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COOPERATIVE AGREEMENT NO. C-8-0862 <br />under this AGREEMENT are contingent upon CITY's approval of environmental review of the <br />PROJECT pursuant to the California Environmenal Quality Act; and <br />WHEREAS, AUTHORITY'S obligations under this AGREEMENT are subject to CITY'S <br />approval of CITY'S review of the PROGRAM pursuant to the California Environmental Quality <br />Act, Public Resources Code section 21000 et seq ("CEQA"). AUTHORITY shall have no <br />obligations under this AGREEMENT, and the AGREEMENT shall have no force and effect, <br />unless and until AUTHORITY determines, in its sole and absolute discretion, that CITY has <br />completed and approved all applicable CEQA reviews and made any and all appropriate and <br />applicable findings under CEQA as required by law. <br />NOW, THEREFORE, it is mutually understood and agreed by CITY and AUTHORITY <br />as follows: <br />ARTICLE 1. COMPLETE AGREEMENT <br />This AGREEMENT, including all exhibits and documents incorporated herein and made <br />applicable by reference, constitutes the complete and exclusive statement of the terms and <br />conditions of this AGREEMENT concerning the work identified herein and prior <br />representations, understandings and communications between the parties. The invalidity in <br />whole or part of any term or condition of this AGREEMENT shall not affect the validity of the <br />other terms or conditions. <br />ARTICLE 2. SCOPE OF SERVICES <br />A. <br />This AGREEMENT specifies the procedures that AUTHORITY and CITY will <br />follow in connection with the work to be performed. AUTHORITY agrees to provide all <br />improvements identified in Exhibit A, "Scope of Work", which by this reference is <br />incorporated into this AGREEMENT subject to ARTICLE 5. Both AUTHORITY and CITY agree <br />Page 3 of 14 <br />Last Revision 10/29108 <br />