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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 />AGREEMENT NO. C-6.3632 <br />referred to as "FTIP "), and in order to proceed or commence each phase of PROJECT for performance <br />under this Cooperative Agreement; and <br />WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />Orange County; and Caltrans administers the RSTP program on behalf of the FHWA and is responsible <br />for acquiring federal approvals for PROJECT on behalf of CITY, determining federal eligibility, <br />compliance with federal requirements, and reimbursement for project activities; and <br />WHEREAS, CITY agrees that AUTHORITY reserves the right to change the fund source <br />programmed to the PROJECT; and <br />WHEREAS, CITY agrees to act as lead agency for construction engineering, construction <br />management and construction of PROJECT, and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />responsibilities between AUTHORITY and CITY (hereinafter collectively referred to as "Parties" or <br />individually as "Party.) for completion of PROJECT; and <br />follows: <br />WHEREAS, CITY's Council approved the Cooperative Agreement on day of <br />2015. <br />NOW, THEREFORE, It is mutually understood and agreed by AUTHORITY and CITY as <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 term(s) and condition(s) of this <br />Agreement between AUTHORITY and CITY and it supersedes all prior representations, <br />understandings, and communications. The invalidity in whole or in part of any term or condition of this <br />Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The above <br />referenced 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 term(s) <br />or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's <br />2 bee tof 12 <br />