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8L Consent 2020 1214
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8L Consent 2020 1214
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12/9/2020 6:54:49 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/14/2020
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Alameda CTC Agreement No. A21-00XX <br />Project No. XXXX <br /> <br />Page 12 of 16 <br /> <br />e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. <br /> <br />f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA <br />CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) <br />years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, <br />PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC <br />Share of the fair market value of the property, based on the net proceeds from the sale of <br />the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within <br />one (1) year after the expiration of this ten (10) year period. <br /> <br />17. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA <br />CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. <br />PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety <br />(90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA <br />CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of <br />settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference <br />between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share <br />of the interest accrued to the deposit account within one (1) year of the final order of condemnation. <br /> <br />18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the <br />construction of the PROJECT has been secured. <br /> <br />19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is <br />limited to the following (and net of any relocation payments provided by other sources): <br /> <br />a. The cost to purchase all real property required for the PROJECT free and clear of liens <br />and/or conflicting easements, including the costs for preparation of documents, <br />negotiations and legal services. <br /> <br />b. The cost of damages to owners of the remainder of real property not actually taken but <br />injuriously affected by PROJECT. <br /> <br />c. The cost of relocation payments and services provided to owners and occupants pursuant to <br />the appropriate State laws and regulations when the PROJECT displaces an individual, family, <br />business, farm operation or nonprofit organization. <br /> <br />d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds <br />from the sale of any such improvements shall be credited to the PROJECT and used to offset <br />PROJECT costs. <br /> <br />e. The cost of all unavoidable utility relocation, protection or removal necessary for the <br />completion of the PROJECT. <br /> <br />159
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