Item I. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed One Million One Hundred Sixty Thousand DOLLARS and No CENTS ($1,160,000.00) for eligible reimbursable right of way costs. Reimbursable right of way costs includes land and improvement costs and other costs as specified in 23 CFR 710.203(b). Rights of way lying on a designated state or federal route (on-system) are to be acquired in the DEPARTMENT’S name by the LOCAL GOVERNMENT when closed by deed. Rights of way lying on a designated state or federal route (on-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and then transferred to the DEPARTMENT by quit claim deed after the condemnation is complete and after the LOCAL GOVERNMENT has full and final possession of the right of way. Rights of way lying on a non-designated state or federal route (off-system) are to be acquired in the LOCAL GOVERNMENT’S name by the LOCAL GOVERNMENT when closed by deed and remain in the LOCAL GOVERNMENT’S name. Rights of way lying on a non-designated state or federal route (off-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and remain in the LOCAL GOVERNMENT’S name. Reimbursement of acquisition costs will be eligible after completion of the following: all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the project. Further, before any reimbursement of costs occurs, the LOCAL GOVERNMENT shall certify in writing to the DEPARTMENT that title to all parcels has been acquired and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that “All parcels are vacant and immediately available for construction purposes”. Each valuation and damage expert utilized on this project must be selected from the DEPARTMENT’s “Approved Appraiser List”. The DEPARTMENT shall review and approve each selection prior to the LOCAL GOVERNMENT contracting with the appraiser. All appraisals will be submitted to the DEPARTMENT for review, for approval and to establish fair market value prior to negotiations. The LOCAL GOVERNMENT is responsible for properly flagging, staking, and marking all required right of way and all required easement (temporary or permanent) surveyed boundary lines PRIOR to the appraiser inspecting and appraising the property and PRIOR to the on-site Negotiation Agent meeting with the property owner to review the required right of way and/or required easement(s). Except as specified in ITEM V of this contract, all counter offers, administrative settlements and legal settlements authority above the fair market value must be reviewed and approved by the DEPARTMENT if the LOCAL GOVERNMENT desires that the DEPARTMENT participate in any increased settlement agreement above the fair market value. It is understood and agreed that the DEPARTMENT may participate in a court directed award above the fair market value subject to the availability of funds identified for the project. The DEPARTMENT will not be required to participate in any such award increase that is not supported by a court order. It is further agreed between the parties that the DEPARTMENT shall be the final arbiter of whether an increase in an award or expense will be reimbursable to the LOCAL GOVERNMENT.
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Item I. The DEPARTMENT agrees to reimburse PROJECT Detailed ROW Cost Estimate as prepared by the LOCAL GOVERNMENT Not to Exceed One Million One estimated that the PROJECT Right of Way cost is Nine Hundred Sixty Forty Thousand DOLLARS and No CENTS ($1,160,000.00) 940,000.00). The maximum amount which the DEPARMENT shall be obligated to reimburse the LOCAL GOVERNMENT for eligible reimbursable right of way costs is up to Seven Hundred Fifty-Two Thousand DOLLARS and No CENTS ($752,000.00), which represents the Maximum Federal Participation of the costs of the PROJECT for eligible right of way costs. Reimbursable right of way costs includes land and improvement costs and other costs as specified in 23 CFR 710.203(b). It is also agreed that the LOCAL GOVERNMENT’s Participation/Match of the Right of Way cost of the PROJECT is One Hundred Eighty-Eight Thousand DOLLARS and No CENTS ($188,000.00). The obligation of the DEPARTMENT to reimburse the LOCAL GOVERNMENT is expressly limited to the amount of funds remitted to the DEPARTMENT by the FHWA. In the event the funds made available to the DEPARTMENT by the FHWA are insufficient for the Project, the DEPARTMENT’s reimbursement obligations shall not exceed the availability of such FHWA funds, and the DEPARTMENT shall have the right at its sole discretion to terminate this agreement immediately upon notice to the LOCAL GOVERNMENT without further obligation of the DEPARTMENT. If the total dollar amount of the reimbursable costs is more than the estimated Right of Way PROJECT cost set forth in the Detailed ROW Cost Estimate, the DEPARTMENT shall have no obligation for any actual reimbursable costs that exceed the maximum amount provided for herein. Rights of way lying on a designated state or federal route (on-system) are to be acquired in the DEPARTMENT’S name by the LOCAL GOVERNMENT when closed by deed. Rights of way lying on a designated state or federal route (on-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and then transferred to the DEPARTMENT by quit claim deed after the condemnation is complete and after the LOCAL GOVERNMENT has full and final possession of the right of way. Rights of way lying on a non-designated state or federal route (off-system) are to be acquired in the LOCAL GOVERNMENT’S name by the LOCAL GOVERNMENT when closed by deed and remain in the LOCAL GOVERNMENT’S name. Rights of way lying on a non-designated state or federal route (off-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and remain in the LOCAL GOVERNMENT’S name. Reimbursement of acquisition costs will be eligible after completion of the following: all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the project. Further, before any reimbursement of costs occurs, the LOCAL GOVERNMENT shall certify in writing to the DEPARTMENT that title to all parcels has been acquired and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that “All parcels are vacant and immediately available for construction purposes”. Each valuation and damage expert utilized on this project must be selected from the DEPARTMENT’s “Approved Appraiser List”. The DEPARTMENT shall review and approve each selection prior to the LOCAL GOVERNMENT contracting with the appraiser. All appraisals will be submitted to the DEPARTMENT for review, for approval and to establish fair market value prior to negotiations. The LOCAL GOVERNMENT is responsible for properly flagging, staking, and marking all required right of way and all required easement (temporary or permanent) surveyed boundary lines PRIOR to the appraiser inspecting and appraising the property and PRIOR to the on-site Negotiation Agent meeting with the property owner to review the required right of way and/or required easement(s). Except as specified in ITEM V of this contract, all counter offers, administrative settlements and legal settlements authority above the fair market value must be reviewed and approved by the DEPARTMENT if the LOCAL GOVERNMENT desires that the DEPARTMENT participate in any increased settlement agreement above the fair market value. It is understood and agreed that the DEPARTMENT may participate in a court directed award above the fair market value subject to the availability of funds identified for the project. The DEPARTMENT will not be required to participate in any such award increase that is not supported by a court order. It is further agreed between the parties that the DEPARTMENT shall be the final arbiter of whether an increase in an award or expense will be reimbursable to the LOCAL GOVERNMENT.
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