Property Acquisition. If the project involves property acquisition, the Contractor’s files must contain the following records:
Property Acquisition. Prepare right-of-way/easement tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions. ENGINEER will perform all necessary survey work associated with marking the additional right-of-way or easements. This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right- of-way for utility relocations. The ENGINEER shall perform all necessary title work and sufficient re- search for determination of current right-of-way and easements.
Property Acquisition. The Grantee may not obligate or expend any funds (Federal, State, or private) to acquire any real property for the Project, including rights-of-way, unless property acquisition is specifically authorized in the Statement of Work incorporated as an attachment to this Agreement and unless the required National Environmental Policy Act (NEPA) documentation for the associated acquisition step is by then completed as determined in writing by FRA and any required California Environmental Quality Act (CEQA) documentation for the associated acquisition step is by then completed as determined by the Grantee.
Property Acquisition. No real or personal property shall be acquired jointly by the Parties as a result of this Agreement. To the extent that a Party acquires, holds or disposes of any real or personal property for use in the joint undertaking contemplated by this Agreement, such Party shall do so in the same manner that it deals with other property of such Party.
Property Acquisition. In the event real property interest acquisition is a service required pursuant to this Contract, then all of the following standards shall apply:
Property Acquisition. Any proposed acquisition of Securities, assets or real estate, any proposed leasing of property or any other action Borrower or any of its Material Subsidiaries other than those the consequences of which in the aggregate have reasonable likelihood of subjecting the Borrower and its Subsidiaries collectively to Environmental Liabilities and Costs that have a Material Adverse Effect; and
Property Acquisition. Utility Developer shall acquire in fee or through permanent easements sufficient property to meet City standards for the Improvements and for future City maintenance of the Improvements. Property containing the Improvements, whether in fee or in easement, shall be deeded to the City upon completion of the Project as provided hereafter in this Contract. Developer may request that the City consider condemnation of any easement or property necessary for the Project that the Developer cannot reasonably acquire. The determination regarding condemnation shall be made by the City Council in the Council’s reasonable discretion. Through approval of this Contract, the City Council hereby determines that construction of the Utility Improvements confers a public benefit and is for a public purpose, given the public benefits to be realized from extension of the City’s utility system. In the event of condemnation, Developer shall provide counsel acceptable to the City Attorney’s office to represent the City and shall pay all costs associated with the condemnation, negotiation, and litigation, including but not limited to the deposit, attorney fees, witness fees, any additional just compensation awarded, and all other litigation expenses.
Property Acquisition. Costs of acquiring any property or easements in which the Utility Improvements are located. The Eligible Costs for legal fees and property acquisition, combined, shall be the actual costs, not to exceed 5% of the certified construction costs of the Project.
Property Acquisition. 3. The Grantee may not obligate or expend any funds (Federal, State, or private) for the Project to acquire any real property for the Project, including rights-of-way, unless the property acquisition is specifically authorized in a Statement of Work incorporated as an attachment to this Agreement, or the Grantee has received FRA’s prior written permission indicating that FRA has completed all required National Environmental Policy Act (NEPA) documentation, and all other predicates to property acquisition have been completed Subsection 1(h) of Attachment 2 is deleted, and the following substituted therefore:
Property Acquisition. The improvements may be constructed on property owned or acquired by the private party or on property owned or acquired by the city. The private party may assist the city in obtaining easements in favor of the city from private property owners on those properties that will be involved in or affected by the project. The contract between the city and the private party may be entered into before the acquisition of any real property necessary to the project. (2005-426, s. 8(d).)
