Common use of Public Roads Clause in Contracts

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner and/or Developer acknowledge that it must comply with all applicable state statues and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner and/or Developer shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner and/or Developer shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and/or Developer and the City acknowledge and agree that Owner and/or Developer will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Owner and/or Developer. The City agrees to cooperate with Owner and/or Developer in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner and/or Developer shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City as negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental impacts to wetlands or other environmentally sensitive areas, to stay within existing rights of way, and to avoid any relocation of existing utilities. To the extent the improvements are within existing rights of way, Owner and/or Developer will not be required to obtain additional right of way or be required to relocate utilities, unless such items are required by the TIA or alternative improvements are agreed upon by SCDOT, the City and Owner and/or Developer. City will assist Owner and/or Developer with coordination with SCDOT and utility providers to allow for modified roadway improvements without impact to wetlands. City also agrees to cooperate with Owner and/or Developer in order to obtain any necessary right of way to complete such improvements. Owner and/or Developer shall be responsible for any costs associated with such governmental action.

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner and/or Developer acknowledge acknowledges that it must comply with all applicable state statues statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner and/or Developer shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner and/or Developer shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and the City in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and/or Developer and the City acknowledge and agree that Owner and/or Developer will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA and in accordance with Road Improvement Schedule, attached as Exhibit E, unless otherwise agreed upon by SCDOT, the City and Owner and/or Developer. The City agrees to cooperate with Owner and/or Developer in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner and/or Developer shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City as negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental impacts to wetlands or other environmentally sensitive areas, to stay within existing rights of way, and to avoid any relocation of existing utilities. To the extent the improvements are within existing rights of way, Owner and/or Developer will not be required to obtain additional right of way or be required to relocate utilities, unless such items are required by the TIA or alternative improvements are agreed upon by SCDOT, the City and Owner and/or Developer. City will assist Owner and/or Developer with coordination with SCDOT and utility providers to allow for modified roadway improvements without impact to wetlands. City also agrees to cooperate with Owner and/or Developer in order to obtain any necessary right of way to complete such improvements. Owner and/or Developer shall be responsible for any costs associated with such governmental action.

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner and/or and Developer acknowledge that it they must comply with all applicable state statues statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner and/or Developer shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner and/or Developer shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and the Zoning Regulations in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and/or Developer Owner, Developer, and the City acknowledge and agree that Owner and/or or Developer will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Owner and/or Developer. The City agrees to cooperate with Owner and/or Developer Owner, Developer, and Secondary Developers in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner and/or Developer Owner, Developer, or Secondary Developers shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City as negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental impacts to wetlands or other environmentally sensitive areas, to stay within existing rights of way, and to avoid any relocation of existing utilities. To the extent the improvements are within existing rights of way, Owner and/or Developer Owner, Developer, and Secondary Developers will not be required to obtain additional right of way or be required to relocate utilities, unless such items are required by the TIA or alternative improvements are agreed upon by SCDOT, the City and Owner and/or Developer. City will assist Owner and/or Developer Owner, Developer, and Secondary Developers with coordination with SCDOT and utility providers to allow for modified roadway improvements without impact to wetlands. City also agrees to cooperate with Owner and/or Developer Owner, Developer, and Secondary Developers in order to obtain any necessary right of way to complete such improvements. Owner and/or Developer Owner, Developer, and Secondary Developers shall be responsible for any costs associated with such governmental action.

Public Roads. All public roads outside the Property that serve the Property are under the jurisdiction of the State of South Carolina or other governmental entities regarding access, construction, improvements, and maintenance. Owner and/or Developer acknowledge acknowledges that it must comply with all applicable state statues statutes and rules and regulations of the South Carolina Department of Transportation or its successor regarding access and use of such public roads. Owner and/or Developer shall be required to conduct a Transportation Impact Analysis (“TIA”) that shall determine whether improvements are needed to mitigate impacts of the development to the road network. Owner and/or Developer shall be responsible for construction of property access improvements as required by the Transportation Impact Analysis and/or SCDOT and the Zoning Regulations in conjunction with access mitigation plans. Upon completion of construction of any such improvements within the SCDOT right of way, and acceptance by SCDOT, the SCDOT shall maintain all roadway improvements within the public road right of way. Owner and/or Developer and the City acknowledge and agree that Owner and/or Developer will be required to complete any off-site road improvements required for the Development of the Property as required by the TIA unless otherwise agreed upon by SCDOT, the City and Owner and/or Developer. The City agrees to cooperate with Owner and/or Developer in order to obtain a right of way if necessary for improvements pursuant to the TIA or alternative improvements if agreed upon by SCDOT, the City and Developer. Owner and/or Developer shall be responsible for any costs associated with such governmental action. In the event a roadway improvement is required that is not solely attributable to the subject development a pro rata share of the cost of said improvement shall be paid to the City as negotiated by all parties. Offsite road improvements may be modified as needed to avoid environmental impacts to wetlands or other environmentally sensitive areas, to stay within existing rights of way, and to avoid any relocation of existing utilities. To the extent the improvements are within existing rights of way, Owner and/or Developer will not be required to obtain additional right of way or be required to relocate utilities, unless such items are required by the TIA or alternative improvements are agreed upon by SCDOT, the City and Owner and/or Developer. City will assist Owner and/or Developer with coordination with SCDOT and utility providers to allow for modified roadway improvements without impact to wetlands. City also agrees to cooperate with Owner and/or Developer in order to obtain any necessary right of way to complete such improvements. Owner and/or Developer shall be responsible for any costs associated with such governmental action.