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6.3 Right of Way <br />63.1 Right of Way Acquisition <br />OCTA shall be responsible for all Right of Way activities. If necessary, OCTA and <br />the City shall cooperate in implementing eminent domain. If upon request by <br />OCTA, the City shall conduct public hearings to hear resolutions of necessity and <br />agrees to exercise its rights under eminent domain, to assign all of its rights, to join <br />OCTA in litigation if necessary. The City's compensation for eminent domain <br />proceedings shall be as defined in Section 5.3.3 above. <br />6.3.2 Excess Land <br />The disposition of any excess land as a result of property acquisitions is the <br />responsibility and at the discretion of OCTA. Any revenues from the disposition of <br />excess land will be reimbursed to the Project. <br />6.4 Public Relations <br />The Parties shall jointly develop and participate in a public awareness campaign (PAC) <br />that includes business outreach that advises businesses, residents elected officials, <br />motorists, and media of project status, construction impacts including street detours and <br />all other construction related information. PAC will take into consideration Santa Ana's <br />special event schedules. The City's compensation for public relations shall be as defined <br />in Section 5.3 above. <br />SECTION 7 PUBLIC WAY USE <br />This Section is intended to provide an understanding of general terms and conditions <br />between the Parties for the use of Santa Ana's public way for the Streetcar System. A <br />Public Way Use Agreement shall in good faith be developed between the Parties to define <br />in detail the roles, responsibilities, and expectations regarding OCTA's use of Santa Ana's <br />public way for as long as the Streetcar System is providing service as intended. Topics <br />to be addressed in detail in the Public Way Use Agreement shall include, but not limited <br />to, the following: <br />OCTA Use of Property <br />• Limits of Use <br />• As -Built Records <br />• Future Expansion /Future Work <br />• Term of Use <br />• Reference of O &M Agreement <br />• Termination of Operations <br />• Duty to Restore <br />• Indemnification <br />• Insurance <br />• Issue Resolution <br />General Provisions <br />Streetcar System Map <br />13 <br />L: \Camm\ CLERICAL \WORDPROC \AGREE \ag53295 SA OCTA MOU_Nnal 06.30.2015MOU.docx <br />