Where Developer Clause Samples

Where Developer. 2.5.8.1 has used diligent efforts to perform the Pre-Acquisition Services and Parcel Acquisition Services to acquire a Parcel without the use of administrative review or GDOT’s condemnation powers; and 2.5.8.2 is unable, after 90 days from acceptance by Authority of the ROW Acquisition Plan, to acquire such Parcel due to: (a) a failure to reach an agreement with the Parcel Owner during negotiations; or (b) a failure to obtain GDOT’s acceptance of a Counter Offer, Developer may submit a request to Authority to commence administrative review with respect to such Parcel. Such request shall include such information and other evidence as reasonably necessary to support Developer’s request and demonstrate that Developer has met the requirements set forth in this PA Section 2.5.8 (State Proposed/Developer Acquired Right of Way).