HomeMy WebLinkAbout16 COMM RAIL STATION 11-06-95NO. 16
11-6-95
ATE:
NOVEMBER 6, 1995
Inter-Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEC~ COOPERATIVE AGREEMENT BETWEEN OCTAAND THE CITY OF TUSTIN FOR
FIINDING THE PURCHASE OF A COHMUTERRAIL STATION SITE IN TUSTIN
RECOMMENDATION
It is recommended that the City Council approve the Cooperative
Agreement by and between the Orange County Transportation Authority
(OCTA) and the City of Tustin to provide funding for the
acquisition of property for a Metrolink Commuter Rail Station and
authorize the Assistant City Manager to execute the Agreement.
FISCAL IMPACT
If the Cooperative Agreement is approved, the Orange County
Transportation Authority will transfer Measure M funds which have
been designated for rail station development to the City of Tustin
for the acquisition of a parcel of land for the development of a
Metrolink Commuter Rail Station.
Ail staff time and resources dedicated to preparation .of the
Cooperative Agreement have been absorbed as part of the Community
Development Department budget.
BACKGROUND/DISCUSSION
On February 6, 1995, the Tustin City Council certified a negative
declaration for the acquisition of a 3.66 acre portion of the
property at 3075-3097 Edinger Avenue for the purpose of developing
a Metrolink Commuter Rail Station and parking facilities on site.
The acquisition is necessary, to provide a Tustin rail stop for
Metrolink service between Oceanside and Los Angeles. In addition
to the environmental certification, the City Council authorized
negotiations for acquisition of the site with Kemper Real Estate,
the property owner.
The Kemper Real Estate property known as Jamboree Plaza is located
at the northwest corner of Jamboree Road and Edinger Avenue, is
19.1 gross acres and is partially developed with auto related
business uses and a fast food restaurant. The 3.66 acre portion of
the site to be acquired is parallel to the railroad track, the site
of the future Metrolink station platform and parking lot is vacant.
The property is currently zoned PC-Industrial and development is
City Council Report
Cooperative Agreement between
OCTA and the City of Tustin
Purchase of Commuter Rail Station Site
November 6, 1995
Page 2
regulated by the Jamboree Plaza Planned Community District
regulations.
In May 1991, the Orange County Transportation Commission (later
became part of the Authority) committed up to $10.4 million for new
rail station development and existing station improvements in
Orange County. A total of four new stations in Orange County were
identified, each station being eligible for $1.3 million in Prop
116 funds for improvements, ($1.3 million was later increased to
$1.9 million). A Tustin-North Irvine Station was identified in the
Commuter Rail Study Action Plan prepared by the OCTA in 1990.
As identified to the City Council in previous reports, the $1.9
million committed funding from OCTA will not be adequate to cover
station design-and construction. The funding, however, is adequate
to cover the majority of costs of site acquisition ($1.857
million). The $1.9 million Measure M funding contribution has been
reduced to $1.71 million due to OCTA's purchase of' ticket vending
machines and signs acquired by the Southern California Regional
Rail Authority for the Tustin Station. The City currently has
available additional acquisition funding to cover the funding from
other secured sources for all necessary acquisition costs.
Since complete funding for site design/engineering and construction
has not been secured, the Cooperative Agreement contains provision
for property disposition in the event the station is not
constructed by the year 2000. It is understood that if the needed
funds cannot be obtained, the station will not be constructed. At'
the present time the City has identified $2.27 million in funds
available to date for the commuter rail station design and
construction. These funding sources include the County of Orange
combined Transportation Funding Program (CTFP), AB2766 local
allocation, City CIP Program, Growth Management Areas (GMA) 7 & 8,
Prop 116 and Transit Capital Improvement (TCI) Grant. The Commuter
Rail Station including acquisition, design, engineering and
construction is estimated to cost approximately $5.9 million.
Between OCTA Measure M contribution and funds available to date,
this leaves a shortfall of $2.015 million. Other funding sources
are aggressively being pursued including a recent request for a
$1.007-million TCI grant for Fiscal Year 96-97.
In order to obtain and transfer the allocated funding, each City
proposing a new Commuter Rail Station must enter into a Cooperative
Agreement with OCTA, the Agency largely responsible for initial
Station funding.
After several months of working with the OCTA staff, a final
Cooperative Agreement has been developed. The Agreement must be
City Council Repo.
Cooperative Agreement between
OCTA and the City of Tustin
Purchase of Commuter Rail Station Site
Noven%ber 6, 1995
Page 3
approved by the City Council, the OCTA Chief Executive Officer, our
Attorney and OCTA General Counsel. The City Attorney's office has
been included in reviewing drafts of the Agreement and has approved
the Cooperative Agreement as to form.
The Cooperative Agreement sets forth provisions for:
Property Acquisition.
