Common use of ROW Costs Clause in Contracts

ROW Costs. (i) Except as provided in this Agreement, the Developer will be responsible for performing all activities and services necessary for the acquisition of all Project Right of Way at its sole cost and expense as set forth in the Technical Requirements. (ii) For parcels that go to condemnation, Developer will be required, prior to the start of condemnation proceedings, to place in the Project Enhancement Account an amount equal to 130% of the offer amount set forth in the Condemnation Certificate and to separately pay to the Department $50,000 to pay the Department’s administrative costs in pursuing condemnation. Following the conclusion of all condemnation proceedings related to the Project, the Developer will be entitled to any condemnation funds remaining in the Project Enhancement Account. If the aggregate amounts awarded by the court exceeds the amount deposited to the Project Enhancement Account for condemnation, the Department will pay to the Developer the amount necessary to fund such excess. The Department will not provide review or approval of appraisals or of offers to the property owners prior to the Developer filing a Condemnation Certificate.