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