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County: Hays <br />District: Austin <br />ROW CSJ # 0016 -09 -035 <br />CCSJ # 0016 -09 -033 <br />Federal Project # <br />Federal Highway Administration <br />CFDA # 20.205 <br />Not Research and Development <br />contributed by the Local Government to the State shall be based on the property's fair <br />market value established as of the effective date of this agreement. The fair market <br />value shall not include increases or decreases in value caused by the project and <br />should include the value of the land and improvements being conveyed, excluding any <br />damages to the remainder. The amount of any credit for real property contributed for <br />this project is clearly shown in Attachment C. <br />B. The Local Government will provide to the State all documentation to support the <br />determined fair market value of the donated property. This documentation shall include <br />an appraisal of the property by a licensed appraiser approved by the State. The cost of <br />appraisal will be the responsibility of the State. The State will review the submitted <br />documentation and make a final determination of value; provided however, the State <br />may perform any additional investigation deemed necessary, including supplemental <br />appraisal work by State employees or employment of fee appraisers. <br />C. Credit shall be given only for property transferred at no cost to the State after the <br />effective date of this agreement and the issuance of spending authority, and only for <br />property which is necessary to complete this project, has title acceptable to the State, <br />and is not contaminated with hazardous materials. Credit shall be in lieu of monetary <br />contributions required to be paid to the State for the Local Government's funding share <br />of the right of way to be acquired for this project. The total credit cannot exceed the <br />Local Government's matching share of the right of way obligation under this agreement, <br />and credits cannot be reimbursed in cash to the Local Government, applied to project <br />phases other than right of way, nor used for other projects. <br />D. In the event the Local Government's monetary contributions to the State for acquisition <br />of right of way, when added to its real property credits, exceed the Local Government's <br />matching share of the right of way obligation, there will be no refund to the Local <br />Government of any portion of its contributed money. <br />5. Amendments <br />Amendments to this agreement due to changes in the character of the work, terms of the <br />agreement, or responsibilities of the parties relating to the Project may be enacted through <br />a mutually agreed upon, written supplemental agreement. <br />6. Notices <br />All notices to either party by the other required under this agreement shall be delivered <br />personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: <br />Agreement to Contribute ROW Funds Page 4 of 11 Revised 08/30/2011 <br />