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COOPERATIVE AGREEMENT NO. C-6-1433 <br />1 WHEREAS, the AUTHORITY and the CITY intend to enter Into an Operations and <br />2 Maintenance Agreement for the operations and malntenanoe phase of the OC Streetcar System; <br />3 WHEREAS, the CITY is the owner of various City ROW where the OC Streetcar System is <br />4 proposed; <br />5 WHEREAS, the AUTHORITY, proposes to occupy and use a portion of such City ROW for the <br />6 construction of the OC Streetcar Project and the operation, and maintenance of the OC Streetcar <br />7 System; <br />8 WHEREAS, this Agreement defines the roles, responsibilities, commitments, obligations, and <br />8 expectations for the AUTHORITY and the CITY as they relate to the Authority's Use Rights, including <br />10 financial obligations; and <br />11 WHEREAS, the CITY desires by this Agreement to grant such rights and privileges to the <br />12 AUTHORITY, and to document the terms and conditions upon which such City ROW may be used by <br />13 the AUTHORITY for the construction, operation, and maintenance of the OC Streetcar System, <br />14 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY <br />15 as follows; <br />16 ARTICLE 7. DEFINITIONS <br />17 The following definitions shall apply throughout this Agreement, which includes those <br />18 attachments hereto that are Incorporated by reference. <br />19 A. "Authority Use Rights" means the rights to use the City ROW, as granted to the <br />26 AUTHORITY in this Agreement, <br />21 B, "City ROW" means the CITY's right of way, including streets and other improvements <br />22 thereto, which Is owned or controlled by the CITY and to which CITY is granting Authority Use Rights <br />23 as generally depicted In Exhibit A. <br />24 C, "Construction Agreement" means the cooperative agreement that will be put in place <br />26 between the AUTHORITY and the CITY which will document the terms and conditions pursuant to <br />26 which the OC Streetcar Project will be constructed. <br />Page 2 of 14 <br />L:1CammlCLERICAE_IWORDPROCIAGREEtiAG61433-20169215 OCSC ROW Use Agreement - 5A - Final - Updated.doox <br />