Item 11 - OC Streetcar Operations and Maintenance Cooperative Agreement

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1 2 3 4 5 6 7 8 9 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-3-2323 which set forth the terms and conditions for the OC Streetcar Project construction including, but not limited to, AUTHORITY and CITY infrastructure; WHEREAS, the AUTHORITY and the CITY entered into Cooperative Agreement No. C-6-1433, Use of the City Right of Way Agreement ("Use Agreement") dated March 17, 2017 for the AUTHORITY to occupy and use a portion of the CITY right of way ("City ROW') for the operation and maintenance of the OC Streetcar System; WHEREAS, the AUTHORITY and the CITY entered into Amended and Restated Cooperative Agreement No. C-94-859 for The Santa Ana Regional Transportation Center and the OC Streetcar Agreement, ("SARTC Agreement") dated June 1, 2017, to include the design, construction, operations and maintenance of the OC Streetcar System within the boundaries of the Santa Ana Regional Transportation Center ("SARTC"); WHEREAS, the purpose of this Agreement is to establish the roles, responsibilities, and expectations with respect to the operations and maintenance of the OC Streetcar System including Pre - Revenue Operations and Revenue Service. WHEREAS, the AUTHORITY's Board of Directors authorized this Agreement on WHEREAS, the CITY's City Council approved this Agreement on ; NOW, THEREFORE, it is mutually understood and agreed by the Parties as follows: ARTICLE 1. DEFINITIONS The following definitions will apply throughout this Agreement, which includes those attachments hereto that are incorporated by reference. A. "Asset Replacement" means the replacement of Capital Assets and is considered a capital expenditure and not a maintenance activity. B. "Authority Periodic Maintenance" means Preventive Maintenance activities in street running sections of the System, performed by the AUTHORITY, requiring short-term roadway closures. 1 Page 2 of 14