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AMENDMENT NO. 1 TO <br />COOPERATIVE AGREEMENT NO. C -5 -3583 <br />PROJECT SCOPE <br />EXHIBIT B <br />Project Scope — Additional Support Services for Right of Way Acquisition <br />In order to secure the necessary Right of Way Certification for delivery of the Project, it may <br />become necessary to initiate eminent domain proceedings, defend inverse condemnation actions, <br />and provide for the retention of consultants or expert witnesses. The CITY hereby agrees to be <br />the lead agency for all eminent domain proceedings and activities pertaining to Assessor Parcel <br />Numbers 007 - 100 -04, 007 - 100 -05 and 007 - 110 -17 and their respective owners and occupants,' <br />including hearing and adopting Resolutions of Necessity, filing Complaints in Eminent Domain <br />and obtaining Orders for Prejudgment Possession. <br />In an effort to maintain a consensus on Project costs, the CITY agrees to inform AUTHORITY of <br />any proposal made by property owners or business owners to reach a legal settlement. The CITY <br />will invite AUTHORITY staff to any mediation or legal settlement conference in all litigated matters. <br />The CITY and AUTHORITY will meet and seek to reach consensus on the negotiated purchase <br />price of real property and payment for loss of business goodwill amount over the approved legal <br />expert fair market value appraisals, prior to the CITY's agreement to settlement(s) or prior to <br />entering into stipulated judgments(s). As part of reaching consensus, the CITY will share with <br />AUTHORITY decision makers all appraisals, deposition transcripts and documents pertinent to <br />the analysis of just compensation. These documents are confidential and will only be circulated <br />among AUTHORITY staff and legal counsel for the purpose of reaching a consensus on just <br />compensation and loss of business goodwill. <br />As specified in Exhibit C, "Financial Obligations ", this work shall be tracked separately and <br />segregated as an independent task within the City Support Work Plan and invoiced accordingly. <br />' Assessor Parcel Numbers 007 - 100 -04 and -05 are currently owned by Federico Valdivia, <br />Successor Trustee of the Valdivia Family Trust and occupied by a single business, SA <br />Recycling LLC. Assessor Parcel Number 007- 110 -17 is currently owned by Salvador Navarro <br />and is comprised of several residential structures. <br />25E -72 <br />