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ORANGE COUNTY TRANSPORTATION AUTHORITY CONFIDENTIAL <br />71tis document contains personal <br />RIGHT OF WAY CONTRACT <br />information, and pursuant to Civil Code <br />section 1798.2 1, it shall be kept confidential <br />in order to protect against unauthorized <br />disclosure. <br />OC STREETCAR PROJECT <br />2016-2020 W. Fifth Street, Santa Ana, CA 92703 OCS-001 007-110-17 <br />Property Address Parcel No(s) APN(s) <br />TBD -Pending FTA 08026699 -920 -CMM <br />Federal Project No. Escrow No. Title Order No. <br />RIGHT-OF-WAY CONTRACT <br />Salvador Navarro, an unmarried man (hereinafter, "Grantor"), owns the real property located at 2016- <br />2020 W. Fifth Street, Santa Ana, CA 92703 in the County of Orange, Assessor Parcel Number 007- <br />110-17 (the "Property"). The Property is needed for construction of the OC Streetcar Project, a modern <br />streetcar system connecting the Santa Ana Regional Transportation Center to Harbor Boulevard and <br />Westminster Avenue in the City of Garden Grove (the "Project"). Document No. OCS-001 in the, form <br />of a Grant Deed (Exhibit "1") to the Orange County Transportation Authority ("OCTA"), covering the <br />property interests as described and depicted in Exhibits "A" and "B" attached thereto (the "Property <br />Interests") has been executed and delivered to, Philip Bonina, Right -of -Way Agent for Paragon <br />Partners Ltd., agent for OCTA. <br />In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as <br />follows: <br />(A) The parties have herein set forth the whole of their agreement ("Agreement"). The <br />performance of this Agreement constitutes the entire consideration and shall relieve <br />OCTA of all further obligations or claims on this account, or on account of the location, <br />grade or construction of the proposed public improvement. <br />(B) OCTA requires said Property Interests described in Document No. OCS-001 for the <br />Project, a public use for which OCTA has the authority to exercise the power of eminent <br />domain. <br />(C) Both Grantor and OCTA recognize the expense, time, effort, and risk to both parties in. <br />determining the compensation for the Property Interests by eminent domain litigation. <br />The compensation set forth herein for the Property Interests is in compromise and <br />settlement, in lieu of such litigation. <br />(D) It is agreed that OCTA shall open an escrow in accordance with this Agreement at <br />Commonwealth Land Title Insurance Company (Escrow Agent). This Agreement <br />constitutes the joint escrow instructions of OCTA and Grantor, and Escrow Agent to <br />whom these instructions are delivered is hereby empowered to act under this <br />Agreement. The parties hereto agree to perform all acts reasonably necessary to close <br />this escrow within sixty (60) days following the opening of escrow. <br />2. (A) OCTA shall pay the undersigned Grantor the sum of $724,000 for the Property Interests <br />conveyed by Document No. OSC-001 (Grant Deed attached as Exhibits 1 hereto) when <br />title to said Property Interests vests in OCTA freer and clear of all liens, deeds of trusts, <br />encumbrances, assessments, easements and leases (recorded and/or unrecorded), and <br />taxes. <br />7 j.R-2A <br />