Maintenance/Repair of the property.
Property disposition in the event the City is unable to
obtain additional funding for construction.
Security for the property prior to and during
construction.
Provision for 300 parking spaces for rail passengers.
Insurance coverage and Indemnity.
Term of Agreement.
Defining City owned property (non-operating) and
Authority owned property used for railroad operation
(operating).
OCTA staff has indicated that acquisition funds could be released
within 2-3 weeks following the signing and approval of the
CooperatiVe Agreement.
Once adequate funding has been identified and secured for the
station construction, the City will enter into a Construction
Cooperative Agreement with OCTA.
The Community Development Department is concurrently working with
Kemper Real Estate on a Purchase and Sale Agreement for the
acquisition of the 3.66 acre commuter rail site.
CONCLUSION
Approval of the Cooperative Agreement between OCTA and the City of
Tustin will allow for the transfer of available Measure M funds to
be used for the acquisition of property for the development of a
Metrolink Commuter Rail Station in Tustin.
~--~t%a Westfield~
Assistant Director
Community Development Department
RW: kbm\cc repor t \c rprchs, rw
Attachment: Cooperative Agreement
Christine Shin~eton
Assistant City Manager
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COOPERATIVE AGREEMENT NO. C-95-152
BE'I'INEEN
THE ORANGE COUN'FY TRANSPORTATION AUTHORITY
AND
THE CITY OF TUSTIN
THIS AGREEMENT (hereinafter the "AGREEMENT') is made and entered into this
day of , 1995 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 Califomia (hereinafter referred to as "AUTHORITY") and the City
of Tustin, 300 Centennial Way, P.O. Box 3539, Tustin, CA 92681-3539 a municipal
corporation of the State of California (hereinafter referred to as "CITY").
RECITALS
WHEREAS, the AUTHORITY' currently provides commuter rail service between
Oceanside and Los Angeles by agreement with the Southern California Regional Rail
Authority (SCRRA);
WHEREAS, additional commuter rail service is currently planned between
Riverside and Orange County in Fate 1995 which will serve the Tustin area;
WHEREAS, the CITY and AUTHORITY jointly desire to provide commuter rail
access to Tustin residents and employers through the development of a commuter rail
station in the city of Tustin;
WHEREAS, the CITY has selected a station site which is located at the
northwest corner of the intersection of Jamboree Road and Edinger Avenue in the City
of Tustin;
WHEREAS, the AUTHORITY has set aside one million nine hundred thousand
dollars ($1,900,000) for development of the Tustin commuter rail station;
WHEREAS, the CITY has set aside funds and received state grants for the
acquisition and development of the Tustin commuter rail station;
WHEREAS, available state and local sources of funds currently available are not
sufficient to construct the Tustin commuter rail station at this time;
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WHEREAS, the CITY will serve as the lead agency for securing additional
funding such as state, federal or local sources for 'completion of the station;
WHEREAS; a limited window-of-opportunity exists to acquire the property for the
Tustin commuter rail station;
WHEREAS, the AUTHORITY and the CITY desire to use available funds to
begin development of the commuter rail station, including acquisition of property and
other related costs;
WHEREAS, Once adequate funding has been identified and secured for station
construction, the CITY will enter into a construction cooperative agreement with the
AUTHORITY;
WHEREAS, this AGREEMENT defines the roles and funding responsibilities of
the AUTHORITY and the CITY for the Tustin commuter rail station including settlement
processes if the station is not constructed in a timely manner;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and
the CITY as follows:
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
co~mon and ordinary meaning.
a. "Operating property" shall refer to the "Orange Subdivision", reap property
owned by the AUTHORITY that is used for railroad operations, including but not limited to,
rails, ties, bridges and ballast.
b. "Non-operating properly" shall refer to CiTY-owned property and facilities
(excluding operating property and ticket vending machines), which includes support
facilities for the commuter rail station adjacent to the operating property such as parking,
and landscaping areas.
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c. "Standard platform" shall refer to that certain type of rail passenger
platform, the size, dimensions, and materials of which are required by SCRRA and set forth
in specifications on file with SCRRA.
d. "Commuter rail station" shall refer to the commuter rail passenger
terminal, including non-operating property, standard platform, and platform facilities,
associated therewith, but not including other operating property nor the ticket vending
machines.
e. "OCTAISCRRA" is used to refer the AUTHORITY's relationship with the
Southern Califomia Regional Rail Authority (SCRRA), a joint powers authority of which the
AUTHORITY is a member, in reference to the provision of certain elements contained in
this AGREEMENT.
II. PURPOSE OF COOPE ,RATIVE AG ,REEMENT
2.01 Prope. rty acquisition, desi,qn, maintenance, and.security for a Commuter Rail Station.
The purpose of this AGREEMENT shall be to set forth provisions for the property
acquisition, design, maintenance, and security for a commuter rail station to be located on
propertY in the vicinity of the northwest corner of the intersection of Edinger Avenue and
Jamboree Road in the City of Tustin.
