ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-5-3583) (1ST)

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AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-5-3583 PROJECT SCOPE EXHIBIT B Project Scope -- Additional Support Services for Right of Way Acquisition In order to secure the necessary Right of Way Certification for delivery of the Project, it may become necessary to initiate eminent domain proceedings, defend inverse condemnation actions, and provide for the retention of consultants or expert witnesses. The CITY hereby agrees to be the lead agency for all eminent domain proceedings and activities pertaining to Assessor Parcel Numbers 007-100-04, 007-100-05 and 007-190-17 and their respective owners and occupants,' including hearing and adopting Resolutions of Necessity, filing Complaints in Eminent Domain and obtaining Orders for Prejudgment Possession. In an effort to maintain a consensus on Project costs, the CITY agrees to inform AUTHORITY of any proposal made by property owners or business owners to reach a legal settlement. The CITY will invite AUTHORITY staff to any mediation or legal settlement conference in all litigated matters. The CITY and AUTHORITY will meet and seek to reach consensus on the negotiated purchase price of real property and payment for loss of business goodwill amount over the approved legal expert fair market value appraisals, prior to the CITY's agreement to settlement(s) or prior to entering into stipulated judgments(s). As part of reaching consensus, the CITY will share with AUTHORITY decision makers all appraisals, deposition transcripts and documents pertinent to the analysis of just compensation. These documents are confidential and will only be circulated among AUTHORITY staff and legal counsel for the purpose of reaching a consensus on just compensation and loss of business goodwill. As specified in Exhibit C, "Financial Obligations", this work shall be tracked separately and segregated as an independent task within the City Support Work Plan and invoiced accordingly. 1 Assessor Parcel Numbers 007-100-04 and -05 are currently owned by Federico Valdivia, Successor Trustee of the Valdivia Family Trust and occupied by a single business, SA Recycling LLC. Assessor Parcel Number Oa7-110-17 is currently owned by Salvador Navarro and is comprised of several residential structures.