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Alameda CTC Agreement No. A22-0034 <br />Project No. 157800 <br />construction within ten (10) years of ALAMEDA CTC reimbursement to the <br />PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, <br />PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value <br />of the property, based on the net proceeds from the sale of the property or an <br />appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) <br />year after the expiration of this ten (10) year period. <br />16. If condemnation procedures are required to obtain possession to Right -of -Way, <br />ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT <br />SPONSOR upon request. PROJECT SPONSOR shall submit documentation of the final order of <br />condemnation settlement within ninety (90) days after the date of the court recording of the final <br />order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT <br />SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of <br />condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the <br />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 <br />condemnation. <br />17. PROJECT SPONSOR shall not initiate condemnation of any property until full <br />funding for the construction of the PROJECT has been secured. <br />18. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right -of - <br />Way is limited to the following (and net of any relocation payments provided by other sources): <br />a. The cost to purchase all real property required for the PROJECT free and clear of <br />liens and/or conflicting easements, including the costs for preparation of <br />documents, negotiations and legal services. <br />b. The cost of damages to owners of the remainder of real property not actually <br />taken but injuriously affected by PROJECT. <br />c. The cost of relocation payments and services provided to owners and occupants <br />pursuant to the appropriate State laws and regulations when the PROJECT <br />displaces an individual, family, business, farm operation or nonprofit <br />organization. <br />d. The cost of demolition and/or the sale of all improvements on the right-of-way. <br />Proceeds from the sale of any such improvements shall be credited to the <br />PROJECT and used to offset PROJECT costs. <br />Page 15 of 19 <br />