Common use of Right of Way Acquisition Clause in Contracts

Right of Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required of the Project, the Entitlements or the Subsequent Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director and (ii) agrees to pay the cost of such acquisition, including reasonable attorneys’ fees, then City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City shall schedule the necessary hearings, and, if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Xxxxxxxxx agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the off- site improvements in accordance with Government Code Section 66462.5.

Right of Way Acquisition. With respect to the acquisition of any off-off- site interest in real property required by Developer in order to fulfill any condition required of the Project, the Entitlements or the Subsequent Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director and (ii) agrees to pay the cost of such acquisition, including reasonable attorneys’ fees, then City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City shall schedule the necessary hearings, and, if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Xxxxxxxxx agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the off- site improvements in accordance with Government Code Section 66462.5.

Right of Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required of the Project, the Entitlements or the Subsequent Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director and (ii) agrees to pay the cost of such acquisition, including reasonable attorneys’ fees, then City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City shall schedule the necessary hearings, and, if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Xxxxxxxxx Developer agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the off- site improvements in accordance with Government Code Section 66462.5.

Right of Way Acquisition. With respect The LOCAL GOVERNMENT shall be solely responsible for Right of Way Acquisition. The Right of Way (hereinafter referred to as “ROW”) activities shall be accomplished in accordance with the ACT, the DEPARTMENT’s TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of TIA PROCEEDS in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss funding. Upon approval of the ROW plans by the DEPARTMENT, the LOCAL GOVERNMENT may begin the acquisition of any offthe necessary ROW for the PROJECTS. ROW acquisition can occur concurrently with the environmental process once final impacts are known, provided that the DEPARTMENT has provided a written notice to proceed to the LOCAL GOVERNMENT to stake the ROW and proceed with all pre-site interest in real property required by Developer in order to fulfill any condition required of acquisition ROW activities. LOCAL GOVERNMENT shall acquire ROW, if required, and related ROW services for the ProjectPROJECTS. Further, the Entitlements LOCAL GOVERNMENT shall be responsible for making all changes to the approved ROW plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to purchase the ROW or the Subsequent Entitlements, Developer shall make to match actual conditions encountered. Reimbursement of acquisition expenses will be eligible on a good faith effort to acquire the necessary interest by private negotiations at the fair market value monthly basis. After completion of such interest. Ifall land and improvement acquisition; completion of all property management; completion of all demolition; and, after such reasonable effortsall occupants have relocated off the PROJECTS, Developer the LOCAL GOVERNMENT shall certify in writing to the DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire quitclaimed from the necessary property interest LOCAL GOVERNMENT to the reasonable satisfaction of City’s Community Development Director DEPARTMENT where PROJECTS are located on a federal or state route, and (ii) that all property management, all demolition and all relocation has been completed. Said certification will include a statement that “All parcels are vacant and immediately available for construction purposes”. The LOCAL GOVERNMENT agrees to pay for the cost defense of such acquisitionany and all suits, including reasonable attorneys’ feesif any should arise, then City shall make an offer to acquire involving property titles and/or contaminated properties associated with the necessary property interest at its fair market valueacquisition of ROW by deed or condemnation. If such offer has not been accepted within sixty (60) days, City agrees, to To the extent permitted allowed by law, the LOCAL GOVERNMENT hereby agrees to cooperate indemnify and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretionhold harmless the DEPARTMENT, which is expressly reserved by Citythe State of Georgia and its departments, to make the necessary findingsagencies and instrumentalities and all of their respective officers, members, employees and directors from and against any and all claims, demands, liabilities, losses, costs or expenses, including attorneys' fees, due to due to liability to a finding thereby of public necessitythird party or Parties, to acquire such interest. Subject to the reservation of such discretionarising from, City shall schedule the necessary hearingsrelated to, and, if approved or caused by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of titles and/or contaminated properties associated with the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such, any costs incurred ROW by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Xxxxxxxxx agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation deed or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the off- site improvements in accordance with Government Code Section 66462.5.

