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COOPERATIVE AGREEMENT NO. C-9.1837 <br />x <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />l0 <br />u <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />Orange County; and Caltrans administers the CMAQ program on behalf of the FHWA and is <br />responsible for acquiring federal approvals for PROJECT on behalf of CITY, determining federal <br />eligibility, compliance with federal requirements, and reimbursement for PROJECT activities; and <br />WHEREAS, CITY agrees to act as lead agency for preliminary engineering, right-of-way, <br />construction and construction management of PROJECT; and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />responsibilities between the PARTIES for completion of PROJECT; and <br />zm* <br />WHEREAS, on June 10, 2019, AUTHORITY's Board approved this Cooperative Agreement; <br />WHEREAS, CITY's City Council approved this Cooperative Agreement on day of <br />f[.Ili* M <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Cooperative Agreement, including any attachments incorporated herein and made <br />applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />condition(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior <br />representations, understandings, and communications. The invalidity in whole or in part of any term <br />or condition of this Cooperative Agreement shall not affectthe validity of other term(s) or condition(s) <br />of this Cooperative Agreement. The above referenced Recitals are true and correct and are <br />incorporated by reference herein. <br />B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) <br />or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of <br />Page 3 of 12 <br />L1CammtCLERICAI..1w4Rr7PROClAGREELAG91837.doex <br />