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21 <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 />COOPERATIVE AGREEMENT NO. C-6-1516 <br />WHEREAS, the CITY's City Council approved this Agreement on ; <br />NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY <br />I as follows: <br />ARTICLE 1. DEFINITIONS <br />"Betterment" means any work or items that are requested by the CITY or a third party that go <br />beyond what is needed for the basic functioning of the Project. Betterments must i) not be prohibited <br />by a governing state or federal standard ii) not adversely impact the operation of the Project and iii) <br />not unreasonably delay or interfere with the Project schedule. Notwithstanding the foregoing, none of <br />the following shall be considered Betterments: <br />(a) A change in scope to which the Parties mutually agree, is necessary for the construction, <br />operation or maintenance of the Project; <br />(b) A requirement of applicable law; <br />(c) A requirement of applicable CITY standards, in effect at the execution of the Design <br />Agreement,; <br />(d) Any measures to mitigate envirci mental or other impacts of the Project arising from the <br />construction or operation or maintenance of the Project, including measures identified in <br />the Project's EIR or any required supplemental or addenda environmental report once <br />cleared. <br />"CEQA" means California Environmental Quality Act. <br />"City Bike Lane Project" means the CITY's implementation of new bike lane facilities, including <br />design and construction, within CITY streets and within the construction limits of the Project. The Bike <br />Lane Project is not using Project funds. <br />"City Right of Way Agreement" means the agreement established between the Parties <br />establishing the AUTHORITY's right to use the CITY's right of way for the OC Streetcar. <br />"Construction Contractor" means the firms(s) procured by the AUTHORITY to construct the <br />Project or portions of the Project. <br />I:lcammlclericallwordproclagreelag6l 516.docx <br />Page 3 of 15 <br />