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1 <br />2 <br />3 <br />4 <br />s <br />6 <br />7 <br />s <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />2s <br />26 <br />AGREEMENT NO. C -0 -1812 <br />WHEREAS, CITY and AUTHORITY agree that the total full funding for the PROJECT <br />including engineering, right -of -way acquisition, construction management and construction shall be <br />Three Hundred Eighty One Thousand Dollars ($381,000) in accordance with Exhibit A titled "TE <br />Funding Plan ", which is attached herein and incorporated by reference; and <br />WHEREAS, AUTHORITY and CITY agree that Caltrans and Federal Highway Administration <br />(FHWA) authorization is required following the AUTHORITY's amendment to the Federal <br />Transportation Improvement Program (FTIP), and in order to proceed or commence each phase of <br />PROJECT for performance under this Agreement; and <br />WHEREAS, AUTHORITY and CITY agree that the Federal Safe, Accountable, Flexible, <br />Efficient Transportation Equity Act - A Legacy for Users (SAFETEA -LU), which provides the TE <br />funding, was passed by the federal government in 2005, expired in September of 2009 and was <br />extended until December of 2010. TE funding for the PROJECT is contingent upon funding being <br />available through SAFETEA -LU or a new transportation act and the PROJECT maintaining its <br />eligibility for this funding; and <br />WHEREAS, the California Department of Transportation (Caltrans) administers the <br />Transportation Enhancement (TE) program on behalf of the Federal Highways Administration <br />(FHWA) and the California Transportation Commission (CTC) approves funding for projects through <br />the State Transportation Improvement Program (STIP). AUTHORITY is responsible for programming <br />the funds to specific projects within Orange County. Caltrans in responsible for acquiring federal <br />approvals for the project on behalf of the CITY, determining federal eligibility, compliance with <br />federal requirements, and reimbursement for project activities. <br />WHEREAS, CITY agrees to act as lead agency for engineering, right -of -way acquisition, <br />construction management and construction of said PROJECT; and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and <br />funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES ") for <br />completion of the PROJECT. <br />Page 2 of 10 <br />L Camm \CLERICALT LERICALIWORDPROCWGREEWG01812 <br />