Right of Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer Property Owners in order to fulfill any condition required of by the ProjectApprovals, the Entitlements or the Subsequent Entitlements, Developer Property Owners shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has Property Owners have been unable to acquire such interest and provided that Developer Property Owners (i) provides provide evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director the County and (ii) agrees agree to pay the reasonable cost of such acquisition, including reasonable attorneys’ fees, then City County shall make an offer use its best efforts to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) 60 days, City County agrees, to the extent permitted by law, to cooperate and assist Developer Property Owners in efforts to obtain such necessary property interest. Any such acquisition by City County instead of by the Property Owners shall be subject to CityCounty’s discretion, which is expressly reserved by CityCounty, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City the County shall use its best efforts to schedule the necessary hearings, and, and if approved by CityCounty, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domaindomain for their fair market value. Developer County agrees that any settlement for the acquisition of such necessary property interests shall be for an amount mutually approved by Property Owners and County if Property Owners are being required to fund all the costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps Property Owners agree to include such costs in provide funding to the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations County for the development costs of the Projectacquiring such properties. In accordance with Government Code Section section 66462.5, City County shall not postpone or refuse approval of a final map at the Project because a Property because Developer Owner has failed to satisfy a Tentative Map tentative map condition because Developer the Property Owner has been unable to construct or install an offsite improvement on land not owned or controlled by Developer the Property Owner or City County at the time the final map is filed with City County for approval. If determined by City to be necessary, Xxxxxxxxx agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction of the off- site improvements in accordance with Government Code Section 66462.5.

Right of Way Acquisition. With respect to the acquisition of any off-off- site interest in real property required by Developer Property Owners in order to fulfill any condition required of by the Project, the Entitlements or the Subsequent Entitlements, Developer Property Owners shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has Property Owners have been unable to acquire such interest and provided that Developer Property Owners (i) provides provide evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director the Municipal Services Agency Administrator and (ii) agrees agree to pay the reasonable cost of such acquisition, including reasonable attorneys’ fees, then City County shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) 60 days, City County agrees, to the extent permitted by law, to cooperate and assist Developer Property Owners in efforts to obtain such necessary property interest. Any such acquisition by City County shall be subject to CityCounty’s discretion, which is expressly reserved by CityCounty, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City the County shall schedule the necessary hearings, and, and if approved by CityCounty, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall County agrees that it will consult Property Owners with regard to any settlement for the acquisition of such necessary property interests if Property Owners are being required to fund all the costs of the acquisition of such necessary property interests, ( including reasonable attorneys’ fees and court costs costs) in the event that such acquisition and/or condemnation is necessary. Property Owners reserve the right to obtain an independent appraisal of such property interests to demonstrate that the value identified in the proposed settlement is incorrect. Property owners reserve the right to provide such an appraisal to the Board of Supervisors to be considered by the Board in rendering a determination on any settlement. The final determination as to any settlement is within the discretion of the Board of Supervisors. Property Owners agree to provide funding to the County for the cost of rights-of-way acquiring such property. In the event County does not acquire such necessary property interests for any eligible public facility reason, then Property Owners shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps be excused from any further obligation to include such costs comply with the associated condition in the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for Entitlements and may otherwise proceed with the development and operation of the Project. In accordance If Property Owners are excused from compliance with Government Code Section 66462.5any condition of the Entitlements as a result of the foregoing provisions, City shall it does not postpone or refuse approval of a final map at excuse the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at Owners from compliance with the time the final map is filed with City for approval. If determined by City to be necessary, Xxxxxxxxx agrees to enter into a subdivision improvement agreement with City and agrees to post any reasonably necessary security, such as a bond, in order to ensure the acquisition and construction of an offsite improvement on land not owned by Developer where the offsite improvement was a condition of approval for the Project. Notwithstanding the foregoing, in the event that City fails to acquire such off site property by negotiation or condemnation, the off-site improvements shall be conclusively deemed to be waived and Developer shall not be obligated to commence construction other conditions of the off- site improvements in accordance with Government Code Section 66462.5Entitlements nor shall it reduce the total financial obligation of Property Owners to provide mitigation required under the mitigation measures of the Mitigation Monitoring and Reporting Plan or Approval Conditions.