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COOPERATIVE AGREEMENT NO. C-94-859 <br />1 WHEREAS, the Santa Ana/Garden Grove Streetcar Locally Preferred Alternative was <br />2 identified by the CITY's City Council at its public meeting on August 5, 2014; and <br />3 WHEREAS, the Parties entered into a Memorandum of Understanding No. C-5-3295 <br />4 dated August 31, 2015 for the design, construction, operations, and maintenance of the "OC <br />5 Streetcar System" (MOU); and <br />6 WHEREAS, the CITY will be granting AUTHORITY easements at SARTC which will <br />7 permit AUTHORITY to use a portion of SARTC for the construction, operation and maintenance <br />8 of the OC Streetcar System; and <br />9 WHEREAS, the Parties have entered into or will be entering into various cooperative <br />10 agreements for the design, construction, use of CITY right of way, and operation and maintenance <br />11 of the OC Streetcar System; and <br />12 WHEREAS, the AUTHORITY's Board of Directors authorized its Chief Executive Officer <br />13 to execute this Agreement on 24th day of April, 2017; and <br />14 WHEREAS, the CITY's City Council approved this Agreement on 18th day of April, 2017. <br />15 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY AND CITY as <br />16 follows: <br />17 ARTICLE 1. DEFINITIONS <br />18 As used in this Agreement, the following terms, phrases, words and their derivations, shall <br />19 have meanings set forth herein. Words used in the present tense include the future tense. Words <br />20 used in the singular shall include the plural, and the plural words shall include the singular. Words <br />21 not specifically defined shall be given their common and ordinary meaning. <br />22 a. "Communication Shelter" refers to the communication shelter owned and operated <br />23 by OCTA/SCRRA identified as Operating Property within Exhibit A, attached hereto and <br />24 incorporated herein by this reference. <br />25 b. "Commuter/Intercity Rail Station' refers to the commuter/intercity rail passenger <br />26 terminal which includes Operating Property, Non -Operating Property, and the OC Streetcar <br />27 System and is as depicted in Exhibit B, attached hereto and incorporated herein by this reference. <br />Page 2 of 13 <br />I:\ca mm\cleri ca I\wo rd p roc\agree\ag94859fina l 051717vr1.docx <br />