Common use of Right of Way Acquisition Clause in Contracts

Right of Way Acquisition. (1) The DEVELOPER shall be responsible within the time frames set forth in this DA for right-of-way acquisitions or donations (except where the COUNTY has already acquired the necessary right-of-way) necessary for the construction of the Required Roadway Improvements described above which may include, but not be limited to, lanes of travel, shoulders, striping, signalization, signage, medians, on-site stormwater drainage facilities, off-site stormwater drainage facilities, floodplain mitigation, wetland mitigation, guardrails, handrails, sidewalks, and any other necessary appurtenances. The DEVEL- OPER shall be responsible for selecting and retaining all consultants for acquisition of right-of-way for the Pipeline Projects which may include, but not be limited to, competent and qualified attorneys, engineers, surveyors, title companies, appraisers, land planners, certified public accountants, business damages experts, contractors, horticulturists, and any other consultants considered necessary by the mutually agreeable attorney, discussed below. (2) While it is not anticipated that additional right-of-way will be required for the S.R. 54 Pipeline Project, if necessary, efforts will be made by the COUNTY and DEVELOPER to have the FDOT enter into a Joint Participation Agreement, Letter of Understanding (a.k.a. XXX), or otherwise provide a means for the COUNTY to act as a condemning authority with regard to any right-of-way required for the

Right of Way Acquisition. (1) The DEVELOPER shall be responsible within the time frames set forth in this DA for right-of-way acquisitions or donations requirements as set forth above (except where the COUNTY has agreed to acquire the right-of-way or has already acquired the necessary right-of-way) necessary for the construction of the Required Roadway Improvements described above which may include, but not be limited to, lanes of travel, shoulders, striping, signalization, signage, medians, on-site stormwater drainage facilities, off-site stormwater drainage facilities, floodplain mitigation, wetland mitigation, guardrails, handrails, sidewalks, and any other necessary appurtenances. The DEVEL- OPER DEVELOPER shall be responsible for selecting and retaining all consultants for acquisition of right-of-way for the Pipeline Projects Required Roadway Improvements which may include, but not be limited to, competent and qualified attorneys, engineers, surveyors, title companies, appraisers, land planners, certified public accountants, business damages experts, contractors, horticulturists, and any other consultants considered necessary by the mutually agreeable attorney, discussed below. (2) While it is not anticipated that additional right-of-way will be required for the S.R. 54 Improvement Pipeline ProjectProjects, if necessary, efforts will be made by the COUNTY and DEVELOPER to have the FDOT enter into a Joint Participation Agreement, Letter of Understanding (a.k.a. XXX)Understanding, or otherwise provide a means for the COUNTY to act as a condemning authority with regard to any additional right-of-way required for thethe S.R. 54