Exclusive Negotiating Agreement Sample Contracts

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • May 26th, 2020 • California

, 2020 (the "Effective Date"), by the City of Hayward, a California charter city (the "City"), and ("Developer"), on the basis of the following facts. The City and Developer may sometimes be referred to individually as "Party" and collectively as "Parties."

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SUBJECT: Exclusive Negotiating Agreement and Predevelopment Loan for Predevelopment Analysis for Property at Southeast Corner of Famosa and Nimitz Boulevards
Exclusive Negotiating Agreement • August 18th, 2019

Authorize the San Diego Housing Commission (Housing Commission) on behalf of the Housing Authority of the City of San Diego (Housing Authority) to: (i) enter into an Exclusive Negotiating Agreement with Bridge Housing Corporation (Bridge); and (ii) make a Predevelopment Loan for the potential sale of property on the southeast corner of Famosa and Nimitz Boulevards.

FIFTH AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • September 15th, 2023

This Fifth Amendment to Exclusive Negotiating Agreement (this “Amendment”) is dated effective as of September 21, 2023 (the “Effective Date”) by and between the Vancouver City Center Redevelopment Authority (the “CCRA”) and LPC West LP, as successor-in-interest to LPC West, Inc. (“Developer”).

EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE CITY OF REDLANDS
Exclusive Negotiating Agreement • August 10th, 2016 • California

This EXCLUSIVE NEGOTIATING AGREEMENT (this “Agreement”) is dated August 16, 2016, and is entered into by and between the City of Redlands, a California municipal corporation (the “City”), and ALN Redlands District, LLC. (the “Buyer”). The City and the Buyer are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

SITE 21 DRAFT EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • December 5th, 2016 • California
Subject: Approve Exclusive Negotiating Agreement – Extension, 2718 G Street, Old Marshall
Exclusive Negotiating Agreement • March 27th, 2020

Background/Rationale: The third Exclusive Negotiating Agreement will expire March 31, 2020. This agreement is an extension of the second and will extend the agreement for an additional six months. Both parties desire to renew the agreement to allow sufficient time to identify exchange parameters.

EXCLUSIVE NEGOTIATING AGREEMENT (PANAMA CITY MARINA SITE)
Exclusive Negotiating Agreement • December 8th, 2022 • Florida

THIS EXCLUSIVE NEGOTIATING AGREEMENT (the "Agreement") is entered as of the day of May, 2016 (the "Effective Date"), at Panama City, Florida, by and among the CITY OF PANAMA CITY, FLORIDA, a municipal corporation (the "City"), and SONNENBLICK HOLDINGS LLC, a Delaware limited liability company to be authorized to do business in the State of Florida ("Sonnenblick”) on the basis of the following facts:

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • March 12th, 2013
AMENDED AND RESTATED EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • September 28th, 2021 • California

(“Restated Agreement”) dated for reference purposes as of [ ], 2021(“A&R Effective Date”) is entered into by and between the Peninsula Health Care District, a political subdivision of the State of California (“District”), PMB LLC, a California limited liability company (“PMB”), Generations LLC, an Oregon limited liability company (“Generations”), and MidPen Housing Corporation, a California nonprofit public benefit corporation (“MidPen”).

EBCE Letterhead]
Exclusive Negotiating Agreement • September 15th, 2020

East Bay Community Energy Authority (“EBCE”) is pleased to confirm that the Offer (as defined below) submitted by __________________ (“Respondent”) for the __________________ (“Project”) in the recent 2020 Renewable Energy & Storage Request for Offers (“RFO”) has been placed on the shortlist for further negotiations. If you wish to proceed with negotiations for a power purchase agreement (“PPA”) under the terms and conditions set forth in this letter (the “Exclusive Negotiating Agreement”), please countersign where provided below and return it to 2020-rfo@ebce.org no later than seven (7) business days after the date set forth above, along with the required items for short-listed Offers, as described in the RFO protocol. As used herein, EBCE and Respondent are each individually a “Party” and together the “Parties” and “Offer” shall mean the Term Sheet provided by Respondent.

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA
Exclusive Negotiating Agreement • September 28th, 2011
SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • October 19th, 2022

This Second Amendment to Exclusive Negotiating Agreement (this “Amendment”) is dated effective as of October 28, 2022 (the “Effective Date”) by and between the Vancouver City Center Redevelopment Authority (the “CCRA”) and LPC West, Inc. (“Developer”).

