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1 <br />2 <br />3 <br />4 <br />s <br />6 <br />7 <br />s <br />9 <br />10 <br />u <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-2-1905 <br />WHEREAS, CITY agrees to act as lead agency for engineering, right-of-way acquisition, <br />construction management and construction of 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 PROJECT; and <br />WHEREAS, AUTHORITY's Board of Directors approved the Cooperative Agreement on 13th <br />day of Au ust, 2012; and <br />WHEREAS, The City Manager approved the Cooperative Agreement pursuant to City <br />Council Resolution 2012-016, approved by the City Council on the 21st day of May 2012. <br />follows: <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Cooperative Agreement, including any attachments incorporated herein and <br />made applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />conditions(s) of this agreement between AUTHORITY and CITY and it supersedes all prior <br />representations, understandings, and communications. The invalidity in whole or in part of any term <br />or condition of this Cooperative Agreement shall not affect the validity of other term(s) or <br />conditions(s) of this Cooperative Agreement. The above referenced Recitals are true and correct <br />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 Cooperative 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) <br />or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. <br />Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY <br />except when specifically confirmed in writing by an authorized representative of AUTHORITY by way <br />Page 3 of 11 <br />