SAN JOAQUIN REGIONAL RAIL COMMISSION
DEMONSTRATING THE INTENT TO NEGOTIATE AGREEMENTS REGARDING THE PROCESS,
ROLES AND
RESPONSIBILITIES FOR THE MANTECA STATION
This Memorandum of Understanding (“MOU”) is entered into by and between the San Joaquin Regional Rail Commission and the City of Manteca (collectively “Participants”) to facilitate cooperation and coordination in planning the expansion of the existing Manteca Transit Center to accommodate Altamont Corridor Express (ACE) Service adjacent to the existing station, constructing a new parking area, passenger amenities, and a boarding platform with associated access.
PERTINENT ENTITIES
The City of Manteca (Referred to in this MOU as “City”) is the owner and responsible party for the operations and maintenance of the existing Manteca Transit Center at the intersection of Main Street and Moffatt Blvd.
San Joaquin Regional Rail Commission (Referred to in this MOU as “Rail Commission”): the agency responsible for the governance, operation, and maintenance of the ACE passenger rail service and the expansion of service as part of the Valley Rail Program.
GENERAL BACKGROUND
The Rail Commission received funding for the Valley Rail Program from the State of California which includes expanding ACE train service between Ceres and Natomas. Included in the Valley Rail Program is the implementation of a station in Manteca just south of the existing Manteca Transit Center. The City of Manteca has purchased three (3) parcels just South of the existing Manteca Transit Center for the ACE Manteca Station. The Rail Commission is considering purchasing two (2) additional parcels just South of the parcels purchased by the City of Manteca to facilitate construction of the ACE Manteca Station. Both parties desire to work collaboratively on entering into agreements regarding the design, construction, operation, and maintenance of the proposed Manteca Station.
RECITALS
A. Whereas, the Rail Commission is underway with the implementation and delivery of the Valley Rail Program, which includes construction of a station in Manteca just South of the Manteca Transit Station; and
B. Whereas, in 2021, the City of Manteca purchased three (3) parcels adjacent to the Manteca Transit Center for the purpose of establishing an ACE Station in Manteca; and C. Whereas, the Rail Commission is considering purchasing two (2) parcels directly South of the parcels purchased by the City of Manteca for the purpose of constructing the ACE Manteca Station; and
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D. Whereas, the Participants desire to memorialize in this non-binding MOU their shared understanding for the development, operation, and ongoing maintenance of the Manteca Station; and
E. Whereas, the Participants intend to utilize this MOU as the next step in entering into agreements implementing the ACE Manteca Station and expect that this process will be collaborative, transparent, and iterative; and
F. Whereas, the Participants desire to memorialize in this non-binding MOU their shared intent to negotiate agreements (“Agreements”) establishing the roles and responsibilities for the Participants regarding the implementation of the ACE Manteca Station as it develops; and G. Whereas, the Participants agree to work together toward entering into the necessary Agreements to achieve common agreed-upon goals.
NOW, THEREFORE, THE PARTICIPANTS SHARE THE FOLLOWING UNDERSTANDING OF THE TERMS TO BE INCLUDED IN THE NEGOTIATED AGREEMENTS:
1. Responsibilities and Provisions for the City of Manteca:
a) The City of Manteca will contribute Federal Transit Administration (FTA) Manteca Urbanized Area (UZA) Section 5307 grant funding for the ACE Manteca Station to the Rail Commission (after a de-obligation of said funds and subsequent grant submission by Rail Commission to FTA). Once the Section 5307 grant is awarded, the Rail Commission will become the direct recipient of these specific Manteca UZA Section 5307 funds and be subject to FTA’s requirements.
b) The City of Manteca will delegate the design and construction responsibility for the ACE Manteca Station to the Rail Commission, the City of Manteca will continue to remain a stakeholder and have oversight responsibilities in design to ensure compliance with this agreement.
c) The City of Manteca will provide and pay for Security for the ACE Manteca Station including the station access and parking lot area, during the hours of 8pm – 5am. d) The City of Manteca will provide an Access and Use Agreement to Rail Commission for the three (3) parcels owned by the City of Manteca which are part of the ACE Manteca Station. e) The City of Manteca will be responsible for the landscape maintenance of the Manteca Station including the parking lot, station, and platform access up to the railroad right-of-way.
