STATE OF TEXAS County



CONTRACT AND ASSIGNMENT OF RELOCATION BENEFITS

|STATE OF TEXAS |§ |County:       |

| |§ |ROW CSJ No.:       |

|COUNTY OF       |§ |Federal Project No.:       |

| | |Parcel No.:       |

WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, (and the County of      , Texas, hereinafter called the County,) (and the City of      , Texas, hereinafter called the City,) is (are) acquiring right of way for a highway facility designated as      , and said highway will include certain property identified in the heading of this instrument, owned in whole or in part and occupied by      , hereinafter called Owners, whether one or more, and said property is the subject of a condemnation suit now pending in the       Court      of       County, Cause No.      , and styled       vs.      ; and

WHEREAS, said Owners have acquired another dwelling place and have made application to the State for a replacement housing payment, and the State under applicable State law and the Texas Transportation Commission regulations adopted thereunder intends to make available to the Owners such money as they may be due; and

WHEREAS, the State and the Owners agree that it is not possible at this time to determine with any degree of exactitude the amount of replacement housing payment that may ultimately be due to Owners;

NOW, THEREFORE, the State and the Owners hereby contract and agree with mutual intent to authorize the State to pay to the Owners preliminary replacement housing funds and to insure the State against the payment of money to said Owners in excess of that allowed by law and said regulations as follows:

Base Sum: The sum of       Dollars ($     ) is the amount of the      . This sum shall be here used as the intermediate base sum for computing preliminary replacement housing payment to the Owners and will hereinafter be called the Base Sum.

Final Sum: That sum of money necessary for the State to pay to finally acquire the necessary title to said property, whether by deed or judgment, shall be the base for computing the ultimate amount of replacement housing payment which the Owners may be entitled to receive from the

State, if any, and will hereinafter be called the Final Sum.

Payment: The State will pay the Owners       Dollars ($     ), which is the amount of preliminary replacement housing payment due the Owners computed with relation to the Base Sum and will hereinafter be called the Payment.

Remittitur: If the Final Sum exceeds the Base Sum, the State shall be entitled to a remittitur of all such excess funds not to exceed the amount of the Payment.

Assignment: In consideration of the State paying the Owners the payment herein provided the

Owners do hereby convey, transfer and assign unto the State all that sum of money that may be-come due to them under a final judgment hereinafter rendered in said condemnation proceedings which is over and above the Base Sum, but said assigned sum shall not exceed the amount of the

Payment.

IT IS FURTHER AGREED that regardless of the amount of the Final Sum the replacement housing payment shall never exceed the sum of       Dollars

($     ), which was the amount of the final offer made to the Owners in negotiations prior to the filing of the said condemnation suit.

Executed by the Owners on this       day of      ,      .

Acknowledgment

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on by .

Notary Public Signature

Corporate Acknowledgment

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged before me on by

of , a corporation, on behalf of said corporation.

Notary Public Signature

THE STATE OF TEXAS

Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission.

RECOMMENDED BY: EXECUTED BY:

District Engineer Director of Right of Way Division

Date Date

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