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Alameda CTC Agreement No. A25-0058 <br />Project No. 1480013 <br /> <br />Page 13 of 17 <br /> 2025 PFA Version <br />the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, <br />within one (1) year after the expiration of this ten (10) year period. <br /> <br />16. 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 <br />ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the <br />amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC <br />the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus <br />ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of <br />condemnation. <br /> <br />17. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the <br />construction of the PROJECT has been secured. <br /> <br />18. 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 <br />to the appropriate State laws and regulations when the PROJECT displaces an individual, <br />family, 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 <br />offset 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 />f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation <br />or removal and protective storage for which PROJECT SPONSOR accepts responsibility and <br />where the actual generator cannot be identified and recovery made. <br /> <br />19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to <br />(i) failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, <br />(ii) failing to file required progress reports in the time specified by this AGREEMENT, or (iii) failing to comply <br />with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to <br />Docusign Envelope ID: B4E49062-FF04-43DB-87D8-F5C1F9DF9528