25Q - AGMT STREETCAR RIGHT OF WAY COOP

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COOPERATIVE AGREEMENT NO. C-6-1433 1 WHEREAS, the AUTHORITY and the CITY intend to enter into an Operations and 2 Maintenance Agreement for the operations and maintenance phase of the OC Streetcar System; 3 WHEREAS, the CITY is the owner of various City ROW where the OC Streetcar System is 4 proposed; 5 WHEREAS, the AUTHORITY, proposes to occupy and use a portion of such City ROW for the 6 construction of the OC Streetcar Project and the operation, and maintenance of the OC Streetcar 7 System; 8 WHEREAS, this Agreement defines the roles, responsibilities, commitments, obligations, and 9 expectations for the AUTHORITY and the CITY as they relate to the Authority's Use Rights, including 10 financial obligations; and 11 WHEREAS, the CITY desires by this Agreement to grant such rights and privileges to the 12 AUTHORITY, and to document the terms and conditions upon which such City ROW may be used by 13 the AUTHORITY for the construction, operation, and maintenance of the OC Streetcar System. 14 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY 15 as follows: 16 ARTICLE 1. DEFINITIONS 17 The following definitions shall apply throughout this Agreement, which includes those 18 attachments hereto that are incorporated by reference. 19 A. "Authority Use Rights" means the rights to use the City ROW, as granted to the 20 AUTHORITY in this Agreement. 21 B. "City ROW" means the CITY's right of way, including streets and other improvements 22 thereto, which is owned or controlled by the CITY and to which CITY is granting Authority Use Rights 23 as generally depicted in Exhibit A. 24 C. "Construction Agreement" means the cooperative agreement that will be put in place 25 between the AUTHORITY and the CITY which will document the terms and conditions pursuant to 26 which the OC Streetcar Project will be constructed. Page 2 of 14 L:1Camm\CLERICAL\WORDPROCIAGREEVM4 191215 OCSC ROW Use Agreement - SA - Final - Updated.docx