III. TERM OF AGREEMENT
3.01 Term. The term of this AGREEMENT' shall commence on execution of this
AGREEMENT by the parties, and shall continue until dissolved by mutual written consent
of the AUTHORITY and the CITY.
VI. RESPONSIBILITIES OF THE CITY
4.01 Planning, .zoning, a. nd 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 provide all permits required for the construction and operation of the commuter rail
station. The CITY agrees to Waive the cost of any plan check fee and/or construction
permit related to this project and will not use AUTHORITY funds for this purpose.
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4.02 Property acquisition and design. The CITY shall be the lead agency for the
commuter rail station property acquisition. The CITY will be the lead agency for the design
of the commuter rail station. The OCTA/SCRRA'shall retain the right to participate in
, review and approval of plans for issuance of permits, inspections, and final acceptance.
4.03 Maintenance and repair. The CI.TY agrees, at no cost to the AUTHORITY, to
maintain in good condition and order the non-operating properly pdor to and during
construction, as well as maintain and repair the commuter rail station once constructed, as
defined herein, for the benefit of the public and the persons using the commuter rail station
for so long as the AUTHORITY shall serve commuter rail passengers at the commuter rail
station pursuant to this AGREEMENT. The CITY shall not grant privileges or concessions
on the platform or within the operating property. The CITY shall have the right to sublease
or grant privileges or concessions within' the non-operating portion of the property, and
shall be entitled to retain ali revenues derived therefrom.
4.04 Commuter rail station security_. At their sole cost, the CITY shall provide security
consistent with the City's Security Ordinance for the non-Operating property prior to and
dudng construction, and the commuter rail station following construction.
4.05 Commuter rail parking. The CITY shall make a good faith effort to make available a
minimum of 300 spaces for use by commuter rail passengers to coincide with the
implementation of commuter rail service to the Tustin station.
4.06 Assiqnment 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 sixty
(60) days written notice to and approval by the AUTHORITY. Such approval shall not be
unreasonably withheld.
4.07 C~ompliance. If, at any time, the CITY fails to implement and/or complete this project
in accordance with this Agreement or start construction by January 2000, except as
otherwise agreed in writing by both AUTHORITY and CITY, the full amount of funding
provided by AUTHORITY Shall be returned to the AUTHORITY. Repayment of funding will
be in accordance to the provisions of Section 4.08, Property Disposition.
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4.08 Property .disposition. Subject to the provisions of Section 407 and upon written order
by the AUTHORITY, the CITY shall promptly begin property disposition procedures' to
recover funds provided under this agreement. If the property sale generates less than the
original purchase price, the AUTHORITY agrees to accept a reduced dollar amount
associated with the sale of the property, ff the property sale generates more than the
original purchase price, the AUTHORITY is entitled to an increased dollar amount
associated with the sale of the property. Reimbursement to the AUTHORITY shall be in an
amount equal to the proportionate sham of the original cost of purchase of the property
funded by the AUTHORITY, less any CITY costs associated with property acquisition or
disposition, ff the property sale generates a net increased amount to the AUTHORITY, the
CITY may also deduct any amount expended from its general fund after acquisition towards
development of the commuter rail station up to the amount of the' AUTHORITY's net
increased amount. The terms of the property sale and property valuation shall be approved
by the AUTHORITY prior to the selling or disposition of the property.
V. RESPONSIBILITIES OF AUTHORITY
5.01 Commuter rail station fundin,q The AUTHORITY shall fund the commuter rail
station up to and not exceeding one million nine hundred thousand ($1,900,000) dollars,
less the cost of Metrolink related items including,' but not limited to ticket vending machines
and signage. Release of funds to the CITY for property acquisition will be based on the
purchase pdce of the property and anY CITY cost associated with the acquisition, if any
portion of AUTHORITY funds are not immediately used for the acquisition of the property,
the excess funds shall be placed in a trust account by the CITY with the provision that
funds can only be removed with both the AUTHORFTY's and the CITY's written consent.
5.02 Design and en,q. ineerinq. AUTHORITY funds may be used for design and
engineering costs oniy with prior written approval by the AUTHORITY. The AUTHORITY
retains the right to review 'and approve' all plans and specifications developed for the
issuance of permits, inspections, and final acceptance.
5.03 Platform lease. A separate future lease agreement will be executed between the
CITY and the AUTHORITY prior to station construction to define property boundaries and
the lease area and terms.
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5.04 Ticket vendin,q machine and communication shelter maintenanco. The
OCTA/SCRRA shall provide and fund maintenance for the ticket vending machines,
communication shelter, and related equipment.