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • May 7th, 2024 • California

This Exclusive Negotiating Agreement (this "Agreement") is entered into as of this 1st day of May 2024 (the "Effective Date"), by and between the City of Novato, a California municipal corporation (the "City"), and the Park Acquisition Corporation of Marin Valley Mobile Country Club, a California nonprofit mutual benefit corporation organized and existing under the laws of the State of California (the "PAC"), on the basis of the following facts:

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA
Exclusive Negotiating Agreement • September 25th, 2009
AMENDMENT NO. 9 TO EXCLUSIVE NEGOTIATING AGREEMENT‌
Exclusive Negotiating Agreement • June 9th, 2024

This Amendment No. 9 to Exclusive Negotiating Agreement (the "Amendment"), is made and entered into by and between THE CITY OF AUSTIN, a Texas home rule city and municipal corporation (the "City") and CDC COLONY PARK HOLDINGS, L.P., a Delaware limited partnership (the "Developer"), sometimes collectively referred to as the "Parties," and individually as a "Party".

ASTORIA: HERITAGE SQUARE EXCLUSIVE NEGOTIATING AGREEMENT DRAFT III
Exclusive Negotiating Agreement • February 4th, 2022 • Oregon

THIS EXCLUSIVE NEGOTIATING AGREEMENT (the "Agreement") is made and entered into as of the last date of signature indicated below (the “Effective Date”), by and between the City of Astoria, an Oregon municipal corporation (“Owner”), and Edlen & Co. Development, LLC (“Developer”), an Oregon limited liability company registered with the State of Oregon and licensed with the City of Astoria.

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • August 30th, 2021

This Exclusive Negotiating Agreement (“Agreement”) is entered into this day of , 2021 (the “Effective Date”), by and between the City of San Luis Obispo, a California charter municipal corporation ("the City'') and Ecologistics, a California non-profit corporation, through the Peace Project, an unincorporated association which operates under fiscal sponsorship by Ecologistics, and Smart Share Housing Solutions, Inc., a California non-profit organization. These entities shall be jointly referred to as the “Parties”. Ecologistics, operating through the Peace Project, and Smart Share Housing Solutions shall be jointly referred to as the “Project Partners”.

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • November 24th, 2014 • Nevada

Project means a mixed-used development to be located in the Project Area which may include, but is not limited to, multi-family residential, retail, restaurant, and office uses that complie with the Redevelopment Plan and the Sparks Transit Oriented Development Plan.

EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • November 13th, 2020 • California

This Exclusive Negotiating Agreement (the “Agreement”) is made and entered into as of June _, ____ by and between _______________,__________, a Delaware limited partnership (“Seller”) and ________________, a California nonprofit public benefit corporation (“Buyer”). Buyer and Seller are also each referred herein from time to time as a “Party” or collectively as the “Parties”.

Subject: Approve Exclusive Negotiating Agreement – Extension, 2718 G Street, Old Marshall
Exclusive Negotiating Agreement • March 9th, 2021

Background/Rationale: The fifth Exclusive Negotiating Agreement will expire June 30, 2021. This agreement is an extension of the fourth and will extend the agreement for an additional three months. Both parties desire to renew the agreement to allow sufficient time to identify exchange parameters.

Dumbarton Rail Corridor Project Update
Exclusive Negotiating Agreement • January 3rd, 2020

Transportation and Federal and State Policy Regional Planning Communications Real Estate Strategy Corporate Counsel

ITEM TITLE
Exclusive Negotiating Agreement • December 2nd, 2022

Agreement: Approve an Exclusive Negotiating Agreement with HomeFed, LLC to Negotiate a Master Developer Agreement for the University-Innovation District

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EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • April 6th, 2016 • California

This EXCLUSIVE NEGOTIATING AGREEMENT (this “Agreement” or “ENA”) is dated as of April 7, 2016 (“Effective Date”), and is entered into by and between the City of Coalinga, California (the “City”) and Casey Dalton-Schutt and Kelly Dalton (collectively, the “Developer”). The City and the Developer are sometimes individually referred to as a “Party” and are sometimes collectively referred to as the “Parties.”

Contract
Exclusive Negotiating Agreement • November 7th, 2019

TOM PEPPLE AND RYAN KANTORExclusive Negotiating Agreement Related to a Potential Ground Lease Item No. 40.01 Board Letter No. 12766 ($624/Revenue) Agenda: November 13, 2019

AMENDMENT NO. 3 TO EXCLUSIVE NEGOTIATING AGREEMENT‌
Exclusive Negotiating Agreement • June 22nd, 2024

This Amendment No. 3 to the Exclusive Negotiating Agreement (the "Amendment"), is made and entered into by and between THE CITY OF AUSTIN, a Texas home rule city and municipal corporation (the "City") and CDC COLONY PARK HOLDINGS, L.P., a Delaware limited partnership (the "Developer"), sometimes collectively referred to as the "Parties," and individually as a "Party".

