Common use of Special Condition Regarding the Subrecipient’s Acquisition of Title to Project Site Clause in Contracts

Special Condition Regarding the Subrecipient’s Acquisition of Title to Project Site. The County and the Subrecipient acknowledge that as of the date hereof the Subrecipient has not provided the required certification as to title certifying that it has acquired a legal and valid fee simple title or such other estate or interest in the site(s) of the Project, including all the necessary easements and rights-of- way, as is necessary to the Subrecipient’s undisturbed use and possession for the construction, operation and maintenance of the Project. Notwithstanding anything herein to the contrary, proceeds will not be disbursed to Subrecipient for any cost of construction, other than planning and design, unless and until (1) the Subrecipient has acquired such title, estate or interest in the Project site(s); and (2) the Subrecipient has executed and delivered to the County a “Certificate as to Title to Project Site” in a form acceptable to the County. In each requisition submitted for any cost of construction, other than planning and design, the Subrecipient shall certify that, as of the date thereof, the Subrecipient holds, and will retain, a legal and valid fee simple title or such other estate or interest in the site(s) of the Project, including all necessary easements and/or rights-of-way, as is or will be necessary for the Subrecipient’s continued undisturbed use and possession of the site(s) of the Project during the construction, operation and maintenance of the Project.

Special Condition Regarding the Subrecipient’s Acquisition of Title to Project Site. The County and the Subrecipient acknowledge that as of the date hereof the Subrecipient has not provided the required certification as to title certifying that it has acquired a legal and valid fee simple title or such other estate or interest in the site(s) of the Project, including all the necessary easements and rights-of- of-way, as is necessary to the Subrecipient’s undisturbed use and possession for the construction, operation and maintenance of the Project. Notwithstanding anything herein to the contrary, proceeds will not be disbursed to Subrecipient for any cost of construction, other than planning and design, unless and until (1) the Subrecipient has acquired such title, estate or interest in the Project site(s); and (2) the Subrecipient has executed and delivered to the County a “Certificate as to Title to Project Site” in a form acceptable to the County. In each requisition submitted for any cost of construction, other than planning and design, the Subrecipient shall certify that, as of the date thereof, the Subrecipient holds, and will retain, a legal and valid fee simple title or such other estate or interest in the site(s) of the Project, including all necessary easements and/or rights-of-way, as is or will be necessary for the Subrecipient’s continued undisturbed use and possession of the site(s) of the Project during the construction, operation and maintenance of the Project.