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i <br />2 <br />3 <br />4 <br />s <br />s <br />s <br />s <br />io <br />i� <br />�z <br />13 <br />is <br />15 <br />�s <br />�� <br />is <br />is <br />zo <br />zi <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C -1 -2630 <br />WHEREAS, AUTHORITY and CITY agree that the total full funding for the PROJECT <br />including construction management and construction shall be Seven Hundred Sixty Two Thousand <br />Dollars ($762,000) in accordance with Exhibit A titled "TE Funding Plan ", which is attached herein <br />and incorporated by reference; 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 through a continuing resolution. TE funding for the PROJECT is contingent upon funding <br />being 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 TE <br />program on behalf of the Federal Highway Administration (FHWA) and the California Transportation <br />Commission (CTC) approves funding for projects through the State Transportation Improvement <br />Program (STIP). AUTHORITY is responsible for programming the funds to specific projects within <br />Orange County. Caltrans is responsible for acquiring federal approvals for the project on behalf of <br />the CITY, determining federal eligibility, compliance with federal requirements, and reimbursement <br />for project activities. In order to proceed or commence each phase of PROJECT for performance <br />under this Agreement, CITY is responsible to request and receive approvals from the appropriate <br />State, Federal and Local agencies; and <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 />WHEREAS, the AUTHORITY's Board of Directors approved the Cooperative Agreement on <br />September 27, 201 O; and <br />Page2of10 <br />L Gamm\CLERICAL\CLERI GAL \WORDPROC WGR EE WG 12630 <br />