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F~B 5 'SS Z~: la PAGE.011 <br /> <br /> lfzhlplMe/Warren Site RFQ . january 1993 <br /> <br /> OFFER TO NEGOTIATE EXCLUSIVE[, Y <br /> Pl,'MppleatZarren Project <br /> <br /> The undersigned , hereinafter referred to a~ the <br /> "Offeror," hereby submits to the Kedcvelopment Agency of the City of Kedwood <br /> City, hereafter referred to as the "Agency," an offer to negotiate exclusively for the <br /> development of the subject project. <br /> <br /> The offeror shall negotiate exclusively with the Agency for a 98 day period, <br /> hereirmffer referr~ to as the "Exclusive Period," commencing with the date of <br /> acce2~tance of this agreement by the Agency, during which time the offeror will seek to <br /> complete a contract for the disposition and development of the subject Project, <br /> hereinafter referred to as a "Disposition and Development Agreement," or "DDA." <br /> <br /> This offer is made pursuant to, and with ~11 understanding of, ~11 procedures, rules <br /> and instructions stated in the Request for Qualifications, as well as the following terms <br /> - and conditions: <br /> <br /> 1. The Agency shall accept the offer which it finds to be most advantageous to itself', <br /> which detemgnatlon shall be linal and conclusive, and shall not be subject to review. <br /> The Agency shall r~serve the right to reject any or all off¢~'/, and to waive any <br /> informalities or defects as to form or procedure. <br /> <br /> 2. The Agency retains the r~sponsibiliry to determine the timing, ~,'rangemcnt, and <br /> m~'&od of'qualification presentations throughout the developer selection process. The <br /> Offeror shall not undertake any activities or actions to promote or advertise the <br /> development proposal except in the course of Agency.sponsored presentations. <br /> Further, it is understood that the Agency may present and expla/n the non-con/ldential <br /> sspects ofth/s proposal. <br /> <br /> ~. Any direct or indk¢ct (through others) contact by the Offeror with individual members <br /> of the Redwood City Counc'fl/Kedevelopment Agency Board regarding any aspect of <br /> this Offer, except in the course of Agency-sponsored presentations, is expressly <br /> prohibited and may be grounds.for disqualification of'the Offeror from consideration. <br /> <br /> 4, If the negotiations conducted under this offer to negotiate exclusively, do not tead to a <br /> signed and approved DDA, the Offeror agrees t° submit to the Agency all fadings and <br /> determinations regarding the proposed dcvelopmem and copies o£ all plans, studies <br />-- and reports prepared by the Offeror. The Agency further reserves thc right to require <br /> forms of security as part of'the DDA. <br /> <br /> <br />