Common use of Title to Improvements Clause in Contracts

Title to Improvements. Except to the extent otherwise agreed in writing by TxDOT in its sole discretion, TxDOT shall receive and hold fee title to all structures, road surfaces, rail lines and other improvements constituting a Facility and located anywhere within Project right-of-way. Developer and other third parties may obtain leasehold or other real property rights (such as easements) for a Facility as set forth in an approved Facility Implementation Plan or Facility Financial Plan.