Acquisition of Project Right of Way; Utility Relocations. WMATA Coordination; Railroad Easements (a) Right of Way Acquisition Obligations. The Developer will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Developer will carry out such Work as follows: (i) the Developer will carry out the Work specified herein, in each case in accordance with the Technical Requirements and all applicable Laws; (ii) the Developer will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 of the Code of Virginia; (iii) the Developer will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the Developer, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets; provided, however, for the avoidance of doubt, that temporary easements which the Developer reasonably believes are necessary for the safe construction of the Project Assets or as needed in order to comply with applicable Law (including the Virginia Occupational Health Standards adopted under Code of Virginia, and the U.S. Department of Labor’s Occupational Safety and Health Standards Administration) shall be included in the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term; (iv) Without prejudice to its rights hereunder, the Developer will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Developer has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements; (v) the Developer will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and (vi) the Developer will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the Commonwealth and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.
Appears in 3 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Acquisition of Project Right of Way; Utility Relocations. WMATA Coordination; Railroad Easements
(a) Right of Way Acquisition Obligations. The Developer will perform all Project ROW Acquisition Work necessary for the construction of the Project Assets including but not limited to all appraisals, appraisal reviews, negotiations with landowners and Utility Owners, relocation assistance and advisory services, and legal services. The Developer will carry out such Work as follows:
(i) the Developer will carry out the Work specified herein, in each case in accordance with the Technical Requirements and all applicable Laws;
(ii) the Developer will acquire all Project Right of Way in accordance with the Technical Requirements and Law, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the “Uniform Act”) and Titles 25.1 and 33.2 of the Code of Virginia;
(iii) the Developer will submit a ROW Acquisition and Relocation Plan to the Department for its approval. Unless otherwise permitted in the Technical Requirements, the ROW Acquisition and Relocation Plan will not include parcels considered to be solely for the convenience of the Developer, including those necessary to accommodate laydown, staging, temporary drainage and other construction methods in connection with the construction of the Project Assets; provided, however, for the avoidance of doubt, that temporary easements which the Developer reasonably believes are necessary for the safe construction of the Project Assets or as needed in order to comply with applicable Law (including the Virginia Occupational Health Standards adopted under Code of Virginia, and the U.S. Department of Labor’s Occupational Safety and Health Standards Administration) shall be included in the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will identify a schedule of right of way activities including the specific parcels to be acquired and all relocations. The ROW Acquisition and Relocation Plan will allow for the orderly relocation of displaced persons based on time frames not less than those provided by the Uniform Act. The parties will comply with the submittal and review procedures set forth in Section 10.05 with regards to the Department’s approval of the ROW Acquisition and Relocation Plan. The ROW Acquisition and Relocation Plan will be updated as necessary during the Term;
(iv) Without prejudice to its rights hereunder, the Developer will exercise due diligence and use reasonable care in determining whether property to be acquired may contain wastes or other materials or hazards requiring remedial action or treatment to the extent the Developer has access to such property and will otherwise comply with the Technical Requirements, including the undertaking of studies, assessments and tests required by the Technical Requirements;
(v) the Developer will make direct payments of benefits to property owners for negotiated settlements, relocation benefits, and payments to be deposited with the court; and
(vi) the Developer will prepare, obtain execution of, and record documents conveying title of the Project Right of Way to the Commonwealth and deliver all executed and recorded general warranty deeds to the Department. For all property purchased in conjunction with the Project, title will be acquired in fee simple except as may be specifically agreed to by the Department.
Appears in 1 contract
Samples: Comprehensive Agreement
