ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-5-3586)

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COOPERATIVE AGREEMENT NO. C -5 -3583 1 "Revenue Service" means the streetcar is operational and providing service to the public as 2 intended. 3 "Site Plan Review" is the process by which the CITY reviews project development submittals 4 and identify the requirements and conditions of approval for a development project. 5 "Work Plan" is the CITY's staffing budget for the responsibilities identified in this Agreement 6 and as provided for in Exhibit C. 7 ARTICLE 2. COMPLETE AGREEMENT 8 A. This Agreement, including any attachments incorporated herein and made applicable 9 by reference, constitutes the entire term(s) and condition(s) for the subject matter addressed in this 10 Agreement between the AUTHORITY and the CITY. This Agreement does not replace or supersede 11 the MOU for this Project entered into prior to this Agreement; however, any terms or conditions in 12 conflict shall be controlled by this Agreement. The invalidity in whole or in part of any term or condition 13 of this Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The 14 above referenced Recitals are true and correct and are incorporated by reference herein. 15 B. The AUTHORITY's failure to insist on any instance(s) of the CITY's performance of any 16 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the 17 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and 18 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion 19 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in 20 writing by an authorized representative of the AUTHORITY by way of a written amendment to this 21 Agreement and issued in accordance with the provisions of this Agreement. 22 C. The CITY's failure to insist on any instance(s) of the AUTHORITY's performance of any 23 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the 24 CITY's right to such performance or to future performance of such term(s) or condition(s), and the 25 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 26 portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in Page 5 of 13 L:1 Cammi CLERICALIWORDPROCIAOREE}A053583 corrected 2016.04.27.docx