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COOPERATIVE AGREEMENT NO. G- 6.1433 <br />1 the construction phase for the OC Streetcar Project; <br />2 WHEREAS, the AUTHORITY and the CITY intend to enter into an Operations and <br />3 Maintenance Agreement for the operations and maintenance phase of the OC Streetcar System; <br />4 WHEREAS, the CITY is the owner of various City ROW where the OC Streetcar System is <br />5 proposed; <br />6 WHEREAS, the AUTHORITY, proposes to occupy and use a portion of such City ROW for <br />7 the construction of the OC Streetcar Project and the operation, and maintenance of the OC <br />8 Streetcar System; <br />g WHEREAS, this Agreement defines the roles, responsibilities, commitments, obligations, and <br />10 expectations for the AUTHORITY and the CITY as they relate to the Authority's Use Rights, <br />11 including financial obligations; and <br />12 WHEREAS, the CITY desires by this Agreement to grant such rights and privileges to the <br />13 AUTHORITY, and to document the terms and conditions upon which such City ROW may be used <br />14 by the AUTHORITY for the construction, operation, and maintenance of the OC Streetcar System. <br />15 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY <br />16 as follows: <br />17 ARTICLE 1. DEFINITIONS <br />18 The following definitions shall apply throughout this Agreement, which includes those <br />19 attachments hereto that are incorporated by reference. <br />20 A. "Authority Use Rights" means the rights to use the City ROW, as granted to the <br />21 AUTHORITY in this Agreement. <br />22 B. "City ROW" means the CITY's right of way, including streets and other improvements <br />23 thereto, which is owned or controlled by the CITY and to which CITY is granting Authority Use <br />24 Rights as generally depicted in Exhibit A. <br />25 C, "Construction Agreement" means the cooperative agreement that will be put in place <br />26 Page 2 of 13 <br />F:1SG &A1SG &A Client Folders \6 - HDR EngineeringW6.09.15 - OCTA- Program Management \Work Tasks \1 - Agreements \11 - SA Use <br />Agreement\6- Final\AG61433- 20161215 OCSC ROW Use Agreement - SA - Final - Updated.doox <br />25F -6 <br />