2. Responsibilities and Provisions for the Rail Commission:
a) The Rail Commission will be responsible for the design and construction of the ACE Manteca Station including the station access, parking, platform access and boarding platform.
b) The Rail Commission will protect the operation of the existing transit station during construction of the ACE related improvements
c) The Rail Commission will provide an Access and Use Agreement to the City of Manteca for the two (2) parcels owned by the Rail Commission which are part of the ACE Manteca Station.
d) The Rail Commission will reimburse the City of Manteca for the landscape maintenance of the Manteca Station including the station access, parking, and platform access up to the ATTACHMENT 2
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railroad right-of-way based on a percentage of the square footage of the respective parcel ownership versus the overall square footage of the Manteca Station. e) The Rail Commission will install a separate electrical meter for the ACE Manteca Station, the cost for the electrical will be split based on a percentage of the square footage of the respective party’s parcel ownership versus the overall square footage of the ACE Manteca Station (including the Station Platform).
f) The Rail Commission will install a separate water meter for the Manteca Station, the cost for the water will be split based on a percentage of the square footage of the respective party’s parcel ownership versus the overall square footage of the ACE Manteca Station (including the Station Platform).
g) The Rail Commission will utilize a drywell system for sewer (per the approval of the City of Manteca) and will not require a sewer connection, to be evaluated during design. h) The Rail Commission will connect to the existing storm drainage service within the street frontage.
i) The Rail Commission will be responsible for collecting and disposing of trash within the ACE Manteca Station Platform inside the railroad right of way. j) The Rail Commission will install, maintain, and pay for communication services for the ACE Manteca Station for the services needed by the Rail Commission. k) The Rail Commission will install shade canopies within seven years (7) of the completion of the project or will install mature shade trees to meet the current CalGreen Building Code, as amended, and City standards, specifications, and code requirements, as amended, for onsite shade.
3. Both Participants:
a) Capital maintenance projects, i.e., pavement rehabilitation, light replacement, pavement markings, etc. will be split based on a percentage of the square footage of the respective party’s parcel ownership versus the overall square footage of the ACE Manteca Station (exclusive of the Station Platform and access within the railroad right-of-way).
4. OFFICIAL COMMUNICATIONS
The respective contact points for communication and information exchange, as well as any notice required to be submitted under this MOU are:
Tamika Smith, Director of Rail Services, Rail Commission Juan Portillo, Transit Supervisor, City of Manteca
Carl Brown, Director of Public Works, City of Manteca
5. NON-BINDING MOU
a. This MOU is a non-binding, voluntary initiative, and it does not create any legally binding rights, limitations, or obligations upon the Participants. This MOU does not purport to include all provisions relative to the structure or terms of the proposed transaction or definitive documents. Rather, the Participants agree to memorialize binding commitments in future agreements as they are negotiated. Each party shall bear its own costs related to this effort unless otherwise agreed to in writing.
b. Should the Participants reach an impasse in the collaborative effort anticipated by this MOU, the contact points (identified above) will make an expeditious and good faith effort at working together to resolve the impasse. Should that effort be unsuccessful, the Participants agree ATTACHMENT 2
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to elevate the outstanding issues to their respective governing body who will then make an expeditious and good faith effort at working together to resolve the impasse. c. This MOU is not intended to amend or impact in any way other existing written agreements or MOUs that Participants may have entered pertaining to the Rail Commission, ACE, or any City of Manteca projects, in general.
d. This MOU is effective from the date of its last signature and shall remain in effect until another MOU or agreement is executed between the Participants, or one Participant withdraws from the MOU, whichever is earlier.
e. The Participants may, at any time, withdraw from this MOU by providing a written notice to the other Participant.
f. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
Facsimile, pdf., or electronic/computer-image signatures will be treated as originals.
IN WITNESS WHEREOF, and in acknowledgement that the Parties hereto have read and understand each and every provision hereof, the parties have authorized the signers of this MOU to sign on their behalf.
San Joaquin Regional Rail Commission
By: _________________________________
Its: _________________________________
Date: ________________________________
City of Manteca
By: _________________________________
Its: _________________________________
Date: ________________________________
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