FIFTH AMENDMENT TO AMENDED AND RESTATED EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • January 24th, 2024

NEGOTIATING AGREEMENT (“Fifth Amendment”) dated for reference purposes as of January , 2024 (“Fifth Amendment Effective Date”) is entered into by and between the Peninsula Health Care District, a political subdivision of the State of California (“District”), PMB LLC, a California limited liability company (“PMB”), Generations LLC, an Oregon limited liability company (“Generations”), and MidPen Housing Corporation, a California nonprofit public benefit corporation. PMB, Generations, and MidPen are referred to collectively herein as “Developer” or “Developers.” The District and Developer are sometimes referred to individually herein as “Party” and collectively as the “Parties.”

Subject: Approve Exclusive Negotiating Agreement – Extension, 2718 G Street, Old Marshall
Exclusive Negotiating Agreement • November 13th, 2020

Background/Rationale: The fourth Exclusive Negotiating Agreement will expire March 31, 2021. This agreement is an extension of the third and will extend the agreement for an additional six months. Both parties desire to renew the agreement to allow sufficient time to identify exchange parameters.

EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN
Exclusive Negotiating Agreement • December 2nd, 2022 • California

This EXCLUSIVE NEGOTIATING AGREEMENT (“Agreement”) is entered into effective as of December , 2022 (“Effective Date”) by and between the CITY OF CHULA VISTA, a chartered municipal corporation (“City”) and HOMEFED LLC, a Delaware limited liability company (“HomeFed”), with reference to the following facts:

FIRST AMENDMENT TO EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • November 28th, 2022

Amendment”) dated for reference purposes as of March 1, 2019 (“First Amendment Effective Date”) is entered into by and between the Peninsula Health Care District, a political subdivision of the State of California (“District”), and PMB LLC, a California limited liability company (“PMB”) and Generations LLC, an Oregon limited liability company (“Generations”). PMB and Generations are referred to collectively herein as “Developer”.

AGREEMENT AMENDING, EXTENDING AND CONTINUING THE APRIL 29, 2016, EXCLUSIVE NEGOTIATING AGREEMENT
Exclusive Negotiating Agreement • February 14th, 2018

AGREEMENT ("ENA"), is dated as of June 30, 2020 ("Date of Execution"), and is entered into by and between Monterey One Water (formerly known as Monterey Regional Water Pollution Control Agency as referenced in the ENA), a joint powers agency organized and operating under Sections 6500 and following of the California Government Code ("Agency"), and California-American Water Company, a California corporation ("Cal-Am"), which are sometimes referred to herein individually as a "Party" or collectively as the "Parties."

Subject: Approve Exclusive Negotiating Agreement – Extension, 2718 G Street, Old Marshall
Exclusive Negotiating Agreement • August 9th, 2019

Background/Rationale: The second Exclusive Negotiating Agreement will expire September 30, 2019. This agreement is an extension of the second and will extend the agreement for an additional six months. Both parties desire to renew the agreement to allow sufficient time to identify exchange parameters.

AMENDMENT NO. 7 TO EXCLUSIVE NEGOTIATING AGREEMENT‌
Exclusive Negotiating Agreement • June 23rd, 2024

This Amendment No. 7 to Exclusive Negotiating Agreement (the "Amendment"), is made and entered into by and between THE CITY OF AUSTIN, a Texas home rule city and municipal corporation (the "City") and CDC COLONY PARK HOLDINGS, L.P., a Delaware limited partnership (the "Developer"), sometimes collectively referred to as the "Parties," and individually as a "Party".

AMENDMENT NO. 2 TO EXCLUSIVE NEGOTIATING AGREEMENT‌
Exclusive Negotiating Agreement • November 10th, 2022

This Amendment No. 2 to the Exclusive Negotiating Agreement (the "Amendment"), is made and entered into by and between THE CITY OF AUSTIN, a Texas home rule city and municipal corporation (the "City") and CDC COLONY PARK HOLDINGS, L.P., a Delaware limited partnership (the "Developer"), sometimes collectively referred to as the "Parties," and individually as a "Party".

Contract
Exclusive Negotiating Agreement • April 2nd, 2008

RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE: April 9, 2008 TO: Riverside County Transportation Commission FROM: Stephanie Wiggins, Regional Programs Director THROUGH: Anne Mayer, Executive Director SUBJECT: Exclusive Negotiating Agreement with The Alan Mruvka Company dba Blue Square Development Group for Joint Development at the Riverside-Downtown Metrolink Station

John Southgate LLC
Exclusive Negotiating Agreement • February 4th, 2022

Brett, attached with this Memorandum please find a draft Exclusive Negotiating Agreement (ENA) between the City and Edlen & Co. Development, LLC (“Edlen”) regarding the development of the Heritage Square property with new affordable/workforce housing. At its January 18th, 2022 meeting, the Astoria Development Commission recommended that the City Council enter into this ENA with Edlen. I understand that City Council will consider this matter at its February 22nd, 2022 meeting, following a public hearing on February 7th, 2022.

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