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COOPERATIVE AGREEMENT NO. C-1-3099 <br />i and the Preliminary Engineering Phase (as defined in Project "S" application, received by the <br />z AUTHORITY dated October 8, 2010) for the Santa Ana and Garden Grove Fixed Guideway <br />3 Corridor; (hereinafter referred to as "PROJECT"); and <br />4 WHEREAS, AUTHORITY and CITY entered into Cooperative Agreement C-1-2447 on May <br />5 20, 2011 to define the roles and responsibilities related to funding between the AUTHORITY and <br />6 CITY for the PROJECT; and <br />7 WHEREAS, on September 26, 2011, the AUTHORITY'S Board of Directors approved that <br />s the AUTHORITY will serve as the Federal Transit Administration Grantee for the PROJECT and that <br />9 the CITY will serve as the sub-recipient; and <br />10 WHEREAS, AUTHORITY and the CITY desire to amend and restate and enter into an <br />>> amended and restated Cooperative Agreement that supersedes Cooperative Agreement C-1-2447 <br />12 to define the roles and responsibilities related to funding between the AUTHORITY and CITY for the <br />13 PROJECT; and <br />14 WHEREAS, the CITY is acting on behalf of itself as well as its partner, the City of Garden <br />15 Grove, as the local agency lead for the PROJECT; and <br />16 WHEREAS, the AUTHORITY and the CITY agree that the terms and conditions of this <br />17 Agreement only apply to the project development and Preliminary Engineering as that term is <br />Is defined by the Federal Transit Administration and that if the Santa Ana/Garden Grove Fixed- <br />19 Guideway Project moves beyond the Preliminary Engineering PHASE, the AUTHORITY and the <br />20 CITY will be required to enter into additional agreements addressing, at a minimum, the roles and <br />21 responsibilities of the AUTHORITY and the CITY during design and construction of the Santa <br />22 Ana/Garden Grove Fixed-Guideway Project and the roles and responsibilities of the AUTHORITY <br />23 and the CITY relative to the operations and maintenance of the Santa Ana/Garden Grove Fixed- <br />24 Guideway Project after completion of construction; and <br />25 <br />26 <br />Page 2 of 17 <br />25D-5