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AGREEMENT NO. C -9 -0605 <br />I WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, <br />2 Efficient Transportation Equity Act - A Legacy for Users which provides the RSTP funding and was <br />3 passed by the federal government in 2005 will expire in September of 2009 and that RSTP funding <br />4 for the PROJECT is contingent on funding being available through this Act and the PROJECT <br />5 maintaining its eligibility for this funding; and <br />6 WHEREAS, AUTHORITY and CITY agree that the CITY is the direct recipient for RSTP <br />7 funds through Caltrans; and <br />s WHEREAS, CITY and AUTHORITY agree that the total full funding for this phase of the <br />9 PROJECT including planning, preliminary engineering and environmental clearance shall be Three <br />10 Million Dollars ($3,000,000) in accordance with the funding schedule shown as Exhibit 1, which is <br />I attached herein and incorporated by reference; and <br />12 WHEREAS, CITY agrees to act as lead agency for planning, preliminary engineering and <br />13 environmental clearance of said PROJECT; and <br />14 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and <br />15 funding responsibilities between AUTHORITY and CITY for completion of the PROJECT. <br />16 WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on <br />17 September XX, 2009; and <br />is NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />19 follows: <br />20 ARTICLE 1. COMPLETE AGREEMENT <br />21 A. This Agreement, including any exhibits and documents incorporated herein and made <br />22 applicable by reference, constitute the complete and exclusive statement of the terms and conditions <br />23 of this Agreement between AUTHORITY and CITY concerning funding of PROJECT. The above - <br />24 referenced Recitals are true and correct and are incorporated by reference herein. <br />25 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any <br />26 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of <br />Page 2 of 8 <br />25C -4 <br />