Common use of Property Acquisition for Public Infrastructure Clause in Contracts

Property Acquisition for Public Infrastructure. A. In the event that some of the public infrastructure improvements, at the collector road or higher facility level, required by this DRRA or the attached APFO XXX to be made by Developer will require the acquisition of public right-of-way from third-party property owners, the Developer shall exercise commercially reasonable efforts to secure such right-of-way without the assistance of the County. B. In the event that the Developer has demonstrated to the County that it is unable to secure any such public right-of-way despite its commercially reasonable efforts to do so in a timely manner consistent with the construction of public infrastructure improvements, the Developer may request the County (or SHA) to assist in the acquisition of the needed right-of-way at the Developer's sole cost and expense. If the County approves the Developer’s request, then the County (or SHA) shall have two years to acquire the needed right-of-way. C. Should the County decide not to acquire the right-of-way, or the two years has elapsed, then the Developer may be permitted to make a contribution to the County equal to the entire anticipated project development costs, which shall include but not be limited to costs for: design, engineering, right-of-way acquisition, management, inspection, etc. in lieu of constructing the public infrastructure improvements, except in the case of the road improvements discussed in APFO XXX paragraph A.1 where only a fee-in-lieu of construction would be required. Also, should SHA unreasonably refuse or fail to grant the permits necessary for the construction of improvements referenced in the XXX, the Developer may be permitted to make a contribution to the County in the amount referenced above.

Property Acquisition for Public Infrastructure. A. In the event that some of the public infrastructure improvements, at the collector road or higher facility level, required by this DRRA or the attached APFO XXX to be made by Developer will require the acquisition of public right-of-way from third-third- party property owners, the Developer shall exercise commercially reasonable efforts to secure such right-of-way without the assistance of the County. B. In the event that the Developer has demonstrated to the County that it is unable to secure any such public right-of-way despite its commercially reasonable efforts to do so in a timely manner consistent with the construction of public infrastructure improvements, the Developer may request the County (or SHA) to assist in the acquisition of the needed right-of-way at the Developer's sole cost and expense. If the County (or SHA) approves the Developer’s request, then the County (or SHA) shall have two years to acquire the needed right-of-way. C. Should the County decide not to acquire the right-of-way, or the two years has elapsed, then the Developer may be permitted to make a contribution to the County equal to the entire anticipated project development costs, which shall include but not be limited to costs for: design, engineering, right-of-way acquisition, management, inspection, etc. in lieu of constructing the public infrastructure improvements, except as may be otherwise provided for in the case of the road improvements discussed in applicable APFO XXX paragraph A.1 where only a fee-in-lieu of construction would be required. Also, should SHA unreasonably refuse or fail to grant the permits necessary for the construction of improvements referenced in the XXX, the Developer may be permitted to make a contribution to the County in the amount referenced above.

Property Acquisition for Public Infrastructure. A. In the event that some of the public infrastructure improvements, at the collector road or higher facility level, required by this DRRA or the attached APFO XXX to be made by Developer will require the acquisition of public right-of-way from third-third- party property owners, the Developer shall exercise commercially reasonable efforts to secure such right-of-way without the assistance of the County. B. In the event that the Developer has demonstrated to the County that it is unable to secure any such public right-of-way despite its commercially reasonable efforts to do so in a timely manner consistent with the construction of public infrastructure improvements, the Developer may request the County (or SHA) to assist in the acquisition of the needed right-of-way at the Developer's sole cost and expense. If the County approves the Developer’s Developers request, then the County (or SHA) shall have two years to acquire the needed right-of-of- way. C. Should the County decide not to acquire the right-of-way, or the two years has elapsed, then the Developer may be permitted to make a contribution to the County equal to the entire anticipated project development costs, which shall include but not be limited to costs for: design, engineering, right-of-way acquisition, management, inspection, etc. in lieu of constructing the public infrastructure improvements. D. Notwithstanding the above Sections 3.6.A through 3.6.C, except the parties understand and agree that Capital Project Number HW5018 has been established for the improvement listed in the case Section A.1 of the road improvements discussed APFO XXX, and the funds in APFO XXX paragraph A.1 where only a fee-in-lieu of construction would this Capital Project account shall be required. Also, should SHA unreasonably refuse or fail to grant the permits necessary available for the acquisition of such right-of-way and/or construction of improvements referenced in the XXX, the Developer may be permitted to make a contribution to the County in the amount referenced abovenecessary improvement.