Contract For Right Of Entry

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

*CTY-RTE-SEC*/*PID*

The purpose of this Agreement is to allow the *Name of LPA* to enter upon, occupy and have exclusive possession of the real property described in Exhibit A for the purposes of constructing a highway or facility incidental to the highway while the Parties attempt to negotiate further the sale and purchase of the property described in Exhibit A.

This Agreement is by and between the Name of LPA [“LPA”] and *Name of Owner(s)* [“Owner”; “Owner” includes all of the foregoing named persons or entities]. LPA and Owner are referred to collectively in this Agreement as “Parties.”

In consideration of the mutual promises, agreements and covenants herein contained, the Parties contract as follows:

1.	LPA shall pay to Owner the sum of $*Amount*, which sum shall constitute the entire amount of consideration due to the Owner for granting to LPA the rights, interests and privileges described immediately below in Section 2.

Except as specified in this Agreement, in no event shall Owner be entitled to receive from LPA any interest, rent or other consideration of any kind for the period of time during which LPA occupies, possesses and uses the real property described in Exhibit A attached to this Agreement.

2.	On and after Click or tap to enter a date., LPA, its employees, agents, consulting engineers, contractors, subcontractors, utility companies and any other representatives of LPA shall have the irrevocable right to enter upon, occupy and have exclusive possession of the real property described in Exhibit A for the purposes of constructing a highway or a facility incidental to the highway.

For consideration of the aforementioned sum to Owner, LPA shall have the right to physical possession of any land, and all buildings, houses, garages, sheds or any other types of structures, fixtures and other property, if any, located within or upon the real property 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 that Owner is the true and lawful owner of the fee simple of the real property described in Exhibit A and/or Owner has the right and full power to grant to LPA the rights, interests and privileges described in Exhibit A.

4.	Owner shall notify LPA of any prospective transfer of any of Owner’s rights, titles or interests in the property. This notification shall be in writing not less than 14 days prior to the date on which the transfer is to be closed or otherwise consummated. If the transfer will be closed or otherwise consummated less than 14 days after Owner agrees to such transfer, then Owner shall provide to LPA such notification in writing immediately.

5.	Owner acknowledges that LPA has the right to commence an action to appropriate the property described in Exhibit A and Exhibit B (if used) at any time it appears to the LPA that further negotiations with Owner are not warranted.

State agrees to commence promptly an action to appropriate the property described in Exhibit A and Exhibit B (if used) upon LPA’s receipt from Owner of a written notice to commence an action to appropriate.

6.	The Parties agree that the above mentioned $*Amount* shall be credited to and applied against the total purchase price the Parties may negotiate for the sale and purchase of the property described in Exhibit A, and the conveyance and transfer by the Owner to LPA.

7.	The Parties agree that if LPA acquires the property described in Exhibit A and Exhibit B (if used) by way of an action to appropriate, then the abovementioned $*Amount* shall be credited to and applied against any amount awarded to the Owner in such appropriation action. If the $*Amount* is greater than the amount awarded to Owner in such appropriation action, then Owner expressly agrees to refund promptly the difference to LPA.

8.	Owner acknowledges that LPA has explained to Owner that no owner of property can be required to surrender possession of the same to LPA prior to:

(i)	the payment of the total, agreed upon purchase price by LPA; or

(ii)	in the case of an appropriation, the deposit by LPA with the court, for the benefit of the owner, an amount not less than LPA’s approved appraisal of the fair market value of the property; or

(iii)	the court award of compensation in the appropriation proceeding for the property.

Notwithstanding the rights described above, Owner in executing this Agreement waives such rights and permits LPA to occupy, possess and use the property described in Exhibit A and Exhibit B (if used).

9.	Except and unless otherwise specifically modified by the terms and conditions of this Agreement, any and all rights, privileges, titles and interests in or to the property described in Exhibit A are preserved and retained by Owner.

10.	Any and all of the terms, conditions and provisions of this Agreement shall be binding upon and shall pass to the benefit of LPA and Owner and their respective heirs, executors, administrators, successors and assigns.

11.	This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together shall constitute but one and the same instrument.

12.	This instrument contains the entire agreement between the Parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions or obligations whatever, express or implied, other than herein set forth, shall be binding upon either State or Owner.

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

In Witness Whereof, the *Name of LPA*, and *Name of Owner(s)* have executed this Agreement on the date(s) indicated immediately below their respective signatures

UNPROTECT FORM TO USE QUICK PART BUTTON FOR ACKNOWLEDGEMENT FORMS RE 830-C THROUGH RE 835-C FOR THE CORRECT FORM OF THE SIGNATURE BLOCK FOR EACH OWNER, AND INSERT AS NEEDED

DELETE THESE INSTRUCTIONS UPON FORMATTING EACH OWNER’S

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*NAME OF LPA*
*Type Name of Signer* *Type Office/Title of ODOT Signer*
Date: