05 EXCLUSIVE NEGOTIATING AGMT 2012-11-19

Home Browse Search

DRAFT November 14, 2012 and Authority to undertake the disposition and/or development of the Proposed Development Site. 7. Master Plan Costs Developer shall be responsible for all costs associated with development of the Master Plan. Developer agrees to expend a minimum amount of Thirty Five Thousand Dollars ($35,000) in "Third Party Costs" for the Master Plan services performed hereunder for the City Parcels, and an additional minimum amount of Sixty Five Thousand ($65,000) in "Third Party Costs" for the Master Plan services performed hereunder for the County Parcels, fora total minimum of One Hundred Thousand Dollars ($100,000.00) in "Third Party Costs" for the Master Plan ("Total Amount") if the County Parcels are incorporated. Third Party Costs shall mean those amounts actually paid or obligations incurred forwork actually done by those consultants, contractors and advisors of the Developer. ~. Ownership of Materials, Supplies, Drawings, Specifications, Programs or Systems Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Developer or its agents pursuant to this Agreement shall, without further consideration, be the property of the City or Authority as applicable to the City Parcels or Authority Parcel. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Developer. Developer agrees to provide City and Authority with any such materials whenever requested to do so. 9. No Development Commitment Made By the Parties A. By its execution of this Agreement, the City, Authority, and Developer are not committing themselves to or agreeing to undertake: (a) financing or disposition and/or acquisition and development of Proposed Development Site; or (b) any otheracts or activities requiring the subsequent independent exercise of discretion by the City and/or Authority or any agency or department of either, and/or Developer, and the City and Authority, and Developer have no reasonable expectation that such commitments will be made in the future. EXHIBIT 1 .:.