Occupancy Rights. (a) The SPONSOR shall ensure that it has the right to occupy the area of the Project for purposes of constructing and maintaining the Project and that the public has a right to enter and use the area of the Project for a sufficient time after completion of construction to justify the expenditure of public funds on the Project. This right of occupancy by the SPONSOR and continued use by the public may be shown by deed of fee simple or easement; by right-of-way, lease or license agreement; or by any other means found acceptable to the DEPARTMENT. (b) Upon request from the DEPARTMENT, the SPONSOR shall provide information necessary to document the right to occupy the area of the Project for construction, maintenance and use. The SPONSOR shall also supply any additional information as deemed necessary by the DEPARTMENT for this purpose. This may include the creation of a plan showing all property acquired by the SPONSOR's predecessors in title, including a designation of the nature of the predecessors' interests (i.e., whether in fee or easement) and a notation of where the instruments conveying those interests are located. The Project will not advance to the final design phase until the DEPARTMENT is satisfied that the SPONSOR has proven appropriate interest in all affected property.
Appears in 2 contracts