                                 CODE OF VIRGINIA

INTERIM AGREEMENT (§ 33.2-1809)

A. Prior to or in connection with the negotiation of the comprehensive
agreement, the responsible public entity may enter into an interim agreement
with the private entity proposing the development and/or operation of the
facility or facilities. Such interim agreement may (i) permit the private entity
to commence activities for which it may be compensated relating to the proposed
qualifying transportation facility, including project planning and development,
advance right-of-way acquisition, design and engineering, environmental analysis
and mitigation, survey, conducting transportation and revenue studies, and
ascertaining the availability of financing for the proposed facility or
facilities; (ii) establish the process and timing of the negotiation of the
comprehensive agreement; and (iii) contain any other provisions related to any
aspect of the development and/or operation of a qualifying transportation
facility that the parties may deem appropriate.

B. Notwithstanding any provision of this chapter to the contrary, a responsible
public entity may enter in to an interim agreement with multiple private
entities if the responsible public entity determines in writing that it is in
the public interest to do so.

C. The Department of Transportation, the Virginia Passenger Rail Authority, and
the Department of Rail and Public Transportation shall not enter into an interim
agreement for the development of a transportation facility under this chapter
that either (i) establishes a process and timing of the negotiations of the
comprehensive agreement or (ii) allows for competitive negotiations as set forth
in &#xA7; 2.2-4302.2.

HISTORY: 2005, cc. 504, 562, § 56-566.1; 2014, c. 805; 2017, cc. 539, 551;
2020, cc. 1230, 1275.