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AMENDMENT NO.1 TO <br />COOPERATIVE AGREEMENT NO. C-6-1433 <br />EXHIBIT B <br />USE OF CITY RIGHT OF WAY <br />9.0 DUTY TO RESTORE <br />A Upon the expiration of this Agreement, or earlier termination or partial termination of <br />Authority Use Rights and/or this Agreement, all OC Streetcar System improvements located on <br />Occupied City ROW as to which Authority Use Rights have been terminated shall, at the option of <br />the CITY, as to any or all of the OC Streetcar System improvements, be removed by the AUTHORITY, <br />and the Occupied City ROW shall be restored to a condition consistent with CITY standard plans and <br />the then current condition of adjoining streets or other public facilities with respect to grade, <br />appearance, quality, finish, and type of construction, at the sole cost and expense of the <br />AUTHORITY. Restoration shall be performed within one hundred eighty (180) days of such <br />expiration or termination, or such longer period as shall be required by the nature of the work and <br />agreed to by the CITY and the AUTHORITY. For any improvements left intact at the option of the <br />CITY, CITY shall retain all ownership and possession thereof at no cost to CITY. <br />B. Notwithstanding the foregoing, any OC Streetcar System improvements which <br />constitute Federally Assisted Property, as defined below, shall remain the property of AUTHORITY <br />and AUTHORITY shall have the right to remove all such Federally Assisted Property at its sole cost <br />and expense. The CITY shall have the option to purchase such Federally Assisted Property and/or <br />have AUTHORITY leave the Federally -Assisted Property in place, provided that the CITYS purchase <br />of the Federally Assisted Property is in accordance with applicable law and Federal Transit <br />Administration ("FTA") grant requirements. AUTHORITY is required to comply with FTA regulations <br />when disposing of any OC Streetcar Systems improvements that are financed in in whole or part with <br />FTA assistance ("Federally Assisted Property"). The FTA grant requirements set forth a process and <br />methodology for disposing of the Federally Assisted Property, calculating the Federal interest, and <br />returning to the FTA proceeds from the sale of such Federally Assisted Property." <br />Page 1 <br />