25E - AGMT - STREETCAR DESIGN SRVS

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COOPERATIVE AGREEMENT NO. C -5 -3583 EXHIBIT B 8.0 REAL ESTATE The AUTHORITY shall be responsible for all right of way acquisition activities. If necessary, the AUTHORITY and the CITY shall cooperate in implementing eminent domain. If requested by the AUTHORITY, the CITY shall conduct public hearings to hear resolutions of necessity and agrees to exercise its rights under eminent domain, to assign all of its rights, and to join the AUTHORITY in litigation if necessary. Compensation for right of way acquisition support is addressed in Exhibit C, Section 5.1.3. 9.0 COORDINATION OF ADJACENT PROJECTS The CITY agrees to keep the AUTHORITY informed on all design and construction projects that may directly impact this Project and that are submitted to the CITY for approval. This includes, but is not limited to, utility projects, communication projects, development projects, and other improvement projects. To the extent permitted by law and except for renewals or extensions of existing licenses or permits, and renewals or extensions of existing use rights, the CITY shall not issue new licenses, permits, or use rights within the City's public right of way that materially interfere with the AUTHORITY's construction of the Project. 10.0 PERMITS AND COORDINATION 10.1 USE OF RIGHT OF WAY The CITY agrees to grant to the AUTHORITY certain non - exclusive rights to use the CITY right of way for streetcar purposes, including the right to construct, operate, and maintain tracks, stations, OC Streetcar elements, and other improvements necessary for the OC Streetcar on that portion of the Project alignment constituting the CITY's public way or right of way. The AUTHORITY's use of the CITY's public way or right of way shall be at no charge and upon such terms and conditions as set forth in a Public Way Use Agreement. Exhibit B Page 17 L: \Camm\ CLERICAL \WORDPROCWGREE\AG53583 16 r 72 94.27.docx