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COOPERATIVE AGREEMENT NO. C -2 -1907 <br />I WHEREAS, CITY agrees to act as lead agency for engineering, right -of -way acquisition, <br />z construction management and construction of PROJECT; and <br />3 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and <br />a funding responsibilities between AUTHORITY and CITY (hereinafter referred to as "PARTIES ") for <br />s completion of PROJECT; and <br />G WHEREAS, AUTHORITY's Board of Directors approved the Cooperative Agreement on 13`h <br />7 day of Au ust, 2012; and <br />s WHEREAS, The City Manager approved the Cooperative Agreement pursuant to City <br />9 Council Resolution 2012 -016, approved by the City Council on the 21't day of May 2012. <br />to NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />it follows: <br />u ARTICLE 1. COMPLETE AGREEMENT <br />13 A. This Cooperative Agreement, including any attachments incorporated herein and <br />is made applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />15 conditions(s) of this agreement between AUTHORITY and CITY and it supersedes all prior <br />16 representations, understandings, and communications. The invalidity in whole or in part of any term <br />17 or condition of this Cooperative Agreement shall not affect the validity of other term(s) or <br />is conditions(s) of this Cooperative Agreement. The above referenced Recitals are true and correct <br />19 and are incorporated by reference herein, <br />m B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any <br />21 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or <br />22 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) <br />23 or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. <br />24 Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY <br />2; except when specifically confirmed in writing by an authorized representative of AUTHORITY by way <br />2c . <br />Page 3 of 11 <br />