State of Ohio

Department of Transportation

Contract For Right Of Entry-emergency project

PARCEL(S): *List All Parcels*-*Suffix(s)*

*CTY-RTE-SEC*/*PID*

A highway construction project is required due to an emergency condition as determined by the Governor of the State of Ohio or the Director of the Ohio Department of Transportation (ODOT). Due to this emergency, ODOT and/or its agents and contractors must enter upon your property for construction purposes. This entry is voluntary on your part and occurs before the normal real estate acquisition process is undertaken. ODOT will continue with its plan development process and will eventually determine the real property required from you for rights of way needed for construction, operation and maintenance of the highway. When this occurs, you will be paid compensation and afforded all rights under law.

The parties to this agreement are [Insert Name of Owner(s)] hereinafter termed “Owner” of property required for construction purposes and the State of Ohio, Department of Transportation, hereinafter termed “ODOT”. In consideration of the sum of $ [Insert dollar amount paid as consideration] which is to be paid to Owner. The Owner and ODOT agree upon the following terms for the entry by ODOT upon the real estate described as Exhibit A attached.

1.	Owner, on or after ____________________ grants to ODOT, its employees, agents, contractors, subcontractors, utility companies and any other representatives of ODOT the irrevocable right to enter upon, occupy and to have exclusive possession of the real property described in Exhibit A for the purpose of constructing a highway or facility incidental to the highway.

2.	For the consideration of the aforementioned sum to Owner, ODOT will acquire physical possession of lands and any building, house or other structure located within the area described in Exhibit A. If structures are within this described area, the terms and conditions of occupancy or non-occupancy and access are set forth in the attached Exhibit B.

3.	Owner affirms to ODOT that the Owner is the true and lawful Owner in fee simple of the real property described in Exhibit A.

4.	Owner will not charge ODOT interest, rent or other compensation during the time ODOT occupies the said real property for construction of the highway or related facility.

5.	Owner must notify ODOT in writing of any prospective transfer of any interests in the real property described in Exhibit A in not less than 14 days prior to the date any transfer will occur.

6.	Owner agrees that the $[Insert dollar amount paid as consideration] consideration shall be credited and applied against the total purchase price agreed to during the acquisition phase of the highway project.

7.	Owner by granting this right of entry does not relinquish any rights whatsoever not contained in this agreement. This Agreement is the entire agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations whatsoever, express or implied, other than what is set forth in this document, shall be binding upon ODOT or Owner.

8.	No amendment or modification of this Agreement shall be valid or binding upon the Parties unless it is made in writing, references this Agreement and is signed by the Owner and ODOT.

9.	Any and all terms, conditions and provisions of this Agreement shall be binding upon and be in effect to the benefit of the ODOT and Owner and their respective heirs, executors, administrators, successors and assigns.

10.	[ This paragraph is reserved for rare occasions when district and owner agree to other terms and conditions. Delete this paragraph if not used. If used tie it to the attached Exhibit B for details. Example; The owner and ODOT agree to additional terms, see attached Exhibit B.]

UNPROTECT FORM TO USE QUICK PART BUTTON FOR ACKNOWLEDGEMENT FORMS RE 244-C THROUGH RE 249-C FOR THE CORRECT FORM OF THE SIGNATURE BLOCK FOR EACH OWNER, AND INSERT AS NEEDED

DELETE THESE INSTRUCTIONS UPON FORMATTING EACH OWNER’S

Choose a acknowledgement form.

Choose a acknowledgement form.

In Witness Whereof, the State of Ohio, Department of Transportation, and [Insert Name of Owner(s)] have executed this Agreement on the date(s) indicated immediately below their respective signatures.
STATE OF OHIO DEPARTMENT OF TRANSPORTATION
Jack Marchbanks, Ph.D., Director
Date:
By:	*Type Name of ODOT Signer*
*Type Title of ODOT Signer*