Common use of NEPA Environmental Review Clause in Contracts

NEPA Environmental Review. Prior to disbursement of funds under this agreement, a HUD-required environmental review (ER) under the National Environmental Protection Act (NEPA) will be undertaken by DOH to determine any environmental impacts on the physical and built environment. Non-staff costs to prepare the ER will be deducted from the proceeds of funding provided in this agreement. In no case will funds be disbursed to Contractor for the Project until completion of the ER to the satisfaction of the County Department of Housing (“DOH”). Contractor is made aware that if the Project is determined not to meet environmental requirements, Contractor shall take no action which would create an adverse environmental impact or limit the choice of reasonable alternatives. Contactor shall not proceed with undertaking any work or activities prior to completion of the NEPA review; except in accordance with 24 CFR 58.22 (d), if the activity is real property acquisition, Contractor may proceed with payment of an option fee pursuant to a pre-existing legally binding contract prior to the completion of the NEPA process, but Contractor does so at its own risk subject to the following conditions: (1)the option agreement must be subject to a County determination on the desirability of the property for the Project as a result of the completion of the environmental review; and (2) the option fee must be nominal (less than or equal to 10% of the purchase or acquisition costs).

Appears in 2 contracts

Samples: Agreement, Agreement

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NEPA Environmental Review. Prior to disbursement of funds under this agreement, a HUD-HUD- required environmental review (ER) under the National Environmental Protection Act (NEPA) will be undertaken by DOH on behalf of the County to determine any environmental impacts on the physical and built environment. Non-staff costs to prepare the ER will be deducted from the proceeds of funding provided in this agreement. In no case will funds be disbursed to Contractor for the Project until completion of the ER has been completed to the satisfaction of the County Department of Housing (“DOH”). Contractor is made aware acknowledges that if the Project is determined not to meet environmental NEPA requirements, Contractor shall take no action which would create an adverse environmental impact or limit the choice of reasonable alternatives. Contactor shall not proceed with undertaking any work or activities prior to completion of the NEPA review; except in accordance with 24 CFR 58.22 (d), if the activity is real property acquisition, Contractor may proceed with payment of an option fee pursuant to a pre-existing legally binding contract prior to the completion of the NEPA process, but Contractor does so at its own risk subject to the following conditions: (1)the option agreement must be subject to a County determination on the desirability of the property for the Project as a result of the completion of the environmental review; and (2) the option fee must be nominal (less than or equal up to 10but not exceeding10% of the purchase or acquisition costs).

Appears in 1 contract

Samples: Agreement

NEPA Environmental Review. Prior to disbursement of funds under this agreement, a HUD-HUD- required environmental review (ER) under the National Environmental Protection Act (NEPA) will be undertaken by DOH on behalf of the County to determine any environmental impacts on the physical and built environment. Non-staff costs to prepare the ER will be deducted from the proceeds of funding provided in this agreement. In no case will funds be disbursed to Contractor for the Project until completion of the ER has been completed to the satisfaction of the County Department of Housing (“DOH”)DOH and/or HUD. Contractor is made aware acknowledges that if the Project is determined not to meet environmental NEPA requirements, Contractor shall take no action which would create an adverse environmental impact or limit the choice of reasonable alternatives. Contactor shall not proceed with undertaking any work or activities prior to completion of the NEPA review; except in accordance with 24 CFR 58.22 (d), if the activity is real property acquisition, Contractor may proceed with payment of an option fee pursuant to a pre-existing legally binding contract prior to the completion of the NEPA process, but Contractor does so at its own risk subject to the following conditions: (1)the option agreement must be subject to a County determination on the desirability of the property for the Project as a result of the completion of the environmental review; and (2) the option fee must be nominal (less than or equal up to 10but not exceeding10% of the purchase or acquisition costs).

Appears in 1 contract

Samples: Agreement

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NEPA Environmental Review. Prior to disbursement of funds under this agreement, a HUD-required environmental review (ER) under the National Environmental Protection Act (NEPA) will be undertaken by DOH to determine any environmental impacts on the physical and built environment. Non-staff costs to prepare the ER will be deducted from the proceeds of funding provided in this agreement. In no case will funds be disbursed to Contractor for the Project until completion of the ER to the satisfaction of the San Mateo County Department of Housing (“DOH”)Housing. Contractor is made aware that if the Project is determined not to meet environmental requirements, Contractor shall take no action which would create an adverse environmental impact or limit the choice of reasonable alternatives. Contactor shall not proceed with undertaking any work or activities prior to completion of the NEPA review; except in accordance with 24 CFR 58.22 (d), if the activity is real property acquisition, Contractor may proceed with payment of an option fee pursuant to a pre-existing legally binding contract prior to the completion of the NEPA process, but Contractor does so at its own risk subject to the following conditions: (1)the option agreement must be subject to a County determination on the desirability of the property for the Project as a result of the completion of the environmental review; and (2) the option fee must be nominal (less than or equal to 10% of the purchase or acquisition costs).

Appears in 1 contract

Samples: Agreement

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