Limitation on Effect of Agreement. This Agreement shall not obligate either the City or Sonnenblick to enter into a DA or to accept any particular term or condition in a DA. By execution of this Agreement, the City is not committing itself to or agreeing to undertake the Development or lease the Site. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission action the final discretion and approval regarding the execution of a DA and all proceedings and decisions in connection with it. Any DA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA has been considered and approved by the City Commission following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Sonnenblick. No agreements, agreement drafts, actions, deliverables or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick to enter into or support entering into a DA or be used as evidence of any oral or implied agreement by either of them to enter into any other legally binding document or to undertake any legally binding duty or obligation, unless in writing authorized and executed with the same formality as this Agreement and expressly stating the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by this Agreement.
Appears in 2 contracts
Samples: Exclusive Negotiating Agreement, Exclusive Negotiating Agreement
Limitation on Effect of Agreement. This Agreement shall not obligate either the City or Sonnenblick the Developer to enter into a DA DDA or to accept any particular term or condition in a DAother Agreement regarding the Site. By execution of this Agreement, the City is not committing itself to or agreeing to undertake the Development or lease disposition of the Site. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission Council action the final discretion and approval regarding the execution of a DA DDA and all proceedings and decisions in connection with ittherewith. Any DA DDA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA DDA has been considered and approved by the City Commission Council, following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Sonnenblickthe Developer. No agreementsUntil and unless a DDA is signed by the Developer, approved by the City Council, and executed by the City, no agreement drafts, actions, deliverables deliverables, or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick Party to enter into or support entering into a DA DDA or be used as evidence of any oral or implied agreement by either of them Party to enter into any other legally binding document or to undertake any legally binding duty or obligation, unless in writing authorized and executed with the same formality as this Agreement and expressly stating the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by this Agreementdocument.
Appears in 2 contracts
Samples: Exclusive Negotiating Agreement, Exclusive Negotiating Agreement
Limitation on Effect of Agreement. This Agreement shall not obligate either the City or Sonnenblick the Developer to enter into a DA or to accept any particular term or condition in a DAthe DDA. By execution of this Agreement, the City is not committing itself to or agreeing to undertake disposition of the Development or lease the SiteProperty. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission action Council approval the final discretion and approval regarding the execution of a DA any DDA and all proceedings and decisions in connection with ittherewith. Any DA DDA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA DDA has been considered and approved by the City Commission Board, following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Sonnenblickthe Developer. No agreementsUntil and unless the DDA is signed by the Developer, approved by the City Council, and executed by the City, no agreement drafts, actions, deliverables or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick party to enter into or support entering into a DA the DDA or be used as evidence of any oral or implied agreement by either of them party to enter into any other legally binding document or document. This Agreement shall be null and void and the parties shall have no obligation to undertake any legally binding duty or obligation, unless in writing authorized and executed with each other if the same formality as Developer does not execute this Agreement and expressly stating within ten (10) days of the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by City Council approving this Agreement.
Appears in 1 contract
Samples: Exclusive Negotiating Rights Agreement Mayfair Site
Limitation on Effect of Agreement. This Agreement shall not obligate either the City Town or Sonnenblick the Developer to enter into a DA or to accept any particular term or condition in a DAProject Agreements. By execution of this Agreement, the City Town is not committing itself to or agreeing to undertake the Development acquisition, disposition, or lease the Siteexercise of control over any property. Execution of this Agreement by the City Town is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission Town Council action the final discretion and approval regarding the execution of a DA any Agreement and all proceedings and decisions in connection with ittherewith. Any DA Agreement resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA Agreement has been considered and approved by the City Commission Town Council, following conduct of all legally required procedures, including without limitation, all required environmental review processes and all other applicable governmental approvals, and executed by duly authorized representatives of the City Town and SonnenblickDeveloper. No agreementsUntil and unless Project Agreements are signed by the Developer and approved by the Town Council, no agreement drafts, actions, deliverables deliverables, or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick any party to enter into or support entering into a DA Project Agreements or be used as evidence of any oral or implied agreement by either of them party to enter into any other legally binding document or to undertake any legally binding duty or obligation, unless in writing authorized and executed with the same formality as this Agreement and expressly stating the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by this Agreementdocument.
Appears in 1 contract
Samples: Exclusive Negotiating Agreement
Limitation on Effect of Agreement. This Agreement shall not obligate either the City or Sonnenblick to enter into a DA or to accept any particular term or condition in a DA. By execution of this Agreement, the City is not committing itself to or agreeing to undertake the Development development or lease the Site. Execution of this Agreement by the City is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent City Commission action the final discretion and approval regarding the execution of a DA and all proceedings and decisions in connection with it. Any DA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DA has been considered and approved by the City Commission following conduct of all legally required procedures, and executed by duly authorized representatives of the City and Sonnenblick. No agreements, agreement drafts, actions, deliverables or communications associated or arising from the negotiation or performance of this Agreement shall impose any legally binding obligation on either the City or Sonnenblick to enter into or support entering into a DA or be used as evidence of any oral or implied agreement by either of them to enter into any other legally binding document or to undertake any legally binding duty or obligation, unless in writing authorized and executed with the same formality as this Agreement and expressly stating the intent to be legally bound. If entered, the DA will express the entire agreement between the parties to it concerning the matters contained in it or contemplated by this Agreement.
Appears in 1 contract