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itt <br />w,yn.- .`t�rt..r. �td. <br />conflict for a disola <br />agency, with no federal funds in their project, to adopt a similar policy as <br />outlined in the FHWA Temporary Programmatic Waiver. Therefore, the City could use this programmatic <br />waiver to better serve residential displacees whether there was federal funding or not. While the waiver is <br />set to expire on January 1, 2011, it may be extended due to the current economic climate. <br />Possession and Use Agreements <br />Similarly, Paragon will evaluate the usefulness of gaining possession of parcels through Possession and <br />Use agreements. Possession and Use agreements are employed when a settlement has not been reached <br />with the owner and condemnation does not appear to be the appropriate course of action. In these cases, <br />the owner will be given the option of receiving compensation based on the City's estimate of just <br />compensation or payment of interest on the settlement amount. In exchange, the City will have the legal <br />right to possess and use the owner's property prior to execution of a Right of Way Contract. The judicious <br />use of Possession and Use agreements will allow the City to gain control of key parcels without going <br />through lengthy settlement negotiations and/or condemnation before the right of possession is gained. <br />D. Exceptions /Deviations <br />Paragon takes no exceptions to the requirements of the Request for Proposals or to the terms of the <br />Proposed Agreement. <br />y- <br />City of Santa Ana RFP for Right of Way Consulting and Related Services November 15, 2010 <br />r Paragon Partners Ltd. Proposal to Provide (A5) Acquisition, Relocation and Property Management Services Page 30 <br />