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COOPERATIVE AGREEMENT NO. C-2-1849 <br />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 />Thousand Dollars ($3,764,000) for PROJECT in accordance with Exhibit A titled "SLPP Funding <br />Plan", which is attached herein and incorporated by reference; and <br />WHEREAS, PARTIES agree CITY will adhere to M2 Comprehensive Transportation Funding <br />Programs Master Funding Agreement C-1-2783 executed between CITY and AUTHORITY; and <br />WHEREAS, PARTIES agree that CITY's SLPP local match funding requirements for <br />PROJECT will be provided from CITY's Measure M Turnback or M2 Fair Share distribution and shall <br />be used as a dollar-for-dollar match for the SLPP funds approved for PROJECT; and <br />WHEREAS, this Cooperative Agreement (Agreement) defines the specific terms and <br />conditions and funding responsibilities between AUTHORITY and CITY for completion of the <br />PROJECT; and <br />WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on <br />July 23, 2012; and <br />WHEREAS, CITY's Council approved this Cooperative Agreement on this day of <br />2012; and <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />I follows: <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Agreement, including any attachments incorporated herein and made applicable <br />by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of <br />this agreement between PARTIES and it supersedes all prior representations, understandings, and <br />communications. The invalidity in whole or in part of any term or condition of this Agreement shall <br />not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced <br />Recitals are true and correct and are incorporated by reference herein. <br />B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of <br />AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), <br />Page 3 of 12 <br />L:Camm\CLERICAL\CLERICAL\WOR DPROC\AG R EE W G21849.doc <br />25G-7