25Q - AGMT STREETCAR RIGHT OF WAY COOP

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COOPERATIVE AGREEMENT NO. C-6-1433 1 portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in 2 writing by an authorized representative of the CITY by way of a written amendment to this Agreement 3 and issued in accordance with the provisions of this Agreement. 4 ARTICLE 3. SCOPE OF AGREEMENT 5 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 6 AUTHORITY's use of City ROW. Both the AUTHORITY and the CITY agree that each will cooperate 7 and coordinate with the other in all activities covered by this Agreement and any other supplemental 8 agreements that may be required to facilitate the purposes thereof. 9 ARTICLE 4. CONSIDERATION 10 In consideration for the Authority Use Rights granted by the CITY to the AUTHORITY 11 hereunder, the AUTHORITY agrees to construct, operate and maintain the OC Streetcar System as 12 set forth in or as to be set forth in the Design Agreement, Construction Agreement, Plans and 13 Specifications, Project Submittals, and Operations and Maintenance Agreement. 14 ARTICLE 5. TERM 15 Beginning on the Effective Date, this Agreement and the Authority Use Rights herein granted 16 shall be operative for a period of 50 years (the "Initial Term"), subject to earlier termination as provided 17 by Article 6. AUTHORITY may, in its discretion, extend this Agreement upon the same terms and 18 conditions existing at the time of such extension for an additional term of up to 20 years ("Extended 19 Term"). To exercise its right to the Extended Term, AUTHORITY shall provide written notice to the 20 CITY no later than 24 months prior to the expiration of the Initial Term. For any period beyond the 21 Extended Term, this Agreement may be extended by mutual consent of the Parties at any time prior 22 to the expiration of the Extended Term, to the extent permitted by law. 23 ARTICLE 6. TERMINATION 24 A. This Agreement may not be terminated by either Party for convenience. 25 26 Page 5 of 14 L:\Camm\CLERICALIWORDPROC\AGREE\ t6QW 215 OCSC ROW Use Agreement-SA. Final-Updated.docx