Common use of Project ROW Clause in Contracts

Project ROW. The Developer shall use best efforts to provide all services necessary to acquire title to the right of way needed for the Off-Site Facilities and On-Site Facilities (“Project ROW”) in a form and substance acceptable to the River Authority in its sole discretion in the name of the River Authority. The River Authority generally requires utility easements to be thirty (30) feet in width. The Developer shall acquire all Project ROW in accordance with State and Federal Law and the practices, guidelines, procedures, and methods as required by the River Authority. Except as otherwise set forth in this Agreement, the Developer’s Project ROW staff and/or Subcontractors will function as independent contractors while acquiring Project ROW, and not as an agent, representative, or employee of the River Authority. If the Developer is unable to acquire the necessary Project ROW and thereby fails to obtain the needed conveyance in a form acceptable to the River Authority, the River Authority staff may initiate acquisition efforts. The use of eminent domain by the River Authority requires approval by the River Authority Board of Directors, and such decision is in the Board’s sole discretion. If the River Authority staff is engaged for acquisition efforts, an amendment to this agreement shall be executed to outline the terms of this effort. The Developer will reimburse the River Authority for all costs incurred by the River Authority in the acquisition of the Project ROW, including but not limited to land acquisition costs, survey costs, appraisal costs, staff time and legal costs. The River Authority shall not expend more than $XXX/(or determined through amendment if not able to determine at this time) in the aggregate toward the cost of acquisition of the Project ROW without the prior written approval of the Developer and the Developer agrees to deposit these funds in an escrow account agreeable to the River Authority from which the River Authority may draw as funds are needed to pay for any costs incurred by the River Authority as the River Authority deems necessary.

Project ROW. The Developer shall use best efforts to provide all services necessary to acquire title to the right of way needed for the Off-Site Facilities and On-Site Facilities (“Project ROW”) in a form and substance acceptable to the River Authority in its sole discretion in the name of the River Authority. The River Authority generally requires utility easements to be thirty (30) feet in width. The Developer shall acquire all Project ROW in accordance with State and Federal Law and the practices, guidelines, procedures, and methods as required by the River Authority. Except as otherwise set forth in this Agreement, the Developer’s Project ROW staff and/or Subcontractors will function as independent contractors while acquiring Project ROW, and not as an agent, representative, or employee of the River Authority. If the Developer is unable to acquire the necessary Project ROW and thereby fails to obtain the needed conveyance in a form acceptable to the River Authority, the River Authority staff may initiate acquisition efforts. The use of eminent domain by the River Authority requires approval by the River Authority Board of Directors, and such decision is in the Board’s sole discretion. If the River Authority staff is engaged for acquisition efforts, an amendment to this agreement shall be executed to outline the terms of this effort. The Developer will reimburse the River Authority for all costs incurred by the River Authority in the acquisition of the Project ROW, including but not limited to land acquisition costs, survey costs, appraisal costs, staff time and legal costs. The River Authority shall not expend more than $XXX/(or XXX/ (or determined through amendment if not able to determine at this time) in the aggregate toward the cost of acquisition of the Project ROW without the prior written approval of the Developer and the Developer agrees to deposit these funds in an escrow account agreeable to the River Authority from which the River Authority may draw as funds are needed to pay for any costs incurred by the River Authority as the River Authority deems necessary. Developer shall also be responsible for the full and timely payment of any fees and charges imposed by a city for returning the Project ROW to the condition as it existed prior to the construction, installation, repair, replacement, upgrade, or removal of any Off-Site or On-Site Facilities needed to serve the new Development.

Project ROW. The Developer shall use best efforts to provide all services necessary to acquire title to the right of way needed for the Off-Site Facilities and On-Site Facilities (“Project ROW”) in a form and substance acceptable to the River Authority in its sole discretion in the name of the River Authority. The River Authority generally requires utility easements to be thirty (30) feet in width. The Developer shall acquire all Project ROW in accordance with State and Federal Law and the practices, guidelines, procedures, and methods as required by the River Authority. Except as otherwise set forth in this Agreement, the Developer’s Project ROW staff and/or Subcontractors will function as independent contractors while acquiring Project ROW, and not as an agent, representative, or employee of the River Authority. If the Developer is unable to acquire the necessary Project ROW and thereby fails to obtain the needed conveyance in a form acceptable to the River Authority, the River Authority staff may initiate acquisition efforts. The use of eminent domain by the River Authority requires approval by the River Authority Board of Directors, and such decision is in the Board’s sole discretion. The acquisition of all Project ROW shall be completed prior to starting construction. If the River Authority staff is engaged for acquisition efforts, an amendment to this agreement shall be executed to outline the terms of this effort. The Developer will reimburse the River Authority for all costs incurred by the River Authority in the acquisition of the Project ROW, including but not limited to land acquisition costs, survey costs, appraisal costs, staff time and legal costs. The River Authority shall not expend more than $XXX/(or XXX/ (or determined through amendment if not able to determine at this time) in the aggregate toward the cost of acquisition of the Project ROW without the prior written approval of the Developer and the Developer agrees to deposit these funds in an escrow account agreeable to the River Authority from which the River Authority may draw as funds are needed to pay for any costs incurred by the River Authority as the River Authority deems necessary. Developer shall also be responsible for the full and timely payment of any fees and charges imposed by a city for returning the Project ROW to the condition as it existed prior to the construction, installation, repair, replacement, upgrade, or removal of any Off-Site or On-Site Facilities needed to serve the new Development.

Project ROW. The Developer shall use best efforts to provide all services necessary to acquire title to the right of way needed for the Off-Site Facilities and On-Site Facilities (“Project ROW”) in a form and substance acceptable to the River Authority in its sole discretion in the name of the River Authority. The River Authority generally requires utility easements to be thirty (30) feet in width. The Developer shall acquire all Project ROW in accordance with State and Federal Law and the practices, guidelines, procedures, and methods as required by the River Authority. Except as otherwise set forth in this Agreement, the Developer’s Project ROW staff and/or Subcontractors will function as independent contractors while acquiring Project ROW, and not as an agent, representative, or employee of the River Authority. If the Developer is unable to acquire the necessary Project ROW and thereby fails to obtain the needed conveyance in a form acceptable to the River Authority, the River Authority staff may initiate acquisition efforts. The use of eminent domain by the River Authority requires approval by the River Authority Board of Directors, and such decision is in the Board’s sole discretion. If the River Authority staff is engaged for acquisition efforts, an amendment to this agreement shall be executed to outline the terms of this effort. The Developer will reimburse the River Authority for all costs incurred by the River Authority in the acquisition of the Project ROW, including but not limited to land acquisition costs, survey costs, appraisal costs, staff time and legal costs. The River Authority shall not expend more than $XXX/(or determined through amendment if not able to determine at this time) in the aggregate toward the cost of acquisition of the Project ROW without the prior written approval of the Developer and the Developer agrees to deposit these funds in an escrow account agreeable to the River Authority from which the River Authority may draw as funds are needed to pay for any costs incurred by the River Authority as the River Authority deems necessary. Developer shall also be responsible for the full and timely payment of any fees and charges imposed by a city for returning the Project ROW to the condition as it existed prior to the construction, installation, repair, replacement, upgrade, or removal of any Off-Site or On-Site Facilities needed to serve the new Development.