5.05 Assignment to the an°ther af:lenc~. 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, and obligations under this AGREEMENT to another party
with thirty (30) days written notice to. the CITY.
VI. INSURANCE AND INDEMNITY
6.01 CITY Insurance. The CITY agrees tc obtain adequate liability insurance or self-
insurance for the commuter rail station, any portion of AUTHORITY operating property
used for construction, the parking lot and any Other station associated facilities and
maintain this insurance in good standing. The CITY shall name the AUTHORITY and
SCRRA as additional insured on the crTY's policy.
6.02 OCTAJSCRRA Insurance _OCTA/SCRRA shall maintain adequate liability insurance
or self-insurance for the operating property including the portion of the platform within the
operating property. OCTA/SCRRA shall.maintain adequate liability insUrance for the ticket
vending machines and shall name the CITY as an additional insured on the OCTA/SCRRA
policy.
6.03 CITY Indemnity. Neither the AUTHORITY nOr the SCRRA or any officers, employees
or agents thereof shall be responsible for any' damage or liability occurring by reason of
anything done or omitted to be done. by the CITY in connection with any work, authority or
jurisdiction delegated, to the CITY under this AGREEMENT, including any liability for the
parking facilities and other non-operating property located at the commuter rail station site.
The CITY shall be solely responsible for handling and processing any and all claims
relating to the commuter rail station, parking facilities, and other non-operating property
located at the commuter rail station site. It is also understood and agreed that, pursuant to
Government Code Section 895.4, the CITY shall fully indemnify, defend and hold the
AUTHORITY and/or SCRRA 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 any work, authority or jurisdiction delegated to the
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CITY under this AGREEMENT, including any liability for the parking facilities and other
non-operating property located at the commuter rail station site.
6.04 AUTHORITY Indemnity._ 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 or the SCRRA in connection with any work,
authority or jurisdiction delegated to the AUTHORITY or the SCRRA under this
AGREEMENT. The AUTHORITY and/or SCRRA shall be solely responsible for handing
and processing any and all claims relating to operating property and the ticket vending
machines located at the commuter rail station. 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 or the SCRRA in connection with any wOrk,
authority or jurisdiction delegated to the AUTHORITY or the SCRRA unde¢ this
AGREEMENT.
6.05 Bus Service. AUTHORITY intends to provide bus service to the Tustin commuter
rail station. The level of service to be provide shall be determined by the AUTHORITY in
cooperation with the CITY.
VII. N_OTICES
7.01 Notice. s to partie~s. 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: '
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Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92613-1584
Attention: Manager, Contract Administration and Materials Management
City of Tustin
300 Centennial Way
P.O. Box 3539
Tustin, CA 92681-3539
Attention: Assistant 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.
VIII. _MISCELLANEOUS
8.01 Consents and approvals. Any and all consents and approvals provided for or
permitted by this AGREEMENT shall be in writing, and a signed copy thereof shall be filed
and kept with the books of this AGREEMENT.
8.02 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. This AGREEMENT supersedes all prior understandings,
representations and undertakings between the parties, whether written or otherwise, with
respect to the subject matter hereof.
8.03 Force Majeure. Notwithstanding any provision in this AGREEMENT to the contrary,
this agreement shall not be construed to place responsibility on either party for repair or
replacement of non-operating and/or operating property damaged by fire, flood,
earthquake, explosion, or other casualty or Act of God or the public enemy.
8.04 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.
8.05 Severability. In case any one or more provisions contained in this AGREEMENT
shell for any reason be held invalid or illegal, or unenforceable in any respect, such
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invalidity, illegality or unenforceability shall not affect any other provision hereof; and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provisions has
never been contained herein.
8.06 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.
8.07 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 mean the party who obtains substantially all the relief sought by such
party in such action or proceedings, regardless of whether final court judgment is entered.
8.08 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 constitute a precedent for purposes of interpretation of this AGREEMENT.
8.09Governin,q Law,. This AGREEMENT shall be governed by and shall be construed in
accordance with the laws of the State of California.
IX. ,'TERMINATIO,N OF AGREEMENT
9.01 Acts Constituting Termination. This AGREEMENT shall commence on the date this
AGREEMENT is executed and shall continue until dissolved by mutual written consent of
the parties hereto.
.
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X. ACCEPTANCE
10.01 Acceptance of Agreement. The undersigned, having read the foregoing, accept and
agree to the terms set forth therein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
Dated:
CITY OF TUSTIN, a municipal
corporation
APPROVED AS TO FORM:
By:
Christine Shingleton
Director of Community Development
Lois Jeffrey
City Attorney
Dated:
"AUTHORITY"
ORANGE COUNTY TRANSPORTATION
AUTHORFI"Y
APPROVED AS TO FORM:
By:
Stan Oftelie
Chief Executive Officer
Kennard R. Smart, Jr.
General Counsel
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