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COOPERATIVE AGREEMENT NO. C-3-2323 <br /> 1 which set forth the terms and conditions for the OC Streetcar Project construction including, but not limited <br /> 2 to, AUTHORITY and CITY infrastructure; <br /> 3 WHEREAS, the AUTHORITY and the CITY entered into Cooperative Agreement No. C-6-1433, <br /> 4 Use of the City Right of Way Agreement("Use Agreement") dated March 17, 2017 for the AUTHORITY <br /> 5 to occupy and use a portion of the CITY right of way ("City ROW') for the operation and maintenance of <br /> 6 the OC Streetcar System; <br /> 7 WHEREAS, the AUTHORITY and the CITY entered into Amended and Restated Cooperative <br /> 8 Agreement No. C-94-859 for The Santa Ana Regional Transportation Center and the OC Streetcar <br /> 9 Agreement, ("SARTC Agreement") dated June 1, 2017, to include the design, construction, operations <br /> 10 and maintenance of the OC Streetcar System within the boundaries of the Santa Ana Regional <br /> 11 Transportation Center ("SARTC"); <br /> 12 WHEREAS, the purpose of this Agreement is to establish the roles, responsibilities, and <br /> 13 expectations with respect to the operations and maintenance of the OC Streetcar System including Pre- <br /> 14 Revenue Operations and Revenue Service. <br /> 15 WHEREAS, the AUTHORITY's Board of Directors authorized this Agreement on <br /> 16 Vg\6--' )2,10Z-1 ; 1 <br /> 17 WHEREAS, the CITY's City Council approved this Agreement on JanuarL� l(Or Zo 04 <br /> 18 NOW, THEREFORE, it is mutually understood and agreed by the Parties as follows: <br /> 19 ARTICLE 1. DEFINITIONS <br /> 20 The following definitions will apply throughout this Agreement, which includes those attachments <br /> 21 hereto that are incorporated by reference. <br /> 22 A. "Asset Replacement" means the replacement of Capital Assets and is considered a capital <br /> 23 expenditure and not a maintenance activity. <br /> 24 B. "Authority Periodic Maintenance" means Preventive Maintenance activities in street running <br /> 25 sections of the System, performed by the AUTHORITY, requiring short-term roadway closures. <br /> 26 / <br /> Page 2 of 14 <br />