25B - COOPERATIVE AGREEMENT OCTA PROJECTS 126770, 126771 AND 126772

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COOPERATIVE AGREEMENT NO. C-1-3023 1 agreement on June 13, 2011 2 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the 3 day of 20 4 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the 5 day of , 20 6 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the 7 day of 20 8 WHEREAS, the CITY of Tustin's City Council approved this Agreement on the 9 day of , 20 10 WHEREAS, the State of California Department of Transportation's Deputy District Director of 11 Operations approved this Agreement on the day of , 20 12 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 13 PARTICIPATING AGENCIES as follows: 14 ARTICLE 1. COMPLETE AGREEMENT 15 A. This Agreement, including any attachments incorporated herein and made applicable by 16 reference, constitutes the complete and exclusive statement of the terms and conditions of this 17 Agreement between AUTHORITY and the PARTICIPATING AGENCIES and it supersedes all prior 18 representations, understandings and communications between the parties. The invalidity in whole or in 19 part of any term or condition of this Agreement shall not affect the validity of other term(s) or 20 conditions(s) of this Agreement. The above referenced Recitals are true and correct and are 21 incorporated by reference herein. 22 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's 23 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 24 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 25 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes 26 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically Page 3 of 16 25B-31