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3. Due Diligence Period: <br />Potential bidders may arrange for contractors, consultants, architects and <br />others they deem necessary to inspect the properties they would like to submit <br />bids for. Bidders are inspecting the properties at their own risk, and they are <br />fully responsible and liable for their personnel, investors, inspectors, guests <br />and invitees of all types while at the properties. Bidders agree to accept this <br />liability at all times during any property inspection. Inspections are <br />recommended but not mandatory. Potential bidders shall conduct their own <br />due diligence at their own cost prior to submitting a bid. <br />In order to conduct a site investigation, a no -fee Right of Entry Permit shall be <br />required (Attachment 3). If desired, submit form to PWAPrope , Sale ,santa- <br />ana.or. <br />4. Warranties of Bum <br />Buyer will warranty a commitment of milestones for the entitlement process, <br />as well as construction of proposed development to be specified in the actual <br />purchase and sale agreement. Refer to Sample Agreement (Attachment 4) for <br />specific provisions. <br />5. Withdrawal of Bids: <br />Proposers may withdraw their Proposals at any time prior to the deadline for <br />Proposal submittal. After the deadline, the Proposal will constitute an <br />irrevocable offer for a period of 180 days. Once opened, Proposals become a <br />record of the City and will not be returned to the Proposer. Any Proposers that <br />withdraw bids after the deadline but prior to council award shall forfeit their <br />initial One Percent (1%) deposit. <br />6. Bid Postponement / Cancellation: <br />The City may, at its sole and absolute discretion, reject any bids that are not <br />submitted in accordance with the terms in this Bid Solicitation. The City may <br />re -advertise this Bid; postpone or cancel, at any time during this Bid process; <br />or waive any irregularities in this Bid or in the Proposals received as a result <br />of this Bid. <br />7. Costs Incurred by Proposers: <br />All expenses involved with the preparation and submission of bids to the City, <br />or any work performed in connection therewith, including participating in any <br />presentations or negotiations related to this REP, shall be borne by the <br />Proposer(s). No rights of ownership will be conferred until title of the <br />property is transferred to the successful bidder. All fees for copying and <br />reproduction services for items listed herein are nonrefundable. <br />8. Business Entity Registration: <br />It is the responsibility of the Proposer to update information concerning any <br />changes, such as new address, telephone number, etc. <br />9. Oral Presentations: <br />The City does not anticipate that oral presentations will be required of <br />Proposers. The committee reserves the right to interview any Proposer, begin <br />City of Santa Ana RFP 19-026 <br />Page 8 <br />