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CLIENT: TY LIN INTERNATIONAL AR% RIGHT COF WAY <br /> PROJECT: 1-580 FOOTHILL ROAD INTERCHANGE SERVICES,INC. <br /> NEGOTIATIONS / ACQUISITIONS <br /> • AR/WS to prepare acquisition documents. Said documents include, but are not limited <br /> to, offer letter, summary statement pertaining to the acquisition of real property or an <br /> interest therein, purchase agreement, deed, public acquisition brochure and goodwill <br /> information sheet (if not addressed in Client brochure). <br /> • All acquisition documents to receive Client's written approval as to form prior to use in <br /> the field. If agreement with the owner or other required interests cannot be reached, <br /> ARMS will advise Client that negotiations have reached an impasse. The Client will <br /> consider scheduling of an action in eminent domain including the required public <br /> necessity hearing. ARMS will provide condemnation support as needed and requested, <br /> budget allowing. <br /> • AR/WS will initiate and maintain individual acquisition files. <br /> • If settlement with owners and other required interests is reached pursuant to the Client <br /> approved appraisal or Client approved administrative settlement, ARMS will prepare a <br /> Memorandum of Settlement for transmittal to Client. If an administrative settlement <br /> appears to be prudent, ARMS will prepare a settlement discussion memorandum <br /> reviewing the issues. This memorandum will require Client written approval before <br /> implementation of any settlement agreement. AR/WS will establish with Client a process <br /> of coordinating escrow closings and reviewing escrow instructions. Where there are <br /> escrow closings, preparation of escrow instructions will be completed by title company. <br /> Approval of conditions of title and escrow instructions, including but not limited to, <br /> "subject to"title exceptions, will be done by Client. <br /> • All discussions for the acquisition of property or an interest therein will be directed to <br /> result in the payment of just compensation. <br /> • AR/WS will make every reasonable effort to acquire property on behalf of the Client <br /> expeditiously through agreement with its owner and to avoid litigation. This may <br /> necessitate greater levels of effort in the negotiations phase and, where appropriate, <br /> should continue after eminent domain has been initiated. Client will provide ongoing <br /> feedback to ARMS as to authorization for settlements. <br /> CLIENT OBLIGATIONS (ACQUISITION) <br /> • Written approval of all acquisition documents in a timely manner. <br /> • Direction as to administrative settlements, negotiating authority and condition of title <br /> acceptance. <br /> • Providing any formats to be used by ARMS on Client's behalf. <br /> • Selection of title company. <br /> • Review and approval of title company prepared escrow instructions including acceptable <br /> condition of title. <br /> Page 4 of 8 <br />