Resolution 2012-64 - Laserfiche WebLink

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iv) Notwithstanding (i) through (iii), above, CDOT's signature on a Work Order shall constitute permission for Owner and its employees, agents, and Contractors to enter upon Project ROW or other CDOT property for the sole purpose of performing activities necessary to design the Relocation, including without limitation, surveying and potholing, but excluding boring, sampling or other testing, all subject to each of the terms and conditions contained in this URA. Permission for Owner or its Contractors to traverse the property of any other property owners or interest-holders is the sole responsibility of Owner. c) Property Acquisition and Reimbursement i) Where reasonably possible, Utilities located within Public Lands shall be Protected- in-Place. Where a Utility is located in Public Lands and must be Relocated out of Public Lands, the Parties shall initially attempt to Relocate into Public Lands. If the Parties cannot so Relocate, the Parties shall meet to determine a suitable Relocation location and a schedule and plan to acquire any property interests necessary for the Utility's Relocation. The Party responsible to acquire Utility property interests shall be identified on the Work Order. Regardless of who performs acquisition of replacement property, both Parties shall have the right to examine and approve the property acquisition transaction contemplated for the new Utility location in order to confirm that a 'like-for-like' replacement of property interests is to be acquired. All property acquisition costs are Utility Work Costs of Relocation and shall, therefore, be borne by the Responsible Party. Property interests necessary for any Relocation must be obtained prior to commencement of construction of Relocation. ii) If Owner's Utility occupies real property pursuant to fee interest held by Owner as evidenced by documentary proof provided to and approved by CDOT ("Owner Property") and CDOT requires Owner Property for Project ROW or Project construction, the Parties shall, whenever reasonably possible, attempt to Protect the Utility in Place so that it will not be in conflict with the Project. However, if the Parties cannot Protect the Utility in Place, replacement property interests shall be acquired in accordance with Article 8(c)(i) hereof. Once the Utility has been Relocated into a new location and is in service, Owner shall convey to CDOT the Owner Property that is required for the Project. CDOT shall either reimburse Owner for the cost of the Owner Property conveyed to CDOT or shall pay the costs to acquire replacement property interests for Owner. iii) If Owner's Utility occupies real property pursuant to a permanent easement (including proven prescriptive rights) held by Owner as evidenced by documentary proof provided to and approved by CDOT ("Owner Easement") and CDOT requires the Owner Easement for Project ROW or Project construction, the Parties shall, whenever reasonably possible, attempt to Protect the Utility in Place so that it will not be in conflict with the Project. However, if the Parties cannot Protect the Utility in Place, replacement property interests shall be acquired in accordance with Article 8(c)(i) hereof. Once the Utility has been Relocated into a new location and is in service, Owner shall deed, assign, vacate, abandon or release the Owner Easement, as applicable, and, CDOT shall pay the cost of the replacement property interests, provided that CDOT shall be entitled to offset the cost of replacement property interests or the Cost of Relocation by the amount that Owner receives as compensation from any source for the transfer of rights in the Owner Easement. If CDOT has paid the cost of acquisition of replacement property interests and has paid the Cost of Relocation, Owner shall be required to pay to CDOT any compensation received from any source for the transfer of rights in the Owner Easement, provided such compensation is received by the Owner within 2 years Page 11 of 21