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AGREEMENT NO. C- 6-3632 <br />1 <br />2 referred to as "FTIP "), and in order to proceed or commence each phase of PROJECT for performance <br />3 under this Cooperative Agreement; and <br />4 WHEREAS, AUTHORITY is responsible for programming the funds to specific projects within <br />5 Orange County; and Caltrans administers the RSTP program on behalf of the FHWA and is responsible <br />6 for acquiring federal approvals for PROJECT on behalf of CITY, determining federal eligibility, <br />7 compliance with federal requirements, and reimbursement for project activities; and <br />8 WHEREAS, CITY agrees that AUTHORITY reserves the right to change the fund source <br />9 programmed to the PROJECT; and <br />10 WHEREAS, CITY agrees to act as lead agency for construction engineering, construction <br />11 management and construction of PROJECT; and <br />12 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />13 responsibilities between AUTHORITY and CITY (hereinafter collectively referred to as "Parties" or <br />14 individually as "Party ") for completion of PROJECT; and <br />15 WHEREAS, CITY's Council approved the Cooperative Agreement on 150 day of <br />16 ) Q't.a2 MN P- V- 2015. <br />17 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />18 follows: <br />19 ARTICLE 1. COMPLETE AGREEMENT <br />20 A. This Agreement, including any attachments incorporated herein and made applicable by <br />21 reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this <br />22 Agreement between AUTHORITY and CITY and it supersedes all prior representations, <br />23 understandings, and communications. The invalidity in whole or in part of any term or condition of this <br />24 Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The above <br />25 referenced Recitals are true and correct and are incorporated by reference herein. <br />26 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 />Page 3 of 12 <br />